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Home My WebLink AboutPrava Construction Services Inc; 2014-07-22; PWDB14-53PEM3 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 !P ~~~ --------------------------------· DOC# 2015-0196627 1111111111111111111111111111111111111111111111111111111111111111111111 Apr 23, 2015 03:22 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 Space above this line for Recorder's use. PARCEL NO: N/A ~~-------------- NOTICE OF COMPLETION Notice is hereby given that 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on December 31, 2014. 6. The name of the contractor for such work or improvement is Prava Construction Services, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 4702, Las Palmas Facility Renovations. 8. The street address of said property is 2075 Las Pal mas Drive, in the City of Carlsbad 92011 . .r: Ci y Engine Patrick Thomas VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Dri~ Carlsbad, California, 92008; the City Council of said City on ~n.X... 1 , 20_{_~_, accepted the above described work as completed and ordered t at a Not1ce of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ~ [ , 20 !5", at Carlsbad, California. AB #21,911 Reso. No. 2015-077 Word\Masters\Forms\Notice of Completion (City) 3/9/98 «~ CITY Of ~CARLSBAD CALI~OKNIA Las Pa/maf Rooting and HVAC Repla?fl~nt IIi i i ! J u L 2 3 2014 ill I) I u lij lS' i AGREEMENT ..._ __________ ,._.J THIS AGREEMENT is made as of the { Carlsbad (the "City"), } day of { }, 20{__}, between THE City of whose address for notices is: The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92010 and Des!gn Builder: Prava Construction Services whose address for notices is: 20~~orte Del Nogal, Suite 100 Carlsbad, CA 92011 for the Project: Las Palmas Roofing & HVAC Replacement City's Responsible Administrator: Public Works Director or his designee City's Representative is: Patrick McGarry or his Designee Civic Projects Manager whose address for notices is: 405 Oak Carlsbad, CA 92008 The City and Design Builder hereby agree as follows: ARTICLE 1 WORK Design Builder shall provide all work required by the Contract Documents (the "Work"). Design Builder agrees to do additional Work arising from changes ordered by the City pursuant to Article 7 of the General Conditions. The Work will be performed in Phases identified as follows: Phase 1 -Preliminary Design Phase 2 -Construction Documents Phase 3 -Construction ARTICLE 2 OPTIONS The City may exercise its option for performance of the Work under Phases 2 and 3 by providing a written Notice to Proceed to the Design Builder for performance under either or both of the Phases. The Option for Phase 3 may be exercised not later than 3 0 days after the expiration of Phase 2 Time or the acceptance by the City of the Construction Documents under Phase 2, whichever is later. If Design Builder has complied with all other terms of the Contract and the City fails to exercise its Option for Phase 3 by such DATE, 2013 Agreement 1 ~ /.# ," "'(.-..f1i-CITY OF ~CARLSBAD Las Palmas Roofing and HVAC Replacement CAL!~Qf.(N!A calculated date, the Design Builder agrees that a time extension will be its sole and complete remedy for any damage or loss incurred as a result of the delay in exercising said Option for Phase 3. The City's "OPTIONS" rights under this Article 2 are independent of the "Termination for Convenience" rights as set forth in Article 13, section 13.4 of the General Conditions. The City retains the right to terminate this Contract for convenience at any time in accordance with Article 13 of the General Conditions. ARTICLE 3 CONTRACT DOCUMENTS "Contract Documents" means the Advertisement For Design Builder Prequalification, Request for Proposals, Pricing Proposal Form, Proposal Evaluation Process, Project Directory, Preliminary Schedule, Bid Bond, Design Builder's Proposal, Notice of Selection As Apparent Best Value Proposal, this Agreement, General Conditions, Supplementary Conditions, , CAD and BIM Standards, City Standards and Design Criteria, Scope of Work, General Requirements (Division 01 ), Specifications (Divisions 02-33), Design Professional Rate Schedule for Additional Services, City Furnished Information, Standard Contract Forms (Exhibits), Ust of Drawings, Project Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion, and all other documents identified in this Agreement that together form the contract between the City and Design Builder for the Work (the "Contract"). The Contract constitutes the complete agreement between the City and Design Builder and supersedes any previous agreements or understandings. ARTICLE 4 CONTRACT SUM Subject to the provisions of the Contract Documents the City shall pay to Design Builder, for the performance of the Work, $388,538, the "Contract Sum" (See 1.1.21 of the General Conditions), for Phases 1, 2 and 3. ARTICLE 5 CONTRACT TIME The time allowed for the completion of Phase 1 shall be as follows: Phase 1 -30 days The time allowed for the completion of Phase 2 shall be as follows: Phase 2 -Design Builder shall commence the Work for Phase 2 on the date specified in the Notice to Proceed for Phase 2 and fully complete the Work within 30 days, the "Phase 2 Time." The time allowed for the completion of Phase 3 shall be as follows: Phase 3 -The Design Builder shall commence the Work for Phase 3 on the date specified in the Construction Notice to Proceed for Phase 3 and fully complete the Work for Phase 3 within 30 days, the "Phase 3 Time." If the City exercises its Option for Phase 3, the Phase 3 Time will be added to the Contract Time for completion of Phase 2, plus any days between the completion of Phase 2 and the exercise of the Option for Phase 3 to establish a revised Contract Time for completion of all Phases. In DATE, 2013 Agreement 2 i~ \'-'.:> l· C I T Y 0 F ~CARLSBAD Las Pa/mas Roofing and HVAC Replacement CALitORN!A the event that the Option for Phase 3 is exercised prior to the completion of Phase 2, the revised Contract Time will be the combined number of days of Phase 2 and Phase 3. By signing this agreement, Design Builder represents to the City that i) the Phase 2 Time, and Phase 3 Time are reasonable for completion of the Work of the respective Phase; ii) the Contract Time (as defined above) is reasonable for completion of the Work of all the Phases; and iii) Design Builder will complete the Work within the Contract Time. ARTICLE 6 UQUIDATED DAMAGES If Design Builder fails to complete the Work for Phase 2 within the Contract Time and the City has not exercised its option for Phase 3, Design Builder shall pay to the City, as liquidated damages and not as a penalty, the amount indicated below as "Uquidated damages daily rate for Phase 2" for each day after expiration of Contract Time that Work for Phase 2 remains incomplete. If the City has exercised its option for Phase 3 and Design Builder fails to complete the Work for Phase 3 within the Contract Time, Design Builder shall pay to the City, as liquidated damages and not as a penalty, the applicable amount(s) indicated below as "Uquidated damage daily rate for Phase 3" for each day after the expiration of the Contract Time that the Work remains incomplete. After Substantial Completion, the liquidated damages daily rate for Phase 3 shall be reduced to the sum indicated below. The City and Design Builder agree that if the Work is not completed within the Contract Time, the City's damages would be extremely difficult or impracticable to determine and that said amounts indicated below are reasonable estimates of and reasonable sums for such damages. The City may deduct any liquidated damages due from Design Builder from any amounts otherwise due to Design Builder under the Contract Documents. This provision shall not limit any right or remedy of the City in the event of any other default of Design Builder other than ,-, failing to complete the Work within the Contract Time. """' Uquidated damages daily rate for Phase 2 -$ 500.00 Uquidated damages daily rate for Phase 3 -$ 500.00 (on or before Substantial Completion) Uquidated damages daily rate for Phase 3 -$ 500.00 (after Substantial Completion) ARTICLE 7 COMPENSABLE DELAY If Design Builder is entitled to an increase in the Contract Sum as a result of a Compensable Delay, determined pursuant to Articles 7 and 8 of the General Conditions, the Contract Sum will be increased by the sum indicated below per day for each day for which such compensation is payable. This Article 7 will apply only if the City exercises its Option for the applicable Phase and only to the extent that Design Builder fulfills requisites proving entitlement to Compensable Delay. Compensable delay daily rate for Phase 3 -$ 750.00 ARTICLE 8 ASSIGNMENT If this Agreement is terminated prior to the exercise of the City's Option for Phase 3, the Design Builder shall execute an assignment to the City of all contracts with Design Professionals for work to be performed on Phase 2. DATE, 2013 Agreement 3 \_(~e CITY Of ~CARLSBAD Las Palmas Roofing and HVAC Replacement CALif-ORNIA ARTICLE 9 DUE AUTHORIZATION The person or persons signing this Agreement on behalf of Design Builder hereby represent and warrant to the City that this Agreement is duly authorized, signed, and delivered by Design Builder. ARTICLE 10 DESIGN BUILDER'S COVENANTS AND REPRESENTATIONS Without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in the Contract Documents, or implied by operation of law, the Design Builder makes the following covenants and representations to the City: 1 0. 1 Design Builder and all of its Design Professionals and subcontractors are properly certificated, licensed and qualified to perform the Work required by the Contract Documents. 10.2 Design Builder accepts the relationship of trust and confidence with the City established by the Contract Documents. Design Builder will cooperate with the City. 10.3 Design Builder and its Design Professionals have carefully examined the site of the Project and the adjacent areas, have suitably investigated the nature and location of the Construction Work and have satisfied themselves as to the general and local conditions which will be applicable, including but not limited to: (1) conditions related to site access and to the transportation, disposal, handling and storage of materials; (2) the availability of labor, water, power and roads; (3) normal weather conditions; (4) observable physical conditions at the site and existing site conditions including: size, utility capacities and connection options of external utilities; (5) the surface conditions of the ground and (6) the character and availability of the equipment and facilities which will be needed prior to and during the performance of Construction Work. 10.4 Design Builder and its Design Professionals have suitably reviewed the site survey, record documents, seismic data, preliminary geotechnical and other test reports, environmental documents and any other documentation furnished by the City in the Contract Documents. 10.5 Design Builder and its Design Professionals have carefully reviewed the following Contract Documents to the Design Build Contract: (1) Scope of Work (including Applicable Codes, Rules and Regulations, Energy Requirements, and all other project requirements); (2) the Specifications; and (3) Drawings. Design Builder acknowledges that these Contract Documents establish the scope, level of quality, design intent and the procedures for the development of the design to a state of 100% completion. DATE, 2013 Design Builder agrees that ( 1 ) the Contract Documents depict and describe a design for the Project which is partially complete and may vary in degree of completion from 5% to 95% depending on the particular or specific part of the Project; (2) it will manage, coordinate and fully complete the design; (3) Design Builder will cause its Design Professionals to describe and depict the final design for the Project, as approved by the City, in Construction Documents which will include all information required by the building trades to complete the construction (other than such details customarily developed by Agreement 4 c ~ \((1'';, CITY OF ~CARLSBAD Las Pa/mas Roofing and HVAC Replacement CALI~OR.NJA others during construction) and (4) it will manage and timely construct the Project in consideration for the City's payment of the Contract Sum. 10.6 Design Builder and its Design Professionals have reviewed the Preliminary Schedule attached to the Request for Proposals and agree that the design and construction tasks and milestones are reasonable and feasible, except as modified by Design Builder's Proposed Contract Schedule, approved by the City. Design Builder also agrees that time is of the essence for the performance of the Work. 10.7 Design Builder agrees that all Construction Documents will be complete, coordinated, and accurate. 10.8 Design Builder agrees that all materials, equipment and furnishings incorporated into or used in the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents) and free of liens, claims and security interests of third parties. If required by the City, Design Builder will furnish satisfactory evidence as to the kind and quality of the materials, equipment and furnishings. 10.9 Design Builder agrees that the Work will be of good quality, free of defects and will conform with the requirements of the Contract Documents. Work not conforming to the requirements of the Contract Documents, including substitutions in design or construction not specifically approved or authorized by the City in advance, may be considered defective. 10.10 DATE, 2013 Design Builder agrees to correct any error(s), omission(s), or deficiencies in the Contract Documents or Construction Documents at no additional cost to the City; however, this provision in no way limits the liability of Design Builder. Agreement 5 ~ .. \(~} CITY OF ~CARLSBAD Las Palmas Roofing and HVAC Replacement CALI~OKNIA THIS AGREEMENT is entered into by City and Design Builder as of the date set forth above. CITY: THE CITY OF CARLSBAD By: J\M Jk l~ J (Signature) c MATT HA. Ll- (Printed Name) MAYOR ATTEST DATE, 2013 Apt~ ~~ ~ ~M ;(LU~ 6 DESIGN BUILDER Prava Construction Services (Name of Firm) Corporation (Type of Organization) (Printed Name and Title) (Signature) l>eNl~E.. MA1Q?I\1:¥> tO~(_ (Printed Name) and Title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one office signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporation seal empowering that officer to bind the corporation. Design Builder's California Contractor License(s): (Name of Licensee) Agreement CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California } County of S"" V\ Dl ~ o On '1-JC)-( ~ Date before me, £ ... \4 M l...JDbJ h o".S<-( h tiP. r~ tt.J lie.) , Here Insert Name and Title of the Officer personally appeared 6 [t. "n () T Cf"'('e. "l... q 1\~ ~" ·..x. M A.f ~t"lb Tl>rrc z. Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfa9!2!Y_ evidence to be the person~whose namE(@)~ subscribed to the wit~ ~strument and acknowledged to m~et ~~@W exe~the same in Its~ 1 authorized capaci · and that by 01541'9 h signature(s) on the instrument the perso~ or the entity upon behalf of which the perso(@)acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: W,_ Yh W~ Signature of Notary 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: ----------------------------- Document Date:-------------------Number of Pages: _____ _ Signer(s) Other Than Named Above:------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ 0 Corporate Officer -Title(s): _______ _ 0 Individual RIGHT THUMBPRINT OF SIGNER 0 Partner - 0 Limited 0 General Top of thumb here 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ________ _ Signer Is Representing: ___ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): _______ _ 0 Individual RIGHT THUMBPRINT OF SIGNER 0 Partner - 0 Limited 0 General Top of thumb here 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ________ _ Signer Is Representing: ___ _ © 2010 National Notary Association· NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PRAVA CONSTRUCTION SERVICES, INC. July 11, 2014 Mr. Patrick McGarry Civic Projects Manager City of Carlsbad 405 Oak Avenue Carlsbad, CA 92008 Re: Las Palmas Renovations PWDB14-53PEM Dear Mr.McGarry, Please find below the final cost summary of our base bid plus desired and accepted alternates by the city for the above referenced project. Base Bid Total (Items 4.1-4.9) Alternate No.2 Deduct: Provide roof coating with a 10 year warranty over the existing roof in lieu of a new PVC roof Alternate No.3 Deduct: Standard roof curb in lieu of vibration isolation curbs Voluntary Add No.1: Demo existing abandoned platforms, and replace with new roof deck and insulation Voluntary Add No.2: Provide new skylights in lieu of lens replacement only Voluntary Add No. 3: Removal of all abandoned and obsolete piping and conduit currently penetrating the roof Voluntary Add No. 5: Builder's Risk insurance Eliminate Allowance for Permit City to pay permit costs Final Total Contract Value: Page 1 of 2 $450,548.00 $(64,109.00) $(8,512.00) $3,142.00 $5,791.00 $4,077.00 $1,101.00 $(3,500.00) $388,538.00 PRAVA CONSTRUCTION SERVICES, INC. We look forward to working with the City of Carlsbad on this very important project. Sincerely, ~~ Glenn Torrez President/ CEO Page2of 2 PRAVA CONSTRUCTION SERVICES, INC. Qualifications Clarifications & Exclusions 1. Full time supervision during construction is included per Exhibit C, paragraph 3.8, page 13 of 58 2. Pricing is based on full compliance with Design Build Method One, as outlined in Carlsbad Municipal Code; 3.28.085 3. All work shall be performed during normal working hours-7:00AM to 3:30PM; Monday through Friday 4. Parking onsite shall be provided for contractors and vendors 5. Work will be guaranteed to be free from defects from workmanship and materials for a period of two {2) years 6. This proposal shall remain valid for 45 days after city's proposal deadline has occurred 7. Environmental reports have not been reviewed and have not been provided by the city for the contractor's use 8. Temporary toilet/ wash facilities and trailer are excluded per RFI response 9. Construction power & water & cost for consumption are excluded 10. There are no known or city directed allowances carried in our base bid proposal or pricing 11. Abatement of any hazardous material (unknown at time of this proposal) are excluded; see alternates for allowance 12. Testing for hazardous materials (specifically asbestos) is included 13. Prava acknowledges $500 per day for Liquidated Damages 14. Payment & performance bonds are included 15. Pollution and professional insurances are included 16. Caulking is limited to vertical and horizontal tilt up panel joints only 17. Builder risk COC insurance is excluded see alternates for additional premium if city desires this coverage 18. Patching for thermostat installation is excluded, we will place t-stats on most logical location of existing walls 19. The existing HVAC unit condensate lines are currently PVC, per code lines should be copper. All new condensate drain lines are currently PVC and 20. We are anticipating replacing up to 12 sheets {384 sf) of CDX plywood roof deck due to new plenum drops and also possible bad/ written substrate. Any other additional work is excluded from our proposal and shall be charged at a rate of $3.10 per square foot SPECIFIC EXCLUSIONS 1. Security systems, access control; hardware or equipment 2. Utility company charges 3. Handling of hazardous materials 4. Any work inside the building 5. Any work on the site or striping (deleted through addenda II 2) 6. Any penetrations (roof jacks) for electrical or mechanical penetrations for future Tl 7. After hour & weekend work 8. Fire sprinkler design & permits 9. Fire alarm drawings/design 10. Storm or water piping modifications 11. AC paving or concrete flatwork Page 1 of 2 PRAVA CONSTRUCTION SERVICES, INC. 12. ADA compliance work or code upgrades 13. Security guards 14. Structural steel of any kind 15. Erosion control design & plan 16. Emergency generator work of any kind 17. Costs due to unknown conditions 18. Masonry walls 19. Special inspections or testing 20. Roof access ladder and cage Page 2of 2 Premium wi!l be adjusted based on final contract price Bond No.: PB 115111 00152 Premium: Included in LABOR AND MATERIALS BOND Performance Bond WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2014-184, adopted July 22, 2014 has awarded to PRAVA CONSTRUCTION SERVICES, INC. (hereinafter des- ignated as the "Principal"), a Contract for: LAS PALMAS RENOVATIONS PROJECT CONTRACT NO. 4207 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 perfor- mance 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, PRAVA CONSTRUCTION SERVICES, INC., as Principal, (hereinafter des- ignated as the "Contractor''), and Philadelphia Indemnity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Three hundred eighty-eight thousand five hundred thirty-eight & no/ 100 Dollars --" · ($ 388, 538 · oo ), said sum being an amount equal to: One hundred percent (1 00%) 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 as- signs, 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 9100, or for amounts due under the Unemployment In- surance 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 Unem- ployment 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 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, 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 hereunder or the specifications accompanying the same shalf 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. 0 Revised 1130/13 Contrad No. 4207) .. 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 this3\J\y Executed by SURETY this _..;;;;;2.:;...9t=h:=..-_ day day of .?{)"W) , 2014.-. of July , 20 14 . CONTRACTOR: PRAVA Construction Services, Inc. (name a!": By~~ (sign her ~/.eM," T;,e& k"Z.. (print name here) (print name here) e SURETY: Philadelphia Indemnity Insurance Company (name of Surety) 251 South Lake Avenue #360, Pasadena, CA (address of Surety) 91102 626-639-1323 telephone number of Surety) , Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By AsDan~lAtto~ .... ~., Revised 1/30/13 Contract No. 4207) State of California Countyof f4rl Pllf> CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On 7/'bO /I y, before me, -------'f6\__._.\+'1n'--'<CA-:7"""'(he:.._re-ins..!...,I~L...::.na_,._m c!:_e a~nd---,--tit.,---le o-=-f t-:-he--:off=-ce---,--r) ---- personally appeared-~~\~~~~~~~--~~~~~~~~~~~~~(~~~~~~~~~~~~~~~-~~~~~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s~eJubscribed to the within instrument and acknowledged to me that ;{e;~,.6;)executed the same in fls;fer!~ authorized capacity(ies), and that by ,{s';t¢1@ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) actec(executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. signature ___,er~~t---=---------+~-(Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ________________ _ containing ___ pages, and dated ___________ _ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) __________________ _ D Guardian/Conservator D Partner-Limited/General D Trustee(s) D Other: Title(s) ----------------------- representing: -----:-:--;-;--;-;:-----;--;---;:-:-::-:-~-~-----,----,---- Name(sl of Person(s) or Entity(1es) S1gner IS Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: L 0 form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page# Entry# Notary contact: __________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) D --------------- ©Copyright 2007-2012 Notary Rotary. Inc PO Box 41400, Des Moines, lA 50311-0507 All Rights Reserved. Part Number 101772. Please contact your Authorized Reseller to purchase copies of this form -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :xx-~~"¢<,~~~~~~~~~~~~~~~~~~~'§<,~~~'%~'C STATE OF CALIFORNIA County of San Diego } On July 29, 2014 Date before me, Dana L. Michaelis. Notary Public Here Insert Name and Title of the Officer personally appeared ___ A:...::...:n:..:.ne=--..:.W.:.:r..:..;ig;z.:h.:.:.t _______ -;-;-----,--;--;~--,-,---------------- Name(s) of Signer(s) DANA L. MICHAELIS • Commission # 1980195 i ~-·· Notary Public-California ~ z ·~~ ""' San Diego County ~ t; ~ ~ • •Ml soe"!· ;x~r!s ;uu tJ}~1tt Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(~ is/am subscribed to the within instrument and acknowledged to me that :H~she/timy executed the same in1;1~/her/1:HQ!Ir authorized capacity(:K!x), and that by:Ja~/her/tiaHixsignature(x) on the instrument the person~). or the entity upon behalf of which the person(X) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~itness m~~eal.'!~ _ Signature~)~_/ Signature of Notary Public Dana L. Michaelis ----------------------OPTIONAL---------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:------------------------------- Document Date: ___________________ Number of Pages: ________ _ Signer(s) Other Than Named Above:-------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General ~ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______ _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s):,__ _______ _ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here PIDLADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 BaJa Cynwyd, PA 19004-0950 Power of Attorney 262 KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: CYNDJ BEILMAN, ANNE WRIGHT AND DANA MICHAELIS OF SURETY ASSOCIATES OF SOUTHERN CALIFORNIA INSURANCE SERVICES Its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course ofits business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (I) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7"' day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: residing at: BaJa Cynwyd. PA (Notary Seal) My commission expires: March 22 20 16 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 29th day of __ J_u_l......::.y ____ ~ 20~. Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY ,. P:·emium wi~l be adjusted based on final contract price Bond Nc!> .. : PB 115111 00152 Premium: $6,828.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2014-184, adopted July 22, 2014 has awarded to PRAVA CONSTRUCTION SERVICES, INC. (hereinafter des- ignated as the "Principal"), a Contract for: LAS PALMAS RENOVATIONS PROJECT CONTRACT NO. 4207 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, to PRAVA CONSTRUCTION SERVICES, INC., as Principal, (hereinafter designated as the "Contractor''), and Philadelphia Indemnity Insurance Company -------------' as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Three hundred eighty-eight thousand five hundred thirty-eight Dollars & no/ HJOths ($ 388, 538. oo ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. 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 alter- ation 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 therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, in- curred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under 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. l' •+' Revised 1/30/13 Contract No. 4207) In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this~ 2()'\'h day of -:Ju\¥ , 20Jtl_. CONTRACTOR: PRAVA Construction Services, Inc. (name of Contractor) By:-----'-M~~~~~~(signh~ Gl<&! ~ z;~L.. (print name here) 8~ Executed by SURETY this _2_9_t_h __ day of ----~J~u~l~-------------------'20~ SURETY: Philadelphia Indemnity Insurance Company (name of Surety) 251 So Lake Avenue #360, Pasadena, CA 91101 (address of Surety) 626-639-1323 (telephone number of Surety) Anne Wright, Attorney-in-Fact (printed name of Attorney-in-Fact) ,\)e()\:;£JY1al(}(a00~'(6?J (Attach corporate resolution showing current (print name here) power of attorney.) era ~~~N oQ)RAV~Cocs\t~ (Title and ~at1on of s1gnatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec- retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By tfJ~L~ As?tStai City Attorney ., \.., Revised 1/30/13 Contract No. 4207) State of California County of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On --------Lt-1{ ___..__,._W_/lq __ before me, __ Fq----"'\.____._iOO~ftlJ_V ci_L__ __ pe~onal~appeared~~~~~~~P~-~~~Q~~~~~~~~~(h~e~~i~~enn~a~~ea~~dti~~o~~~eo~~~0 ~~~~~~~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s~ subscribed to the within instrument and acknowledged to me that ~!sf'!/hJ executed the same in ~(er9 authorized capacity(ies), and that by l{s!h(ri@ignature(s) on 't(e'. instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ------------------ containing ___ pages, and dated ___________ _ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) -----------=-c~-------- Title(sl D Guardian/Conservator D Partner-Limited/General D Trustee(s) D Other: _______________________ _ rep resenting: -------,-,----:-c---;-;:---:-c--::---:-c-:--::c-----:---;:---c------ Name(sl of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry# Notary contact: ___________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) D ---------------- ©Copyright 2007-2012 Notary Rotary, Inc. PO Box 41400, Des Moines, lA S0311-0507. All Rights Reserved. Part Number 101772. Please contact your Authorized Reseller to purchase copies of thrs form CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~~~~~~~~~~~~~~~"@.,~~~~~~~'G STATE OF CALIFORNIA County of San Diego } On July 29, 2014 Date before me, Dana L. Michaelis. Notary Public Here Insert Name and Title of the Officer personally appeared __ ....:A....::n:..:.:n.:..::e:.__W:_:.:.:ri:.;:zg:...:.ht:.._ ______ .,..,-~,......,.,=-___,...,,----------------- Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(~ is/am subscribed to the within instrument and acknowledged to me that :Maashe/tkay executed the same in:ll.lb$/her/tMQ!Ir authorized capacity~). and that by:XJM;/her/tiallixsignature(:s) on the instrument the person~). or the entity upon behalf of which the person(X) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~itnessm:r;~eal. -~ )- Signature {(Ll~. Signature of Notary Public Dana L. Michaelis ---------------------OPTIONAL--------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ______________________________ _ Document Date: ___________________ Number of Pages: ________ _ Signer(s) Other Than Named Above:-------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General [if Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______ _ Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name:. _____________ _ 0 Individual 0 Corporate Officer-Title(s):,__ _______ _ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney 261 KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: CYNDI BEILMAN, ANNE WRIGHT AND DANA MICHAELIS OF SURETY ASSOCIATES OF SOUTHERN CALIFORNIA INSURANCE SERVICES Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such of(icers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7'h day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PIDLADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. ~'" Notary Public: residing at: Bala Cynwyd. PA (Notary Seal) My commission expires: March 22 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this Z 9th day of __ J_u_l_Y _____ ~ 20~. Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY OPID:LC ABRD~ EVIDENCE OF COMMERCIAL PROPERTY INSURANCE! DATE IMMIDD/YYYY) 08/01/2014 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ~M THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~R NAME. I ~<>_N.fo. &II: 760-632-4840 COMPANYNAMEANDADDRESS I NAICNO: C PE~S~ AND ADDRfrn · B mar ommercla Ins ::nvc American Zurich Insurance Co. Rob Cohen 2530 Gateway Road Carlsbad, CA 92009 Robert A. Cohen F_M No\:760-632-4841 I E-MAIL ADDRESS: IF MULTIPLE COMPANIES. COMPLETE SEPARATE FORM FOR EACH CODE: I SUB CODE: PollcyTlfpe ~3rra~ER ID ,; PRA vA-1 Course of Construction NAMED INSURED AND ADDRESS LOAN NUMBER ~7UCY NUMBER PRAVA Construction Services, I R06875316 Suite 100 2038 Corte Del Nogal EFFECTIVE DATE l EXPIRATION DATE Carlsbad, CA 92011 1 n CONTINUED UNTIL 08/01/14 02/01/15 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATIONjUse REMARKS on paae 2 if more space Is reauiredl lXI BUILDING OR D Business Personal Property LOCATIONIOESCRIPTION 2075 Las Palmas Drive Carlsbad, CA 92011 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 EVIDENCE OF PROPERTY INSURANCE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION PERILS INSURED I BASIC l bROAD I X J SPECIAL I _L COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $400000 OED: 1000 v .. No NIA 0 BUSINESS INCOME 0 RENTAL VALUE X If YES, LIMIT: I I Actual Loss Sustained; 11-of months: ~c~ COVERAGE X If YES, indicate value(s) reported on property identified above: $ SMCOVERAGE X Attach Disclosure Notice I DEC IS THERE A TERRORISM-SPECIFIC EXCLUSION? IS DOMESTIC TERRORISM EXCLUDED? LIMITED FUNGUS COVERAGE X If YES, LIMIT: OED: FUNGUS EXCLUSION (If "YES", specify organization's form used) REPLACEMENT COST X AGREED VALUE X COINSURANCE X If YES, % EQUIPMENT BREAKDOWN (If Applicable) X If YES, LIMIT: OED: ORDINANCE OR LAW -Coverage for loss to undamaged portion of bldg X -Demolition COSts X lfYES,LIMIT: OED: -lncr. Cost of Construction X If YES, LIMIT: OED: EARTH MOVEMENT (If Applicable) X If YES, LIMIT: OED: FLOOD (It Applicable) X If YES, LIMIT: OED: WIND I HAIL (If Subject to Different Provisions) X If YES, LIMIT: OED: PERMISSION TO WArvE SUBROGATION IN FAVOR OF MORTGAGE X HOLDER PRIOR TO LOSS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INTEREST H MORTGAGEE H CONTRACT OF SALE LENDER SERVICING AGENT NAME AND ADDRESS LENDERS LOSS PAYABLE NAM~D ADDRESS ~ City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE ~A, tif(, ~~ ACORD 28 (2006/07) Page 1 of 2 ©ACORD CORPORATION 2003-2006. All rights reserved. The ACORD name and logo are registered marks of ACORD EVIDENCE OF COMMERCIAL PROPERTY INSURANCE REMARKS • Including Special Conditions (Use only if more space is required) •except in the event of non-payment of premium, 10 days DNOC will be sent. sorosts -$25,500 ACORD 28 (2006/07) Page 2of2 Disclosure Statement It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER: • ZURICH" WE REQUIRE THAT YOU TRANSMIT THE ATTACHED/ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again, thank you for your interest, and we look forward to meeting your needs and those of your customers. U-GU-873-A CW (06/11) Page 1 of 1 g Disclosure Statement ZURICH NOTICE OF DISCLOSURE FOR AGENT & BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http://www.zurichnaproducercompensation.com or call the following toll-free number: (866) 903-1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U-GU-874-A CW (06/11) Page 1 of 1 ~.alifornia Disclosure Statement "-" Fully Earned premium This policy is subject to the Total Fully Earned Policy Premium shown in the Declarations. • ZURICH< If this policy is cancelled you must pay at least the Total Fully Earned Policy Premium unless the policy is cancelled as of the inception date shown in the Declarations. U-GU-884-A CA (01-12) Page 1 of 1 BUILDERS RISK COVERAGE DECLARATIONS ~e Declarations, Supplemental Declarations, Common r -licy Conditions, Commercial Inland Marine Conditions, ~verage Form(s) And Endorsement(s), if any, issued to and forming a part thereof, complete the Commercial Insurance Policy numbered as follows: 00 New Policy BR06875316 0 Renewal of 0 Rewrite of American Zurich Insurance Company A Stock Company Administrative Office: 1400 American Lane Schaumburg, IL 60196 THIS IS A COINSURANCE CONTRACT Please read your policy. In return for the payment of the premium, and subject to all terms of this policy, we agree with you to provide the insurance as stated in this policy. 1. Named Insured and Mailing Address: 2. Producer Information: Prava Construction Services, Inc. 2038 Corte Del Nogal, suite 100 Carlsbad, CA 92011 A Name: PROFESSIONAL INSURANCE ASSOCIATES, INC. 3. Policy Period-From: 08/01/2014 To: 02/01/2015 12:01 a.m. at your mailing address above. PO BOX 1266 SAN CARLOS, CA 94070-1266 B Telephone#+ 1 650 592 7333 C Fax# +1 650 590 3700 D Zurich Producer# 12090288 E Field Office Name F Field Office Code 4. Form of Business: 0 Individual 0 Partnership 00 Corporation 0 Joint Venture 0 Other 5. Limits of Insurance (either One-Shot or Reporting Form as indicated below) 00 SUPPLEMENTAL DECLARATIONS (If this box is checked, Supplemental Declarations is attached to and forms a part of this policy) . Reporting Form (continuous policy) lt:J Annual Rate 0 Monthly Rate (HBIS-4) A) Any one building or structure B) All covered property at all locations C) Rate D) Premium E) Total Taxes and Surcharges (per attached endorsement-N/A in NY) F) Total Fully Earned Policy Premium $ $ Per Report Per Report Per Report Per Report 00 One-Shot (non-reporting form/single structure policy) 0 1-4 Family Dwelling [!] Commercial Structure Property Location 2075 Las Palmas Drive Carlsbad, CA 92011 New Construction A) Any one building or structure B) All covered property at all locations (same as A unless otherwise noted) Remodeling D) Renovations and improvements E) Existing buildings or structures F) Rate G) Premium H) Total Taxes and Surcharges (per attached endorsement) $ 400,000 $ 400,000 $ See new construction $ $ $ $ 0.143 608.00 0.00 I) Total Fully Earned Policy Premium $ (minimum premium applicable) 608.00 6. Deductible: 0$500 [!]$1 ,000 0$2,500 0$5,000 OOther 7. Forms Applicable To This Coverage Part: -SEE SCHEDULE OF FORMS AND ENDORSEMENTS ~ Countersigned: ______________ By: -------:------:--"'7"""---:--::::------=-------- Date Authorized Representative FM-170001 (04-10) BUILDERS RISK COVERAGE SUPPLEMENTAL DECLARATIONS Policy Number: BR06875316 licy Type: D Reporting Forms (continuous policy) OR 00 One-Shot (non-reporting form/single structure policy) DITIONAL COVERAGES (COVERAGE FORM) LIMIT OF INSURANCE a. Collapse b. Scaffolding, Construction Forms And Temporary Structures Re-erection Of Scaffolding c. Debris Removal d. Back-Up Or Overflow Of Sewers, Drains Or Sumps e. Fire Department Service Charge f. Valuable Papers And Records g. Pollutant Clean-Up And Removal h. Ordinance Or Law-Direct Damage Loss To The Undamaged Portion Of The Building Demolition Cost Increased Cost Of Construction Combined Aggregate For Demolition Cost And Increased Cost Of Construction i. Preservation Of Property j. Rewards k. Property At A Temporary Storage Location I. Property In Transit OPTIONAL ADDITIONAL COVERAGES (ENDORSEMENTS) D Business Income (HBIS-95) Anticipated Project Completion Date Monthly Limit Of Indemnity Deductible Period Civil Authority D Business Income And Extra Expense (HBIS-82) Anticipated Project Completion Date Monthly Limit Of Indemnity Deductible Period Business Income Extra Expense Civil Authority D Development Or Subdivision Fences, Walls And Signs (HBIS-58) D Expediting Expense (HBIS-93) D Extra Expense (HBIS-92) D Marine Model Home Contents Coverage (0 HBIS-52 -OR-D HBIS-77) 00 Soft Costs Coverage (HBIS-88) Anticipated Project Completion Date 12/18/2014 Deductible Period Expense To Mitigate Loss Civil Authority (coverage extended for 3 additional consecutive weeks) OPTIONAL COVERAGE EXTENSION (ENDORSEMENT) D Builders Risk Green Building Coverage Extension (HBIS-96) Aggre~ate Limit of Liability "LEED Building Rating" Included $ 20,000 $ 10,000 $ 20,000 $ 5,000 $ 10,000 $ 20,000 $ 15,000 Included $ $ $ Included $ 10,000 $ 10,000 $ 25,000 $ (fraction) days Included $ (fraction) days Included Included Included $ $ $ $ $ 25,500 14 days Included Included $ HBIS-91 (04-09) Policy Number BR06875316 SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured: Prava Construction Services, Inc. Agent Name: PROFESSIONAL INSURANCE ASSOCIATES, INC. Effective Date: 08/01/2014 12:01 A.M., Standard Time Agent No.: 12090288 FM170001(04/IO), HBIS-91(04/09), U-GU-619-A CW(10/02), 40471(04/09), HBIS-1(04/09), HBIS-88(04/09), HBIS-83(04/09), HBIS-84(04/09), U-GU-692-C CW(06/13), U-GU-767-A(01/08), IL0003(09/08), CM0001(09/04), IL0104(09/07), IL0102(05/05), IL0017(11/98), IL0270(09/12), U-GU-319-F(Ol/09) U-GU-619-A CW (10/02) ,,.,'""' ~uilders Risk Coverage Form 'A ZURICH Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Words and phrases that appear in quotation marks have special meaning. Refer to Section F. DEFINITIONS. Coverage provided by Coverage Form is also subject to all Conditions in the Common Policy Conditions and Commercial Inland Marine Conditions forms. A. COVERAGE We will pay for direct physical loss or damage to Covered Property from any Covered Cause of Loss described in this Coverage Form. 1. Covered Property, as used in the Coverage Form, means: Property which has been installed, or is to be installed in any "commercial structure" or any one to four family dwelling, private garage or other structure that will be used to service the "commercial structure" or one to four family dwelling at the location which you have reported to us. This includes: a. Your property; b. Property of others for which you are legally responsible; c. Paving, curbing, fences and outdoor fixtures; d. Trees, shrubs, plants and lawns installed by you or on your behalf; e. Completed single family dwelling which is being used as a Model Home when reported to us as such on monthly reports with an amount shown; and f. Foundations of buildings and foundations of structures in the course of construction. 2. Property Not Covered Covered Property does not include: a. Existing buildings or structures to which an addition, alteration, improvement, or repair is being made, unless specifically endorsed; b. Plans, blueprints, designs or specifications, except as provided in paragraph A.4. Additional Coverage of this Coverage Form; c. Land and water; d. "Existing inventory", unless specifically endorsed; e. Contractors tools and equipment. 3. Covered Cause Of Loss Covered Cause of Loss means risk of direct physical loss or damage to Covered Property, except those causes of loss listed in Section B. EXCLUSIONS. 4. Additional Coverages ~ a. Collapse Includes copyrighted material of Insurance Services Office, Inc., with its permission 40471 (04-09) Page 1 of 12 We will pay for direct physical loss or damage to Covered Property, caused by collapse of all or part of a building or structure insured under this Coverage Form, if the collapse is caused by one or more of the following: (1) Fire; lightning; windstorm; hail; explosion; smoke; aircraft; vehicles; riots; civil commotion; vandalism; breakage of glass; falling objects; weight of snow, ice or sleet; or "water damage"; but only if the causes of loss are otherwise covered in this Coverage Form; (2) Hidden decay; (3) Hidden insect or vermin damage; (4) Weight of people or personal property; (5) Weight of rain that collects on a roof; (6) Use of defective materials or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. This Additional Coverage does not increase the Limits of Insurance provided in the Coverage Form. b. Scaffolding, Construction Forms And Temporary Structures (1) We will pay for direct physical loss or damage which is caused by or results from a Covered Cause of Loss, to scaffolding, construction forms and temporary structures, including fully enclosed office and fully enclosed tool trailers, but only while they are at a construction site you have reported to us. The most we will pay under this Additional Coverage is the amount shown in the Supplemental Declarations for Scaffolding, Construction Forms And Temporary Structures. (2) We will also pay for the cost of re-erection of the scaffold if the loss or damage of the scaffolding is caused by or results from a Covered Cause of Loss. The most we will pay under this Additional Coverage is the amount shown in the Supplemental Declarations for Re-erection Of Scaffolding. No deductible applies to this Additional Coverage. c. Debris Removal We will pay your expenses to remove debris of Covered Property. This debris must result from a Covered Cause of Loss under this Coverage Form. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss or damage. If the sum of the loss or damage and debris removal expenses exceeds the limit of insurance applicable to the property, we will pay an additional amount of debris removal expenses you incur in excess of the limit of insurance applicable to the property up to, but not exceeding the amount shown in the Supplemental Declarations for Debris Removal. This Additional Coverage does not apply to costs to: (1) Extract "pollutants" from land or water; or (2) Remove, restore or replace polluted land or water. No deductible applies to this Additional Coverage. d. Back-Up Or Overflow Of Sewers, Drains Or Sumps We will pay for loss or damage to Covered Property caused by water that backs up or overflows from a sewer, drain or sump from within the reported location. The most we will pay under this Additional Coverage is the amount shown in the Supplemental Declarations for Back-Up Or Overflow Of Sewers, Drains Or Sumps. No deductible applies to this Additional Coverage. e. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay for your liability for the fire department service charges which are: (1) Assumed by contract or agreement prior to loss or damage; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40471 (04-09) Page 2 of 12 {2) Required by local ordinance. The most we will pay under this Additional Coverage is the amount shown in the Supplemental Declarations for Fire Department Service Charge. No deductible applies to this Additional Coverage. f. Valuable Papers And Records We will pay for direct physical loss or damage to "valuable papers and records" caused by or resulting from a Covered Cause of Loss. The value will be based on the blank materials for reproducing the records and labor to transcribe or copy the records when there is a duplicate. When there is no duplicate, we will pay the costs to research, replace, restore or reproduce the lost information on lost or damaged "valuable papers and records". The most we will pay under this Additional Coverage is the amount shown in the Supplemental Declarations for Valuable Papers And Records. No deductible applies to this Additional Coverage. g. Pollutant Clean-Up And Removal We will pay your expense to extract "pollutants" from land or water at locations reported to us if the discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Cause of Loss occurs. This Additional Coverage does not apply to costs to test for, monitor, or assess the existence, concentration or effects of "pollutants". But we will pay for testing which is performed in the course of extracting the "pollutants" from land or water. The most we will pay under this Additional Coverage is the amount shown on the Supplemental Declarations for Pollutant Clean-Up And Removal for the sum of all expenses which are incurred as a result of all Covered Causes of Loss during each separate 12 month period from the effective date of the policy. No deductible applies to this Additional Coverage. h. Ordinance Or Law-Direct Damage {1) Coverage For Loss To Undamaged Portion Of The Building Or Structure {a) If a Covered Cause of Loss occurs to Covered Property at the construction site reported to us, we will pay for loss or damage to the undamaged portion of the property as a consequence of enforcement of any ordinance or law that: {i) Requires the demolition of parts of the same property not damaged by a Covered Cause of Loss; {ii) Regulates the construction or repair of property, or establishes zoning or land use requirements at the construction site; and {iii) Is in force at the time of loss or damage. {b) Coverage for loss or damage to the undamaged portion of the structure is included within the applicable limit of insurance for that location at the construction site. This only applies when the ordinance or law went into effect after the start of the construction of the structure or dwelling. {2) Demolition Cost Coverage {a) If a Covered Cause of Loss occurs to Covered Property at the construction site reported to us, we will pay the cost to demolish and clear the construction site of undamaged parts of the property, caused by enforcement of building, zoning or land use ordinance or law. {b) The most we will pay for Demolition Cost is the amount of loss or damage or the amount shown in the Supplemental Declarations for Demolition Cost Coverage, whichever is less. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40471 (04-09) Page 3 of 12 (3) Increased Cost Of Construction Coverage (a) If a Covered Cause of Loss occurs to Covered Property at the construction site reported to us, we will pay for the increased cost necessary to repair or reconstruct the damaged portions of that Covered Property when the increased cost is a consequence of enforcement of building, zoning or land use ordinance or law. If the Covered Property is repaired or rebuilt, it must be intended for the same occupancy as the property prior to the loss or damage, unless otherwise required by zoning land use ordinance or law. (b) If the ordinance or law requires relocation to another site, we will pay the increased cost of construction at the new site as set forth below in paragraph (c) below. (c) The most we will pay for Increased Cost of Construction Coverage is the amount of loss or damage or the amount shown in the Supplemental Declarations for Increased Cost Of Construction Coverage, whichever is less. (4) The most we will pay in total for Demolition Cost Coverage and Increased Cost of Construction Coverage for loss or damage from any one occurrence is the limit shown in the Supplemental Declarations for Combined Aggregate For Demolition Cost And Increased Cost Of Construction. (5) We will not pay under: (a) Coverage For Loss To The Undamaged Portion Of The Building Or Structure; (b) Demolition Cost Coverage; or (c) Increased Cost Of Construction Coverage for costs associated with the enforcement of any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of "pollutants". (6) In the event that this policy is endorsed to provide coverage for existing buildings or structures, or the policy covers renovation, remodeling or other work being done on such buildings or structures, this Additional Coverage shall not apply to such buildings or structures. i. Preservation Of Property If it is necessary to move Covered Property from the location reported to us or described on the Declarations, to preserve it from loss or damage by a Covered Cause of Loss, we will pay for any direct physical loss or damage to that property: (1) While it is being moved or while temporarily stored at another location; and (2) Only if the loss or damage occurs within 30 days after the property is first moved. This Additional Coverage is part of, and not in addition to, the Limit of Insurance applicable to the Covered Property. j. Rewards At our option, we may reimburse you for rewards you pay, other than to you, your partners or officers, for information which leads to the conviction of any one or more persons responsible for loss or damage covered under this Coverage Form. We will be the sole judge as to the payment and amount of reimbursement. The most we will pay for this Additional Coverage is the amount shown in the Supplemental Declarations for Rewards. k. Property At A Temporary Storage Location (1) We will pay for direct physical loss or damage caused by a Covered Cause of Loss to Covered Property while temporarily in storage at a location other than a location which you have reported to us. ~-(2) We will not pay under this Additional Coverage for property in storage if the property has not been specifically allocated to or otherwise identified with a covered building or structure. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40471 (04-09) Page 4 of 12 (3) The most we will pay for this Additional Coverage is the amount shown in the Supplemental Declarations for Property At A Temporary Storage Location. I. Property In Transit We will pay for direct physical loss or damage caused by a Covered Cause of Loss to Covered Property while in transit. The most we will pay for this Additional Coverage is the amount shown in the Supplemental Declarations for Property In Transit. B. EXCLUSIONS 1. We will not pay for a loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage. a. Governmental Action Seizure or destruction of property by order of any governmental authority. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if that fire would be covered under this Coverage Form. b. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. But if nuclear reaction or radiation contamination results in fire, we will pay for the loss or damage caused by that fire. c. War And Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by government authority in hindering or defending against any of these. d. Earth Movement (1) Any earth movement (other than sinkhole collapse), such as an earthquake, landslide, mine subsidence or earth sinking, rising or shifting. But if earth movement results in fire or explosion, we will pay for the loss or damage caused by that fire or explosion. (2) Volcanic Action Volcanic eruption, explosion or effusion. But if volcanic eruption, explosion or effusion results in fire, building glass breakage or volcanic action, we will pay for the loss or damage caused by that fire, building glass breakage or volcanic action. Volcanic action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: (a) Airborne volcanic blast or airborne shock waves; (b) Ash, dust or particulate matter; or (c) Lava flow. All volcanic eruptions that occur within any 168 hour period will constitute a single occurrence. Volcanic action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss or damage to the described property. This exclusion does not apply to Covered Property while in transit. e. Water Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40471 (04-09) Page 5 of 12 .,..,...,. :. ~ (1) Flood, surface water, waves, tides, tidal waves, overflow of any body of water or their spray, all whether driven by wind or not; (2) The interior of any building or structure caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, unless: (a) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain, snow, sleet, ice, sand or dust enters; or (b) The loss or damage is caused by or results from thawing of snow, sleet or ice on the building or structure. (3) Mudslide or mudflow; (4) Water that backs up or overflows from a sewer, drain or sump, except as provided in the Back-Up Or Overflow Of Sewers, Drains Or Sumps Additional Coverage; (5) Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls, floors or paved surfaces; (b) Basements, whether paved or not; or (c) Doors, windows or other openings. But if water, as described in e.(1) through e.(5) above, results in fire, explosion or sprinkler leakage, we will pay for the loss or damage caused by that fire, explosion or sprinkler leakage. 2. We will not pay for a loss or damage caused by or resulting from any of the following: a. Delay, loss of use, or loss of market. This does not include "profit" if reported in compliance with the Reporting Provisions Additional Condition; b. Dishonest or criminal acts by you, any of your partners, employees or leased employees, directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose. This exclusion applies: (1) While acting alone or in collusion with others; or (2) Whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees or leased employees; but theft by employees or leased employees is not covered. This exclusion does not apply to Covered Property while it is entrusted to others who are carriers for hire. c. Unexplained or mysterious disappearance except for property in custody of a carrier for hire. d. Shortage of property found on taking inventory. e. Penalties for noncompliance with contract conditions. f. Collapse, except as provided in the Collapse Additional Coverage. g. (1) Wear and tear; (2) Any quality in the property itself that causes it to damage or destroy itself; or that causes gradual deterioration; (3) Insects, vermin, rodents; (4) Corrosion, rust, fungus, mold, mildew, rot; (5) (6) Dampness, changes in or extremes of temperatures, freezing; However, we will cover freezing loss or damage to property in the building reported to us, if you have shut off the water supply and drained the plumbing systems and appliances or made a reasonable effort to maintain heat in the building. Settling, cracking, shrinking, or expansion of any Covered Property. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40471 (04-09) Page 6 of 12 h. Rain, snow, sleet, sand or dust if Covered Property is in the open. This does not apply to Covered Property in the custody of a carrier for hire. i. Artificially generated electrical current; mechanical breakdown; rupturing or bursting caused by centrifugal force. j. Testing, start-up, commissioning, examination or trial of Covered Property such as boilers, ovens, stoves, turbines, pumps, process equipment or equipment of a similar nature to prove their ability or function. This includes any form of testing making use of feedstock, including operational tests, performance tests, or other tests performed in conjunction with such testing. This exclusion does not apply to "electrical testing", "mechanical testing", "pneumatic testing" or "hydrostatic testing" used in the start-up and testing of building systems that are intended to service a building. 3. We will not pay for loss or damage caused by or resulting from any of the following. But if loss or damage by a Covered Cause of Loss results, we will pay for the resulting loss or damage caused by that Covered Cause of Loss. a. Weather conditions which contribute in any way to a cause or event excluded in paragraph 1. above to produce the loss or damage. b. Acts or decisions, including the failure to act or decide, of any person, group, or organization representing a governmental, regulatory or controlling body. c. Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance of all or part of any Covered Property wherever located. d. The discharge, dispersal, seepage, migration, release or escape of "pollutants", except as provided under Pollutant Clean-Up And Removal Additional Coverage. C. LIMITS OF INSURANCE The most we will pay for loss or damage to any one building or structure is the lesser of the Limit of Insurance shown in the Declarations for that one building or structure or the "total estimated completed value" that was reported to us for that one building or structure. The most we will pay for loss or damage in any one occurrence is the limit shown in the Declarations for all Covered Property at all locations. D. DEDUCTIBLE We will not pay for loss or damage until the amount of covered loss or damage exceeds the Deductible shown in the Declarations. We will then pay the amount of the covered loss or damage which exceeds the Deductible, up to the applicable Limit of Insurance. E. ADDITIONAL CONDITIONS The following conditions apply in addition to the Common Policy Conditions and the Commercial Inland Marine Conditions: 1. Coverage Territory The coverage territory is United States of America (including its territories and possessions) and Canada. 2. Where Coverage Applies This coverage applies to Covered Property while within the coverage territory while: a. At any construction site you have reported; ~-· b. Temporarily at other premises, if the property has been designated to be installed at a location you have reported to us; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40471 (04-09) Page 7 of 12 c. In transit except imports or exports while ocean marine coverage applies. 3. When Coverage Begins And Ends We will cover risk of loss or damage from the time when you are legally responsible for the Covered Property on or after the effective date of this policy if all other conditions are met. Coverage will end at the earliest of the following: a. Once your interest in the Covered Property ceases; b. Ninety days after initial occupancy of the Covered Property unless: (1) That building is being used as a model home; (2) That building is being remodeled and is a single family dwelling; or (3) That building is being used as a "model home leaseback". c. When the Covered Property is leased to or rented to others: (1) For a single family dwelling, when the building is leased or rented to others; (2) For a two, three or four family dwelling, when 50% or more of the units in the structure are leased to or rented to others; or (3) For a "commercial structure", when 75% or more of the square footage space is leased to or rented to others. This does not apply to pre-leases established prior to construction. d. When you abandon the reported location with no intention to complete it; e. At the end of 12 months from the month when you first reported the location to us unless you report the location again and pay an additional premium. If the location is reported again and the additional premium is paid, coverage will end at the end of 12 months from the month when you re-reported the location to us as described in the Reporting Provisions Additional Condition. You have the option to report the same location a third time at the end of the second 12 month period, provided the required additional premium is paid. Coverage for this third 12 month term will end at the end of 12 months from the month you re-reported the location for a third term; Coverage for existing buildings or structures that are being or have been remodeled: At the end of 12 months from the month when you first reported the location to us unless you report the location again and pay an additional premium. If the location is reported again and the additional premium is paid, coverage will end at the end of 12 months from the month when you re-reported the location to us as described in the reporting provision below. There is no option to report a third year. f. When permanent property insurance applies; or g. Once the Covered Property is accepted by the owner or buyer. 4. Reporting Provisions a. Each month you must report to us the "total estimated completed values" of all Covered Property for each location started during the previous month. This report must be made on the form we provide. For the purpose of these reports, a location is started when you first put any building materials (including the foundation) on the construction site. If your policy is endorsed to provide coverage for existing structures that you are renovating or adding onto and for which you seek coverage, a location is started on the earlier of the following: (1) When you first put any building materials, which includes any new, altered or expanded foundation, on the site; or (2) When you acquire title to the existing structure. b. You must pay premiums based on the "total estimated completed value" of the Covered Property using the rate we furnish. You must send your premium payment with the report for the reported locations to be 40471 (04-09) Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. covered. We must receive your report and the accompanying premium payments at the address designated in our form by the last business day of the month in which the report is due, or the report is late. c. If a report is received late, coverage begins on the day the report is received, and there is no coverage for any loss or damage that occurred before that report was received. Our acceptance of a report of values and premium payment does not waive or change any part of this policy nor stop us from asserting any right we have under the terms of this policy. d. The premium charged is fully earned and no refund is due you when coverage ends. e. A dwelling being used as a Model Home must be reported and should be identified as a Model Home. f. You will keep accurate construction records regarding property we cover under this policy. This includes the "total estimated completed value" of the Covered Property and a record of all contracts of sale dealing with the Covered Property. g. If at the end of 12 months from the time you first reported a start to us, you still have that location in your inventory, you may report that location to us a second time. If at the end of the second 12 months from the time you first reported a start to us and you still have that location in your inventory, you may report that location to us a third time. Coverage for existing buildings or structures that are being or have been remodeled: If at the end of 12 months from the time you first reported a start to us, you still have that location in your inventory, you may report that location to us a second time. There is no option to report a third time (year). h. Cancellation of this policy will not affect the insurance in force on any location which you have reported to us or on any location which started before the effective date of the cancellation notice if that location is reported on the report due and premium payment is made. However, you cannot report any location currently in your inventory a second time after the effective date of cancellation. However, coverage may be canceled on any location if notice is given in writing in accordance with the cancellation provision in the Common Policy Conditions, or state amendatory endorsements. 5. Mortgage Holders Clause a. The term mortgage holder includes trustees. b. We will pay for covered loss or damage to Covered Property to each mortgage holder shown on a Certificate of Insurance issued by the current Agent of Record. c. The mortgage holder has the right to receive payment for loss or damage even if the mortgage holder has started foreclosure or similar action on the Covered Property. d. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part, the mortgage holder will still have the right to receive payment for loss or damage to Covered Property if the mortgage holder: (1) Pays any premium due under this Coverage Part at our request if you have failed to do so; (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the mortgage holder. All of the terms of this Coverage Part will then apply directly to the mortgage holder. e. If we pay the mortgage holder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part: (1) The mortgage holder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2) The mortgage holder's rights to recover the full amount of the mortgage holder's claim will not be impaired. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40471 (04-09) Page 9 of 12 At our option, we may pay to the mortgage holder the whole principal on the mortgage plus any accrued interest. In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. f. If we cancel this policy, we will give written notice to the mortgage holder at least: (1) 10 days before the effective date of cancellation if we cancel for non-payment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. g. We will not notify the mortgage holder if: (1) You cancel this policy, or (2) Coverage ends for any reason other than if we cancel the policy. 6. Waiver Of Coinsurance If there is loss or damage to Covered Property and the cost to repair or replace such property is less than or equal to $25,000, we will adjust the loss or damage without regard to the Coinsurance Additional Condition. 7. Coinsurance If the reported value is less than the "total estimated completed value", you will bear a portion of any loss or damage. The amount we will pay is determined by the following steps: a. Divide the reported value by the "total estimated completed value" of the Covered Property; b. Multiply the total amount of the covered loss or damage before the application of any deductible by the percentage determined in paragraph a.; c. Subtract the deductible from the figure determined in paragraph b. Example No. 1 (This example assumes there is no penalty for underinsurance.) Deductible Reported Value $1,000 $100,000 'Total Completed Estimated Value" $100,000 Amount of loss or damage $60,000 a. Reported value divided by "total estimated completed value" $100,000/$100,000 = 1.00 b. Amount of loss or damage multiplied by percentage in paragraph a. $60,000 X 1.00 = $60,000 c. Deductible amount subtracted from result of paragraph b. $60,000-$1,000 = $59,000 Example No. 2 (This example assumes there!§ a penalty for underinsurance) Deductible $1 ,000 Reported Value $100,000 "Total estimated completed value" $120,000 Amount of loss or damage $60,000 a. Reported value divided by "total estimated completed value" $100,000/$120,000 = .833 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40471 (04-09) Page 10 of 12 b. Amount of loss or damage multiplied by percentage in paragraph a. $60,000 X .833 = $49,980 c. Deductible amount Subtracted from result of paragraph b. $49,980-$1,000 = $48,980 8. Liberalization Clause If we adopt any revision which would broaden the coverage under this Coverage Form without additional premium within 60 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. 9. Interest Of Subcontractors, Sub-Subcontractors, Suppliers We cover the interest which your subcontractors, your sub-subcontractors and your suppliers have in the Covered Property, but only while such property is situated at a construction site you have reported to us. This condition does not impair any right of subrogation we would otherwise have. 10. Unintentional Failure To Disclose Hazards Your failure to disclose all hazards existing as of the inception date of the policy shall not affect the coverage afforded by this policy, provided such failure to disclose all hazards is not intentional and the hazard is reported to us as soon as practicable after you learn about it. F. DEFINITIONS 1. "Commercial structure" means any structure other than a one to four family dwelling. 2. "Electrical testing" means the testing of systems that are operated by electricity, excluding service equipment and service conductors, electrical systems greater than 600 volts nominal and electrical systems that are greater than single phase. 3. "Existing inventory'' means buildings or structures in the course of construction that are more than 30% complete prior to the inception date of this policy. 4. "Hydrostatic testing" means testing through the use of water or other fluids, which are processed through the machinery or system being tested. 5. "Mechanical testing" means testing of moving parts of equipment and components, which are part of the buildings or structures insured, by operation of such equipment or components. 6. "Model home leaseback" means a dwelling purchased from the Insured and is then leased back to the Insured, by the purchaser, to be used by the Insured as a model home until the purchaser occupies the dwelling as a residence. 7. "Overhead" means those business expenses, other than materials and labor, incurred either directly or indirectly due to the construction of a dwelling or structure. 8. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 9. "Pneumatic testing" means testing through the use of compressed air or other gas to fill test cavities which is processed through the machinery or system being tested. 10. "Profit" means the difference between the selling price of the land and completed structure and your cost of the land and the completed structure. If you do not have a signed contract for the sale of the completed structure and land, the allowance for "profit" will not exceed 20%. 11. "Total estimated completed value" means all costs associated with the building and designing of the Covered Property including labor, "overhead" and materials and if included, "profit". 12. "Valuable papers and records" means inscribed, printed or written documents, manuscripts or records, including abstracts, books, deeds, drawings, films, maps or mortgages. However, "valuable papers and records" does not -..,...., mean: a. Money or securities; Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40471 (04-09) Page 11 of 12 b. Converted data; c. Programs or instructions used in your data processing operation, including the materials on which the data is recorded. 13. "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of any part of a system or appliance (other than a sump system including its related equipment and parts) containing water or steam. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40471 (04-09) Page 12 of 12 .,-. ~ Non-Reporting Endorsement II,' ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: BUILDERS RISK COVERAGE FORM Section E. ADDITIONAL CONDITIONS is amended as follows: 1. Paragraph e. of Additional Condition 3. When Coverage Begins And Ends is replaced by the following: e. Upon expiration of the policy. 2. Additional Condition 4. Reporting Provisions is replaced by the following: 4. Reporting Provisions a. The premium charged is fully earned and no refund is due to you when coverage ends. b. You will keep accurate construction records regarding property we cover under this policy. This includes the "total estimated completed value" of the property and a record of all contracts of sale dealing with the property. Additional Condition 7. Coinsurance is replaced by the following: 7. Coinsurance If the limit of insurance is less than the "total estimated completed value" of the property insured, you will bear a portion of any loss. The amount we will pay is determined by the following steps: a. Divide the limit of insurance by the "total estimated completed value" of the Covered Property; b. Multiply the total amount of the covered loss, before the application of any deductible, by the percentage determined in paragraph a.; c. Subtract the deductible from the figure determined in paragraph b. Example No 1. (This example assumes there is no penalty for underinsurance.) Deductible $1,000 Reported value "Total Completed Estimated Value" Amount of loss or damage $100,000 $100,000 $60,000 a. Limit of Insurance/Total Estimated Completed Value $100,000/$100,000 = 1.00 b. Amount of loss x percentage in A $60,000 X 1.00 = $60,000 c. Deductible amount subtracted from results in B Includes copyrighted material of Insurance Services Office, Inc., with its permission. HBIS-1 (04-09) Page 1 of 2 $60,000-$1 ,000 = $59,000 Total amount of loss payable= $59,000 Example No. 2 (This example assumes there!§ a penalty for underinsurance.) Deductible Limit of Insurance "Total Completed Estimated Value" Amount of loss $1,000 $100,000 $120,000 $60,000 a. Limit of lnsurance!Total Estimated Completed Value $100,000/$120,000 = .833 b. Amount of loss x percentage in A $60,000 X .833 = $49,980 c. Deductible amount subtracted from results in B $49,980-$1,000 = $48,980 Total amount of loss payable= $48,980 All other terms, conditions, provisions and exclusions of the policy remain the same. Includes copyrighted material of Insurance Services Office, Inc., with its permission. HBIS-1 (04-09) Page 2 of 2 ' ._.. Soft Costs Coverage ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Builders Risk Coverage Form The following is added to Section A. COVERAGE, Paragraph 4. Additional Coverages Soft Costs (1) We will pay for "soft costs" which would not have been otherwise incurred except for a delay in the anticipated completion date of the project at the location you have reported to us. This delay must be caused by or result from a Covered Cause of Loss to Covered Property. (2) The time period for which we will pay for "soft costs": (a) Begins after the delay in completion of the project exceeds the Deductible Period shown in the Supplemental Declarations; and (b) Ends on the date when the property at the location you have reported to us should be repaired, rebuilt or replaced with reasonable speed and like kind and quality. , . We will not pay for "soft costs" incurred during or prior to the Deductible Period. (3) The most we will pay in any one occurrence under this Additional Coverage is the amount shown in the Supplemental Declarations for Soft Costs. (4) With respect to "soft cost", coverage provided by this Additional Coverage, Section D. DEDUCTIBLE is replaced by the following: Payment for "soft costs" will be limited to cost that occurs after the delay in the Anticipated Project Completion Date that exceeds the Deductible Period shown in the Supplemental Declarations. We will then pay only the "soft costs" you sustain, regardless of the expiration date of this policy, during that period of time that is reasonably needed to: (a) Repair; (b) Rebuild; or (c) Replace lost or damaged Covered Property. (5) The following Additional Coverage Extensions apply to this Additional Coverage: (a) Expense To Mitigate Loss We will also pay any necessary expenses you incur that actually mitigate your "soft costs" (except expenses for which there is coverage elsewhere in this Coverage Form). We will pay for such expenses to the extent that they do not exceed the "soft costs" that otherwise would have been payable under this Coverage Form. (b) Civil Authority We will also pay for "soft costs" when the delay in the completion date of the project is caused by the action of a fill""""' civil authority that prohibits access to the Covered Property due to direct physical loss or damage to property ...... away from the location you have reported to us, but only if such loss or damage is caused by or resulting from a Covered Cause of Loss. This coverage is extended for a period of three (3) consecutive weeks from the date of that action. However, this does not increase the "soft costs" Limit of Insurance. (6) The following Additional Exclusions apply to this Additional Coverage: Includes copyrighted material of Insurance Services Office, Inc. with its permission. HBIS-88 (04-09) Page 1 of 2 We will not pay for loss or damage caused directly or indirectly by or resulting from any of the following: ,-(a) Interference by strikers or other persons affecting the rebuilding, repairing or replacing the Covered Property; ~ (b) Suspension, lapse or cancellation of any lease, license, contract or order; (c) The unavailability of funds for repair or reconstruction; (d) The unavailability of subcontractors; (e) Improvements necessary to correct deficiencies in the original construction; or (f) Additional time required to repair or replace the Covered Property as a result of adverse weather conditions. (7) The following Additional Conditions apply to this Additional Coverage: (a) Resumption Of Operation We will reduce the amount of your "soft costs" payments to the extent you can, in the event of a loss or damage, resume your operations in whole or in part by: (i) Making complete or partial use of the Covered Property; (ii) Making use of other equipment supplies, machinery; and (iii) Doing all that is reasonably possible to minimize the loss. (b) Due Diligence We will only pay for "soft cost" expenses for the period of time that would be required with reasonable speed and similar quality to rebuild or restore the damaged Covered Property. The amount of "soft cost" expenses will be determined based on relevant sources of information including: (i) Your financial records and accounting procedures; (ii) Bills, invoices and other vouchers; and (iii) Deeds, liens or contracts. It is a condition of coverage that you have operated with reasonable speed to rebuild or restore the Covered Property. (8) The following Additional Definition applies to this Additional Coverage: "Soft costs" means only those expenses over and above the expenses you would have incurred relating to the project at the location reported to us if there had been no loss. We will pay only for the following types of expenses: (a) Advertising and promotional expense; (b) Interest on construction loans; (c) Architects, engineers and consultants fees; (d) Real estate and property tax assessments; (e) Commissions or fees for the renegotiations of leases; (f) Insurance premiums; (g) Legal and accounting fees; and (h) Fees for licenses and permits. (9) The Coinsurance Condition does not apply to this Additional Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. ,.... ~ Includes copyrighted material of Insurance Services Office, Inc. with its permission. HBIS-88 (04-09) Page 2 of 2 Ct.anges In Cancellation Condition ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: BUILDERS RISK COVERAGE FORM Paragraph 5. in the Cancellation Common Policy Condition is replaced by the following: 5. The premium for this coverage is fully earned and no refund is due when the policy is cancelled. All other terms, conditions, provisions and exclusions of the policy remain the same. c c Includes copyrighted material of Insurance Services Office, Inc. with its permission. HBIS-83 (04-09) Page 1 of 1 ~anges In Valuation Condition <!',: ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: BUILDERS RISK COVERAGE FORM The Valuation General Condition in Commercial Inland Marine Conditions is replaced by the following: Valuation In the event of loss or damage, the value of the property will be determined as of the time of the loss or damage. 1. The value of the property will not be more than the amount necessary to replace the structure or repair the structure, whichever is less, to the same point of completion that had been achieved immediately before the loss or damage. 2. If the loss or damage involves building materials which have not been installed, the value of the property will not be more than the amount necessary to replace the materials with like kind and quality. All other terms, conditions, provisions and exclusions of the policy remain the same. c c HBIS-84 (04-09) Page 1 of 1 c @ ZURICH THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE OF PREMIUM (RELATING TO DISPOSITION OF TRIA) SCHEDULE* (1) Premium attributable to risk of loss from certified acts of terrorism through the end of the policy period based on the extension of the Terrorism Risk Insurance Act of 2002, as amended by the Terrorism Risk Insurance Extension Act of 2005, ("TRIA") for lines subject to TRIA and the Terrorism Risk Insurance Program Reauthorization Act of2007 (TRIPRA): INCLUDED If TRIA terminates, the portion of this premium attributable to the remaining part of the policy period, as modified by any change shown in (2) of this Schedule, applies to the risk of loss from terrorism after the termination of TRIA. (2) Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement: No change unless one of the following is completed- Return Premium: Additional Premium: If we notify you of an additional premium charge, the additional premium will be due as specified in such notice. *Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure of Premium In accordance with the TRIA, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of your premium attributable is shown in the Schedule of this endorsement or in the Declarations. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. The Act currently provides for no insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. The federal program established by the Act is scheduled to terminate at the end of December 31, 2014 unless extended by the federal government. C. Possibility of Additional or Return Premium The premium attributable to the risk of loss from certified acts of terrorism coverage is calculated based on the coverage (if any) in effect at the beginning of your policy for certified acts of terrorism. If your policy contains a Conditional Endorsement, the termination of TRIA or extension of the federal program with certain modifications (as explained in that endorsement) may modify the extent of coverage (if any) your policy provides for terrorism. If TRIA terminates or the Conditional Endorsement becomes applicable to your policy, the return premium (if any) or additional premium (if any) shown in (2) of the Schedule will apply. If the level or terms of federal participation change, the premium shown in (1) of the Schedule attributable to that part of the policy period extending beyond such a change may not be appropriate and we will notify you of any changes in your premium. Includes copyrighted material of! SO Properties, Inc. with its permission. U-GU-692-C CW (06/13) Page I of I Copyright Zurich American Insurance Company 2013 c A. c ~--------~~--------------- @ ZURICH CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insureds Name Policy Number Effective Date Endorsement Number THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART Cap on Losses From Certified Terrorism Losses "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act ("TRIA"). The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism: I. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of Title 49, United States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or if losses resulting from the act, in the aggregate for insurance subject to TRIA, do not exceed $5,000,000. If aggregate insured losses attributable to one or more "certified acts of terrorism" exceed $100 billion in a Program Year ( J anuaty I through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions c The terms and limitations of a terrorism exclusion or any other exclusion, or the inapplicability or omission of a terrorism exclusion or any other exclusion, do not serve to create coverage which would otherwise be excluded, limited or restricted under this policy. Copyright © 2008 Zutich American Insurance Company Includes copytighted material oflnsurance Services Office, Inc., with its permission. U-GU-767-A CW (Ol/08) Page I of l IL 00 03 09 08 ._.,. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was com- puted based on rates in effect at the time the policy \....., was issued. On each renewal, continuation, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ©ISO Properties, Inc., 2007 Page 1 of 1 Wolters Kluwer Financial Services 1 Uniform Forms™ c COMMERCIAL INLAND MARINE CM 00 01 09 04 COMMERCIAL INLAND MARINE CONDITIONS The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial Inland Marine Coverage Forms: LOSS CONDITIONS A. Abandonment There can be no abandonment of any property to us. B. Appraisal If we and you disagree on the value of the prop- erty or the amount of loss, either may make writ- ten demand for an appraisal of the loss. In this event, each party will select a competent and im- partial appraiser. The two appraisers will select an umpire. If they cannot agree, either may re- quest that selection be made by a judge of a court having jurisdiction. The appraisers will state sepa- rately the value of the property and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. C. Duties In The Event Of Loss You must see that the following are done in the event of loss or damage to Covered Property: 1. Notify the police if a law may have been bro- ken. 2. Give us prompt notice of the loss or damage. Include a description of the property involved. 3. As soon as possible, give us a description of how, when and where the loss or damage oc- curred. 4. Take all reasonable steps to protect the Cov- ered Property from further damage, and keep a record of your expenses necessary to pro- tect the Covered Property, for consideration in the settlement of the claim. This will not in- crease the Limit of Insurance. However, we will not pay for any subsequent loss or dam- age resulting from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for examination. 5. You will not, except at your own cost, volun- tarily make a payment, assume any obliga- tion, or incur any expense without our con- sent. 6. As often as may be reasonably required, permit us to inspect the property proving the loss or damage and examine your books and records. Also permit us to take samples of damaged and undamaged property for inspection, test- ing and analysis, and permit us to make cop- ies from your books and records. 7. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably re- quired, about any matter relating to this insur- ance or the claim, including an insured's books and records. In the event of an exami- nation, an insured's answers must be signed. 8. Send us a signed, sworn proof of loss con- taining the information we request to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 9. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit. 10. Cooperate with us in the investigation or set- tlement of the claim. D. Insurance Under Two Or More Coverages If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. E. Loss Payment 1. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. 2. We will not pay you more than your financial interest in the Covered Property. 3. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners, such payments will satisfy your claim against us for the owners' prop- erty. We will not pay the owners more than their financial interest in the Covered Prop- erty. 4. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. 5. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss if you have complied with all the terms of this Coverage Part and: a. We have reached agreement with you on the amount of the loss; or b. An appraisal award has been made. CM 00 01 09 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 3 UNIFORM 6. We will not be liable for any part of a loss that has been paid or made good by others. F. Other Insurance '-1. You may have other insurance subject to the c same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits of In- surance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. G. Pair, Sets Or Parts 1. Pair Or Set In case of loss or damage to any part of a pair or set we may: a. Repair or replace any part to restore the pair or set to its value before the loss or damage; or b. Pay the difference between the value of the pair or set before and after the loss or damage. 2. Parts In case of loss or damage to any part of Cov- ered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. H. Recovered Property If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, the property will be re- turned to you. You must then return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to re- pair the recovered property, subject to the Limit of Insurance. I. Reinstatement Of Limit After Loss The Limit of Insurance will not be reduced by the payment of any claim, except for total loss or damage of a scheduled item, in which event we will refund the unearned premium on that item. J. Transfer Of Rights Of Recovery Against Oth- ers To Us If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property. 2. After a loss to your Covered Property only if, at time of loss, that party is one of the follow- ing: a. Someone insured by this insurance; or b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you. This will not restrict your insurance. GENERAL CONDITIONS A. Concealment, Misrepresentation Or Fraud This Coverage Part is void in any case of fraud, intentional concealment or misrepresentation of a material fact, by you or any other insured, at any time, concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. Control Of Property Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect cover- age at any location where, at the time of loss or damage, the breach of condition does not exist. C. Legal Action Against Us No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all the terms of this Coverage Part; and 2. The action is brought within 2 years after you first have knowledge of the direct loss or damage. D. No Benefit To Bailee No person or organization, other than you, having custody of Covered Property will benefit from this insurance. E. Policy Period, Coverage Territory We cover loss or damage commencing: 1. During the policy period shown in the Decla- rations; and 2. Within the coverage territory. F. Valuation The value of property will be the least of the fol- lowing amounts: 1. The actual cash value of that property; Page 2 of 3 Copyright, ISO Properties, Inc., 2003 CM 00 01 09 04 2. The cost of reasonably restoring that property to its condition immediately before loss or damage; or 3. The cost of replacing that property with sub- stantially identical property. In the event of loss or damage, the value of prop- erty will be determined as of the time of loss or damage. CM 00 01 09 04 Copyright, ISO Properties, Inc., 2003 Page 3 of 3 IL 01 04 09 07 C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART-FARM PROPERTY-OTHER FARM PROVISIONS FORM-ADDITIONAL COVERAGES, CONDITIONS, DEFINITIONS FARM COVERAGE PART-LIVESTOCK COVERAGE FORM FARM COVERAGE PART-MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM STANDARD PROPERTY POLICY A. When this endorsement is attached to the Stan- dard Property Policy CP 00 99 the term Coverage Part in this endorsement is replaced by the term Policy. B. The Concealment, Misrepresentation Or Fraud Condition is replaced by the following with respect to loss ("loss") or damage caused by fire: We do not provide coverage to the insured ("in- sured") who, whether before or after a loss ("loss"), has committed fraud or intentionally con- cealed or misrepresented any material fact or cir- cumstance concerning: 1. This Coverage Part; 2. The Covered Property; 3. That insured's ("insured's") interest in the Covered Property; or 4. A claim under this Coverage Part or Cover- age Form. C. The Concealment, Misrepresentation Or Fraud Condition is replaced by the following with respect to loss ("loss") or damage caused by a Covered Cause of Loss other than fire: This Coverage Part is void if any insured ("in- sured"), whether before or after a loss ("loss"), has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: 1. This Coverage Part; 2. The Covered Property; 3. An insured's ("insured's") interest in the Cov- ered Property; or 4. A claim under this Coverage Part or Cover- age Form. D. Except as provided in E., the Appraisal Condition C is replaced by the following: If we and you disagree on the value of the prop- erty or the amount of loss ("loss"), either may make written request for an appraisal of the loss ("loss"). If the request is accepted, each party will select a competent and impartial appraiser. Each party shall notify the other of the appraiser se- lected within 20 days of the request. The two ap- praisers will select an umpire. If they cannot agree within 15 days, either may request that se- lection be made by a judge of a court having ju- risdiction. The appraisers will state separately the value of the property and amount of loss ("loss"). If they fail to agree, they will submit their differ- ences to the umpire. A decision agreed to by any two will be binding. Each party will: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. E. The Appraisal Condition in: 1. Business Income (And Extra Expense) Cov- erage Form CP 00 30; and 2. Business Income (Without Extra Expense) Coverage Form CP 00 32; is replaced by the following: If we and you disagree on the amount of Net In- come and operating expense or the amount of loss, either may make written request for an ap- praisal of the loss. If the request is accepted, each party will select a competent and impartial appraiser. Each party shall notify the other of the appraiser selected within 20 days of the request. The two appraisers will select an umpire. If they cannot agree within 15 days, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of Net Income and operating expense or amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: IL 01 04 09 07 Copyright, ISO Properties, Inc., 2006 Page 1 of 2 Wolters Kluwer Financial Services 1 Uniform Forms TM a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. Page 2 of 2 Copyright, ISO Properties, Inc., 2006 IL 0104 09 07 IL 01 02 05 05 C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES-ACTUAL CASH VALUE This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY With respect to an "open policy", the following are added to any provision which uses the term actual cash value: A. In the event of a total loss to a building or struc- ture, actual cash value is calculated as the lesser of the following: 1. The Limit of Insurance applicable to that building or structure; or 2. The fair market value of the building or struc- ture. B. In the event of a partial loss to a building or structure, actual cash value is calculated as the lesser of the following: 1. The amount it would cost to repair, rebuild or replace the property less a fair and reason- able deduction for physical depreciation of the components of the building or structure that are normally subject to repair or replacement during its useful life. Physical depreciation is based upon the condition of the property at the time of the loss; or 2. The Limit of Insurance applicable to the prop- erty. C. In the event of a partial or total loss to Covered Property other than a building or structure, actual cash value is calculated as the lesser of the fol- lowing: 1. The amount it would cost to repair or replace the property less a fair and reasonable de- duction for physical depreciation, based on the condition of the property at the time of loss; or 2. The Limit of Insurance applicable to the prop- erty. D. An "open policy" is a policy under which the value of Covered Property is not fixed at policy incep- tion, but is determined at the time of loss in ac- cordance with policy provisions on valuation. The term "open policy" does not apply to Covered Property that is subject to an Agreed Value clause or similar clause that establishes an agreed value prior to loss, unless such clause has expired. IL 01 02 05 05 Copyright, ISO Properties, Inc., 2005 Page 1 of 1 UNIFORM COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation D. Inspections And Surveys 1. The first Named Insured shown in the Declara-1. We have the right to: tions may cancel this policy by mailing or deliv-a. Make inspections and surveys at anytime; ering to us advance written notice of cancella- tion. b. Give you reports on the conditions we find; 2. We may cancel this policy by mailing or deliv-and ering to the first Named Insured written notice c. Recommend changes. of cancellation at least: 2. We are not obligated to make any inspections, a. 1 0 days before the effective date of cancel-surveys, reports or recommendations and any lation if we cancel for nonpayment of pre-such actions we do undertake relate only to mium; or insurability and the premiums to be charged. b. 30 days before the effective date of cancel-We do not make safety inspections. We do not undertake to perform the duty of any person or lation if we cancel for any other reason. organization to provide for the health or safety 3. We will mail or deliver our notice to the first of workers or the public. And we do not warrant Named Insured's last mailing address known that conditions: to us. 4. Notice of cancellation will state the effective a. Are safe or healthful; or date of cancellation. The policy period will end b. Comply with laws, regulations, codes or on that date. standards. 5. If this policy is cancelled, we will send the first 3. Paragraphs 1. and 2. oft his condition apply not Named Insured any premium refund due. If we only to us, but also to any rating, advisory, rate cancel, the refund will be pro rata. If the first service or similar organization which makes in-Named Insured cancels, the refund may be less surance inspections, surveys, reports or rec-than pro rata. The cancellation will be effective ommendations. even if we have not made or offered a refund. If notice is mailed, proof of mailing will be suffi-4. Paragraph 2. of this condition does not apply to 6. any inspections, surveys, reports or recommen-cient proof of notice. dations we may make relative to certification, B. Changes under state or municipal statutes, ordinances This policy contains all the agreements between or regulations, of boilers, pressure vessels or elevators. you and us concerning the insurance afforded. The E. Premiums first Named Insured shown in the Declarations is authorized to make changes in the terms of this The first Named Insured shown in the Declarations: policy with our consent. This policy's terms can be 1. Is responsible for the payment of all premiums; amended or waived only by endorsement issued by us and made a part of this policy. and C. Examination Of Your Books And Records 2. Will be the payee for any return premiums we We may examine and audit your books and pay. records as they relate to this policy at any time dur- ing the policy period and up to three years afterward. ~·· Page 1 of 2 IL 00 1711 98 Copyright, Insurance Services Office, Inc., 1998 F. Transfer Of Your Rights And Duties Under This r-Policy ~ Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal represen- tative. Until your legal representative is appointed, anyone having proper temporary ~ustody of yo_ur property will have your rights and dut1es but only w1th respect to that property. Page 2 of2 IL 00 1711 98 Copyright, Insurance Services Office, Inc., 1998 IL 02 70 0912 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES-CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 1 0 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 0912 ©Insurance Services Office, Inc., 2012 Page 1 of 4 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your ~epresentative, which materially mcrease any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, ~hich results in a materially added, Increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following prov1s1on is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part -Farm Property-Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) ~ancelled or did not renew a policy 1ssued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part - Causes Of Loss-Special Form; or (2) Farm Coverage Part -Causes Of Loss Form -Farm Property, Paragraph D. Covered Causes Of Loss -Special. Page 2 of 4 ©Insurance Services Office, Inc., 2012 IL 02 70 09 12 C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part -Farm Property-Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 1 0089. 16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part - Causes Of Loss-Special Form; or (2) Farm Coverage Part-Causes Of Loss Form -Farm Property, Paragraph D. Covered Causes Of Loss -Special. 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. IL 02 70 09 12 ©Insurance Services Office, Inc., 2012 Page 3 of 4 b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. Page 4 of4 ©Insurance Services Office, Inc., 2012 IL 02 70 09 12 ·.._,.., ® Important Notice -In Witness Clause ZURICH In return for the payment of premium, and subject to the terms of this policy, coverage is provided as stated in this policy. IN WITNESS WHEREOF, this Company has executed and attested these presents and, where required by law, has caused this policy to be countersigned by its duly Authorized Representative(s). President 2J~_-;)K~. Corporate SecretaryU QUESTIONS ABOUT YOUR INSURANCE? Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint, call or write to the following (please have your policy or claim number ready): Zurich in North America Customer Inquiry Center 1400 American Lane Schaumburg, Illinois 60196-1056 1-800-382-2150 (Business Hours: 8am-4pm [CT]) Email: info.source@zurichna.com U-GU-319-F (01/09) Page I of I PRAVA-1 OPID: LC ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYVY) ~ 07/31/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ~W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED tESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. lfiln!'r)RTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement{s). PRODUCER ~~CT Robert A. Cohen Benchmark Commercial Ins Srvc W8_HJ.,_ &ril: 760-632-4840 I r~ Nol: 760-632-4841 Rob Cohen 2530 Gatew~ Road ~=~S: Carlsbad, CA 92009 INSURERIS) AFFORDING COVERAGE Robert A. Cohen NAIC# INSURER A: Mt Hawley Insurance Co. 37974 INSURED PRA VA Construction Services, I INSURER a: Sentinel Insurance Company 11000 2038 Corte Del Nogal INSURER c: National Union Fire Ins. Co. Carlsbad, CA 92011 INSURERD:State Compensation Ins. Fund INSURER E: Houston Casualty INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT 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 N<JY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~-r: TYPE Of INSURANCE -INSR lwvo POUcY NUMBER lr:g~, 1r&~6'6M~1 LIMITS GENERAL UABII.ITY EACH OCCURRENCE $ 1,000,00(1 - A X COMMERCIAL GENERAL LIABILITY X MGL0180885 07/05/2014 07/05/2015 ~RE;'EJ?E~~,!!..,.AI $ 50,00(1 I CLAIMS-MADE [!] OCCUR MED EXP (Any one person) $ 5,00(1 __!. No Deductible PERSONAL & NJV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00(1 r--2,000,00C t::JLAGGR~l~TAP~SPER PRODUCTS -COMP/OP AGG $ ~". POLICY X ~f8r LOC $ -\ "OMOBILE LIABILITY I 8,:~~NJ£:1piNGLE LIMIT $ 1,000,00~ 8 t1r NNAUTO 57UECVF9236 07/05/2014 07/05/2015 BODILY INJURY (Per person) $ r--All OWNED ,--SCHEDULED BODILY INJURY (Per accident} $ AUTOS AUTOS r--r-NON-OWNED fp~'lfk'Wo~~GE HIRED AUTOS AUTOS $ ----'--- $ __!. UMBRELlA UAB ~OCCUR EACH OCCURRENCE $ 9,000,000 c EXCESS UAB CLAIMs-MADE BE020703524 07/05/2014 07/05/2015 AGGREGATE $ 9,000,000 X DEDI I RETENTION$ 0 $ WORKERS COMPENSATION xlT~.n~Wsl I OJ~- 0 AND EMPLOYERS' UABILITY y 1 N X 1964161-13 11/08/2013 11/08/2014 1,000,00( ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L EACH ACCIDENT $ OFACERIMEMBER EXCLUDED? NIA 1,000,00( (Mandatoty In NH) E.L DISEASE -EA EMPLOYEE $ ~~m deset1be under D SCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ 1,000,00C E Errors & Omissions HCC1463454 07/14/2014 0.7/14/2015 limit 2,000,00C Ded. 10,00(1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddUional Remarlcll Schedule, It more space Is reqUired) *30 days notice of cancellation will be given, except in the event of non- payment of premium, 10 days DNOC will be sent. The City of Carlsbad, its officials, employees and vo1unteers are named as additional insured as their interest may appear as required by written contract. Project #4207 -La Pa1mas Renovations CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE r THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN "-" City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 ~t!J(.C.,~ I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MGL0180885 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locatlon{s) Of Covered Operations All persons or organizations where required by written contract· Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. 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'', "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(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: This insurance ·does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organ lzatlon other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 ©Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: MGL0180885 COMMERCIAL GENERAL LIABILITY CG 20 370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzatlon(s) Location And Description Of Completed Operations All persons or organizations whe~e required by written contract· Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for. "bodily injury" or "property damage" caused, in whole or in part, by ''your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products~completed operations hazard". However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of1 POLICY NUMBER: MGL0180885 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG 20 010413 ©Insurance Services Office, Inc., 2012 Page 1 of1 HOME OFFICE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS 1964161-13 RENEWAL SAN FRANCISCO EFFECTIVE NOVEMBER 8, 2013 AT 12.01 A.M. so 7-65-53-08 PAGE 1 OF ALLEFFECTIVEDATESARIAND EXPIRING NOVEMBER 8, 2014 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME PRAVA CONSTRUCTION SERVICES, INC 2038 CORTE DEL NOGAL STE 100 CARLSBAD, CA 92011 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN .THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO; NOVEMBER 5, 2V:f . ;? t~f~ 1 ~!!.1ft PRESIDENT AND CEO 2572 SCIF FORM 10217 (REV.1·2012) OLD DP 217 PRAVA-1 OPID· LC ACORD~ CERTIFICATE OF LIABILITY INSURANCE J DATE IMM/00/VYYY) ~ 0810612014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES !:"j~· THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED ESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. lllli'I'"ORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les} must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~~:I~T Robert A. Cohen Benchmark Commercial Ins Srvc wg!:fo. Extl: 760-632-4840 )(,}. 7 .,-3 I~. No!: 760-632-4841 Rob Cohen 2530 Gateway Road E-MAIL ADDRESS: Carlsbad, CA 92009 INSURER!Sl AFFORDING COVERAGE Robert A. Cohen NAICt# INSURERA:Axis Surplus Insurance Co. INSURED PRA VA Construction Services INSURERS: 2038 Corte Del Nogal #100 Carlsbad, CA 92011 INSURERC: INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· . REVISION NUMBER· THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IINSR lwvn ll:lt'5%}:..Wn 11~~~6~, LIMITS LTR POUCY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00Q -A COMMERCIAL GENERAL LIABILITY X CPL62531261 08/21/2014 02/21/2015 ~=H~E~=~ncel $ X J CLAIMs-MADE D OCCUR MED EXP (Any one person) $ ~ POLLUTION LIAB. PERSONAL & ADV INJURY $ X $10,000 OED. GENERAL AGGREGATE $ 1,000,00( 1--GEN'l AGGREGATE LIMIT APPLIES PER PRODUCTS • COMP/OP AGG $ _ til POLICY n ~~R,: ~~ LOC $ "'" ..... 'OMOBILE LIABILITY &~~tfiNGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ r---ALL OWNED ~SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ r----NON-OWNED ~'::W'~~~GE HIRED AUTOS AUTOS $ r-- $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAS CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION lr~f[~J#sl jOJ~· AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.l. EACH ACCIDENT $ OFACERIMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE • EA EMPLOYEE $ If ;•· desc:ribe under 0 CRIPTION OF OPERATIONS below E.L DISEASE· POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aitaeh ACORD 1111, Additional Remarks Schedule, If more space Is required) The City of Car1sbad, its officia1s, employees and volunteers are named as additional insured as their interest may appear as required by written contract. Project #4207 -La Palmas Renovations CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE c THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 O(~;;<.C..,~ I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ,¥~'''"'• -.....,"" «~': CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 CAL!fOHNJA GENERAL CONDITIONS TABLE OF CONTENTS Page RECITALS ................................................................................................................................................................................ 4 ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions ......................................................................................................................................................... 4 1.2 Ownership and Use of Contract Documents ............................................................................................................... 8 1.3 Interpretation .............................................................................................................................................................. 8 ARTICLE 2 CITY 2.1 Fee and Permit Requirements .................................................................................................................................... 9 2.2 Access to Project Site ................................................................................................................................................. 9 2.3 City's Right to Stop the Work .................................................................................................................................... 10 2.4 City's Right to Carry Out the Work ............................................................................................................................ 10 2.5 City's Right to Replace City's Representative ........................................................................................................... 10 ARTICLE 3 DESIGN BUILDER 3.1 Review of Contract Documents and Field Conditions by Design Build Entity; Single Point Responsibility of Design Builder ...................................................................................................................................................................... 10 3.2 Supervision and Construction Procedures ................................................................................................................ 11 3.3 Labor and Materials .................................................................................................................................................. 11 3.4 Design Builder's Warranty ........................................................................................................................................ 12 3.5 Taxes ........................................................................................................................................................................ 12 3.6 Permits, Fees, and Notices ....................................................................................................................................... 12 3.7 Applicable Code Requirements ................................................................................................................................ 12 3.8 Superintendent ......................................................................................................................................................... 13 3.9 Toxic Materials .......................................................................................................................................................... 13 3.10 Hazardous Materials ................................................................................................................................................. 13 3.11 Construction Documents .......................................................................................................................................... 14 3.12 Monthly Reports ........................................................................................................................................................ 15 3.13 Other Reports ........................................................................................................................................................... 15 3.14 Notice of Labor Dispute ............................................................................................................................................ 16 3.15 Guarantee ................................................................................................................................................................. 16 3.16 Schedules Required of Design Build Entity .............................................................................................................. 16 3.17 As-Built Documents .................................................................................................................................................. 18 3.18 Documents and Samples at Project Site .................................................................................................................. 18 3.19 Shop Drawings, Product Data, and Samples ............................................................................................................ 18 3.20 Use of Site and Clean Up ......................................................................................................................................... 19 2.21 Project Site Maintenance .......................................................................................................................................... 19 3.22 Cutting, Fitting, and Patching .................................................................................................................................... 20 3.23 Access to Work ......................................................................................................................................................... 21 3.24 Royalties and Patents ............................................................................................................................................... 21 3.25 Differing Site Conditions ........................................................................................................................................... 21 3.26 Concealed, Unforeseen, or Unknown Conditions or Events ..................................................................................... 22 3.27 Information Available to Proposers ........................................................................................................................... 22 3.28 Liability for and Repair of Damaged Work ................................................................................................................ 22 6-3-14 Page 1 of 57 General Conditions CAL!IORNIA Las Palmas Renovations Project No. 4207 3.29 Indemnification .......................................................................................................................................................... 23 3.30 Street Closures and Barricades ................................................................................................................................ 24 3.31 Allowances/Contractor Controlled COntingency ....................................................................................................... 25 ARTICLE4 ADMINISTRATION OF THE CONTRACT 4.1 Administration of the Contract by City's Representative ........................................................................................... 25 4.2 Design Builder Change Order Requests ................................................................................................................... 26 4.3 Claims ....................................................................................................................................................................... 28 4.4 Assertion of Claims ................................................................................................................................................... 29 4.5 Decision of City's Representative on Claims ............................................................................................................ 30 4.6 Mediation (Not Used) ................................................................................................................................................ 30 4. 7 Arbitration ................................................................................................................................................................. 30 4.8 Waiver ...................................................................................................................................................................... 30 ARTICLE 5 SUBCONTRACTORS 5.1 Award of Subcontracts and Other Contracts for Portions of the Work ...................................................................... 31 5.2 Subcontractual Relations .......................................................................................................................................... 31 5.3 Contingent Assignment of Subcontracts ................................................................................................................... 32 ARTICLES CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS 6.1 City's Right to Perform Construction and to Award Separate Contracts ................................................................... 32 6.2 Mutual Responsibility ................................................................................................................................................ 32 6.3 City's Right to Clean Up ............................................................................................................................................ 33 ARTICLE 7 CHANGES IN THE WORK 7.1 Changes ................................................................................................................................................................... 33 7.2 Changes Definitions .................................................................................................................................................. 33 7.3 Change Order Procedures ........................................................................................................................................ 33 7.4 Field Orders .............................................................................................................................................................. 37 7.5 Variation in Quantity of Unit Price Work .................................................................................................................... 37 7.6 Waiver ...................................................................................................................................................................... 37 ARTICLES CONTRACT TIME 8.1 Commencement of the Work .................................................................................................................................... 38 8.2 Progress and Completion ......................................................................................................................................... 38 8.3 Delay ........................................................................................................................................................................ 38 8.4 Adjustment of the Contract Time for Delay ............................................................................................................... 39 8.5 Compensation for Delay ........................................................................................................................................... 40 8.6 Waiver ...................................................................................................................................................................... 40 ARTICLE 9 PAYMENTS AND COMPLETION 9.1 Cost Breakdown ....................................................................................................................................................... 40 9.2 Progress Payment .................................................................................................................................................... 41 9.3 Application For Payment. .......................................................................................................................................... 41 9.4 Certificate For Payment ............................................................................................................................................ 42 9.5 Deposit of Securities in Lieu of Retention and Deposit of Retention into Escrow ..................................................... 43 9.6 Beneficial Occupancy ............................................................................................................................................... 43 9.7 Substantial Completion ............................................................................................................................................. 44 9.8 Final Completion, Final Payment and Release of Retention ..................................................................................... 45 2-15-12 Page 2 of 57 General Conditions <(~~~ CITY OF ,~CARLSBAD ~, CALII·ORNIA ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY Las Palmas Renovations Project No. 4207 10.1 Safety Precautions and Programs······································································'"····'"··································'"·········· 46 10.2 Safety of Persons and Property ................................................................................................................................ 46 10.3 Emergencies, ......... , .................................................................... ,,,., ................... ,, ........................... , ..... ,, ................. 46 ARTICLE 11 INSURANCE AND BONDS 11.1 Design Builder's Insurance····'"····················'"·································································'"··········'"······'"'"·················· 46 11.2 Builder's Risk Property Insurance .......................... '"'"······'"·····················'"·····································'"························· 49 11.3 Performance Bond and Payment Bond·····'"···············································'"··'"'"···'"'""""'"'"··································'"···· 50 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering ofWork ................ '"·····················································'"·····················'"·················································· 50 12.2 Correction of Defective Work and Guarantee to Repair Period···············································"-··········'"···············'"·· 50 ARTICLE 13 TERMINATION OR SUSPENSION OF THE CONTRACT 13.1 Termination by Design Builder ................... '"·······························'"···················'"'"····················································· 51 13.2 Termination by the City for Cause"'·····································"'···························································"'·················· .... 52 13.3 Suspension by the City for Convenience .......................................................................................................... '" ...... 53 13.4 Termination by the City for Convenience .............. "'·············································"'····'"············································· 53 ARTICLE 14 STATUTORY AND OTHER REQUIREMENTS 14.1 14.2 14.3 14.4 14.5 Nondiscrimination ..................................................................................................................................................... 54 Prevailing Wage Rates (Not Used) .............................................. , ....................................................................... ,, ... 56 Payroll Records (Not Used) ... , ........................................................ ,, .......................................... , ..... , ...................... , 56 Apprentices (Not Used) ...... , .............. , ........ , ................... , ........................... , .............. ,, ....... , ............................... ,,, ... 56 Construction Work Day ............................................................................................................. ,, .............................. 56 ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 Governing Law ................................................................ , .................................................... , .................................... 56 15.2 Successors and Assigns ................................................................ "'············································'"··························· 57 15.3 Rights and Remedies ............................................................................................................................................... 57 15.4 Survival ..................... , ............................................................................................................................................... 57 15.5 Complete Agreement. ................................................................ , ....................................................... , ... , .................. 57 15,6 Severability of Provisions ......................................................... '" ........ , ...................................................................... 57 15.7 City's Right to Audit······················································································'"·····························'"·······················'"'" 57 15.8 Notices .................................................... , ................................................................................................................. 57 15.9 Time of the Essence ................................................................................................................................................. 58 15.10 Mutual Duty to Mitigate .......................................................................................................................................... '". 58 15.11 Design Builder's Awareness and Compliance with ADA Act of 1990 and Related Standards ...... "'.·'"·'"· ................ 58 2-15-12 Page 3 of 57 General Conditions «~f CITY OF ~CARLSBAD CAL1f0~N!A RECITALS Las Palmas Renovations Project No. 4207 The documents included in the Request for Proposals and the Design Build Entity's Proposal, incorporated herein, and designated as part of the Contract Documents are provided by the City to establish the scope, level of quality and design intent, and the reporting procedures for the development and construction of the entire Project. The Design Build Entity shall comply with the Contract Sum, the Contract Time, the Preliminary Schedule or approved Contract Schedule as applicable. By incorporating the Design Build Entity's Proposal as a part of this Contract, the City does NOT accept any provision of the Design Build Entity's Proposal that is not in conformance with the criteria of the Request for Proposals. In consideration of the mutual agreements, covenants and conditions set forth below, and the Recitals set forth above, the adequacy of which is hereby acknowledged, Design Build Entity and the City agree as follows: ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.0 AGREEMENT The Agreement is supported by the General Conditions and is part of the Contract Documents. 1.1.1 APPLICABLE CODE REQUIREMENTS The term "Applicable Code Requirements" means all laws, statutes, the most recent building codes (as they were applied to secure a Building Permit from the City of Carlsbad), ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over the City, Design Build Entity, any Subcontractor, the Project, the Project site, the Work, or the prosecution of the Work. 1.1.2 APPLICATION FOR PAYMENT The term "Application for Payment" means the submittal from Design Build Entity wherein payment for certain portions of the completed Work is requested in accordance with Article 9 of the General Conditions. 1.1.3 ARCHITECT OF RECORD The term "Architect of Record" means the Design Professional identified in the Supplementary Conditions that is licensed in the State of California and employed or commissioned by the Design Build Entity to prepare design documents and construction documents. 1.1.4 BENEFICIAL OCCUPANCY The term "Beneficial Occupancy" means the City's occupancy or use of any part of the Work in accordance with Article 9 of the General Conditions. 1.1.5 CEQA The term "CEQA" means the California Environmental Quality Act, Public Resources Code Section 21000 et seq. 1.1.6 CERTIFICATE FOR PAYMENT The term "Certificate for Payment" means the form signed by City's Representative attesting to the Design Build Entity's right to receive payment for certain completed portions of the Work in accordance with Article 9 of the General Conditions. 1.1.7 CERTIFICATE OF SUBSTANTIAL COMPLETION See Article 9.7 of the General Conditions. 1.1.8 CHANGE ORDER See Article 7.2 of the General Conditions. 1.1.9 CHANGE ORDER REQUEST The term "Change Order Request" means a proposal for a Change Order submitted by the Design Build Entity to the City, either at the request of the City, or at the Design Build Entity's own initiative. 1.1.10 CLAIM See Article 4.3 of the General Conditions. 1.1.11 COMPENSABLE DELAY 6-3-14 Page 4 of 57 General Conditions '(_(~:; CITY OF ~CARLSBAD <.ALliORN!A Las Palmas Renovations Project No. 4207 The term "Compensable Delay" means a delay that entitles the Design Build Entity to an adjustment of the Contract Sum and an adjustment of the Contract Time pursuant to Articles 7 and 8 of the General Conditions. 1.1.12 CONSTRUCTION DOCUMENTS The term "Construction Documents" means the plans and specifications prepared by the Design Build Entity (see Article 1.1.27) for the Project, approved by the City. The Construction Documents shall set forth in detail all items necessary to complete the construction (other than such details customarily provided by others during construction) of the Project in accordance with the Contract Documents (subject to their completion following commencement of the Construction Phase). All amendments and modifications to the Plans and Specifications must be approved by the City in writing. 1.1.13 CONSTRUCTION DOCUMENTS PHASE (Phase 2) The term "Construction Documents Phase" means the period of time set forth in the Agreement beginning with the issuance of the Construction Documents Notice to Proceed. This is also referred to within the Contract Documents as "Phase 2" and the two terms may be used interchangeably. The scope of the Construction Documents Phase is further defined in the "Scope of Work". The term "Phase 2 Time" is defined in Article 5 of the Agreement. 1 .1.14 CONSTRUCTION NOTICE TO PROCEED The term "Construction Notice to Proceed" means the written notice given by the City to the Design Build Entity advising that the Site is available to the Design Build Entity and directing the Design Build Entity to commence the Construction Phase of the Project. 1.1.15 CONSTRUCTION PHASE (Phase 3) The term "Construction Phase" means the period of time set forth in the Agreement beginning with the issuance of the Construction Notice to Proceed and ending on the date of Final Completion of the Project. This term is also referred to within the Contract Documents as "Phase 3" and the two terms may be used interchangeably. The scope of the Construction Phase is further defined in the "Scope of Work". The term "Phase 3 Time" is defined in Article 5 of the Agreement. 1.1.16 CONSTRUCTION WORK The term "Construction Work" means that portion of the Work consisting of the provision of labor, materials, furnishings, equipment and services in connection with the construction of the Project as set forth in the Contract Documents. 1.1.17 CONTRACT The term "Contract" shall have the meaning identified in Article 3 of the Agreement. 1.1.18 CONTRACT DOCUMENTS The term "Contract Documents" means all documents listed in Article 3 of the Agreement. 1.1.19 CONTRACT MILESTONE The term "Contract Milestone" means any requirement in the Contract Documents that reflects a planned point in time for the start or completion of a portion of the Work measured from i) the date of any of the Notices to Proceed or ii) the date of another Contract Milestone defined in the Contract Documents, as applicable. 1 .1.20 CONTRACT SCHEDULE The term "Contract Schedule" means the graphical representation of a practical plan, in accordance with the Specifications, to perform and complete the Work within the Contract Time. The detailed requirements for the Contract Schedule are stated in Article 3 of the General Conditions. 1.1.21 CONTRACT SUM The term "Contract Sum" means the amount of compensation stated in the Agreement for the performance of the Work, as adjusted by Change Order. 1.1.22 CONTRACT TIME The term "Contract Time" means the number of days set forth in the Agreement within which Design Build Entity must achieve Final Completion of the Work, as adjusted by Change Order. 1.1.23 COST OF EXTRA WORK See Article 7.3 of the General Conditions. 1.1.24 CRITERIA DOCUMENTS ~" The term "Criteria Documents" means, but is not limited to, the portions of the Contract Documents which constitute an outline 2-15-12 Page 5 of 57 General Conditions «~:: C I T Y 0 F ~CARLSBAD CAL!l·ORN!A of design requirements, Scope of Work, Specifications and Drawings. 1.1.25 DAY Las Palmas Renovations Project No. 4207 The term "day," as used in the Contract Documents, shall mean calendar day, unless otherwise specifically provided. 1.1.26 DEFECTIVE WORK The term "Defective Work" means Work that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of City's Representative, or the requirements of any inspection, reference standard, test, or approval specified in the Contract Documents. 1.1.27 DESIGN BUILDER The term "Design Build Entity" means the person or firm identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. Design Builder and Design Build Entity are used interchangeably. 1.1.28 DESIGN BUILDER FEE See Article 7.3 of the General Conditions. 1.1.29 DESIGN DEVELOPMENT PHASE -NOT USED The term "Design Development Phase" shall mean the period of time set forth in the Agreement beginning with the issuance of the Notice to Proceed for Phase 1. This is also referred to within the Contract Documents as "Phase 1" and the two terms may be used interchangeably. The scope of the Design Development Phase is further defined in the "Scope of Work" Exhibit. The term "Phase 1 Time" is defined in Article 5 of the Agreement. 1.1.29.1 DESIGN BUILD ENTITY See Article 1.1.27 1.1.30 DESIGN MATERIALS The term "Design Materials" shall mean any and all documents, shop drawings, electronic information, including computer programs and computer generated materials, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by, or for, the Design Build Entity: (1) to the City under the Contract Documents; or (2) developed or prepared by or for the Design Build Entity specifically to discharge its duties under the Contract Documents. 1.1.31 DESIGN PROFESSIONAL The term "Design Professional" shall mean individuals or entities that will provide Design Build Entity with the required architectural, engineering, and other professional services required for the coordinated design of the Project and the administration of construction. 1.1.32 DESIGN WORK The term "Design Work" shall mean the portion of the Work consisting of the design services and design deliverables required to be provided in connection with the design of the Project as set forth in the Contract Documents. 1.1.33 DRAWINGS The term "Drawings" means the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. The Drawings are listed in the List of Drawings. 1.1.34 EQUIPMENT MANUFACTURER The term "Equipment Manufacturer'' shall mean any Separate Contractor that fabricates and/or supplies any City-provided equipment which is installed in the Project by the Design Build Entity. 1.1.35 EXCUSABLE DELAY The term "Excusable Delay" means a delay that entitles the Design Build Entity to an adjustment of the Contract Time but not an adjustment of the Contract Sum, pursuant to Articles 7 and 8 of the General Conditions. 1.1.36 EXTRA WORK The term "Extra Work" means Work beyond or in addition to the Work required by the Contract Documents. 1.1.37 FIELD ORDER ~ See Article 7.4 of the General Conditions. 2-15-12 Page 6 of 57 General Conditions «~i, C I TV 0 F ~CARLSBAD CAL!IORNIA 1.1.38 FINAL COMPLETION Las Palmas Renovations Project No. 4207 The term "Final Completion" means the date at which the Work has been fully completed in accordance with the requirements of the Contract Documents pursuant to Article 9.8 of the General Conditions. 1.1.39 GUARANTEE TO REPAIR PERIOD See Article 12.2 of the General Conditions. 1.1.40 GOVERNMENTAL APPROVALS The term "Governmental Approvals" means those governmental (including the City) actions required to be obtained by the City and necessary for the completion of the Project. 1.1.41 HAZARDOUS MATERIAL The term "Hazardous Material" means any substance or material identified as hazardous under any California or federal statute governing handling, disposal and/or cleanup of any such substance or material. 1.1.42 INDEMNIFIED PARTIES The term "Indemnified Parties" means the City, its agents, officers, representatives, consultants, volunteers and employees. 1.1.41 .1 LETTER OF DESIGN REVIEW See Article 3.1.16 in the Scope of Work 1.1.41.2 NOTICE TO PROCEED See Article 1.1.13 and 1.1.14 1.1.43 TOTAL PROJECT COST The term "Total Project Cosf' means the amount identified as such in the Request for Proposals. 1.1.44 OPTIONS See Article 2 of the Agreement. 1.1.44.1 PHASES See Articles 2 and 5 of the Agreement 1.1.45 PROJECT The term "Project" means the total design and construction of the Work under the Contract and all other work, labor, equipment, and materials necessary to accomplish the Project . The Project may include design or construction work performed by City or by Separate Contractors. 1.1.46 SEPARATE CONTRACTOR The term "Separate Contractor" means a person, or firm, under separate contract with the City performing other work related to the Project. 1.1.47 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES See Article 3.19 of the General Conditions. 1.1.48 SPECIFICATIONS The term "Specifications" means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.49 SUBCONTRACTOR The term "Subcontractor'' means a person or firm that has a contract with Design Build Entity or with a Subcontractor of the Design Build Entity to perform a portion of the Work. Unless otherwise specifically provided, the term Subcontractor includes Subcontractors of all tiers. 1.1.50 SUBSTANTIAL COMPLETION See Article 9.7 of the General Conditions. !'""' 1.1.51 SUPERINTENDENT ~ The term "Superintendent" means the person designated by Design Build Entity to represent Design Build Entity at the Project 2-15-12 Page 7 of 57 General Conditions (_(~:; CITY OF ~CARLSBAD CALiiORNtA site, in accordance with Article 3 of the General Conditions. 1.1.52 TIER Las Palmas Renovations Project No. 4207 The term "tier'' means the contractual level of a Subcontractor or supplier or consultant with respect to Design Build Entity. For example, a first-tier Subcontractor is under subcontract with Design Build Entity, a second-tier Subcontractor is under subcontract with a first-tier Subcontractor, and so forth. 1.1.53 INEXCUSABLE DELAY The term "Inexcusable Delay" means a delay that does not entitle the Design Build Entity to an adjustment of the Contract Sum and does not entitle the Design Build Entity to an adjustment of the Contract Time. 1.1.54 UNILATERAL CHANGE ORDER See Article 7.2 of the General Conditions. 1.1.55 CITY The term "City" or "the City" means, City of Carlsbad, the Owner of the Project. 1.1.56 CITY'S REPRESENTATIVE The term "City's Representative" means the person or firm identified as such in the Agreement. 1.1.57 CITY'S RESPONSIBLE ADMINISTRATOR The term "City's Responsible Administrator'' means the person, or his or her authorized designee, who is authorized to execute Change Orders, Field Orders, and other applicable Contract Documents on behalf of the City. 1.1.58 WORK The term 'Work" means all labor, materials, equipment, tools, and services, including Design Professional services, and other requirements of the Contract Documents as modified by Change Order, whether completed or partially completed, provided or to be provided by Design Build Entity to fulfill Design Build Entity's obligations . The Work may constitute the whole or a part of ~,, the Project. 1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS 1.2.1. The Contract Documents, and all copies thereof, furnished to, or provided by, Design Build Entity are the property of the City. The City and Design Build Entity explicitly agree that all materials, electronic files/models, and documents developed in the performance of this Contract are the property of the City. The City shall have the right to use all drawings, designs, specifications, notes and any other documentation and other work developed in the performance of this Contract for the Project, or in connection with the Project, including without limitation future additions, alterations, connections, repairs, information, reference, use or occupancy and the right to re-use details of the design on any other City work, all without the Design Build Entity's consent and at no additional cost to the City. 1.2.2 The City will defend, indemnify and save harmless Design Build Entity Professional, its officers, agents and employees from any costs or claims for damages arising from City's use on other projects of the Contract Documents, the Drawings and Specifications, or the designs depicted in them, if any of the foregoing have been provided to the City by the Design Build Entity. 1.2.3 Notwithstanding Article 1.2.2 above, the City will not defend, indemnify or save harmless Design Build Entity Professional, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that City's use of the Contract Documents, the Drawings and Specifications, or the designs depicted in them is contrary to or in violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use. 1.3 INTERPRETATION 1.3.1 The intent of the Contract Documents is to include all necessary criteria to establish the scope and quality for completion of the Work by the Design Build Entity. The Contract Documents are complementary and what is required by one shall be as binding as if required by all. Performance by the Design Build Entity shall be required to the extent consistent with, and reasonably inferable from, the Contract Documents. 1.3.2 In the case of conflict between terms of the Contract Documents, the following order of precedence shall apply: .1 The Agreement and Change Orders shall control over the Supplementary Conditions. 2-15-12 Page 8 of 57 General Conditions c ~ «••fi',;, CITY OF ~CARLSBAD CAL!JORN!A .2 The Supplementary Conditions shall control over the General Conditions . . 3 The General Conditions shall control over the Specifications . . 4 The Specifications shall control over the Drawings . . 5 The Drawing Details over the Drawings . Las Palmas Renovations Project No. 4207 . 6 Where no order of precedence is stated, the more expensive of the requirements shown or specified shall be controlling . . 7 With respect to the Contract Documents, Addenda shall govern over other portions of the Contract Documents to the extent specifically noted; subsequent Addenda shall govern over prior Addenda only to the extent specifically noted. 1.3.3 The City and Design Build Entity acknowledge that the Contract Documents may differ in some respect(s) from the other documents included in the Proposal Documents upon which the Design Build Entity based its response(s) to the Request for Proposals. The City and Design Build Entity explicitly agree that documents having the higher quality requirements control over any conflicting requirements of other documents. 1.3.4 Organization of the Specifications into various subdivisions and the arrangement of the Drawings shall not control Design Build Entity in dividing the Work among Subcontractors or in establishing the extent of work to be performed by any trade. 1.3.5 Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood design professional and construction industry meanings; and non-technical words and abbreviations are used in accordance with their commonly understood meanings. 1.3.6 The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The use of the word "including," when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as "without limitation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement. 1.3. 7 Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall include corporation, partnership, trust, or other legal entity, whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only for reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof. ARTICLE 2 CITY 2.1 FEE AND PERMIT REQUIREMENTS 2.1.1 Except as otherwise provided in the Contract Documents, the City will obtain and pay for any utility permits, demolition permits, easements, health department and government approvals for the use or occupancy of permanent structures required in connection with the Work. 2.1.2 Design Build Entity will be furnished, free of charge, such copies of the Contract Documents as the City deems reasonably necessary for execution of the Work. 2.2 ACCESS TO PROJECT SITE 2.2.1 The City will provide, as reasonably required by the Work, but in no event later than the date designated in the Construction Notice to Proceed, access to the lands and facilities upon which the construction Work is to be performed, including such access to other lands and facilities designated in the Contract Documents for use by Design Build Entity. 2-15-12 Page 9 of 57 General Conditions «~;;' CITY OF ~CARLSBAD CAllt·ORN\A 2.3 CITY'S RIGHT TO STOP THE WORK Las Palmas Renovations Project No. 4207 2.3.1 If Design Build Entity fails to correct Defective Work as required by Article 12.2 of the General Conditions or fails to perform the Work in accordance with the Contract Documents, The City or City's Representative may direct Design Build Entity to stop the Work, or any portion thereof, until the cause for such order has been eliminated by Design Build Entity. Design Build Entity shall not be entitled to any adjustment of Contract Time or Contract Sum as a result of any such order. the City and City's Representative have no duty or responsibility to Design Build Entity or any other party to exercise the right to stop the Work. 2.4 CITY'S RIGHT TO CARRY OUT THE WORK 2.4.1 If Design Build Entity fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools, and services, with respect to either the design or construction phases, to maintain the Contract Schedule, or otherwise fails to comply with any material term of the Contract Documents, and, after receipt of written notice from the City, fails within 2 days, excluding Saturdays, Sundays and legal holidays, or within such additional time as the City may specify, to correct such failure, the City may, without prejudice to other remedies the City may have, correct such failure at Design Build Entity's expense. In such case, the City will be entitled to deduct from payments then or thereafter due Design Build Entity the cost of correcting such failure, including without limitation compensation for the additional services and expenses of the City's consultants made necessary thereby. If payments then or thereafter due Design Build Entity are not sufficient to cover such amounts, Design Build Entity shall pay the additional amount to the City. 2.5 CITY'S RIGHT TO REPLACE CITY'S REPRESENTATIVE 2.5.1 The City may at any time and from time to time, without prior notice to or approval of Design Build Entity, replace the City's Representative with a new City's Representative. Upon receipt of notice from the City informing Design Build Entity of such replacement and identifying the new City's Representative, Design Build Entity shall recognize such person or firm as City's Representative for all purposes under the Contract Documents. ARTICLE3 DESIGN BUILDER 3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY DESIGN BUILDER; SINGLE POINT RESPONSIBILITY OF DESIGN BUILDER 3.1.1 The City has carefully reviewed the qualifications of the Design Builder and has concluded that the Design Builder has the necessary significant experience to perform the required Work. The Design Builder has demonstrated that they possess the necessary experience and skilled resources to perform the Work. As such, the city asserts that this allows for a level of competence and care in the implementation of the Work than would be allowed for a lesser qualified Design Builder. 3.1.2 In addition to the examination and reviews performed, and obligations assumed, incidental to making the representations set forth in Article 10 of the Agreement, Design Build Entity shall carefully study and compare each of the Contract Documents with the others and with information furnished by the City, and shall promptly report in writing to City's Representative any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with Applicable Code Requirements observed by Design Build Entity. 3.1.3 Design Build Entity is responsible for the design and construction of the Project and shall provide all services pursuant to this Contract in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode). The Design Build Entity shall be solely responsible for any and all design errors including, but without limitation, errors, inconsistencies or omissions in the Construction Documents. Design Build Entity shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to Design Build Entity before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to City's Representative. 3.1.4 If Design Build Entity performs any design and/or construction activity which it knows, or should know, involves an error, inconsistency, or omission referred to in Articles 3.1. 2 and 3.1.3 above, without notifying and obtaining the written consent of the City's Representative, Design Build Entity shall be responsible for the resultant losses, including, without limitation, the costs of correcting Defective Work. 2-15-12 Page 10 of 57 General Conditions c CAL!J·ORNIA Las Palmas Renovations Project No. 4207 3.1.5 The City does not assume any obligation to employ the Design Build Entity's services or pay Design Build Entity royalties of any type as to future programs that may result from the Work performed under this Contract. 3.1.6 Design Build Entity shall be responsible for all plotting, printing, copying and distribution cost of any and all documents required in connection with the Work. 3.1.7 Design Build Entity agrees that it has single point responsibility for the design and construction of this Project. 3.2 DESIGN, SUPERVISION AND CONSTRUCTION PROCEDURES 3.2.1 Design Build Entity shall supervise, coordinate, and direct the Work using Design Build Entity's best skill and attention. Design Build Entity shall be solely responsible for, and have control over, the entire design effort, construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. 3.2.2 Design Build Entity shall be responsible to the City for acts and omissions of Design Build Entity's agents, employees, and Subcontractors, and their respective agents and employees. 3.2.3 Design Build Entity shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents either by acts or omissions of the City or City's Representative in the administration of the Contract, or by tests, inspections, or approvals required, or performed, by persons or firms other than Design Build Entity. 3.2.4 Design Build Entity shall be responsible for inspection of all portions of the Work, including those portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work. 3.2.5 To facilitate communications and the management of the design process, the Design Build Entity shall establish and maintain a local office for the duration of the design process. 3.2.6 The Design Build Entity is not required to produce the entire Construction Documents package in the local office; however, the Design Build Entity shall provide the appropriate management and design staff in the local office to provide the City with the current status of, and the capability to properly update, the design and construction documents. 3.2.7 The Design Build Entity is required to deliver to the City, if requested, any and all design materials including, but not limited to, calculations, preliminary drawings, construction drawings, shop drawings, electronic media data, improvement documents, sketches, illustrations, specifications, descriptions, models, mock-ups, and other information developed, prepared, furnished, or delivered in the prosecution of the design work. 3.2.8 Design Build Entity shall at all times participate in, and implement, the CEQA mitigation process and ensure performance as required in the Contract Documents. 3.2.9 Design Build Entity is responsible for preparation of the Construction Documents for the entire Project. 3.2.1 0 Design Build Entity is responsible for construction of the entire Project as required by the Contract Documents. 3.2.11 Design Build Entity shall at all times maintain good discipline and order among its employees and subcontractors. Design Build Entity shall provide competent, fully qualified personnel to perform the Work. 3.3 LABOR AND MATERIALS 3.3.1 Unless otherwise provided in the Contract Documents, Design Build Entity shall provide and pay for all professional services, other services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other things necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4 DESIGN BUILDER'S WARRANTY 3.4.1 Design Build Entity warrants to the City that all labor, materials, equipment and furnishings used in, or incorporated into, the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents), and all Work will be free of liens, claims and security interests of third parties; that the Work will be of the highest quality and free from defects and that all Work will conform with the requirements of the Contract Documents. If required by the City's 2-15-12 Page 11 of 57 General Conditions «~i CITY OF ~CARLSBAD CALIIORNtA Las Palmas Renovations Project No. 4207 Representative, Design Build Entity shall furnish satisfactory evidence of compliance with this warranty. Further, the type, quality and quantum of such evidence shall be within the sole discretion of the City's Representative. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. 3.5 TAXES 3.5.1 Design Build Entity shall pay all sales, consumer, use, income, payroll and similar taxes for the Work or portions thereof provided by Design Build Entity. 3.6 PERMITS, FEES, AND NOTICES 3.6.1 Except for the permits and approvals which are to be obtained by the City or the requirements with respect to which City is not subject as provided in Article 2.1.1 of the General Conditions, Design Build Entity shall secure, and pay for, all permits, approvals, government fees, licenses, and inspections necessary for the proper execution and performance of the Work. Design Build Entity shall deliver to the City all original licenses, permits, and approvals obtained by Design Build Entity in connection with the Work prior to the final payment or upon termination of the Contract, whichever is earlier. 3.6.2 Water Pollution Control_ The Design Build Entity shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Design Build Entity shall comply with the California State Water Resources Control Board (SWRCB) Order Number 2009- 0009-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number R9-2007 -0001, Waste Discharge Requirements (WDR's) for Discharges of Storm Water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. This project is permitted by an existing Storm Water Pollution Prevention Plan (SWPPP). The Design Build Entity must comply with all of the terms and conditions of this permit. 3.7 APPLICABLE CODE REQUIREMENTS 3.7.1 Design Build Entity shall perform the Work in accordance with the following Applicable Code Requirements and all code requirements listed in the Scope of Work: .1 All current laws, statutes, building codes ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over the City, Design Build Entity, any Subcontractor, the Project, the Project site, the Work, or the prosecution of the Work . . 2 Applicable sections in the State of California Labor Code . . 3 All Applicable Code Requirements relating to nondiscrimination, payroll records, apprentices, and work day. 3.7.2 Design Build Entity shall comply with and give notices required by all Applicable Code Requirements, including all environmental laws and all notice requirements under the State of California Safe Drinking Water and Enforcement Act of 1986 (State of California Health and Safety Code Section 25249.5, and applicable sections that follow). Design Build Entity shall promptly notify the City's Representative in writing if Design Build Entity becomes aware during the performance of the Work that the Contract Documents are at variance with Applicable Code Requirements. 3.7.3 If Design Build Entity performs Work which it knows or should know is contrary to Applicable Code Requirements, without prior notice to the City and City's Representative, Design Build Entity shall be responsible for such Work and any resulting damages including, without limitation, the costs of correcting Defective Work. 3.7.4 Design Builder shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Design Builder observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Design Builder performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and . ....._ without such notice to the Engineer, he shall bear all costs arising therefrom 2-15-12 Page 12 of 57 General Conditions «~i CITV OF ~CARLSBAD Las Palmas Renovations Project No. 4207 .1 Design Builder shall be responsible for familiarity with the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12101 et seq.) and all other federal and state disability access laws. The Work will be performed in compliance with all current rules, guidelines and regulations. 3.8 SUPERINTENDENT 3.8.1 Design Build Entity shall employ a competent Superintendent satisfactory to the City who shall be in attendance at the Project site at all times during the performance of the Construction Work. Superintendent shall represent Design Build Entity and communications given to, and received from, Superintendent shall be binding on Design Build Entity. Failure to maintain a Superintendent on the Project site at all times Work is in progress shall be considered a material breach of this Contract, entitling the City to terminate the Contract or, alternatively, issue a stop Work order until the Superintendent is on the Project site. If, by virtue of issuance of said stop Work order, Design Build Entity fails to complete the Contract on time, Design Build Entity will be assessed Liquidated Damages in accordance with the Agreement. 3.8.2 The Superintendent approved for the Project must be able to read, write and verbally communicate in English. The Superintendent may not perform the Work of any trade, pick-up materials, or perform any Work not directly related to the supervision and coordination of the Construction Work at the Project site when Work is in progress. In addition, the Design Build Entity will provide all Key Personnel shown in the Technical Proposal for the time periods stipulated. 3.9 TOXIC MATERIALS 3.9.1 The Design Build Entity is responsible for unforeseen site conditions and toxic materials to the extent described in the Contract Documents and/or that could be reasonably inferred by the Design Build Entity based on its experience and expertise on similar projects in urban areas. 3.10 HAZARDOUS MATERIALS 3.1 0.1 The Design Build Entity agrees that it is solely responsible for investigating and performing remedial actions on all hazardous materials and other related environmental requirements located on the Project site. For the purposes of this Contract, Hazardous Materials shall also include, but are not limited to, Underground storage tanks. Any Hazardous Materials that are encountered beyond those described in the Contract Documents or Proposal Documents, or which reasonably could not have been discovered within the time permitted, may properly be the subject of a Change Order Request. The City agrees that the Design Build Entity cannot be considered a hazardous materials generator of any such materials in existence on the Site at the time it is given possession of the Site. "Underground Storage Tank" shall have the definition assigned to that term by Section 9001 of RCRA, 42 U.S.C. Section 6991, and also shall include: any tank of one thousand one hundred (1, 1 00) gallons or less capacity used for storing motor fuel; any tank used for storing heating oil for consumption on the premises where stored; any septic tank; and any pipes connected to the above items. 3.1 0.2 The City shall not be responsible for any Hazardous Material brought to the site by the Design Build Entity. 3.1 0.3 If the Design Build Entity: (i) introduces and/or discharges a Hazardous Material onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Design Build Entity shall hire a qualified remediation Design Builder at Design Build Entity's sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Design Build Entity perform Work for which it is not qualified. The City, in its sole discretion, may require the Design Build Entity to retain at Design Build Entity's cost an independent testing laboratory. 3.10.4 If the Design Build Entity encounters a Hazardous Material which may cause foreseeable injury or damage, Design Build Entity shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing). 3.1 0.5 Subject to Design Build Entity's compliance with Article 3.1 0.4, the City shall verify the presence or absence of the Hazardous Material reported by the Design Build Entity, except as qualified under Section 3.1 0.2 and 3.1 0.4, and, in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City. The Contract Time and Sum shall be extended appropriately as provided in Articles 7 and 8. 3.10.6 The City shall indemnify and hold harmless the Design Build Entity from and against claims, damages, losses and expenses, arising from a Hazardous Material on the Project site, if such Hazardous Material: (i) was not shown on the Contract Documents or Information Available to Bidders; (ii) was not brought to the site by Design Build Entity; and (iii) exceeded OSHA 2-15-12 Page 13 of 57 General Conditions <l~\ CITY OF ~CARLSBAD CALli ORNIA Las Pa/mas Renovations Project No. 4207 Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste. The indemnity obligation in this Article shall not apply to: .1 Claims, damages, losses or expenses arising from the breach of contract, negligence or willful misconduct of Design Build Entity, its suppliers, its Subcontractors of all tiers and/or any persons or entities working under Design Build Entity; and .2 Claims, damages, losses or expenses arising from a Hazardous Material subject to Article 3.1 0.2. 3.1 0. 7 In addition to the requirements in Article 3.29, Design Build Entity shall indemnify and hold harmless the City of Carlsbad from and against claims, damages, losses and expenses, arising from a Hazardous Material on the Project site, if such Hazardous Material: (i) was shown on the Contract Documents or Information Available to Bidders; (ii) was brought to the site by Design Build Entity; and (iii) exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste. Nothing in this paragraph shall obligate the Design Build Entity to indemnify the City in the event of the sole negligence of the City, its officers, agents, or employees. 3.11 CONSTRUCTION DOCUMENTS 3.11.1 Construction Documents .1 Upon receipt of the Notice to Proceed for Phase 2, the Design Build Entity shall instruct the appropriate Design Professional or Architect of Record to commence the design of the building systems and the preparation of the Construction Documents. The Construction Documents shall provide information customarily necessary in documents for projects of similar size, complexity, and quality. The Construction Documents shall include all information required by the building trades to complete the construction of the Project, other than such details customarily developed by others during construction. The City's review of the construction documents shall be conducted in accordance with the approved Contract Schedule with procedures set forth in Article 3.16 of the General Conditions relating to Schedule. Such review shall not relieve the Design Build Entity from its responsibilities under this Contract. Such review shall not be deemed an approval or waiver by the City of any deviation from, or of the Design Build Entity's failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the document submitted by the Design Build Entity and approved by the City . . 2 It is acknowledged by the parties hereto that inherent in a design build concept, bridging or otherwise, the production and review of Construction Documents may be a continuing process with portions thereof completed at different times. The Design Build Entity will limit the Construction Document packages for construction to a reasonable number, not more than that stipulated in the Supplementary Conditions, unless approved in writing by the City. Contract Schedule shall indicate the times for the City to review the completion of each such portion of the Construction Documents and a reasonable time for review of same . . 3 The Design Build Entity shall submit completed packages of the Construction Documents for review by the City, the City Fire Marshal, and any other Agency Having Jurisdiction (AHJ) Review meetings between the Design Build Entity and the City to review the Construction Document packages, shall be scheduled and held so as not to delay the Work. After reviewing the Construction Documents package for conformance to the Criteria Documents, the City will issue a Construction Notice to Proceed to the Design Build Entity . .4 The Construction Documents for hazardous and/or toxic abatement efforts and demolition activity shall be of sufficient clarity and shall be fully detailed when submitted to the City for review. 3.11.2 Shop Drawings, Product Data, Samples, Materials, and Equipment .1 Shop drawings means drawings, submitted to Design Build Entity by subcontractors, manufacturers, supplier or distributors, showing in detail the proposed fabrication and assembly of building elements and the installation (e.g., form, fit, and attachment details) of materials or equipment. .2 Design Build Entity shall coordinate all submittals and review them for accuracy, completeness, and compliance with the requirements of the Contract Documents and the Design Build Entity's Construction Documents and shall indicate its approval thereon as evidence of such coordination and review . . 3 Materials and equipment incorporated in the Work shall match the approved samples within tolerances appropriate to the items, and as may be described in the Contract Documents. 2-15-12 Page 14 of 57 General. Conditions .(f··~"r~ "'-· <<~!' CITY OF ~CARLSBAD CAL!!-ORNtA Las Palmas Renovations Project No. 4207 .4 The Design Build Entity shall submit shop drawings approved by the Architect of Record and samples of submittals that relate to finish materials and products . . 5 Any variation in quality must be approved by the City. 3.11.3 Field Engineering NOT REQUIRED .1 The Design Build Entity shall retain and pay expenses of a civil engineer or land surveyor to establish on the Site the required reference points and benchmarks, establish building lines and elevations, check for building framing, plumbness, and establish on building frame the required basic grid lines. The engineer or land surveyor shall be licensed in the State of California . . 2 The Design Build Entity shall locate and protect control points prior to starting Work on the Project site and preserve permanent reference points during construction, and shall require the engineer or surveyor to replace control points which become lost or destroyed. 3.11.4 Geotechnical and Survey NOT REQUIRED .1 The City has provided the Design Build Entity with a geotechnical report which includes supporting data, findings and recommendations; and also with a legal description and a project survey that are included in the Contract Documents. The Design Work shall be consistent with both the findings and recommendations of the geotechnical report and legal description and project survey . . 2 The Design Build Entity shall verify the location and depth (elevation) of all existing utilities and services before performing any excavation Work. 3.12 MONTHLY REPORTS -WEEKLY 3.12.1 The Design Build Entity shall prepare and submit to the City, during both the Construction Documents Phase and the Construction Phase, monthly reports on the Work accomplished during the prior monthly period. Such reports shall be prepared in a manner and in a format approved by the City. Reports shall be furnished at the time of submission of each monthly application for payment. The monthly report shall also set forth the Design Build Entity's projected progress for the forthcoming month. 3.13 OTHER REPORTS 3.13.1 The Design Build Entity will cooperate with the City in preparing, or causing to be prepared, all or part of, periodic project reports required by state or federal agencies. 3.14 NOTICES OF LABOR DISPUTE 3.14.1 If Design Build Entity has knowledge that any actual or potential labor dispute is delaying, or threatens to delay, the timely performance of the Work, Design Build Entity shall immediately give notice including all relevant information to the City. 3.14.2 Design Build Entity agrees to insert the substance of this Article including this Article 3.14.2, in any subcontract to which a labor dispute may delay the timely performance of the Work, except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or Design Build Entity, as the case may be, of all relevant information concerning the dispute. 3.15 GUARANTEE 3.15.1 The Design Build Entity unconditionally guarantees the Work will be completed in accordance with the requirements of the Contract Documents, and will remain free of defects in workmanship and materials for a period of two (2) years from the date of Final Completion, unless a longer guarantee period is specifically called for in the Contract Documents. The Design Build Entity shall repair or replace any and all work, together with any adjacent work that may have been damaged or displaced, which was not in accordance with the requirements of the Contract Documents, or that may be defective in its workmanship or material within the guarantee period specified in the Contract Documents, without any expense whatsoever to the City; ordinary wear and tear and abuse excepted. 2-15-12 Page 15 of 57 General Conditions (.ALII·ORN!A Las Palmas Renovations Project No. 4207 3.15.2 The Design Build Entity further agrees, within fourteen (14) days, or as such shorter period as may be designated for emergency repairs, after being notified in writing by the City, of any work not in accordance with the requirements of the Contract Documents or any defects in the Work, that the Design Build Entity shall commence and execute, with due diligence, all work necessary to fulfill the terms of the guarantee. If the City finds that the Design Build Entity fails to perform any of the work under the guarantee, the City may elect to have the work completed at the Design Build Entity's expense and the Design Build Entity will pay costs of the work upon demand. The City will be entitled to all costs, including reasonable attorneys' fees and consultants' expenses necessarily incurred upon the Design Build Entity's refusal to pay the above costs. 3.15.3 Notwithstanding the foregoing Article 3.15.2, in the event of an emergency constituting an immediate hazard to health or safety of the City employees, property, or licensees, the City may undertake, at the Design Build Entity's expense and without prior notice, all work necessary to correct such hazardous condition(s) when it is caused by work of the Design Build Entity not being in accordance with the requirements of the Contract Documents. 3.16 SCHEDULES REQUIRED OF DESIGN BUILDER 3.16.1 The Preliminary Schedule provided with the Request for Proposal provides the Design Build Entity schedule information to illustrate all Contract Milestones and any anticipated overlap of Phases. The Design Build Entity shall develop its required Contract schedules for review and approval by the City based on and consistent with such Preliminary Schedule. 3.16.2 Design Build Entity shall submit an initial Contract Schedule and updated Contract Schedules to City's Representative in the form and within the time limits required by the Contract Documents, or, if no such time period is specified, within a reasonable period of time. City's Representative will determine acceptability of the Contract Schedule and updated Contract Schedules within the time limits required by the Contract Documents, or if no such time period is specified, within a reasonable period of time. If the City's Representative deems the Contract Schedule or updated Contract Schedule unacceptable, it shall specify in writing to Design Build Entity the basis for its objection. 3.16.3 The Contract Schedule and updated Contract Schedules shall represent a practical plan to complete the Work within the Contract Time. Schedules showing the Work completed in less than the Contract Time as reflected in the Preliminary Schedule may be acceptable if judged by City's Representative to be practical. Schedules showing the Work completed beyond the Contract Time may be submitted under the following circumstances: .1 If accompanied by a Change Order Request seeking an adjustment of the Contract Time consistent the requirements of paragraph 8.4 for Adjustment of the Contract Time for Delay.; or .2 If the Contract Time has passed, or if it is a practical impossibility to complete the Work within the Contract Time, then the updated Contract Schedule or Fragnet schedule shall show completion at the earliest practical date . . 3 City's Representative will timely review the updated Contract Schedule or Fragnet Schedule submitted by Design Build Entity. If City's Representative determines that additional supporting data are necessary to fully evaluate the updated Contract Schedule or Fragnet Schedule, City's Representative will request such additional supporting data in writing. Such data shall be furnished no later than 10 days after the date of such request City's Representative will render a decision promptly and in any case within 30 days after the later of the receipt of the updated Contract Schedule or Fragnet Schedule or the deadline for furnishing such additional supporting data. Failure of City's Representative to render a decision by the applicable deadline will be deemed a decision denying approval of the updated Contract Schedule or Fragnet Schedule. Acceptance of any schedule showing completion beyond the Contract Time by City's Representative shall not change the Contract Time and is without prejudice to any right of the City. The Contract Time, not the Contract Schedule, shall control in the determination of liquidated damages payable by Design Build Entity under Article 5 and Article 6 of the Agreement and in the determination of any delay under Article 8 of the General Conditions. 3.16.4 If a Contract Schedule showing the Work completed in less than the Contract Time is accepted, Design Build Entity shall not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the Final Completion of the Work beyond the expiration of the Contract Time. 3.16.5 Design Build Entity shall prepare and keep current, to the reasonable satisfaction of City's Representative, a schedule of submittals and that is coordinated with the Contract Schedule. 3.16.6 The Contract Schedule and the updated Contract Schedules shall meet the following requirements: 2-15-12 Page 16 of 57 General Conditions «~'~ C I T Y 0 F ~CARLSBAD CAL!J·ORN!A .1 Schedules must be suitable for monitoring progress of the Work . Las Palmas Renovations Project No. 4207 . 2 Schedules must provide necessary data about the timing of the City decisions and City furnished items . . 3 Schedules must be in sufficient detail to demonstrate adequate planning of the Work . .4 Schedules must represent a practical plan to perform and complete the Work within the Contract Time. 3.16.7 The City's Representative's review of the form and general content of the Contract Schedule and updated Contract Schedules is for the purpose of determining if the above-listed requirements have been satisfied. 3.16.8 Design Build Entity shall plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work will permit its completion within the Contract Time, any Contract milestones and any Contract phases. 3.16.9 In preparing the Preliminary Contract Schedule, the Contract Schedule, and updated Contract Schedules, Design Build Entity shall obtain such information and data from Subcontractors as may be required to develop a reasonable and appropriate schedule for performance of the work and shall provide such information and data to the City's Representative upon request. Design Build Entity shall continuously obtain from Subcontractors information and data about the planning for, and progress of, the Work and the delivery of equipment, shall coordinate and integrate such information and data into updated Contract Schedules, as appropriate, and shall monitor the progress of the Work and the delivery of equipment. The City requires the Design Builder to employ the "pull planning" method of schedule development. 3.16.1 0 Design Build Entity shall act as the expediter of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors, regardless of tier. 3.16.11 Design Build Entity shall cooperate with the City's Representative in the development of the Contract Schedule and updated Contract Schedules. Design Build Entity shall plan and schedule all of its Work based on the assumption that the City will exercise its Option for Phase 3 within 30 days of the completion of Phase 2 unless otherwise directed in writing by the City. After the City exercises its Option for Phase 3, the Design Build Entity shall modify its Contract Schedule to reflect the actual date that the City exercises its Option for Phase 3. 3.16.12 City's Representative's acceptance of or its review comments about any schedule or scheduling data shall not relieve Design Build Entity from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Acceptance of or review comments about any schedule shall not transfer responsibility for any schedule to the City's Representative or the City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. Failure of the City's Representative to discover errors or omissions in schedules that it has reviewed, or to inform Design Build Entity that Design Build Entity, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule shall not relieve Design Build Entity from its sole responsibility to perform and complete the Work within the Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum. 3.17 AS-BUlL T DOCUMENTS 3.17.1 Design Build Entity shall maintain one (1) set of As-built drawings and specifications, which shall be kept up-to-date during the Work of the Contract. This document will be an electronic file or Building Information Model (BIM) all changes which are incorporated into the Work which differ from the documents as drawn and written and approved shall be noted on the as- built set. Notations shall reflect the actual materials, equipment and installation methods used for the Work; each revision shall be initialed and dated by Superintendent. Prior to filing of the Notice of Completion, each drawing and the specification cover shall be signed by Design Build Entity and dated, attesting to the completeness of the information noted therein. As-built Documents shall be turned over to the City's Representative and shall become part of the Record Documents as required by the Scope of Work. 3.18 DOCUMENTS AND SAMPLES AT PROJECT SITE 3.18.1 Design Build Entity shall maintain the following at the Project site: .1 One as-built copy of the Contract Documents, in good order and marked to record current changes and selections made during construction. 2-15-12 Page 17 of 57 General Conditions ~-~.·. ~· .. •,, CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 .2 The current accepted Contract Schedule . . 3 Shop Drawings, Product Data, and Samples . . 4 All other required submittals. These documents shall be available to the City's Representative and shall be delivered to the City's Representative for submittal to the City upon the earlier of Final Completion or termination of the Contract. 3.19 SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND BIM MODELS 3.19. 1 Definitions: .1 Shop Drawings are drawings (physical or electronic), diagrams, schedules, and other data specially prepared for the Work by Design Build Entity or a Subcontractor to illustrate some portion of the Work . . 2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by Design Build Entity to illustrate or describe materials or equipment for some portion of the Work . . 3 Samples are physical examples that illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged . .4 BIM Models are Building Information Modeling (BIM) is a digital representation of physical and functional characteristics of a facility. A BIM is a shared knowledge resource for information about a facility forming a reliable basis for decisions during its life-cycle; defined as existing from earliest conception to demolition. 3.19.2 Shop Drawings, Product Data, Samples, BIM Models and similar submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Work for which submittals are required, how Design Build Entity proposes to conform to the information given and the design concept expressed in the Contract Documents. 3.19.3 Design Build Entity shall review, approve, and submit to the City's Representative Shop Drawings, Product Data, Samples, BIM Models and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of Separate Contractors. Submittals made by Design Build Entity that are not required by the Contract Documents may be returned without action by the City's Representative. 3.19.4 Design Build Entity shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples, BIM Model or similar submittals until the respective submittal has been reviewed by the City's Representative and no exceptions have been taken by the City's Representative or the City's Representative's Consultants. Such Work shall be in accordance with approved submittals and the Contract Documents. 3.19.5 By approving and submitting Shop Drawings, Product Data, Samples, BIM Model and similar submittals, Design Build Entity represents that it has determined or verified materials and field measurements and conditions related thereto, and that it has checked and coordinated the information contained within such submittals with the requirements of the Contract Documents and Shop Drawings/BIM Model for related Work. 3.19.6 If Design Build Entity discovers any conflicts, omissions, or errors in Shop Drawings or other submittals, Design Build Entity shall notify the City's Representative and receive instruction before proceeding with the affected Work. Design Build Entity shall be responsible to correct to the satisfaction of the City, any conflicts, omissions, or errors in Shop Drawings/BIM Model or other submittals. 3.19. 7 Design Build Entity shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's Representative's review of Shop Drawings, Product Data, Samples, BIM Model or similar submittals, unless Design Build Entity has specifically informed the City's Representative in writing of such deviation at the time of submittal and the City's Representative has given written approval of the specific deviation. Design Build Entity shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, BIM Model or similar submittals by the City's Representative's "*""'· review, acceptance, comment, or approval thereof. ~ 2-15-12 Page 18 of 57 General Conditions «~' CITY OF ~CARLSBAD CAL!IORNIA Las Palmas Renovations Project No. 4207 3.19.8 Design Build Entity shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, BIM Model or similar submittals, to revisions other than those requested by the City's Representative on previous submittals. 3.19.9 The City will review first resubmittal of Shop Drawing/BIM Model at its cost. The City reserves the right to reduce the Contract Sum by Change Order for its cost for any subsequent reviews of Shop Drawing resubmittals. 3.20 USE OF SITE AND CLEAN UP 3.20.1 Design Build Entity shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents. Design Build Entity shall not unreasonably encumber the Project site with materials or equipment. 3.20.2 Design Build Entity shall, during performance of the Work, keep the Project site and surrounding area free from the accumulation of excess dirt, waste materials, and rubbish caused by Design Build Entity. Design Build Entity shall remove all excess dirt, waste material, and rubbish caused by the Design Build Entity; tools; equipment; machinery; and surplus materials from the Project site and surrounding area at the completion of the Work. Failure to maintain the site may cause the City to give the Design Builder notice of this fact. Upon such notice, the Design Builder must remedy the situation within 24 hours of receipt of the notice. The Design Builder's failure to comply may cause the City to perform the work at the Design Builder's cost. 3.20.3 Personnel of Design Build Entity and Subcontractors shall not occupy, live upon, or otherwise make use of the Project site during any time that Work is not being performed at the Project site, except as otherwise provided in the Contract Documents. 3.21 PROJECT SITE MAINTENANCE. 3.21.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Design Builder shall keep the site clean and free from rubbish and debris. The Design Builder shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Design Builder shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Design Builder's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Design Builder to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. 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 Design Builder shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 3.21.2 Air Pollution Control. The Design Builder shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 3.21.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Design Builder as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Design Builder shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 2-15-12 Page 19 of 57 General Conditions (_(~/ CITY OF ~CARLSBAD CALI!·ORNIA Las Palmas Renovations Project No. 4207 3.21.4 Sanitation. The Design Builder shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Design Builder disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 3.21.5 Temporary Light, Power, and Water. The Design Builder shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Design Builder shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Design Builder 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 Design Builder shall contact the appropriate water agency for requirements. The Design Builder shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 3.21.6 Water Pollution Control. The Design Builder shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. 3.21.7 The Design Builder shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ (or current equivalent), National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 3.22 CUTTING, FITTING, AND PATCHING 3.22.1 Design Build Entity shall do all cutting, fitting, or patching of the Work required to make all parts of the Work come together properly and to allow the Work to receive or be received by work of Separate Contractors shown upon, or reasonably implied by, the Contract Documents. 3.22.2 Design Build Entity shall not endanger the Work, the Project, or adjacent property by cutting, digging, or otherwise. Design Build Entity shall not cut or alter the work of any Separate Contractor without the prior consent of the City's Representative. 3.23 ACCESS TO WORK BY THE CITY 3.23.1 The City, City's Representative, their consultants, and other persons authorized by the City will at all times have access to the Work wherever it is in preparation or progress. Design Build Entity shall provide safe and proper facilities for such access and for inspection. 3.23.2 NOT REQUIRED The Design Build Entity shall provide field offices for the City's Representative, the City's Construction Manager, a Field Engineer, and a small conference room within the construction office compound. The facilities provided for City personnel shall be at suitable locations approved by the City's Representative. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The space shall have mechanical heating and cooling. The Design Builder shall provide power and data connections for computers (computers to be provided by the city), a printer connected to a common server, internet access, phones connected to a local phone company for each office and conference room, janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Design Builder at weekly intervals or sooner as required. The trash shall be removed from the project site. 2-15-12 Page 20 of 57 General Conditions - <,(~'c CITY Of ~CARLSBAD CALI!·ORN!A Las Palmas Renovations Project No. 4207 All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 3.24 ROYALTIES AND PATENTS 3.24.1 Design Build Entity shall pay all royalties and license fees required for the performance of the Work. Design Build Entity shall defend suits or claims resulting from Design Build Entity's or any Subcontractor's infringement of patent rights and shall indemnify, defend and hold harmless the City and City's Representative from losses on account thereof. 3.25 DIFFERING SITE CONDITIONS 3.25.1 If Design Build Entity encounters any of the following conditions at the site, Design Build Entity shall immediately notify the City's Representative in writing of the specific differing conditions before they are disturbed and before any affected Work is performed, and permit investigation of the conditions: .1 Subsurface or latent physical conditions at the site which differ materially from those indicated in this Contract, or if not indicated in this Contract, in the City Furnished Information; or .2 Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 3.25.2 Design Build Entity shall be entitled to an adjustment to the Contract Sum and/or Contract Time as the result of extra costs and/or delays resulting from a materially differing site condition, if and only if Design Build Entity fulfills the following conditions: .1 Design Build Entity fully complies with Article 3.25.1 above; and .2 Design Build Entity fully complies with Article 4 of the General Conditions (including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims). 3.25.3 Adjustments to the Contract Sum and/or Contract Time shall be subject to the procedures and limitations set forth in Articles 7 and 8 of the General Conditions. 3.26 CONCEALED, UNFORESEEN, OR UNKNOWN CONDITIONS OR EVENTS 3.26.1 Except and only to the extent provided otherwise in Articles 3.25, and Articles 7 and 8 of the General Conditions, by signing the Agreement, Design Build Entity agrees: .1 To bear the risk of concealed, unforeseen or unknown conditions and events, if any, which may be encountered in performing the Contract; and .2 That Design Build Entity's Pricing Proposal Form for the Contract was made with full knowledge of this risk. 3.26.2 In agreeing to bear the risk of concealed, unforeseen or unknown conditions and events, Design Build Entity understands that, except and only to the extent provided otherwise in Articles 3.25, and Articles 7 and 8 of the General Conditions, concealed, unforeseen or unknown conditions shall not excuse Design Build Entity from its obligation to achieve full completion of the Work within the Contract Time, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum. 3.26.3 If, as the result of concealed, unforeseen or unknown conditions or events, the City issues a Change Order or Field Order that changes design details from those details depicted in the Criteria Documents, Design Build Entity shall be entitled, subject to compliance with all the provisions of the Contract, including those set forth in Articles 4, 7 and 8 of the General Conditions, to an adjustment of the Contract Sum and/or Contract Time, for the cost and delay resulting from implementing the changes to the design. Except as provided in this Article 3.26.3, or as may be expressly provided otherwise in the Contract, there shall be no adjustment of the Contract Sum and/or Contract Time as a result of concealed, unforeseen or unknown . ....-. conditions or events. 2-15-12 Page 21 of 57 General Conditions c ~~',; CITY OF ~~CARLSBAD Las Palmas Renovations Project No. 4207 CAL!I·ORNtA 3.26.4 Design Build Entity shall, as a condition precedent to any adjustment in Contract Sum or Contract Time under this Article 3.26.4, fully comply with Article 4 of the General Conditions (including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims). 3.27 INFORMATION AVAILABLE TO PROPOSERS 3.27 .1 Any information provided pursuant to REQUEST FOR PROPOSALS is subject to the following provisions: .1 The information is made available for the convenience of Proposers and is not a part of the Contract. .2 The Design Build Entity may rely on written descriptions of physical conditions included in the information to the extent such reliance is reasonable . . 3 Other components of the information, including but not limited to recommendations, may not be relied upon by Design Build Entity. The City shall not be responsible for any interpretation of or conclusion drawn from the other components of the information by the Design Build Entity. 3.28 LIABILITY FOR AND REPAIR OF DAMAGED WORK 3.28.1 Design Build Entity shall be liable for any and all damages and losses to the Project (whether by fire, theft, vandalism, earthquake, flood or otherwise) prior to the City's acceptance of the Project as fully completed except that Design Build Entity shall not be liable for earthquake in excess of magnitude 3.5 on the Richter Scale, tidal wave, or flood, provided that the damages or losses were not caused in whole or in part by the negligent acts or omissions of Design Build Entity, its officers, agents or employees (including all Subcontractors and suppliers of all tiers). As used herein, "flood" shall have the same meaning as in the builder's risk property insurance. 3.28.2 Design Build Entity shall promptly repair and replace any Work or materials damaged or destroyed for which the Design Build Entity is liable under Article 3.28.1 above. 3.28.3 Notwithstanding the Design Build Entity's financial liability for any damage or losses that may or may not be covered by the builder's risk property insurance provided hereunder, the Design Build Entity shall promptly repair and replace any Work or materials damaged or destroyed during the term of this Project and work to maintain or recover the project schedule. The Design Build Entity shall be responsible to protect the site and segregate all costs associated with any required corrective action, including costs to expedite material and work overtime as necessary to maintain the schedule. 3.29 INDEMNIFICATION 3.29.1 Design Builder 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 Design Builder 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. 3.29.2 Design Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design Builder, and Design Builder will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for the City, if the City requests separate counsel. 3.29.3 Design Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design Builder, arising in whole or in part from alleged inaccuracies or misrepresentation by the Design Builder, whether intentional or otherwise, and Design Builder will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for the City, if the City requests separate counsel. 3.29.4 Design Builder shall also defend and indemnify the City against any attempts by Design Builder's insurance carriers to recover or subrogate against the City for any and all losses arising in connection with Design Builder's performance of work or services under the Contract covered by the insurance 3.29.5 Design Build Entity shall indemnify, defend and hold harmless the City, it's officials, employees, volunteers, City's consultants, City's Representative, City's Representative's consultants, and their respective directors, officers, 2-15-12 Page 22 of 57 General Conditions c <,(~ec CIT V 0 F ~CARLSBAD Las Palmas Renovations Project No. 4207 CALII·ORNIA agents, and employees from and against losses (including without limitation the cost of repairing defective work and remedying the consequences of defective work) arising out of, resulting from, or relating to the following: .1 The failure of Design Build Entity to perform its obligations under the Contract. .2 The inaccuracy of any representation or warranty by Design Build Entity given in accordance with or contained in the Contract Documents . . 3 Any claim of damage or loss by any Subcontractor against the City arising out of any alleged act or omission of Design Build Entity or any other Subcontractor, or anyone directly or indirectly employed by Design Build Entity or any Subcontractor . .4 Any claim of damage or loss resulting from Hazardous Materials introduced, discharged, or disturbed by Design Build Entity as required per Article 3.10.7. 3.29.6 The City shall not be liable or responsible for any accidents, loss, injury (including death) or damages happening or accruing during the term of the performance of the Work herein referred to or in connection therewith, to persons and/or property, and Design Build Entity shall fully indemnify, defend and hold harmless the City and protect the City from and against the same as provided in paragraph 3.29.1 above. In addition to the liability imposed by law upon the Design Build Entity for damage or injury (including death) to persons or property by reason of the negligence of the Design Build Entity, its officers, agents, employees or Subcontractors, which liability is not impaired or otherwise affected hereby, the Design Build Entity shall defend, indemnify, hold harmless, release and forever discharge the City, its officers, employees, and agents from and against and waive any and all responsibility of same for every expense, liability, or payment by reason of any damage or injury (including death) to persons or property suffered or claimed to have been suffered through any negligent act, omission, or willful misconduct of the Design Build Entity, its officers, agents, employees, or any of its Subcontractors, or anyone directly or indirectly employed by either of them or from the condition of the premises or any part of the premises while in control of the Design Build Entity, its officers, agents, employees, or any of its Subcontractors or anyone directly or indirectly employed by either of them, arising out of the performance of the Work called for by this Contract. Design Build Entity agrees that this indemnity and hold harmless shall apply even in the event of negligence of the City, its officers, agents, or employees, regardless of whether such negligence is contributory to any claim, demand, loss, damage, injury, expense, and/or liability; but such indemnity and hold harmless shall not apply (i) in the event of the sole negligence of the City, its officers, agents, or employees; or (ii) to the extent that the City shall indemnify and hold harmless the Design Build Entity for Hazardous Materials pursuant to Article 3.1 0.6. 3.29.7 In claims against any person or entity indemnified under this Article 3.29 that are made by an employee of Design Build Entity or any Subcontractor, a person indirectly employed by Design Build Entity or any Subcontractor, or anyone for whose acts Design Build Entity or any Subcontractor may be liable, the indemnification obligation under this Article 3.28 shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for Design Build Entity or any Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. 3.29.8 The indemnification obligations under this Article 3.29 shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty. 3.29.9 Design Build Entity shall indemnify the City from and against losses resulting from any claim of damage made by any Separate Contractor against the City arising out of any alleged acts or omissions of Design Build Entity, any Subcontractor, anyone directly or indirectly employed by either of them, or anyone for whose acts either of them may be liable. 3.29.10 Design Build Entity shall indemnify Separate Contractor from and against losses arising out of the negligent acts, omissions, or willful misconduct of Design Build Entity, any Subcontractor, anyone directly or indirectly employed by either of them, or anyone for whose acts either of them may be liable. 3.29.11 Design Build Entity shall indemnify, defend, and hold harmless the City and its officers, employees, agents, 2-15-12 volunteers, and representatives (collectively, "Indemnitee"), against all liability, demands, claims, costs, damages, injury including death, settlements, and expenses (including without limitation, interest and penalties) incurred by Indemnitee arising out of the performance of services or Design Build Entity's other obligations under this Contract, but only in proportion to and to the extent such losses are caused by or result from (1) the negligent acts or omissions of Design Build Entity, its officers, agents, employees, subcontractors, consultants, or any person or entity for whom Page 23 of 57 General Conditions c <<~> CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 Design Build Entity is responsible (collectively, "Indemnitor''); (2) the breach by Indemnitor of any of the provisions of this Contract; or (3) willful misconduct by Indemnitor. 3.29.12 The indemnification obligations under this Article 3.28 shall not be limited by any assertion or finding that (1) the person or entity indemnified is liable by reason of non-delegable duty, or (2) the losses were caused in part by the negligence of, breach of contract by, or violation of law by Indemnitee. The obligation to defend shall arise regardless of any claim or assertion that Indemnitee caused or contributed to the losses. Indemnitor's reasonable defense costs (including attorney and expert fees) incurred in providing a defense for lndemnitees shall be reimbursed by the City except to the extent such defense costs arise, under principles of comparative fault, from Indemnitor's (a) negligent acts or omissions; (b) breach of any of the provisions of this Contract; or (c) willful misconduct. 3.29.13 Design Build Entity shall indemnify, defend, and save harmless Indemnitee from and against all loss, cost, expense, royalties, claims for damages or liability, in law or in equity, including, without limitation, attorney's fees, court costs, and other litigation expenses that may at any time arise or be set up for any infringement (or alleged infringement) of any patent, copyright, trade secret, trade name, trademark or any other proprietary right of any person or entity in consequence of the use on the Project by Indemnitee of the Design Materials or Construction Documents (including any method, process, product, concept specified or depicted) supplied by Indemnitor in the performance of this Contract. 3.29.14 Nothing in this Contract, including the provisions of this Article 3, shall constitute a waiver or limitation of any rights which Indemnitee may have under applicable law, including without limitation, the right to implied indemnity. 3.29.15 Design Builder's defense and indemnity obligation herein includes, but is not limited to lawsuits, damages, fines, penalties, attorney's fees and costs arising from claims under the Americans With Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Design Builder's Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor's construction of the improvements. 3.30 STREET CLOSURES, DETOURS, BARRICADES 3.30.1 The Design Builder shall comply with all applicable State, County, and City requirements for closure of streets. The Design Builder shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Design Builder shall be responsible for compliance with additional public safety requirements which may arise. The Design Builder shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Design Builder shall notify the following: .1 The Civic Projects Manager .2 Carlsbad Fire Department Dispatch .3 Carlsbad Police Department Dispatch .4 Carlsbad Traffic Signals Maintenance .5 Carlsbad Traffic Signals Operations .6 North County Transit District .7 Waste Management (760) 434-2949 (858) 757-3006 (760) 931-2197 (760) 434-2980 (760) 602-7504 (760) 967-2828 (760) 929-9400 The Design Builder shall comply with these requirements. The Design Builder shall obtain the City's Representative's written approval prior to deviating from the requirements of 3.30.1.2 through .7 above. The Design Builder shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Design Builder shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Design 2-15-12 Page 24 of 57 General Conditions c <<~'1\ CITY OF ~CARLSBAD CALI!·ORNIA Las Palmas Renovations Project No. 4207 Builder shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Design Builder fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the City's Representative may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Design Builder twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 3.31 ALLOWANCES/CONTRACTOR CONTROLLED CONTINGENCY 3.31.1. The Design Builder shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as chosen by the Design Builder and the City in the Subcontractor Selection process defined in the Technical Proposal. 3.31.2 Allowances shall cover the cost to the Design Builder or materials and equipment delivered at the site and all required taxes, less applicable discounts .. 3.31.3 Whenever qualified costs are more or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, as per the Change Order process defined herein. These credits/costs will include overhead, profit, insurance, taxes, and all other burdens, 3.31.4 The City reserves the right to cancel an allowance and not execute any of the work defined in that allowance. All costs shown for the allowance plus all overhead, profit, insurance, taxes, and any other indirect costs shall be reimbursed to the City. 3.31.5 All unused portions of the Contractor Controlled contingency (as shown on the Bid Spread Sheet Form from the Price Proposal) shall be returned to the City at the completion of the project. ARTICLE4 ADMINISTRATION OF THE CONTRACT 4.1 ADMINISTRATION OF THE CONTRACT BY THE CITY'S REPRESENTATIVE 4.1.1 The City's Representative will provide limited administration of the Contract as provided in the Contract Documents and will be the representative of the City. The City's Representative will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City shall designate, from time to time, one or more representatives authorized to act on the City's behalf with respect to the Project, together with the scope of his/her respective authority. Functions for which this Contract provides will be performed by the City may be delegated by the City only by written notice to the Design Build Entity from the City. The Design Build Entity shall not be entitled to rely on directions (nor shall it be required to follow the directions) from anyone outside the scope of that person's authority as set forth in written authorization pursuant to this Contract. Directions and decisions made by the City's Representative within his/her respective authority shall be binding on the City. 4.1.2 During the term of this Contract, the City's Representative shall have the right to review Design Build Entity's Design Professionals' Work at such intervals as deemed appropriate by the City's Representative. However, no actions taken during such review or site visit by the City's Representative shall relieve Design Build Entity of any of its obligations of single-point responsibility for the design and construction of this Project, nor form the basis for a Claim if such actions extend the Contract Completion Date beyond the Contract Time. 4.1.3 The City's Representative will not have control over, will not be in charge of, and will not be responsible for design or construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely Design Build Entity's responsibility. 4.1.4 Except as otherwise provided in the Contract Documents or when direct communications have been specifically authorized, the City and Design Build Entity shall communicate through the City's Representative. Except when direct communication has been specifically authorized in writing by the City's Representative, communications by Design Build Entity with the City's consultants and City's Representative's consultants shall be through the City's Representative. Communications by the City and City's Representative with Subcontractors will be through Design Build Entity. Communications by Design Build Entity and Subcontractors with Separate Contractors shall be through the City's Representative. Design Build Entity shall not rely on oral or other non-written communications. 2-15-12 Page 25 of 57 General Conditions c \(~;: CITY OF ~CARLSBAD CAL!IOKN!A Las Palmas Renovations Project No. 4207 4.1.5 Based on the City's Representative's Project site visits, review of Design Work, and evaluations of Design Build Entity's Applications For Payment, the City's Representative will recommend amounts, if any, due Design Build Entity and will issue Certificates For Payment in such amounts. 4.1.6 The City's Representative will have the authority to reject the Work, or any portion thereof, which does not conform to the Contract Documents. The City's Representative will have the authority to stop the Work, or any portion thereof. Whenever the City's Representative considers it necessary, or advisable, for implementation of the intent of the Contract Documents, the City's Representative will have the authority to require additional inspection or testing of the Work in accordance with the Contract Documents, whether or not such Work is fabricated, installed, or completed. However, neither authority of the City's Representative conferred by the Contract Documents nor any decision made in good faith either to exercise, or to not exercise such authority, will give rise to a duty or responsibility of the City or City's Representative to Design Build Entity, or any person or entity claiming under, or through, Design Build Entity. 4.1 . 7 The City's Representative will have the authority to conduct inspections as provided in the Contract Documents, to take Beneficial Occupancy and to determine the dates of Substantial Completion and Final Completion; will receive for review and approval any records, written warranties, and related documents required by the Contract Documents and assembled by Design Build Entity; and will issue a final Certificate For Payment upon Design Build Entity's compliance with the requirements of the Contract Documents. 4.1.8 The City's Representative will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of performance thereunder by Design Build Entity. Should Design Build Entity discover any conflicts, omissions, or errors in the Construction Documents or the Contract Documents; have any questions about the interpretation or clarification of the Contract Documents; question whether Work is within the scope of the Contract Documents; then, before proceeding with the Work affected, Design Build Entity shall notify the City's Representative in writing and request interpretation, or clarification. The City's Representative's response to questions and requests for interpretations, clarifications, instructions, or decisions will be made with reasonable promptness. Should Design Build Entity proceed with the Work affected before receipt of a response from the City's Representative, any portion of the Work which is not done in accordance with the City's Representative's interpretations, clarifications, instructions, or decisions shall be removed or replaced and Design Build Entity shall be responsible for all resultant losses. 4.2 DESIGN BUILDER CHANGE ORDER 4.2.1 Design Build Entity may request changes to the Contract Sum and/or Contract Time for Extra Work, materially differing site conditions, or delays to Final Completion of the Work. 4.2.2 Conditions precedent to obtaining an adjustment of the Contract Sum and/or Contract Time payment of money, or other relief with respect to the Contract Documents, for any other reason, are: .1 Timely submission of a Change Order Request that meets the requirements of Articles 4.2.3.1 and 4.2.3.2 below; and .2 If requested, timely submission of additional informational requested by the City's Representative pursuant to Article 4.2.3.3 below. 4.2.3 Change Order Request: 4.2.3.1 A Change Order Request will be deemed timely submitted if, and only if, it is submitted within 7 days of the date the Design Build Entity discovers, or reasonably should discover the circumstances giving rise to the Change Order Request, unless additional time is allowed in writing by the City's Representative for submission of the Change Order Request, provided that if: .1 The Change Order Request includes compensation sought by a Subcontractor; AND .2 The Design Build Entity requests in writing to the City's Representative, within the 7-day time period, additional time to permit Design Build Entity to conduct an appropriate review of the Subcontractor Change Order Request, then the time period for submission of the actual Change Order Request shall be extended by the number of days specified in writing by the City's Representative. 4.2.3.2 A Change Order Request must state that it is a Change Order Request, state and justify the reason for the request, and specify the amount of any requested adjustment of the Contract Sum, Contract Time, and/or other monetary relief. If the 2-15-12 Page 26 of 57 General Conditions c <.<~' CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 CAL!10RN!A Design Build Entity requests an adjustment to the Contract Sum or other monetary relief, the Design Build Entity shall submit the following with the Change Order Request: .1 A completed Cost Proposal in the form contained in the Price Proposal Exhibits meeting the requirements of Article 7 of the General Conditions; OR .2 A partial Cost Proposal and a declaration of what required information is not then known to Design Build Entity. If Design Build Entity failed to submit a completed Cost Proposal with the Change Order Request, Design Build Entity shall submit a completed Cost Proposal meeting the requirements of Article 7 within 7 days of the date the Design Build Entity submitted the Change Order Request unless additional time is allowed by the City's Representative. 4.2.3.3 Upon request of the City's Representative, Design Build Entity shall submit such additional information as may be requested by the City's Representative for the purpose of evaluating the Change Order Request. Such additional information may include: .1 If Design Build Entity seeks an adjustment of the Contract Sum or other monetary relief, actual cost records for any changed or extra costs (including without limitation, payroll records, material and rental invoices and the like), shall be submitted by the deadline established by the City's Representative, who may require such actual cost records to be submitted and reviewed, on a daily basis, by the City's Representative and/or representatives of the City's Representative . . 2 If Design Build Entity seeks an adjustment of the Contract Time, written documentation demonstrating Design Build Entity's entitlement to a time extension under Article 8.4, which shall be submitted within 15 days of the date requested unless the City's Representative requires an earlier submission. If requested, Design Build Entity may submit documentation in support of its request for a time extension. The City may, but is not obligated to, grant a time extension. If deemed appropriate by the City's Representative, Design Build Entity shall submit a more detailed schedule analysis in support of its request for a time extension . . 3 If Design Build Entity seeks an adjustment of the Contract Sum or other monetary relief for delay, written documentation demonstrating Design Build Entity's entitlement to such an adjustment under Article 7.3.9 of the General Conditions, which shall be submitted within 15 days of the date requested . .4 Any other information requested by the City's Representative for the purpose of evaluating the Change Order Request, which shall be submitted by the deadline established by the City's Representative. 4.2.4 The City's Representative will make a decision on a Change Order Request, within a reasonable time, after receipt of a Change Order Request. In the event the Change Order Request is submitted pursuant to Article 8.4.1, the City's Representative shall promptly review and accept or reject it within thirty (30) days. A final decision is any decision on a Change Order Request which states that it is final. If the City's Representative issues a final decision denying a Change Order Request in whole or in part, Design Build Entity may contest the decision by filing a timely Claim under the procedures specified in Article 4.3 of the General Conditions. 4.2.5 Design Build Entity may file a written demand for a final decision by the City's Representative on all or part of any Change Order Request as to which the City's Representative has not previously issued a final decision pursuant to Article 4.2.4 of the General Conditions; such written demand may not be made earlier than the 30th day after submission of the Change Order Request. Within 30 days of receipt of the demand, the City's Representative will issue a final decision on the Change Order Request. The City's Representative's failure to issue a decision within the 30-day period shall be treated as the issuance, on the last day of the 30-day period, of a final decision to deny the Change Order Request in its entirety. 4.3 CLAIMS 4.3.1 The term "Claim" means a written demand or assertion by Design Build Entity seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and Design Build Entity arising out of or related to the Contract Documents or the performance of the Work. However, conditions listed below are not included in the term "Claim", and are not included in the Claims procedures provided under this Article 4, .1 Claims regarding penalties for forfeitures prescribed by statute or regulation that a government agency is specifically authorized to administer, settle, or determine. 2-15-12 Page 27 of 57 General Conditions «~ ,; C I T Y 0 F ~CARLSBAD Las Palmas Renovations Project No. 4207 CAlli-ORNIA .2 Claims regarding personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death . . 3 Claims by the City, except as set forth in Article 4.7.4 of the General Conditions . .4 Claims respecting stop notices. 4.3.2 A Claim arises upon the issuance of a written final decision denying in whole or in part Design Build Entity's Change Order Request pursuant to Article 4.2.4 of the General Conditions. 4.3.3 A Claim must include the following: .1 A statement that it is a Claim and a request for a decision pursuant to Article 4.5 of the General Conditions . . 2 A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of work affected . . 3 A certification, executed by Design Build Entity, that the claim is filed in good faith. The certification must be made on the Claim Certification form, included in the Standard Forms to the Contract. The language of the Claim Certification form may not be modified . .4 A certification, executed by each Subcontractor claiming more than 5% of the total monetary amount sought by the claim, that the Subcontractor's portion of the claim is filed in good faith. The certification must be made on the Claim Certification form, included in the Standard Forms to the Contract. The language of the Claim Certification form may not be modified . . 5 A statement demonstrating that a Change Order Request was timely submitted as required by Article 4.2.4 of the General Conditions . . 6 If a Cost Proposal or declaration was required by Article 4.2.3 of the General Conditions, a statement demonstrating that the Cost Proposal or the declaration was timely submitted as required by Article 4.2.3 of the General Conditions . . 7 A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: 2-15-12 .1 If the Claim involves Extra Work, an estimate of the costs must of the amounts claimed, including the items specified in Article 7.3.2 of the General Conditions. The cost breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including without limitation, payroll records, material and rental invoices and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a month during any periods costs are incurred. A cost record will be considered current if submitted within 30 days of the date the cost reflected in the record is incurred. At the request of the City's Representative, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged Extra Work on a daily basis). The cost breakdown must include an itemization of costs fori) labor including names, classifications, regular hours and overtime hours worked, dates worked, and other pertinent information; ii) materials stored or incorporated in the work including invoices, purchase orders, location of materials either stored or incorporated into the work, dates materials were transported to the project or incorporated into the work, and other pertinent information; and iii) itemization of machinery and equipment including make, model, hours of use, dates of use and equipment rental rates of any rented equipment. .2 The Design Build Entity shall be responsible for all errors and omissions contained within the Construction Documents . . 3 If the Claim involves an extension of the Contract Time, written documentation demonstrating the Design Build Entity's entitlement to a time extension under Article 8.4 of the General Conditions, including the Page 28 of 57 General Conditions c c \(~,; CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 CALJI·ORNIA specific dates for which a time extension is sought and the specific reasons for entitlement of a time extension . .4 If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Design Build Entity's entitlement to such an adjustment under Article 7.3.9 of the General Conditions, including but not limited to, a detailed time impact analysis of the Contract Schedule. The Contract Schedule must demonstrate Design Build Entity's entitlement to such an adjustment under Article 7 .3.9 of the General Conditions. 4.4 ASSERTION OF CLAIMS 4.4.1 Claims by Design Build Entity shall be first submitted to the City's Representative for decision. 4.4.2 Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by the City's Representative, Design Build Entity shall not cause any delay, cessation, or termination in or of Design Build Entity's performance of the Work, but shall diligently proceed with performance of the Work in accordance with the Contract Documents. 4.4.3 Design Build Entity shall submit a Claim in writing, together with all supporting data specified in Article 4.3.3 of the General Conditions, to the City's Representative as soon as possible but not later than 30 days after the date the Claim arises under Article 4.3.2 of the General Conditions, provided that after written notification to the City's Representative within such time period, the time period for submission of the Claim shall be extended by the number of days specified in writing by the City's Representative where the Claim includes compensation sought by a Subcontractor and the Design Build Entity requests an extension of time to permit it to discharge its responsibilities to conduct an appropriate review of the Subcontractor claim. 4.4.4 Design Build Entity agrees that strict compliance with the requirements of Articles 4.2, 4.3, and 4.4 of the General Conditions are conditions precedent to Design Build Entity's right to arbitrate or litigate a Claim. Design Build Entity specifically agrees to assert no Claims in arbitration or litigation unless there has been strict compliance with Articles 4.2, 4.3, and 4.4 of the General Conditions. The failure of Design Build Entity to strictly comply with the requirements of Articles 4.2, 4.3 and 4.4 of the General Conditions constitutes a failure by Design Build Entity to exhaust its administrative remedies with the City, thereby denying any court or arbitration panel of jurisdiction to adjudicate the Claim. 4.5 DECISION OF CITY'S REPRESENTATIVE ON CLAIMS 4.5.1 The City's Representative will timely review Claims submitted by Design Build Entity. If the City's Representative determines that additional supporting data are necessary to fully evaluate a Claim, the City's Representative will request such additional supporting data in writing. Such data shall be furnished no later than 10 days after the date of such request. the City's Representative will render a decision promptly and in any case within 30 days after the later of the receipt of the Claim or the deadline for furnishing such additional supporting data; provided that, if the amount of the Claim is in excess of $50,000, the aforesaid 30-day period shall be 60 days. Failure of the City's Representative to render a decision by the applicable deadline will be deemed a decision denying the Claim on the date of the deadline. The decision of the City's Representative will be final and binding unless appealed in accordance with Articles 4.5.2, and 4.5.3,of the General Conditions. The City's Representative's decision on a Claim or dispute will include a statement substantially as follows: "This is a decision under Article 4.5 of the General Conditions of your contract. If you are dissatisfied with the decision, and if you complied with the procedural requirements for asserting claims specified in Article 4 of the General Conditions of your contract, you must follow the procedures in Article 4.7. If you fail to take appropriate action with 30 days of the date of this decision, the decision shall become final and binding and not subject to further appeal." 4.5.2 If either Design Build Entity or the City disputes the City's Representative's decision on a Claim, such party (the "Disputing Party") must either provide a written notice its election to proceed under Article 4.7 within 30 days after the decision of the City's Representative or, if no decision has been issued, within 30 days from the date of the applicable deadline in Article 4.5.1 of the General Conditions for the City's Representative to render a decision. 2-15-12 Page 29 of 57 General Conditions <._(~•c CITY OF ~CARLSBAD CAL!l·ORNIA Las Palmas Renovations Project No. 4207 4c5.3 If a notice of election to proceed under Article 4.7 is not given by either party within 30 days after the decision of the City's Representative, the City's Representative's decision on the Claim will be final and binding and not subject to appeal or challenge. 4.5.4 NOT USED 4.5.5 Any dispute which cannot be resolved between the parties shall be resolved through litigation filed in the Superior Court of the State of California, in the County of San Diego. Design Build Entity agrees to incorporate this provision into all subcontracts. 4.5.6 The parties will attempt in good faith to resolve any controversy or Claim arising out of or relating to this Contract by negotiation. 4. 6 NOT USED 4. 7 DISPUTE RESOLUTION 4.7.1 Claims between the City and the Design Build Entity of $375,000 or less shall be resolved in accorance with the procedures establised in Part 3, Chapter 1, Article 1.5 off the California Public Contract Code,§§ 20104 et seq.; provided however that California Public Contract Code § 20104.2 shall not supersede the requirements of the Contract Documents with respect to the Contractor's notification to the City of such claim or extend the time for giving of such notice as provideded in the Contract Documents. 4.7.2 Except as provided in Article 4.7.2 any other claims, disputes or other matters in controversy shall be resolved as follows. In lieu of, or prior to litigation, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association then in effect unless the parties mutualy agree otherwise to '"'<'~ a different method of alternative dispute resolution. c 4.8 WAIVER 4.8.1 A waiver of, or failure by, the City or City's Representative to enforce any requirement in this Article 4, including, without limitation, the requirements in Articles 4.2, 4.3, 4.4, and 4.5 in connection with any Claim shall not constitute a waiver of, and shall not preclude the City or City's Representative from enforcing, such requirements in connection with any other Claims. 4.8.2 The Design Build Entity agrees and understands that no oral approval, either express or implied, of any Claim shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order. ARTICLES SUBCONTRACTORS 5.1 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.1.1 Design Build Entity shall submit to the City's Representative an updated Expanded List of Subcontractors (see contract Standard Forms) along with their respective addresses, telephone numbers, e-mail addresses and Design Builder's license numbers. The Expanded List of Subcontractors shall be provided no later than thirty (30) days after the date which the City provides Letter of Design Review. If the Project is to proceed on a fast track/phased basis as identified in the exhibits, then a Letter of Design Review will be issued by the City for each such design submittal associated with a particular phase and identified in the Standard Forms. Failure to identify Subcontractors within the time period(s) above shall commit the Design Build Entity to carrying out the Construction Work with its own forces. 5.1.2 The City has the right to request all documentation that supports the Design Build Entity's selection of a Subcontractor. The City shall have the right of final approval as to the qualification(s) of a Subcontractor to perform its designated scope of work. Within the City's sole discretion, any Subcontractor may be deemed not qualified to perform work on the Project if the City or City's Representative determines that the Subcontractor fails to meet the requirements of the Contract Documents, or for any other reason. 2-15-12 Page 30 of 57 General Conditions c CALll·ORNIA Las Palmas Renovations Project No. 4207 5.1.3 The Subcontractors listed by Design Build Entity shall only be substituted in strict accordance with the "Subletting and Subcontracting Fair Practices Act" and upon the written consent of the City. Only upon compliance with the "Subletting and Subcontracting Fair Practices Act" and with the written consent of the City shall a substitution be made. 5.1.4 Any increase in the cost of the Work resulting from the replacement or substitution of a Subcontractor pursuant to above Article 5.1.3 or as required by the City or City's Representative pursuant to above Article 5.1.2, shall be borne solely by Design Build Entity. Design Build Entity shall not be entitled to any increase in Contract Sum or an extension of Contract Time due to such replacement or substitution. 5.2 SUBCONTRACTUAL RELATIONS 5.2.1 Any part of the Work performed for Design Build Entity by a first-tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require the Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to Design Build Entity by the terms and conditions of the Contract Documents between the City and the Design Builder, to assume toward Design Build Entity all the obligations and responsibilities which Design Build Entity assumes towards the City by the Contract Documents, and to perform such portion of the Work in accordance with the Contract Documents. Each such subcontract shall preserve and protect the rights of the City under the Contract Documents, with respect to the Work to be performed by Subcontractor, so that subcontracting thereof will not prejudice such rights. Design Build Entity shall cause each such subcontract to expressly include the following requirements: .1 Subcontractor waives all rights that Subcontractor may have against the City for damages caused by fire or other perils covered by builder's risk property insurance carried by Design Build Entity or the City, except for such rights Subcontractor may have to the proceeds of such insurance held by the City under Article 11 of the General Conditions . . 2 The City, and entities and agencies designated by the City, will have access to and the right to audit and the right to copy, at City's cost, all of Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, and memoranda relating to the Work. Subcontractor shall preserve all such records and other items for a period of at least 3 years after Final Completion . . 3 Subcontractor recognizes the rights of the City under Article 5.3 of the General Conditions, Contingent Assignment of Subcontracts, and agrees, upon notice from the City that the City has elected to accept said assignment and to retain Subcontractor pursuant to the terms of the subcontract, to complete the unperformed obligations under the subcontract and, if requested by the City, to execute a written agreement confirming that Subcontractor is bound to City under the terms of the subcontract. .4 Design Build Entity is responsible for reviewing and coordinating the Work of and among his Subcontractors and Design Professionals. This review and coordination includes, but is not limited to, resolution of any inconsistencies, errors or omissions . . 5 Bonds and Insurance between any Subcontractor and Design Builder is between the two parties and the responsibility of the two parties. 5.2.2 Upon the request of the City, Design Build Entity shall promptly furnish to the City a true, complete, and executed copy of any subcontract. 5.2.3 Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and City, except when, and only to the extent that, the City elects to accept the assignment of the subcontract with such Subcontractor pursuant to Article 5.3 of the General Conditions, Contingent Assignment of Subcontracts. 5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.3.1 Design Build Entity hereby assigns to the City all its interest in first-tier subcontracts now or hereafter entered into by Design Build Entity for performance of any part of the Work. The assignment will be effective upon acceptance by the City in writing and only as to those subcontracts which the City designates in writing. The City may accept said assignment at any time during the course of the Work and prior to Final Completion in the event of a suspension or termination of Design Build Entity's rights under the Contract Documents. Such assignment is part of the consideration to the City for entering into the Contract ,...., with Design Build Entity and may not be withdrawn prior to Final Completion. '-" 2-15-12 Page 31 of 57 General Conditions c ~"cARLSBAD CAL!IORNIA ARTICLES CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS Las Palmas Renovations Project No. 4207 6.1 THE CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The City reserves the right to award separate contracts for, or to perform with its own forces, construction or operations related to the Work or other construction or operations at or affecting the Project site, including portions of the Work which have been deleted by Change Order. Design Build Entity shall cooperate with the City's forces and Separate Contractors. 6.1.2 The City will provide coordination of the activities of the City's forces and of each Separate Contractor with the Work of Design Build Entity. Design Build Entity shall participate with the City and Separate Contractors in joint review of construction schedules and Project requirements when directed to do so. Design Build Entity shall make necessary revisions to the Contract Schedule after such joint review. 6.2 MUTUAL RESPONSIBILITY 6.2.1 Design Build Entity shall afford the City and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities. Design Build Entity shall connect, schedule, and coordinate its construction and operations with the construction and operations of the City and Separate Contractors as required by the Contract Documents. 6.2.2 If a portion of the Work is dependent upon the proper execution or results of other construction or operations by the City or Separate Contractors, Design Build Entity shall inspect such other design or construction or operations before proceeding with that portion of the Work. Design Build Entity shall promptly report to the City's Representative apparent discrepancies or defects which render the other design, construction or operations unsuitable to receive the Work. Unless otherwise directed by the City's Representative, Design Build Entity shall not proceed with the portion of the Work affected until apparent discrepancies or defects have been corrected. Failure of Design Build Entity to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgment that the other construction or operations by the City or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable. 6.3 CITY'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between Design Build Entity and Separate Contractors as to the responsibility under their respective contracts for maintaining the Project site and surrounding areas free from waste materials and rubbish, the City may clean up and allocate the cost between those firms it deems to be responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 The City may, from time to time, order or authorize additions, deletions, and other changes in the Work by Change Order or Field Order without invalidating the Contract and without notice to sureties. Absence of such notice shall not relieve such sureties of any of their obligations to the City. 7.1.2 Design Build Entity may request a Change Order under the procedures specified in Article 4.2 of the General Conditions. 7.1.3 A Field Order may be issued by the City, does not require the agreement of Design Build Entity, and shall be valid with or without the signature of Design Build Entity. 7 .1.4 Design Build Entity shall proceed promptly with any changes in the Work, unless otherwise provided in the relevant Change Order or Field Order. 2-15-12 Page 32 of 57 General Conditions «~~!~ CITY OF ~CARLSBAD CALII·ORNIA 7.2 CHANGES DEFINITIONS Las Pa/mas Renovations Project No. 4207 7.2.1 A Change Order is a Contract Document (as shown in the Standard Forms) which has been signed by both the City and Design Build Entity, and states their agreement, as applicable, to any of the following: .1 A change in the Worlc .2 The amount of an adjustment of the Contract Sum . . 3 The amount of an adjustment of the Contract Time . .4 A modification to any other Contract term or condition. 7.2.2 A Unilateral Change Order may also be issued by the City, without Design Build Entity's signature, where the City determines that a change in the Work requires an adjustment of the Contract Sum or Contract Time as the City believes to be properly due Design Build Entity, even though no agreement has been reached between the City and Design Build Entity with regard to such change in the Work. 7.2.3 A Field Order (as shown in the Standard Forms) is a Contract Document issued by the City that orders the Design Build Entity to perform Work. A Field Order may, but need not, constitute a change in the Work and may, but need not, entitle Design Build Entity to an adjustment of the Contract Sum or Contract Time. 7.3 CHANGE ORDER PROCEDURES 7.3.1 Design Build Entity shall provide a Change Order Request and Cost Proposal pursuant to Article 4.2 of the General Conditions and this Article 7.3. Adjustments of the Contract Sum resulting from Extra Work and Deductive Work shall be determined using one of the methods described in this Article 7 .3. Adjustments of the Contract Time shall be subject to the provisions in Article 8 of the General Conditions. Design Build Entity's obligation to provide Cost Proposals shall be subject to the following: .1 The obligation of Design Build Entity to provide Cost Proposals is not Extra Work, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum or Contract Time . . 2 The failure of Design Build Entity to timely provide a Cost Proposal pursuant to Article 4.2 of the General Conditions and this Article 7.3.1 is a material breach of the Contract. Design Build Entity shall be responsible for any delay in implementing a change for which Design Build Entity failed to timely provide a Cost Proposal consistent with the requirements of Article 4.2 of the General Conditions and this Article 7.3.1. 7 .3.2 The term "Cost of Extra Work" as used in this Article 7.3 shall mean actual costs incurred or to be incurred by Design Build Entity and each Subcontractor regardless of tier involved, to the extent not otherwise disallowed under Article 7.3.3, and shall be limited to the following (to the extent the Design Build Entity demonstrates that the costs are both reasonable and actually incurred, if such costs have been incurred): .1 Straight-time wages or salaries for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work . . 2 Fringe Benefits and Payroll Taxes for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work. Except: Bonuses, cell phone units and portable computers, entertainment, etc . . 3 Overtime wages or salaries, specifically authorized in writing by the City's Representative, for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work . .4 Fringe Benefits and Payroll Taxes for overtime Work specifically authorized in writing by the City's Representative, for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work . . 5 Costs of materials and consumable items which are furnished and incorporated into the Extra Work, as approved by the City's Representative. Such costs shall be charged at the lowest price available to the Design Build Entity 2-15-12 Page 33 of 57 General Conditions c c Las Palmas Renovations Project No. 4207 CAL!l·ORNIA but in no event shall such costs exceed competitive costs obtainable from other Subcontractors, suppliers, manufacturers, and distributors in the area of the Project site. All discounts, rebates, and refunds and all returns from sale of surplus materials and consumable items shall accrue to the City and Design Build Entity shall make provisions so that they may be obtained . . 6 Sales taxes on the costs of materials and consumable items which are incorporated into and used in the performance of the Extra Work pursuant to Article 7.3.2.5 above . . 7 Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by the City's Representative, exclusive of hand tools, used directly in the performance of the Extra Work. Such rental charges shall not exceed the current Equipment Rental Rates published by the California Department of Transportation for the area in which the work is performed. Such rental rates are found at http://www.dot.ca.gov/hq/construc/equipmnt.html . Design Build Entity shall attach a copy of said schedule to the Cost Proposal. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work . . 8 Additional costs of royalties and permits due to the performance of the Extra Work . . 9 Cost for revisions in the Construction Documents, when such revisions are inconsistent with approvals or instructions previously given by the City. Revisions made necessary by adjustments in the City's program or project budget such costs to be computed at the hourly rates specified in the Design Professional Rate Schedule in the Contract Documents . . 1 0 The cost for Insurance and Bonds shall be actual and mirror overall contract terms .1 through .9 above. The City and Design Build Entity may agree upon rates to be charged for any of the items listed in this Article 7.3.2. Such agreed upon rates shall be subject to audit pursuant to Article 15.7 of the General Conditions. Design Build Entity shall promptly refund to the City any amounts (including associated mark-ups) in excess of the actual costs of such items. 7.3.3 Cost of Extra Work shall not include any of the following: .1 Superintendent(s).2 Assistant Superintendent(s) .3 Project Engineer(s) .4 Project Manager(s) .5 Scheduler(s) .6 Estimator(s) . 7 Small tools (Replacement value does not exceed $300) .8 Office expenses including staff, materials and supplies . . 9 On-site or off-site trailer and storage rental and expenses . . 10 Site fencing . . 11 Utilities including gas, electric, sewer, water, telephone, facsimile, copier equipment. .12 Data processing personnel and equipment. .13 Federal, state, or local business income and franchise taxes . . 14 Overhead and Profit. .15 Costs and expenses of any kind or item not specifically and expressly included in Article 7.3.2 above . . 16 Costs in Article 7 .3.2. 9 in excess of the hourly rates included in the Design Professional Rate Schedule. 7.3.4 The term "Design Build Entity Fee" shall mean the full amount of compensation, both direct and indirect (including without limitation all overhead and profit), to be paid to Design Build Entity for its own Work and the Work of all Subcontractors, for all costs and expenses not included in the Cost of Extra Work, whether or not such costs and expenses are specifically referred to in Article 7.3.3 above. The Design Build Entity Fee shall not be compounded. 2-15-12 Page 34 of 57 General Conditions c <<~•; CITY OF ~CARLSBAD CALIIORNIA Las Palmas Renovations Project No. 4207 The Design Build Entity Fee shall be computed as follows when the change impacts the Construction Work, or for the portion of the change that is related to Construction Work: .1 Ten percent (10%) of the cost of that portion of the Extra Work to be performed by the Design Build Entity with its own forces . . 2 Ten percent (10%) of the cost of that portion of the Work to be performed by a Subcontractor with its own forces, plus 5% for the Design Build Entity. Total combined Design Build Entity and Subcontractor fee shall not exceed 15% . . 3 Ten percent (10%) of the cost of that portion of the Work to be performed by a sub-Subcontractor with its own forces, or any lower tier of Subcontractor, plus 5% for the Subcontractor, plus 5% for the Design Build Entity. Total combined Design Build Entity, Subcontractor and all sub-Subcontractor fees shall not exceed 20% . .4 Notwithstanding the foregoing, the Design Build Entity Fee for additional Design Work under 7.3.2.9 of the General Conditions shall be 3% of the cost of such additional Design Work performed by a Design Professional. The cost of such additional Design Work shall be computed using the hourly rates in the Standard Forms. The fee for the Design Professional Subcontractors shall be the overhead/profit rate specified in the Design Professional Rate Schedule. 7 .3.5 Compensation for Extra Work shall be computed on the basis of one or more of the following: .1 Where the Work involved is covered by Unit Prices contained in the Contract Documents, by application of the Unit Prices to the quantities of the items involved . . 2 Where the Work involved is not covered in the RFP or by Unit Prices contained in the Contract Documents, by application of the Unit Prices in 2012 RS Means Cost Data multiplied by the quantity to be adjusted multiplied by the appropriate adjustment factor . . 3 Where the Work involved requires revisions to the Construction Documents when such revisions are inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the City's program or project budget, by application of the hourly rates reflected in the Design Professional Rate Schedule . .4 Where Articles 7.3.5.1, 7.3.5.2 and 7.3.5.3 above are not applicable, a mutually agreed upon lump sum supported by a Cost Proposal pursuant to Article 7 .3.1 of the General Conditions . . 5 If the City and Design Build Entity cannot agree upon a lump sum , by Cost of Extra Work plus Design Build Entity Fee applicable to such Extra Work. 7.3.6 As a condition to Design Build Entity's right to an adjustment of the Contract Sum, pursuant to Article 7.3.5.5 above, Design Build Entity must keep daily detailed and accurate records itemizing each element of cost and shall provide substantiating records and documentation, including time cards and invoices. Such records and documentation shall be submitted to and approved by the City's Representative on a daily basis. 7 .3. 7 For Work to be deleted by Change Order, the reduction of the Contract Sum shall be computed on the basis of one or more of the following: .1 Unit Prices stated in the Contract Documents . . 2 Unit Prices agreed upon by the City and Design Build Entity . . 3 Where Unit Prices are not applicable, a lump sum agreed upon by the City and Design Build Entity, based upon the actual costs which would have been incurred in performing the deleted portions of the Work as calculated in accordance with Articles 7.3.2 and 7.3.3 above and supported by a Cost Proposal pursuant to Article 7.3.1 above. 7.3.8 If any one Change involves both Extra Work and Deleted Work in the same portion of the Work, a Design Build Entity Fee will not be allowed if the deductive cost exceeds the additive cost. If the additive cost exceeds the deductive cost, a Design Build Entity Fee will be allowed only on the difference between the two amounts. 2-15-12 Page 35 of 57 General Conditions c <_(~i CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 CAL!!·ORN!A 7.3.9 The Contract Sum will be adjusted for a delay if, and only if, Design Build Entity demonstrates that all of the following four conditions are met: .1 Condition Number One: The delay results in an extension of the Contract Time pursuant to Article 8.4.1 of the General Conditions . . 2 Condition Number Two: The delay is caused solely by one, or more of the following: .1 An error or omission in the Contract Documents caused by the City and not as a result of Design Build Entity's failure to conform to criteria documents, performance standards, Construction Documents, or Contract Documents; or . 2 The City's decision to change the scope of the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or .3 The City's decision to suspend the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or .4 The failure of the City (including the City acting through its consultants, Design Professionals, Separate Contractors or the City's Representative) to perform any Contract obligation where the failure to so perform is not the result of any default or misconduct of the Design Build Entity . . 5 A materially differing site condition pursuant to Article 3.25 of the General Conditions . . 3 Condition Number Three: The delay is not concurrent with a delay that is caused by an event other than those listed in Article 7.3.9.2 above . .4 Condition Number Four: The delay is not caused·, in whole or in part, by an event which occurs during the performance of completing the construction drawings. 7.3.1 0 For each day of delay that meets all four conditions prescribed in Article 7.3.9 above, the Contract Sum will be adjusted by the daily rate included in the Agreement and specifically identified as the rate to be paid to Design Build Entity for Compensable Delays as agreed upon for the applicable Phase. Pursuant to Article 9.7.4 of the General Conditions, said daily rate shall not apply to delays occurring after Substantial Completion. 7.3.11 Except as provided in Articles 7 and 8, Design Build Entity shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. 7.3.12 If for any reason one or more of the conditions prescribed in Article 7.3.9 above is held legally unenforceable, the remaining conditions must be met as a condition to obtaining an adjustment of the Contract Time under Article 7. 3.10 above. 7.4 FIELD ORDERS 7 .4.1 Field Orders issued by the City's Representative shall be subject to the following: .1 A Field Order may state that it does or does not constitute a change in the Work . . 2 If the Field Order states that it does not constitute a change in the Work and the Design Build Entity asserts that the Field Order constitutes a change in the Work, in order to obtain an adjustment of the Contract Sum or Contract Time for the Work encompassed by the Field Order, Design Build Entity must follow all procedures set forth in Article 4 of the General Conditions, starting with the requirement of submitting a timely Change Order Request within 7 days of Design Build Entity's receipt of the Field Order; failure to strictly follow those procedures is a bar to any Claim for an adjustment of the Contract Sum or Contract Time arising from performance of the Work described in the Field Order . . 3 If the Field Order states that it does constitute a change in the Work, the Work described in the Field Order shall be considered Extra Work and the Design Build Entity shall be entitled to an adjustment of the Contract Sum and Contract Time, calculated under and subject to Design Build Entity's compliance with the procedures for verifying and substantiating costs and delays in Articles 7 and 8 of the General Conditions. 2-15-12 Page 36 of 57 General Conditions c CITY OF Las Palmas Renovations Project No. 4207 CARLSBAD CAL!IORN!A .4 In addition, if the Field Order states that it does constitute a change in the Work, the Field Order may or may not contain the City's estimate of adjustment of Contract Sum and/or Contract Time. If the Field Order contains an estimate of adjustment of Contract Sum or Contract Time, the Field Order is subject to the following: .1 The Design Build Entity shall not exceed the City's estimate of adjustment to Contract Sum or Contract Time without written authorization by the City's Representative . . 2 If the Design Build Entity asserts that the change in the Work encompassed by the Field Order may entitle Design Build Entity to an adjustment of Contract Sum or Contract Time in excess of the City's estimate, in order not to be bound by the City's estimate Design Build Entity must follow all procedures set forth in Article 4 of the General Conditions, starting with the requirement of submitting a timely Change Order Request within 7 days of Design Build Entity's receipt of the Field Order; failure to strictly follow those procedures is a bar to any Claim for an adjustment of the Contract Sum or Contract Time, in excess of the City's estimate, arising from performance of the Work described in the Field Order. 7 .4.2 Upon receipt of a Field Order, Design Build Entity shall promptly proceed to perform the Work as ordered in the Field Order notwithstanding any disagreement by the Design Build Entity concerning whether the Work is extra. 7.5 VARIATION IN QUANTITY OF UNIT PRICE WORK 7.5.1 The City has the right to increase or decrease the quantity of any Unit price item for which an estimated quantity is stated in the Bid Form. 7.6 WAIVER 7.6.1 A waiver of, or failure by, the City or City's Representative to enforce any requirement in this Article 7, including, without limitation, the requirements in Articles 7.3.6, 7.3.8, 7.3.9, 7.3.10, 7.3.11, or 7.3.12 in connection with any adjustment of the Contract Sum, will not constitute a waiver of, and will not preclude the City, or City's Representative, from enforcing such requirements in connection with any other adjustments of the Contract Sum. 7.6.2 The Design Build Entity agrees and understands that no oral approval, either express or implied, of any adjustment of the Contract Sum by the City or its agents shall be binding upon the City unless and until such approval is ratified by execution of a written change order. ARTICLES CONTRACT TIME 8.1 COMMENCEMENT OF THE WORK 8.1.1 The date of commencement of the Phase of the Work shall be set forth in the applicable Notice To Proceed. The date of commencement of the Work shall not be postponed by the failure of Design Build Entity, Subcontractors, or of persons or firms for whom Design Build Entity is responsible, to act. 8.2 PROGRESS AND COMPLETION 8.2.1 By signing the Agreement: .1 Design Build Entity represents to the City that the Contract Time is reasonable for performing the Work and that Design Build Entity is able to perform the Work within the Contract Time . . 2 Design Build Entity agrees that the City is purchasing the right to have the Design Build Entity present on the Project site for the full duration of the Contract Time applicable to the Construction Phase, even if Design Build Entity could finish the Contract in less than the Contract Time. 8.2.2 Design Build Entity shall not, except by agreement or instruction of the City in writing, commence operations on the ,.,.._ Project site or elsewhere prior to the effective date of insurance required by Article 11 of the General Conditions to be furnished ~ by Design Build Entity. The dates of commencement and Final Completion of the Work shall not be changed by the effective date of such insurance. 2-15-12 Page 37 of 57 General Conditions «~" CITY OF ~CARLSBAD (ALII·ORN\A Las Palmas Renovations Project No. 4207 8.2.3 Design Build Entity shall proceed expeditiously with adequate forces and shall achieve Final Completion of the Work within the Contract Time. If the City's Representative determines and notifies Design Build Entity that Design Build Entity's progress is such that Design Build Entity will not achieve Final Completion of the Work within the Contract Time, Design Build Entity shall immediately and at no additional cost to the City, take all measures necessary, including working such overtime, additional shifts, Sundays, or holidays as may be required to ensure that Design Build Entity will achieve Final completion of the Work within the Contract Time. Upon receipt of such notice from the City's Representative, Design Build Entity shall immediately notify the City's Representative of all measures to be taken to ensure Final Completion of the Work within the Contract Time. Design Build Entity shall reimburse the City for any extra costs or expenses (including the reasonable value of any services provided by the City's employees) incurred by the City as the result of such measures. 8.3 DELAY 8.3.1 Except and only to the extent provided otherwise in Articles 7 and 8 of the General Conditions, by signing the Agreement, Design Build Entity agrees: .1 To bear the risk of delays to the Work; and .2 That Design Build Entity's Proposal for the Contract was made with full knowledge of this risk. 8.3.2 In agreeing to bear the risk of delays to the Work, Design Build Entity understands that, except and only to the extent provided otherwise in Articles 7 and 8 of the General Conditions, the occurrence of events that delay the Work shall not excuse Design Build Entity from its obligation to achieve Final Completion of the Work within the Contract Time, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum. 8.4 ADJUSTMENT OF THE CONTRACT TIME FOR DELAY-LD's $500.00 8.4.1 Subject to Article 8.4.2 below, the Contract Time will be extended for each day of delay for which Design Build Entity demonstrates that all of the following four conditions have been met; a time extension will not be granted for any day of delay for which Design Build Entity fails to demonstrate compliance with the four conditions: .1 Condition Number One: The delay is critical. A delay is critical if and only to the extent it delays a work activity that cannot be delayed without delaying Final Completion of the Work to a date that is beyond the Contract Time. The Baseline Contract shall be the basis for determining the critical path activities . . 2 Condition Number Two: Within 7 days of the date the Design Build Entity discovers or reasonably should discover an act, error, omission or unforeseen condition or event causing the delay is likely to have an impact on the critical path of the Project, (even if the Design Build Entity has not yet been delayed when the Design Build Entity discovers or reasonably should discover the critical path impact of the act, error, omission or unforeseen condition giving rise to the delay) the Design Build Entity submits a timely and complete Change Order Request that meets the requirements of Article 4.2 of the General Conditions . . 3 Condition Number Three: The delay is not caused by: .1 A concealed, unforeseen or unknown condition or event except for a materially differing site condition pursuant to Article 3.25 of the General Conditions; or .2 The financial inability, misconduct or default of the Design Build Entity, a Subcontractor or supplier; or .3 The unavailability of materials or parts; or .4 An error or omission in the Contract Documents caused by Design Build Entity or Design Build Entity's Design Consultants . .4 Condition Number Four: The delay is caused by: .1 Fire; or .2 Strikes, boycotts, or like obstructive actions by labor organizations; or 2-15-12 Page 38 of 57 General Conditions c <.<~'i C I T Y 0 F ~CARLSBAD Las Palmas Renovations Project No. 4207 .3 Acts of God (As used herein, "Acts of God" shall include only earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves); or .4 A materially differing site condition pursuant to Article 3.25 of the General Conditions; or .5 An error or omission in the Contract Documents caused by the City; or .6 The City's decision to change the scope of the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or . 7 The City's decision to suspend the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or .8 The failure of the City (including the City acting through its consultants, Design Professionals, Separate Contractors or the City's Representative) to perform any Contract obligation unless such failure is due to Design Build Entity's default or misconduct. .9 "Adverse weather" but only for such days of adverse weather, or on-site conditions caused by adverse weather, that are in excess of the number of days specified in the Supplementary Conditions. In order for a day to be considered a day of adverse weather for the purpose of determining whether Design Build Entity is entitled to an adjustment in Contract Time, both of the following conditions must be met: .1 The day must be a day in which, as a result of adverse weather, less than one half day of critical path work is performed by Design Build Entity; and .2 The day must be identified in the Contract Schedule as a scheduled work day. 8.4.2 If and only if a delay meets all four conditions prescribed in Article 8.4.1 above, then a time extension will be granted for each day that Final Completion of the Work is delayed beyond the Contract Time, subject to the following: .1 When two or more delays (each of which meet all four conditions prescribed in Article 8.4.1 above) occur concurrently on the same day, and each such concurrent delay by itself without consideration of the other delays would be critical, then all such concurrent delays shall be considered critical. For the purpose of determining whether and to what extent the Contract Time should be adjusted pursuant to this Article 8.4.2, such concurrent critical delays shall be treated as a single delay for each such day . . 2 Design Build Entity shall be entitled to a time extension for a day of delay that meets all four requirements of Article 8.4.1 above if the delay is concurrent with a delay that does not meet all four conditions of Article 8.4.1 above. 8.4.3 If for any reason one or more of the four conditions prescribed in Article 8.4.1 above is held legally unenforceable, then all remaining conditions must be met as a condition to obtaining an extension of the Contract Time under Article 8.4.2 above. 8.5 COMPENSATION FOR DELAY 8.5.1 To the maximum extent allowed by law, any adjustment of the Contract Sum as the result of delays shall be limited to the amounts specified in Article 7 of the General Conditions. Such adjustment shall, to the maximum extent allowed by law, constitute payment in full for all delay related costs (including costs for disruption, interruption and hindrance, general conditions, on and off-site overhead and profit) of Design Build Entity, its Suppliers and Subcontractors of all tiers and all persons and entities working under or claiming through Design Build Entity in connection with the Project. 8.5.2 By signing the Agreement, the parties agree that the City is buying the right to do any or all of the following, which are reasonable and within the contemplation of the parties: .1 To order changes in the Work, regardless of the extent and number of changes, including without limitation: 2-15-12 .1 Changes to correct errors or omissions caused by the City, if any, in the Contract Documents. .2 Changes resulting from the City's decision to change the scope of the Work subsequent to execution of the Contract. Page 39 of 57 General Conditions «~,: CITY OF ~CARLSBAD CAL!IORNIA .3 Changes due to unforeseen conditions . . 2 To suspend the Work or any part thereof . Las Palmas Renovations Project No. 4207 . 3 To delay the Work, including without limitation, delays resulting from the failure of the City or the City's Representative to timely perform any Contract obligation and delays for the City's convenience. 8.6 WAIVER 8.6.1 A waiver of, or failure by, the City or City's Representative to enforce any requirement in this Article 8, including without limitation the requirements in Article 8.4 above, in connection with any or all past delays shall not constitute a waiver of, and shall not preclude the City or City's Representative from enforcing, such requirements in connection with any present or future delays. 8.6.2 Design Build Entity agrees and understands that no oral approval, either express or implied, of any time extension by the City or its agents shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order. ARTICLES PAYMENTS AND COMPLETION 9.1 COST BREAKDOWN 9.1.1 Within 10 days after receipt of the Construction Notice to Proceed for Phase 3, Design Build Entity shall submit to the City's Representative a Cost Breakdown of the Contract Sum in the form contained in the Standard Forms. The Cost Breakdown shall itemize as separate line items the cost of each work activity and all associated costs, including but not limited to warranties, as-built documents, overhead expenses, and the total allowance for profit. Insurance and bonds shall each be listed as separate line items. The total of all line items shall equal the Contract Sum. The Cost Breakdown, when approved by the City's Representative, shall become the basis for determining the cost of Work performed for Design Build Entity's Applications for Payment. 9.2 PROGRESS PAYMENT 9.2.1 The City agrees to pay monthly to Design Build Entity, subject to Article 9.4.3 of the General Conditions, an amount equal to 95% of the sum of the following: .1 Cost of the Construction Work in permanent place as of the date of the Design Build Entity's Application For Payment. .2 Cost of materials not yet incorporated in the Construction Work, subject to Article 9.3.5 of the General Conditions . . 3 Less amounts previously paid . .4 During the Design Work, the City shall pay Design Build Entity monthly a uniform amount prorated, based on the Contract Time and Contract Sum associated with the Construction Documents Phase. Under this Article 9.2.1, City may, but is not required to, pay Design Build Entity more frequently than monthly. 9.2.2 After Substantial Completion and subject to Article 9.4.3 of the General Conditions, the City will make any of the remaining progress payments in full. 9.3 APPLICATION FOR PAYMENT 9.3.1 On or before the 5th day of the month or such other date as is established by the Contract Documents, Design Build Entity shall submit to the City's Representative an itemized Application For Payment, for the cost of the Work in permanent place, as approved by the City's Representative, which has been completed in accordance with the Contract Documents, less amounts previously paid. The Application For Payment shall be prepared as follows: 2-15-12 Page 40 of 57 General Conditions c <l~:i CITY OF ~CARLSBAD (AL1l·ORN!A .1 Use the form contained in the Standard Forms . . 2 Itemize in accordance with the Cost Breakdown as applicable . Las Palmas Renovations Project No. 4207 . 3 Include such data substantiating Design Build Entity's right to payment as the City's Representative may reasonably require, such as invoices, certified payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Article 9.5 of the General Conditions, a certification of the market value of all such securities as of a date not earlier than 5 days prior to the date of the Application For Payment as applicable . .4 Itemize retention. 9.3.2 Applications For Payment shall not include requests for payment on account of (1) changes which have not been authorized by Change Orders or (2) amounts Design Build Entity does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by the City, an Application For Payment shall be accompanied by (1) a summary showing payments that will be made to Subcontractors covered by such application and conditional releases upon progress payment or final payment and (2) unconditional waivers and releases of claims and stop notices, in the form contained in the Standard Forms, from each Subcontractor listed in the preceding Application For Payment covering sums disbursed pursuant to that preceding Application For Payment. 9.3.4 Design Build Entity warrants that, upon submittal of an Application For Payment, all Work, for which Certificates For Payment have been previously issued and payment has been received from the City, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Design Build Entity, Subcontractors, or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment relating to the Work. 9.3.5 At the sole discretion of the City, City's Representative may approve for inclusion in the Application For Payment the """-" cost of materials not yet incorporated in the Construction Work but already delivered and suitably stored either at the Project site or at some other appropriate location acceptable to the City's Representative. In such case, Design Build Entity shall furnish evidence satisfactory to the City's Representative (1) of the cost of such materials; and {2) that such materials are under the exclusive control of Design Build Entity. Only materials to be incorporated in the Work will be considered for payment. Any payment shall not be construed as acceptance of such materials nor relieve Design Build Entity from sole responsibility for the care and protection of such materials; nor relieve Design Build Entity from risk of loss to such materials from any cause whatsoever; nor relieve Design Build Entity from its obligation to complete the Work in accordance with the Contract; nor act as a waiver of the right of the City to require fulfillment of all terms of the Contract. Nothing contained within this Article 9.3.5 shall be deemed to obligate the City to agree to payment for any non-incorporated materials or any part thereof, payment being in the sole and absolute discretion of the City. c 9.4 CERTIFICATE FOR PAYMENT 9.4.1 If Design Build Entity has submitted an Application For Payment in accordance with Article 9.3 above, the City's Representative shall, not later than 5 working days after the date of receipt of the Application For Payment, issue to the City, with a copy to Design Build Entity, a Certificate For Payment for such amount as the City's Representative determines to be properly due. 9.4.2 If any such Application For Payment is determined not to be in accordance with Article 9.3 above, the City will inform Design Build Entity as soon as practicable, but not later than 5 working days after receipt. Thereafter, Design Build Entity shall have 3 days to revise and resubmit such Application For Payment; otherwise the City's Representative may issue a Certificate For Payment in the amount that the City's Representative determines to be properly due without regard to such Application For Payment. 9.4.3 Approval of all or any part of an Application For Payment may be withheld, a Certificate For Payment may be withheld, and all or part of a previous Certificate For Payment may be nullified and that amount withheld from a current Certificate For Payment on account of any of the following: .1 Defective Work not remedied. .2 Third-party claims against Design Build Entity or the City arising from the acts or omissions of Design Build Entity or Subcontractors. 2-15-12 Page 41 of 57 General Conditions '(~~ CITY OF ~~CARLSBAD Las Pa/mas Renovations Project No. 4207 CALIIORN~A .3 Stop notices . .4 Failure of Design Build Entity to make timely payments due Subcontractors. (Stop Notices are withheld at 1.25% per Public Contract Code) .5 A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid . . 6 Damage to the City or Separate Contractor for which Design Build Entity is responsible . . 7 Reasonable evidence that the Work will not be completed within the Contract Time; and that the unpaid balance of the Contract Sum would not be adequate to cover the City's damages for the anticipated delay . . 8 Failure of Design Build Entity to maintain and update as-built documents . . 9 Failure of Design Build Entity to submit schedules or their updates as required by the Contract Documents . . 1 0 Failure to provide conditional or unconditional releases from any Subcontractor or supplier, if such waiver(s} have been requested by the City's Representative . . 11 Performance of Work by Design Build Entity without properly processed Shop Drawings . . 12 Liquidated damages assessed in accordance with the Agreement. .13 Failure to provide updated Reports of Subcontractor Information and Self-Certifications, as applicable . . 14 Failure to provide a Final Distribution of Contract Dollars with final Application for Payment. .15 Any other failure of Design Build Entity to perform its obligations under the Contract Documents. 9.4.4 Subject to the withholding provisions of Article 9.4.3 of the General Conditions, the City will pay Design Build Entity the amount set forth in the Certificate For Payment no later than 10 days after the issuance of the Certificate For Payment. 9.4.5 Neither the City nor City's Representative will have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. 9.4.6 Neither a Certificate for Payment nor a progress payment made by the City will constitute acceptance of Defective Work. 9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RETENTION INTO ESCROW 9.5.1 At the request and expense of Design Build Entity, a substitution of securities may be made for any monies retained by the City under Article 9.2 to ensure performance under the Contract Documents. Securities equivalent in value to the retention amount required by the Contract Documents for each Certificate For Payment shall be deposited by Design Build Entity with a state or federally chartered bank in the State of California ("Escrow Agent"}, which shall hold such securities pursuant to the escrow agreement referred to in Article 9.5.3 until retention is due in accordance with Article 9.8. Securities shall be valued as often as conditions of the securities market warrant, but in no case less than once per month. Design Build Entity shall deposit additional securities so that the current market value of the total of all deposited securities shall be at least equal to the total required amount of retention. 9.5.2 Alternatively to Article 9.5.1 above, and at the request and expense of Design Build Entity, the City will deposit retention directly with Escrow Agent. Design Build Entity may direct the investment of such deposited retention into interest bearing accounts or securities, and such deposits or securities shall be held by Escrow Agent upon the same terms provided for securities deposited by Design Build Entity. Design Build Entity and its surety shall bear the risk of failure of the Escrow Agent selected. 2-15-12 Page 42 of 57 General Conditions <l~, CITY OF ~CARLSBAD CALIIORNIA Las Pa/mas Renovations Project No. 4207 9.5.3 A prerequisite to the substitution of securities in lieu of retention or the deposit of retention into escrow shall be the execution by Design Build Entity, the City, and Escrow Agent of an Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention in the form contained in the Standard Forms. The Design Build Entity shall submit the Selection of Retention Options and the Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention not later than the date when 50% of the Work has been completed. The terms of such escrow agreement are incorporated into the requirements of this Article 9.5. 9.6 BENEFICIAL OCCUPANCY 9.6.1 The City reserves the right, at its option and convenience, to occupy or otherwise make use of any part of the Construction Work at any time prior to Substantial Completion or Final Completion upon 10 days' notice to Design Build Entity. Such occupancy or use is herein referred to as "Beneficial Occupancy." Beneficial Occupancy shall be subject to the following conditions: .1 The City's Representative will make an inspection of the portion of the Project to be beneficially occupied and prepare a list of items to be completed or corrected prior to Final Completion. Prior to Beneficial Occupancy, the City will issue a Certificate of Beneficial Occupancy on the City's form . . 2 Beneficial Occupancy by the City shall not be construed by Design Build Entity as an acceptance by the City of that portion of the Construction Work which is to be occupied . . 3 Beneficial Occupancy by the City shall not constitute a waiver of existing claims of the City or Design Build Entity against each other . .4 Design Build Entity shall provide, in the areas beneficially occupied and on a 24 hour and 7 day week basis as required, utility services, heating, and cooling for systems which are in operable condition at the time of Beneficial Occupancy. All responsibility for the operation and maintenance of equipment shall remain with Design Build Entity while the equipment is so operated. Design Build Entity shall submit to the City an itemized list of each piece of equipment so operated with the date operation commences. The Guarantee to Repair Periods, as defined in Article 12.2, will commence upon the occupancy date stated in the Certificate of Beneficial Occupancy except that the Guarantee to Repair Periods for that part of equipment or systems that serve portions of the Work for which the City has not taken Beneficial Occupancy or issued a Certificate of Substantial Completion shall not commence until the City has taken Beneficial Occupancy for that portion of the Work or has issued a Certificate of Substantial Completion with respect to the entire Project. .5 The City will pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied . . 6 The City will pay all utility costs which arise out of the Beneficial Occupancy, all utility costs prior to Beneficial Occupancy shall be the Design Builder's responsibility . . 7 Design Build Entity shall not be responsible for providing security in areas beneficially occupied . . 8 The City will use its best efforts to prevent its Beneficial Occupancy from interfering with the conduct of Design Build Entity's remaining Work . . 9 Design Build Entity shall not be required to repair damage caused by the City in its Beneficial Occupancy . . 1 0 Except as provided in this Article 9.6, there shall be no added cost to the City due to Beneficial Occupancy . . 11 Design Build Entity shall continue to maintain all insurance required by the Contract in full force and effect. 9.7 SUBSTANTIAL COMPLETION 9.7.1 "Substantial Completion" means the stage in the progress of the Construction Work, as determined by the City's Representative, when the Construction Work is complete and in accordance with the Contract Documents except only for completion of minor items which do not impair the City's ability to occupy and fully utilize the Construction Work for its intended r-purpose and a Certificate of Occupancy has been issued by the City's Representative. ~ 2-15-12 Page 43 of 57 General Conditions c «~'k CITY Of ~CARLSBAD CAL!IORN!A Las Palmas Renovations Project No. 4207 9. 7.2 When Design Build Entity gives notice to the City's Representative that the Construction Work is substantially complete, unless the City's Representative determines that the Construction Work is not sufficiently complete to warrant an inspection to determine Substantial Completion, the City's Representative will inspect the Construction Work. If the City's Representative determines that the Work is not substantially completed the City's Representative will prepare and give to Design Build Entity a comprehensive list of items to be completed or corrected before establishing Substantial Completion. Design Build Entity shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Design Build Entity to complete all Construction Work in accordance with the Contract Documents. Upon notification that the items on the list are completed or corrected, as applicable, the City's Representative will make an inspection to determine whether the Construction Work is substantially complete. Costs for additional inspection by the City's Representative shall be deducted from any monies due and payable to Design Build Entity. 9.7.3 When the City's Representative determines that the Construction Work is substantially complete, the City's Representative will arrange for inspection by the City and other officials, as appropriate, for the purpose of issuing a Certificate of Occupancy. After a Certificate of Occupancy has been issued by all permitting and licensing entities, the City's Representative will prepare a Certificate of Substantial Completion on the City's form as contained in the Standard Forms, which, when signed by the City, shall establish the date of Substantial Completion and the responsibilities of the City and Design Build Entity for security, maintenance, utilities, insurance, and damage to the Construction Work. The City's Representative will prepare and furnish to the Design Build Entity a comprehensive "punch list" of items to be completed or corrected prior to Final Completion. 9.7.4 Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work covered by the Certificate of Substantial Completion, shall commence on the date of Substantial Completion of the Construction Work except that Substantial Completion shall not commence the Guarantee to Repair Period for any equipment or systems that: .1 Are not operational (equipment or systems shall not be considered operational if they cannot be used the intended service; or .2 Are not accepted by the City. 9.7.5 The Guarantee to Repair Period for equipment or systems which become fully operational and accepted subsequent to Substantial Completion will begin on the date of their written acceptance by the City. 9.7.6 The daily rate included in the Agreement and specifically identified as the rate to be paid to Design Build Entity for Compensable Delays shall not apply to any delays occurring after the Work is substantially completed. 9.8 FINAL COMPLETION, FINAL PAYMENT, AND RELEASE OF RETENTION 9.8.1 Upon receipt of notice from Design Build Entity that the Work is ready for final inspection, the City's Representative will make such inspection. Final Completion shall be when the City's Representative determines that the Work is fully completed and in accordance with the Contract Documents, including without limitation, satisfaction of all "punch list" items, and determines that a Certificate of Occupancy has been issued by the City and all permitting and licensing entities. The City will file a Notice of Completion within 10 days after Final Completion. After receipt of the final Application For Payment, if the City's Representative determines that Final Completion has occurred, the City's Representative will issue the final Certificate For Payment. Final Completion must occur with 90 days of Substantial Completion. Failure to achieve Final Completion within 90 days will change the Substantial Completion Date, causing Liquidated Damages to be assessed to the Design Build Entity for each day Final Completion is delayed. 9.8.2 Final payment and retention shall be released to Design Build Entity, as set forth in Article 9.8.3, after: .1 Design Build Entity submits the final Application For Payment and all submittals required in accordance with Article 9.3; .2 Design Build Entity submits all guarantees and warranties procured by Design Build Entity from Subcontractors, all operating manuals for equipment installed in the Project, as-built documents, and all other submittals required by the Contract Documents; .4 The City's Representative issues the final Certificate For Payment. At its sole discretion, after Final Completion, the City may waive the requirement that Design Build Entity submit a final 2-15-12 Page 44 of 57 General Conditions c ((~:; CITY OF ,~CARLSBAD Las Palmas Renovations Project No. 4207 Application For Payment before making final payment and/or release of retention to Design Build Entity. 9.8.3 Final payment shall be paid not more than 10 days after the City's Representative issues the final Certificate For Payment. Retention shall be released to Design Build Entity 35 days after the filing of the Notice of Completion. 9.8.4 Acceptance of final payment by Design Build Entity shall constitute a waiver of all claims, except claims for retention and claims previously made in writing and identified by Design Build Entity as unsettled at the time of the final Application For Payment. Neither final payment nor any remaining retained percentage shall become due until the Design Builder submits to the City (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Design Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Design Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, If such lien remains unsatisfied after payments are made, the Design Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Design Builder shall also furnish all warranties, guarantees, record documents, operating and maintenance manuals and shall have reviewed all equipment and facility operations and maintenance with the Owner, prior to issuance of the Certificate of Final Completion. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 1 0.1.1 Design Build Entity shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 1 0.2.1 Design Build Entity shall take adequate precautions for safety of and shall provide adequate protection to prevent damage, injury, or loss to the following: .1 Employees involved in the Construction Work and other persons who may be affected thereby . . 2 The Construction Work in place and materials and equipment to be incorporated therein, whether in storage on or off the Project site, under care, custody, or control of Design Build Entity or Subcontractors . . 3 Other property at the Project site and adjoining property. 1 0.2.2 Design Build Entity shall erect and maintain, as required by existing conditions and performance of the Work, adequate safeguards for safety and protection, including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities. 1 0.2.3 When use or storage of explosives, other hazardous materials, equipment, or unusual methods are necessary for execution of the Construction Work, Design Build Entity shall exercise the utmost care and carry on such activities only under the supervision of properly qualified personnel. 1 0.2.4 Design Build Entity shall designate a responsible member of Design Build Entity's organization at the Project site whose duty shall be the prevention of accidents. . 1 0.2.5 Design Build Entity shall not load, or permit any part of the Construction Work or the Project site to be loaded, so as to endanger the safety of persons or property. 10.3 EMERGENCIES 2-15-12 Page 45 of 57 General Conditions «~',: CITY OF ~CARLSBAD Las Pa/mas Renovations Project No. 4207 CALli,ORNIA 1 0.3.1 In an emergency affecting the safety or condition of persons or property, Design Build Entity shall act to prevent or minimize damage, injury, or loss. Design Build Entity shall promptly notify the City's Representative, which notice may be oral followed by written confirmation, of the occurrence of such an emergency and Design Build Entity's action. ARTICLE 11 INSURANCE AND BONDS 11.1 DESIGN BUILDER'S INSURANCE 11.1.1 Design Builder shall, obtain, pay for and maintain, or cause to be obtained, paid for and maintained, insurance acceptable to the City that covers claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Design Builder, Design Builder's agents, representatives, employees, or Subcontractors. The cost of the required insurance is included in the contract price. No work shall start until compliance with all insurance requirements has been met and approved by the City. Coverages and Limits. Design Builder shall maintain the types of coverages and minimum limits indicated herein. If the Design Builder maintains higher limits than the minimums shown below, the City shall be entitled to coverage for higher limits maintained by the Design Builder. All policies will remain in full force and effect throughout the term of the Project and, when there is an extended reporting period, shall remain in effect for the time stipulated. 11.1.2 The following policies and coverage shall be furnished by Design Builder: .1 COMMERCIAL FORM GENERAL LIABILITY INSURANCE: $1,000,000 per occurrence, $1,000,000 products/completed operations, and $2,000,000 general aggregate limits annually (applicable separately to the Project with endorsement CG-25-03 or equivalent) covering all operations by or on behalf of the Design Builder arising out of construction of the Project, including independent Design Builders, bodily injury, personal injury, property damage, personal and advertising liability, and liability assumed under an insured contract. The policy form shall be at least as broad as Insurance Services Office (ISO) form CG0001. The policy shall not include exclusions for property damage from explosion, collapse or underground hazard, or inadvertent construction defects. The products and completed operations coverage shall be maintained throughout the design-build period and shall extend for a period of not less than 10 years beginning from the time work under this Contract is completed. 2-15-12 Insurance may be met through a combination of primary and excess coverage as long as the excess coverage is written on a "follow form" or umbrella basis. The umbrella or excess liability policy shall contain a clause stating that it takes effect (drops down) in the event the primary aggregate limits are impaired or exhausted. The Commercial General Liability policy shall be endorsed to add that the City, its officials, employees and volunteers are additional insureds with respect to liability arising out of or connected with work, activities or operations performed by or on behalf of the Design Builder, including materials, parts or equipment furnished in connection with such work or operations; and including products and completed operations of the Design Builder; and premises owned, leased, hired or borrowed by the Design Builder. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. Coverage for such additional insureds is not intended and does not extend liability to the extent prohibited by Insurance Code Section 11580.04. Additional insured coverage shall be provided by an endorsement(s) providing coverage at least as broad as ISO Additional Insured endorsement form CG 20 10 11 85 or both CG 20 10 1 0 01 and CG 20 37 10 01. The endorsement shall be submitted to the City. The Commercial General Liability Policy shall be endorsed to 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 Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City. The Commercial General Liability policy shall state that the insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject only to the limits of the insurer's liability. Page 46 of 57 General Conditions • -'"~' ~~">-i'F CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 CAll10RN!A .2 BUSINESS AUTOMOBILE LIABILITY INSURANCE: $1,000,000 per accident for bodily injury and property damage. The policy form shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (Any Auto). The Business Automobile Liability policy shall contain a provision that the City, its officials, employees and volunteers are insureds with respect to liability arising out of or connected with work under this contract. The Business Automobile policy 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 Design Builder's insurance and shall not contribute with it. The Business Auto policy shall state that the Design Builder'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 . . 3 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: As required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1 ,000,000 per accident for bodily injury or disease. Workers' Compensation insurance offered by the State Compensation Insurance Fund is acceptable to the City. .4 .5 .6 2-15-12 The Workers' Compensation policy shall be endorsed to contain a waiver of subrogation in favor of the City for all work performed by the Design Builder, its employees, agents and subcontractors. The endorsement shall be submitted to the City. PROFESSIONAL LIABILITY INSURANCE: $1,000,000 per occurrence (or claim if policy is written on a claims made basis), and $2,000,000 in the aggregate and shall either be in the form of a practice policy or a project specific policy. Design Builder agrees to maintain, and shall cause to be maintained by other Design Builders and Subcontractors who are involved in design work or other professional services, professional liability insurance specifically designed to protect against acts, errors or omissions of the Design Builder or other Design Builders or Subcontractors as appropriate, and "Professional Services" as designated and any such policy must specifically include services performed under this Contract. If policy is written on a claims made basis, Design Builder or other contractor or Subcontractor as appropriate shall maintain this professional liability insurance with a retroactive date effective before the commencement of any design, and throughout the term of this Contract and for at least five (5) years after the date of completion and acceptance of the Project with preservation of the retroactive date. If claims made coverage is cancelled or non-renewed and not replaced, an extended discovery period and endorsement is acceptable to meet the five year requirement. DESIGN BUILDERS' EQUIPMENT INSURANCE: Design Builder and all Subcontractors shall maintain insurance covering physical damage to owned, leased, rented, or borrowed equipment used or on the jobsite, including rental charges. All Design Builders' miscellaneous tools shall be covered by the individual Design Builder or Subcontractor. POLLUTION/ENVIRONMENTAL IMPAIRMENT LIABILITY: $1,000,000 per loss and annual aggregate applicable to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed; clean-up costs, including first party clean-up of the City's property and third party clean-up, and bodily injury costs if project pollutants impact other properties; and defense, including costs, fees and expenses incurred in the investigation, defense, or resolution of Claims. Coverage shall include completed operations and shall apply to sudden and non-sudden pollution conditions. Coverage shall apply to construction activities and to acts, errors or omissions arising out of or in connection with Design Builder's scope of work under this Contract. Coverage may be arranged under a Design Builder's Pollution Liability policy, as part of a Professional Liability policy, by any combination thereof, or by other insurance, as long as pollution liability coverage is provided for both construction activities and professional services. Coverage shall include transport and disposal of contaminants and shall include liability assumed under contract. Coverage is preferred by the City to be occurrence based. However, if provided on a claims-made basis, Design Builder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage shall be maintained or an extended discovery period will be exercised for a period of five (5) years beginning from the time work under this Contract is completed. The Pollution/Environmental Impairment Liability policy shall be endorsed to contain a provision that the City, its officials, employees and volunteers are insureds or additional insureds. The endorsement shall be submitted to the City. The Pollution/Environmental Impairment Liability policy shall be endorsed to be primary insurance as Page 47 of 57 General Conditions <<~;, CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 CAL!I-ORNIA 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 Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City. The Pollution/Environmental Impairment Liability policy shall state that the Design Builder'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. 11.1.3 Additional Provisions: Design Builder shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain the following provisions: .1 Insurance Coverage. Insurance coverages shall not be non-renewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail pursuant to the Notice provisions of this Agreement. .2 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 Design Builder shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. The Design Builder is responsible for any deductible or retention amount. .3 Subcontractors. Design Builder 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 . . 4 Acceptability of Insurers. Insurance is to be placed with insurers that are admitted carriers in California with a rating in the most recent Best's Key Rating Guide of at least A-:VII, or surplus line insurers on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating guide of at least AX . . 5 Verification Of Coverage. Design Builder shall furnish the City with certificates of insurance and original endorsements affecting required coverage. 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. Design Builder shall furnish the City with new certificates of insurance and endorsements on each renewal of coverage or change of insurers. Proof of insurance shall be sent to the City pursuant to the Notice provisions of this Agreement or as may be directed in writing by ____ _ .6 Non-Recourse Provision. All insurance policies shall provide that the insurers shall have no recourse against the City or any other additional insured for payment of any premium or assessment or for any deductible or self- insured retention. 7 Indemnification and Duty to Defend. The insurance coverage provided hereunder shall support, but is not intended to limit, Design Builder's indemnification (as defined in Article 3.29) and duty to defend obligations under this Contract or as otherwise provided by law . . 8 Enforcement. The City may take any steps necessary to assure Design Builder's compliance with its insurance obligations and the City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. Should any insurance policy lapse or be cancelled during the Contract period Design Builder shall, no less than thirty (30) days prior to the effective expiration or cancellation, furnish the City with written evidence of renewal or replacement of the policy. Failure to continuously maintain insurance coverage as herein required is a material breach of this Contract and the City may maintain this coverage and withhold or charge the expense to Design Builder or terminate the Design Builder's control of the work in accordance with this Contract. The required insurance shall be subject to the approval of the City, but any acceptance of copies of insurance policies, insurance certificates and self-insured documentation by the City shall in no way limit or relieve Design Builder of its duties and responsibilities under this Contract to indemnify, defend and hold harmless the City, its officials, employees and volunteers. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Design Builder for liability in excess of such coverage, nor shall it preclude the City from taking other actions available to it under any other provision of the Contract or law, including the withholding of funds under this Contract. Failure of the City to enforce in a timely manner any of the provisions of Section 10 shall not act as a waiver to enforcement of any of these provisions at a later time. 2-15-12 Page 48 of 57 General Conditions c c «~'' CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 CALII·Of{NtA 11.2 BUILDER'S RISK PROPERTY INSURANCE 11.2.1 Throughout the design-build period until final completion of the Project, a Project specific Builder's Risk (Course of Construction) insurance policy, covering all design-build work other than design (including testing and commissioning) at the Project site, while in transit and at any temporary off-site location; all materials supplies, machinery, fixtures and equipment intended to become a permanent part of the Project or for permanent use in the Project or incidental to the construction; all temporary structures that are to be used in or incidental to the fabrication, erection, testing, or completion of the design-build Project to the extent the cost thereof is included in the design-build work upon which the contract price is based, while on or about the Project site awaiting or during construction. The Builder's Risk policy: .1 shall be written on a completed value basis in an amount not less than the full replacement value of the Project ($2,000,000); .2 shall be written on an "All Risk" (Special Perils) coverage form, including reinstatement of Limit after Loss and no coinsurance penalty provisions; .3 shall specifically cover loss or damage arising as a consequence of faulty workmanship or materials or design error; .4 shall include coverage for delay costs to a maximum amount 10,000 per day to include loss of revenue, loss of investment income, continued payment of debt service, and the costs of Project redesign if a covered loss ensues as a result of a design error. 11.2.2 The City shall provide information as reasonably requested by the Design Builder or insurance company, where necessary to complete insurance applications. The Builder's Risk insurance policy shall extend until final completion of the Project. 11.2.3 The Builders' Risk policy shall be endorsed to name the City as Loss Payee. The endorsement shall be submitted to the City. The Builders' Risk policy shall be endorsed to contain a waiver of subrogation in favor of the City. The endorsement shall be submitted to the City. The Builder's Risk policy shall be endorsed to 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 Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City 11.3 PERFORMANCE BOND AND PAYMENT BOND 11.3.1 Design Builder shall furnish bonds covering the faithful performance of the Contract (Performance Bond) and payment of obligations arising thereunder (Payment Bond) on the forms contained in the Standard Forms. 11.3.2 The Payment Bond and Performance Bond shall each be in the amount of the Lump Sum Cost Proposal. 11.3.3 The Payment Bond and Performance Bond shall be in effect on the date the Contract is signed by the City. 11.3.4 Design Builder shall promptly furnish such additional security as may be required by the City to protect its interests and those interests of persons or firms supplying labor or materials to the Work. Design Builder shall furnish supplemental Payment and Performance Bonds each in the amount of the current Contract Sum at the request of the City. 11.3.5 Surety companies used by Design Builder shall be, on the date the Contract is signed by the City, listed in the latest published State of California, Department of Insurance list of "Insurers Admitted to Transact Surety Insurance in This State." 11.3.6 The premiums for the Payment Bond and Performance Bond shall be paid by Design Builder. ARTICLE 12 UNCOVERING AND CORRECTION OF CONSTRUCTION WORK 12.1 UNCOVERING OF WORK 2-15-12 Page 49 of 57 General Conditions c <,.(~';i CITY OF ~CARLSBAD CAL!i"ORN!A Las Pa/mas Renovations Project No. 4207 12.1.1 If a portion of the Construction Work is covered contrary to the City's Representative's request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by the City's Representative, be uncovered for the City's Representative's observation and be replaced at Design Build Entity's expense without adjustment of the Contract Time or the Contract Sum. 12.1.2 If a portion of the Construction Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which the City's Representative has not specifically requested to observe prior to its being covered, the City's Representative may request to see such Construction Work and it shall be uncovered and replaced by Design Build Entity. If such Construction Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Construction Work shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Construction Work extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Construction Work is not in accordance with the Contract Documents, Design Build Entity shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Sum. 12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD 12.2.1 The term "Guarantee To Repair Period" means a period of 2 years, unless a longer period of time is specified, commencing as follows: .1 For any Construction Work not described as incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion . . 2 For space beneficially occupied or for separate systems fully utilized prior to Substantial Completion pursuant to Article 9.6 of the General Conditions, from the first date of such Beneficial Occupancy or actual use, as established in a Certificate of Beneficial Occupancy . . 3 For all Construction Work other than .1 or .2 above, from the date of Final Completion. 12.2.2 Design Build Entity shall (1) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period, and (2) replace, repair, or restore to the City's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work. Design Build Entity shall promptly commence such correction, replacement, repair, or restoration upon notice from the City's Representative or the City, but in no case later than 10 days after receipt of such notice; and Design Build Entity shall diligently and continuously prosecute such correction to completion. Design Build Entity shall bear all costs of such correction, replacement, repair, or restoration, and all losses resulting from such Defective Work, including additional testing, inspection, and compensation for the City's Representative's services and expenses. Design Build Entity shall perform corrective Work at such times that are acceptable to the City and in such a manner as to avoid, to the extent practicable, disruption to the City's activities. 12.2.3 If immediate correction of Defective Work is required for life safety or the protection of property and is performed by the City or Separate Contractors, Design Build Entity shall pay to the City all reasonable costs of correcting such Defective Work. Design Build Entity shall replace, repair, or restore to the City's satisfaction any other parts of the Construction Work and any other real or personal property which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. 12.2.4 Design Build Entity shall remove from the Project site portions of the Construction Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Design Build Entity nor accepted by the City. 12.2.5 If Design Build Entity fails to commence correction of Defective Work within 10 days after notice from the City or City's Representative or fails to diligently prosecute such correction to completion, the City may correct the Defective Work in accordance with Article 2.4 of the General Conditions; and, in addition, the City may remove the Defective Work and store salvageable materials and equipment at Design Build Entity's expense. 12.2.6 If Design Build Entity fails to pay the costs of such removal and storage as required by above Articles 12.2.4 and 12.2.5 within 10 days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. Design Build Entity shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Design Build Entity is liable to the City, including compensation for the City's r Representative's services and expenses. If such proceeds of sale do not cover costs and damages for which Design Build \.....-Entity is liable to the City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Design 2-15-12 Page 50 of 57 General Conditions c c <..(~~ CITY OF ~CARLSBAD CAL!f·ORN!A Las Palmas Renovations Project No. 4207 Build Entity or the remaining payments are insufficient to cover such deficiency, Design Build Entity shall promptly pay the difference to the City. 12.2. 7 Design Build Entity's obligations under this Article 12 are in addition to, and not in limitation of, its warranty under Article 3.4 of the General Conditions or any other obligation of Design Build Entity under the Contract Documents. Enforcement of Design Build Entity's express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies the City may have under the Contract Documents or at law or in equity for Defective Work. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations of Design Build Entity under the Contract Documents. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Design Build Entity to correct the Work and in no way limits either Design Build Entity's liability for Defective Work or the time within which proceedings may be commenced to enforce Design Build Entity's obligations under the Contract Documents. ARTICLE 13 TERMINATION OR SUSPENSION OF THE CONTRACT 13.1 TERMINATION BY DESIGN BUILDER 13.1.1 Subject to below Article 13.1.2, Design Build Entity shall have the right to terminate the Contract only upon the occurrence of one of the following: .1 Provided that the City has not commenced reasonable action to remove any order of a court within the 90 day period, the Work is stopped for 90 consecutive days, through no act or fault of Design Build Entity, any Subcontractor, or any employee or agent of Design Build Entity or any Subcontractor, due to an issuance of an order of a court or other public authority having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable . . 2 The City fails to perform any material obligation under the Contract Documents and fails to cure such default within 30 days, or City has not commenced to cure such default within 30 days where such cure will require a reasonable period beyond 30 days and diligently prosecutes the same to completion, after receipt of notice from Design Build Entity stating the nature of such default(s) . . 3 Repeated suspensions by the City, other than such suspensions as are agreed to by Design Build Entity under Article 13.3 below, which constitute in the aggregate more than 20% of the Contract Time. 13.1.2 Upon the occurrence of one of the events listed in Article 13.1.1 above, Design Build Entity may, upon 10 days additional notice to the City and City's Representative, and provided that the condition giving rise to Design Build Entity's right to terminate is continuing, terminate the Contract. 13.1.3 Upon termination by Design Build Entity, the City will pay to Design Build Entity the sum determined by Article 13.4.4 of the General Conditions. Such payment will be the sole and exclusive remedy to which Design Build Entity is entitled in the event of termination of the Contract by Design Build Entity pursuant to this Article 13.1; and Design Build Entity will be entitled to no other compensation or damages and expressly waives the same. 13.2 TERMINATION BY THE CITY FOR CAUSE 13.2.1 The City will have the right to terminate the Contract for cause at any time after the occurrence of any of the following events: .1 Design Build Entity becomes insolvent or files for relief under the bankruptcy laws of the United States . . 2 Design Build Entity makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due . . 3 A receiver is appointed to take charge of Design Build Entity's property. .4 The commencement or completion of any Work activity on the critical path is more than 30 days behind the date set forth in the Contract Schedule for such Work activity as a result of an Unexcusable Delay. For a Contract with 2-15-12 Page 51 of 57 General Conditions c c «~j CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 a Contract Time of less than 300 days, the 30-day period shall be reduced to the number of days commensurate with 10% of the Contract Time . . 5 Design Build Entity abandons the Work. 13.2.2 Upon the occurrence of any of the following events, the City will have the right to terminate the Contract for cause if Design Build Entity fails to promptly commence to cure such default and diligently prosecute such cure within 5 days after notice from the City, or within such longer period of time as is reasonably necessary to complete such cure: .. 1 Design Build Entity persistently or repeatedly refuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to prosecute the Work in accordance with the Contract Documents . . 2 Design Build Entity fails to make prompt payment of amounts properly due Subcontractors after receiving payment from the City . . 3 Design Build Entity disregards Applicable Code Requirements . .4 Design Build Entity persistently or materially fails to execute the Work in accordance with the Contract Documents . . 5 Design Build Entity is in default of any other material obligation under the Contract Documents . . 6 Design Build Entity persistently or materially fails to comply with applicable safety requirements. 13.2.3 Upon any of the occurrences referred to in Articles 13.2.1 and 13.2.2 above, the City may, at its election and by notice to Design Build Entity, terminate the Contract and take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Design Build Entity; accept the assignment of any or all of the subcontracts; and then complete the Work by any method the City may deem expedient. If requested by the City, Design Build Entity shall remove any part or all of Design Build Entity's materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within 7 days of such request; and if Design Build Entity fails to do so, the City may remove or store, and after 90 days sell, any of the same at Design Build Entity's expense. 13.2.4 If the Contract is terminated by the City as provided in this Article 13.2, Design Build Entity shall not be entitled to receive any further payment until the expiration of 35 days after Final Completion and acceptance of all Work by the City. 13.2.5 If the unpaid balance of the Contract Sum exceeds the cost of completing the Work, including all additional costs and expenses made necessary thereby, including costs for the City staff time, plus all losses sustained, including any liquidated damages provided under the Contract Documents, such excess shall be paid to Design Build Entity. If such costs, expenses, losses, and liquidated damages exceed the unpaid balance of the Contract Sum, Design Build Entity shall pay such excess to the City. 13.2.6 No termination or action taken by the City after termination shall prejudice any other rights or remedies of the City provided by law or by the Contract Documents upon such termination; and the City may proceed against Design Build Entity to recover all losses suffered by the City. 13.3 SUSPENSION BY THE CITY FOR CONVENIENCE 13.3.1 The City may, at any time and from time to time, without cause, order Design Build Entity, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to 90 days, as the City may determine, with such period of suspension to be computed from the date of delivery of the written order. Such order shall be specifically identified as a "Suspension Order" under this Article 13.3. The Work may be stopped for such further period as the parties may agree. Upon receipt of a Suspension Order, Design Build Entity shall, at the City's expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within 90 days after the issuance of the Suspension Order, or such extension to that period as is agreed upon by Design Build Entity and the City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. 13.3.2 If a Suspension Order is canceled or expires, Design Build Entity shall continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. Any 2-15-12 Page 52 of 57 General Conditions <..(~':\ CITY Of ~CARLSBAD (AL!IORN!A Las Palmas Renovations Project No. 4207 Claim by Design Build Entity for an adjustment of the Contract Sum or the Contract Time shall be made within 21 days after the end of the Work suspension. Design Build Entity agrees that submission of its claim within said 21 days is an express condition precedent to its right to Arbitrate or Litigate such a claim. 13.3.3 The provisions of this Article 13.3 shall not apply if a Suspension Order is not issued by the City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents. 13.4 TERMINATION BY THE CITY FOR CONVENIENCE 13.4.1 The City may, at its option, terminate this Contract, in whole or from time to time in part, at any time by giving notice to Design Build Entity. Upon such termination, Design Build Entity agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of Design Build Entity, the City shall pay Design Build Entity in accordance with Article 13.4.4 below. 13.4.2 Upon receipt of notice of termination under this Article 13.4, Design Build Entity shall, unless the notice directs otherwise, do the following: .1 Immediately discontinue the Work to the extent specified in the notice . . 2 Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued . . 3 Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent they relate to the performance of the discontinued portion of the Work . .4 Thereafter, do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto. 13.4.3 Upon such termination, the obligations of the Contract shall continue as to portions of the Work already performed and, subject to Design Build Entity's obligations under Article 13.4.2 above, as to bona fide obligations assumed by Design Build Entity prior to the date of termination. 13.4.4 Upon such termination, the City shall pay to Design Build Entity the sum of the following: , 1 The amount of the Contract Sum allocable to the portion of the Work properly performed by Design Build Entity as of the date of termination, less sums previously paid to Design Build Entity . . 2 incorporation in the Work . . 3 Plus any proven losses with respect to materials and equipment directly resulting from such termination . .4 Plus reasonable demobilization costs . . 5 Plus reasonable costs of preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination. 13.4.5 The above payment shall be the sole and exclusive remedy to which Design Build Entity is entitled in the event of termination of the Contract by the City pursuant to this Article 13.4; and Design Build Entity will be entitled to no other compensation or damages and expressly waives same, ARTICLE 14 STATUTORY AND OTHER REQUIREMENTS 14.1 NONDISCRIMINATION 14.1.1 For purposes of this Article 14.1, the term Subcontractor shall not include suppliers, manufacturers, or distributors. 2-15-12 Page 53 of 57 General Conditions c <.<~~; CITY 0 f ~CARLSBAD Las Palmas Renovations Project No. 4207 CAL!tORNIA 14.1.2 Design Build Entity shall comply and shall ensure that all Subcontractors comply with Sections 12900 through 12996 of the State of California Government Code. 14.1.3 Design Build Entity agrees as follows during the performance of the Work: .1 Design Build Entity shall provide equal treatment to, and shall not willfully discriminate against or allow harassment of any employee or applicant for employment on the basis of: race; color; religion; sex; age; ancestry; national origin; sexual orientation; physical or mental disability; veteran's status; medical condition (as defined in Section 12926 of the State of California Government Code and including cancer-related medical conditions and or genetic characteristics); genetic information (as defined in the Genetic Information Nondiscrimination Act of 2008 and including family medical history); marital status; gender identity, pregnancy, or citizenship (within the limits imposed by law or the City's policy) or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994 ). Design Build Entity will also take affirmative action to ensure that any such employee or applicant for employment is not discriminated against on any of the bases identified above. Such equal treatment shall apply, but not be limited to the following: employment; upgrade; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Design Build Entity also agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Design Build Entity will, in all solicitations or advertisements for employees placed by or on behalf of the Design Build Entity, state that qualified applicants will receive consideration for employment without regard to: race; color; religion; sex; age; ancestry; national origin; sexual orientation; physical or mental disability; veteran's status; medical condition (as defined in Section 12926 of the State of California Government Code and including cancer-related medical conditions and or genetic characteristics); genetic information (as defined in the Genetic Information Nondiscrimination Act of 2008 and including family medical history); marital status; gender identity, pregnancy, or citizenship (within the limits imposed by law or the City's policy) or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994). For purposes of this provision: (1} "Pregnancy" includes pregnancy, childbirth, and medical conditions related to pregnancy and childbirth; and (2) "Service in the uniformed services" includes membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services . . 2 Design Build Entity and all Subcontractors will permit access to their records of employment, employment advertisements, application forms, and other pertinent data and records by the City or any appropriate agency of the State of California designated by the City for the purposes of investigation to ascertain compliance with this Article 14.1. The outcome of the investigation may result in the following: 2-15-12 .1 A finding of willful violation of the provisions of this Contract or of the Fair Employment Practices Act may be regarded by the City as ( 1) a basis for determining that Design Build Entity is not a "responsible bidder" as to future contracts for which such Design Build Entity may submit bids, or (2) a basis for refusing to accept or consider the bids of Design Build Entity for future contracts . .2 The City may deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has (1) investigated and determined that Design Build Entity has violated the Fair Employment Practices Act, and (2) issued an order under the State of California Government Code Section 12970 or obtained an injunction under Government Code Section 12973 . . 3 Upon receipt of such written notice from the Fair Employment Practices Commission, City may notify Design Build Entity that, unless it demonstrates to the satisfaction of City within a stated period that the violation has been corrected, Design Build Entity's Proposals on future projects will not be considered . . 4 Design Build Entity agrees that, should the City determine that Design Build Entity has not complied with this Article 14.1, Design Build Entity shall forfeit to the City, as a penalty, for each day or portion thereof, for each person who was denied employment as a result of such non-compliance Such penalty amounts may be recovered from Design Build Entity; and the City may deduct any such penalty amounts from the Contract Sum . . 5 Nothing contained in this Article 14.1 shall be construed in any manner so as to prevent the City from pursuing any other remedies that may be available at law. Page 54 of 57 General Conditions c <<~'c CITY OF ~CARLSBAD Las Palmas Renovations Project No. 4207 CALi!ORN\A .6 Design Build Entity shall meet the following standards for compliance and provide the City with satisfactory evidence of such compliance upon the City's request, which shall be evaluated in each case by the City: .1 Design Build Entity shall notify its Superintendent and other supervisory personnel of the nondiscrimination requirements of the Contract Documents and their responsibilities thereto . . 2 Design Build Entity shall notify all sources of employee referrals (including unions, employment agencies, and the State of California Department of Employment) of the nondiscrimination requirements of the Contract Documents by sending to such sources and by posting the Notice of Equal Employment Opportunity (EEO) . . 3 Design Build Entity or its representative shall, through all unions with whom it may have agreements, develop agreements that (1) define responsibilities for nondiscrimination in hiring, referrals, upgrading, and training and (2) implement an affirmative nondiscrimination program, in terms of the unions' specific areas of skill and geography, such that qualified minority women, non-minority women, and minority men shall be available and given an equal opportunity for employment. .4 Design Build Entity shall notify the City of opposition to the nondiscrimination requirements of the Contract Documents by individuals, firms, or organizations during the term of the Contract. .7 During the performance of this contract, the recipient, Design Builder and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, sexual orientation, marital status, age (over 40) or sex. Design Builder shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Labor Code Section 1735 requires as follows: The Design Builder shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. A violation of any of the Fair Employment Practices requirements of this Contract or of the California Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Design Builder to be not a "responsible "bidder"' as to future contracts for which such Design Builder may submit bids, for revoking the Design Builder's pre-qualification rating, if any, and for refusing to establish, re-establish or renew a pre-qualification rating for the Design Builder and any other contractual remedies and rights that may be available to the City to enforce compliance or penalize Design Builder for non-compliance. The Design Builder agrees, that should the awarding authority determine that the Design Builder has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Sections 1735 and 1775, the Design Builder shall, as a penalty to the Awarding Authority forfeit, for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Design Builder. The awarding authority may deduct any such damages from any monies due the Design Builder .8 Design Build Entity shall include the provisions of the foregoing Articles 14.1.3.2.1 through 14.1.3.2. 7 in all subcontracts with Subcontractors, so that such provisions will be binding upon each such Subcontractor. 14.2 NOT USED 14.3 NOT USED 14.4 NOT USED 2-15-12 Page 55 of 57 General Conditions c <<~' CITY OF ~CARLSBAD CAL!I·ORNIA 14.5 CONSTRUCTION WORK-DAY Las Palmas Renovations Project No. 4207 14.5.1 Design Build Entity shall not permit any worker to labor more than 8 hours during any 1 day or more than 40 hours during any 1 calendar week, except as permitted by law and in such cases only upon such conditions as are provided by law. Design Build Entity shall forfeit to the City, as a penalty, $25 for each worker employed in the execution of this Contract by Design Build Entity, or any Subcontractor, for each day during which such worker is required or permitted to work more than 8 hours in any 1 day and 40 hours in any 1 calendar week in violation of the terms of this Article 14.5 or in violation of the provisions of any law of the State of California. Such forfeiture amounts may be deducted from the Contract Sum. Design Build Entity and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each day and each calendar week by each worker employed on the Project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 GOVERNING LAW 15.1.1 This Contract shall be governed by the laws of the State of California. 15.2 SUCCESSORS AND ASSIGNS 15.2.1 The City and Design Build Entity respectively bind themselves and their successors, permitted assigns, and legal representatives to the other party and to the successors, permitted assigns, and legal representatives of such other party in respect to covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract, in whole or in part, without prior written consent of the other party. Notwithstanding any such assignment, each of the original contracting parties shall remain legally responsible for all of its obligations under the Contract. 15.3 RIGHTS AND REMEDIES 15.3.1 All City's rights and remedies under the Contract Documents will be cumulative and in addition to, and not in limitation of, all other rights and remedies of the City under the Contract Documents or otherwise available at law or in equity. 15.3.2 No action or failure to act by the City or City's Representative will constitute a waiver of a right afforded them under the Contract, nor will such action or failure to act constitute approval of or acquiescence in a condition or breach thereunder, except as may be specifically agreed in writing. No waiver by the City or City's Representative of any condition, breach or default will constitute a waiver of any other condition, breach or default; nor will any such waiver constitute a continuing waiver. 15.3.3 No provision contained in the Contract Documents shall create or give to third parties any claim or right of action against the City, City's Representative, or Design Build Entity. 15.4 SURVIVAL 15.4.1 The provisions of the Cantract which by their nature survive termination of the Contract or Final Completion, including all warranties, indemnities, payment obligations, and the City's right to audit Design Build Entity's books and records, shall remain in full force and effect after Final Completion or any termination of the Contract. 15.5 COMPLETE AGREEMENT 15. 5.1 The Contract Documents constitute the full and complete understanding of the parties and supersede any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may be modified only by a written instrument signed by both parties or as provided in Article 7 of the General Conditions. 2-15-12 Page 56 of 57 General Conditions c c «~'( CITY OF ~CARLSBAD CAL!J·ORNIA 15.6 SEVERABILITY OF PROVISIONS Las Pa/mas Renovations Project No. 4207 15.6.1 If any one or more of the provisions contained in the Contract Documents should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15.7 THE CITY'S RIGHT TO AUDIT 15.7 .1 The City and entities and agencies designated by the City will have access to and the right to audit and the right to copy at City's cost all of Design Build Entity's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, and memoranda relating to the Work. Design Build Entity shall preserve all such records and other items during the performance of the Contract and for a period of at least 3 years after Final Completion. 15.8 NOTICES 15.8.1 Except as otherwise provided, all notices, requests, demands, and other communications to be given under the Contract Documents shall be in writing and shall be transmitted by one of the following methods: .1 Personally delivered . . 2 Sent by facsimile where receipt is confirmed . . 3 Sent by courier where receipt is confirmed . .4 Sent by registered or certified mail, postage prepaid, return receipt requested. 15.8.2 Such notices and other communications in above Article 15.8.1 shall be deemed given and received upon actual receipt in the case of all except registered or certified mail; and in the case of registered or certified mail, on the date shown on the return receipt or the date delivery during normal business hours was attempted. Such notices and communications shall be given at the respective street addresses set forth in the Agreement. Such street addresses may be changed by notice given in accordance with this Article 15.8. 15.9 TIME OF THE ESSENCE 15.9.1 Time limits stated in the Contract Documents are of the essence of the Contract. 15.10 MUTUAL DUTY TO MITIGATE 15.10.1 The City and Design Build Entity shall use all reasonable and economically practicable efforts to mitigate delays and damages to the Project and to one another with respect to the Project, regardless of the cause of such delay or damage. 15.11 DESIGN BUILDER'S AWARENESS AND COMPLIANCE WITH ADA ACT OF 1990 AND RELATED STANDARDS 15.11.1 The Design Builder's execution of the signature portion of the proposal shall constitute that the Design Builder is aware of the requirements of the Americans with Disabilities Act of 1990 (42 USC §§ 12101) and related accessibility standards and has complied with and will comply with these requirements, including, but not limited to verifying compliance of their contractors, consultants, agents and employees and constructing the project consistent with current accessibility statutes and regulations 15.11.2 The Design Builder shall be responsible to verify with the City that that all finished sidewalk, ramp, entry access grades, and travel paths strictly meet ADA requirements using a 2-foot long electronic "smart level" or other device acceptable to City. General "construction tolerances" are unacceptable. The above requirements shall supersede grades shown on plans. If these requirements cannot be met with the existing grades or other physical or practical limitations, Design Builder shall immediately notify City for direction before work takes place. Design Builder shall be responsible for the costs of any corrective work due to Design Builder's failure to meet these requirements. 15.11.3 The City of Carlsbad does not discriminate on the basis of handicapped status in the admission or access to, or treatment of, or employment in its programs or activities 2-15-12 Page 57 of 57 General Conditions - ORIGINAL PROPOSAL SUBMISSION PRAVA CDNIITRUCTIQN SERVICitB, INC. Executive Summary The PRA VA Construction Team has the "Spot-on" experience, depth of knowledge, capabilities and resources to provide The City of San Diego seamless delivery of this important project. PRA VA Construction Certifications: MBE, SLBE, DBE Experience. Our team brings a degree of unique design-build construction experience and project construction management that is a step above other contractors. We have the necessary experience in contracting with local, state and federal government agencies. We understand how to coordinate work of governmental agencies and have strong corporate experience and references. Quality Control. Our project team will be led by a veteran design team and construction field Superintendent who will be the on-site single point of contact with decision-making capability to keep the project on-schedule and on-budget. Exceptional customer care is a fundamental tenet of our daily work. Every PRA VA project has a Quality Control/Quality Assurance plan that is implemented and monitored by the Project Manager. PRA VA Construction and its team have a substantial amount of experience in comfort station renovations and building. These past and present experiences will be an asset in designing, building and managing the Las Palmas project. Inclusions. Our Proposal includes all requested RFP materials, in addition we included items that we feel will highlight additional experiences and expertise. With PRAVA being an MBE contractor we go through great lengths to reach out to other DBE's, DVBE's, SLBE's and ELBE consultants, suppliers and contractors. With our years and history of outreach to other DBE firms and contractors we bring an experienced diverse group to your project. Importance. PRA VA and their team understand the importance of completing this project within the scheduled time frame. In order to achieve the intended completion it is our intent to have an open dialog and a collaborative effort with the City to meet the schedule objective. c c PRAVA CONSTRUCTION SERVICES. INC. Kalina Houck· Project Coordinator Kalina joined the PRAVA team in March 2010. She has Bachelors in Science and she has transitioned successfully into the position of Project Coordinator/Administrative Assistant. She has excellent communication skills and is responsible for document control, and closeout for each project, as well as marketing, business development and social media. She works very well with owners and subcontractors developing long term relationships. Kalina is continuously educating herself. She is an asset to our team. Below is a brief list of the projects that she has helped to complete. Educational Background • Bachelors in Science • Project Engineer Certificate • Notary Coca-Co/a Blow Mold Roof Raul Ramirez, 562-803-8121, rramirez@coca-cola.com Skylight repair and intermediate re-roofing of failed roofing over 12,00sf for an existing building in the Coca-Cola Bottling Facility plant. SDG&E OCCO Roof Zachary Randal, 858-503-5431, zrandel@semprautilities.com Vacuumed/removed loose gravel and installed new mechanically fastened 60 mil Tri-Polymer Alloy membrane system on operations building over 3/8" secure rock cover board. GMBI Steve Easley, 619-261-3700, seasley@gmbi.net This 3,850 square foot design-build tenant improvement is a high end sales showroom for office furniture systems. The scope of work includes a complete gut and remodel of the existing office area. This includes structural engineering for a large opening in an existing wall for a translucent walls system, relocation of the restrooms, the addition of a single user restroom for the warehouse area, a two tiered acoustical ceiling system that utilizes a new LED lighting system that is part of the acoustical ceiling grid, a visual display wall, decorative wall elements and other high end finishes. SDGE CP6 & CP3 Keir Toth, 858-610-3208, KBToth@semprautilities.com Remodel of three sets of Mens/Womens restroom for SDGE. New framing, drywall, tile, toilet partitions, toilet accessories, countertops, and fixtures. Rework of existing plumbing. SDG&E OCCO Tl Zachary Randal, 858-503-5431, zrandel@semprautilities.com 8,500 sf Tl inside a two story occupied building, including men's I women's sh_ower and locker facilities, break room, conference rooms, ADA upgrades with new finishes in all restrooms, and a high occupancy Crew Room. High end finishes throughout. Also includes exterior site improvements that include highly decorative Lithocrete concrete paving, with hand seeded finishes, CMU walls, automatic gates, landscape improvements, canopy's, parking improvements, CNG fuel distribution stations and misc. site appurtenances. Enterprise Pacific Beach Mike Peters, 310-613-5105, Michaei.Peters@ehi.com Design build of new 1500 sf Rental Car Agency and associated site work. Work included wood framed building with stucco finish, parking lot with Permeable Paver drive surface and associated curb, gutters and sidewalks. PRAVA CONSTRUCTION SERVICES, INC. Phil's BBQ Ron Collins, 925-625-17 46, ron@chestnutco.com A tenant improvement from a shell conditions for a new Phil's BBQ restaurant and bar that is located in the new Terminal2 West of the San Diego International Airport. The project consists of minor demolition, structural steel upgrades, architectural wood finishes, tile, terrazzo and epoxy flooring, metal studs & drywall; acoustical ceilings, complete new kitchen with new utilities, a separate remote storage area for the walk-in cooler, custom bar and a large concourse seating area. Stone Brewing Ron Collins, 925-625-17 46, ron@chestnutco.com A tenant improvement from a refurbished shell conditions for a new Stone Brewing restaurant and bar that is located in the Terminal2 of the San Diego Airport. The project consists of minor demolition, structural steel upgrades, architectural metal finishes, tile and epoxy flooring, walls with tile, stone and metal finishes; acoustical ceilings, acoustical clouds, complete new kitchen with new utilities, a separate remote storage area for the walk-in cooler, custom horseshoe bar and a concourse seating area with a decorative guardrail. Bovs & Girls Club of North Countv Game Room Allison Barclay, 760-728-5871, AllisonB@bgcnorthcounty.org The project was designed to fulfill the need for a more safe and modern games room to be able to focus the need of safety for their children and to encourage them to join the club and become active regular members. This was accomplished by knocking out the wall that separated the games room and video room to make it more open for supervision as well as replacing the walls and floors, installing new lighting, installing a heating and air conditioning system which previously did not exist, and adding additional storage and cubbies for the member's belongings. SDG&E North Coast Mobile Buildings Keir Toth, 858-610-3208, KBToth@semprautilities.com Construct a Mobile Building to be utilized as a temporary multi-purpose office and meeting room to accommodate up to 120 crew members weekly for training and drug testing. The project is approx. 2,850 sf and includes: mobile building placement, unisex toilet facility, prefabricated ramps, stairs, landings, and shade covering, painting, lighting, HVAC, and electrical. San Diego Humane Societv Renee Harris, 619-299-7012, rharris@sdhumane.org Interior remodel to an existing Veterinarian facility including: ADA compliant parking, new ADA compliant restrooms, all new surgery and treatment rooms, new animal food prep kitchen, new radiology and isolation rooms and new Vet prep area. New interior finishes including paint, acoustic ceilings, vinyl and epoxy flooring. Specialty items to include oxygen lines to surgery areas and an anesthesia recovery system. National Car Rental Tl Randy Kinsey, 314-512-5000, randy.kinsey@ehi.com The National Car Rental improvements consist of parking lot upgrades and interior improvements to the lobby and restrooms. The parking lot and building will receive new canopies, lighting, security gates, decorative signs, and directional signage. There will be new drainage and concrete installed at two existing carwashes. There is also sealing of approximately 170,000 square feet of asphalt along with new striping. The interior improvements consist of new flooring, paint, sign age, restroom fixtures, acoustic ceiling upgrades, lighting, and a new transaction countertop. c PRAVA CONSTRUCTION SERVICES. INC. We/k Resort Expansion Jeff Brusseau, Newport National Corporation, 760-607-4282, Jbrusseau@newportnational.biz Construct 3,200 sf expansion of office space on the 4th floor in a Class A occupied midrise building. Construction ties the existing suite, fully occupied into the adjacent shell condition expansion area. All new finishes are included, as well as new electrical, mechanical, and plumbing systems. Schedule was 6 weeks fast track start to finish. OB Comfort Station Elif Cetin, 619-533-5107, ecetin@sandiego.gov The Prava/Sillman Wright Architects Design Build team is currently working with the City of San Diego on the Design-Build of a 2,000 s.f., one-story public comfort station to replace the existing comfort station. There are several elements of construction including but not limited to demolition of remaining structure and foundations, building a new 1,100 s.f. comfort station that will require grading of the site, utility infrastructure, concrete foundations and site work, masonry and cast-in-place concrete walls, structural steel, metal roofing, doors, frames, hardware, plaster, paint, plumbing, electrical, photovoltaic systems, and minor landscape. Coca-Cola Blow Mold Raul Ramirez, 562-803-8121, rramirez@coca-cola.com The project consists of new construction inside an operating bottling & distribution plant including a new 3,500 square foot compressor equipment room with a structural steel mezzanine; CMU walls, a 9,500 square foot slab on grade with four (4) large super flat equipment pads for new bottle processing equipment, and an exterior cooling tower support structure, with electrical, mechanical, and fire suppression for high bay product racking, along with mise finishes, including epoxy floors and coatings. SYSCO San Diego, Inc Mike Schwartz, 262-369-3535 , mschwartz@esigroupusa.com Multiple phase remodel of Sysco Foods Distribution I Cold & Dry Storage Facility in Poway CA. Work includes locker rooms remodels, break rooms expansions, operations area, kitchen and kitchen prep areas, business review areas, multi-purpose rooms, executive offices and conference rooms. Trades include demolition, steel studs and drywall, glass and glazing, acoustic ceilings, doors/ frames/ hardware, flooring, ceramic tile, operable partition doors, accordion doors, kitchen equipment, lath and plaster, specialty lockers, electrical, HVAC, and plumbing. c Partial Design Build Firm Experience Parkway Plaza Michael Jessen, 619-579-9974, mjessen@starwoodretail.com Demolition and preparation of approximately 20,600 s.f. to be used as the new retail space of a H&M Shell in Parkway Plaza in El Cajon, CA. Project included demo and replacement of 7 Roof Mounted HVAC units in new locations, demolition of existing curbs, framing for new HVAC curbs, and framing/patch back at roof of structure and roof membrane at new and demoed unit locations. Coca-Cola Blow Mold Roof Raul Ramirez, 562-803-8121, rramirez@coca-cola.com Skylight repair and intermediate re-roofing of failed roofing over 12,00sf for an existing building in the Coca-Cola Bottling Facility plant. SDG&E OCCO Roof Zachary Randal, 858-503-5431, zrandel@semprautilities.com Vacuumed/removed loose gravel and installed new mechanically fastened 60 mil Tri-Polymer Alloy membrane system on operations building over 3/8" secure rock cover board. SDGE Jacumba Tracy McDowell, 318-767-5541 , tracy .mcdowell@betaengineering .com This design-build warehouse project consists of a 7,200 square foot pre-engineered metal structure which is located in a remote area of San Diego. The scope of work included structural concrete foundation and slab on grade, a pre- engineered metal structure manufactured by CBC with AWIP wall and roof panels, (3) motorized McKeon roll-up coiling doors, a 14 foot diameter fan manufactured by Big Ass Fan, (8) motorized storm louvers and (2) rooftop exhaust fans that are thermostatically controlled to operate as a single ventilation system, HVAC controls system, lighting with lighting control system and an electrical system to facilitate the customer's needs. GMBI Steve Easley, 619-261-3700, seasley@gmbi.net This 3,850 square foot design-build tenant improvement is a high end sales showroom for office furniture systems. The scope of work includes a complete gut and remodel of the existing office area. This includes structural engineering for a large opening in an existing wall for a translucent walls system, relocation of the restrooms, the addition of a single user restroom for the warehouse area, a two tiered acoustical ceiling system that utilizes a new LED lighting system that is part of the acoustical ceiling grid, a visual display wall, decorative wall elements and other high end finishes. Air Products David McKinley, 619-857-3172, davidjmckinley@gmail.com Design build for two labs (New Products Development) and (Analytical Analysis) totaling over 6,000 sf. Project included: New 50 ton heating/ cooling capacity make up air, (10) fume hoods, dry agent fire suppression, stainless steel lab case work and benches, glove boxes, chemical containment storage area, stainless steel pipe and distribution for hydrogen/ nitrogen system, Dl water, organic and inorganic fume hood exhaust system and scrubber system tie-ins. All finishes, including epoxy flooring, vinyl rock ceiling tile, paint, new walls and other systems components are in a H3 occupancy environment. This project was completed in a fully functioning and occupied facility. Enterprise Pacific Beach Mike Peters, 310-613-5105, Michaei.Peters@ehi.com Page 1 of3 Design Build of new 1500 sf Rental Car Agency and associated site work. Work to including wood framed building with stucco finish, parking lot with Permeable Paver drive surface and associated curb, gutters and sidewalks. Project will be completely enclosed with wrought Iron Fencing and rolling access gates. Offsite work consists of removal and replacement of all existing curb, gutter and sidewalks along Garnet and Mission bay Drive. Bovs & Girls Club of North County Game Room Allison Barclay, 760-728-5871, AllisonB@bgcnorthcounty.org The design build project was designed to fulfill the need for a more safe and modern games room to be able to focus the need of safety for their children and to encourage them to join the club and become active regular members.This was accomplished by knocking out the wall that separated the games room and video room to make it more open for supervision as well as replacing the walls and floors, installing new lighting, installing a heating and air conditioning system which previously did not exist, and adding additional storage and cubbies for the membe~s belongings. SDGE Suncrest Substation Tracy McDowell, 318-767-5541, tracy.mcdowll@betaengineering.com Design build of a 7,000 square foot pre-engineered metal warehouse building with a 900 square foot steel mezzanine with concrete deck. Also provided was the construction of the foundation, scab-on-grade, and concrete ramps. San Diego Humane Society Renee Harris, 619-299-7012, rharris@sdhumane.org Design Build of an interior remodel to an existing Veterinarian facility including: ADA compliant parking, new ADA compliant restrooms, all new surgery and treatment rooms, new animal food prep kitchen, new radiology and isolation rooms and new Vet prep area. New interior finishes including paint, acoustic ceilings, vinyl and epoxy flooring. Specialty items to include oxygen lines to surgery areas and an anesthesia recovery system. 08 Comfort Station Elif Cetin, 619-533-5107, ecetin@sandiego.gov The Prava/Sillman Wright Architects Design Build team is currently working with the City of San Diego on the Design- Build of a 2,000 s.f., one-story public comfort station to replace the existing comfort station. There are several elements of construction including but not limited to demolition of remaining structure and foundations, building a new 1,100 s.f. comfort station that will require grading of the site, utility infrastructure, concrete foundations and site work, masonry and cast-in-place concrete walls, structural steel, metal roofing, doors, frames, hardware, plaster, paint, plumbing, electrical, photovoltaic systems, and minor landscape. Enterprise Huntington Beach Mike Peters, 310-613-5105, Michaei.Peters@ehi.com Design Build of an existing rental vehicle office and customer service building. Includes demolition of existing, new MEP, and finishes. SCE Tulare Andy Deahl, 626-302-6289, andy.deahl@sce.com Design build of a 70 Kw photovoltaic system for Southern California Edison at their AGTAC educational facility in Tulare, CA. The project consisted of 996 thin film First Solar panels located on (3) structures with (2) inverters. SDG&E Imperial Valley Warehouse Shaun Gahagan, 858-503-5124, sgahagan@semprautilities.com This project is a design build facility of a 7,200 square foot Metal building with a structural steel mezzanine and concrete in support of the new Sunrise Power Link system. This warehouse will store conductors and insulators required to service the power link and is a vital storing facility for any emergency situations. One of the specialty construction items of this project consists of large dual louver systems used for ventilation. These louver systems Page 2 of3 c PRAVA CONSTRUCTION SERVICES, INC. have an exterior louver to keep the facility sand free during wind storms and is controlled electronically through a micro weather station located on the roof. A couple of other interesting aspects of this project are a internal trolley system used for loading supplies for transportation and electrified roll-up doors. This project is located in the wilderness of the Imperial Valley which adds to the complexity of the project. Page 3 of3 c PRAVA CON8TRUCTlQN EIE..vtCE8, INC. Proposed Project Team PRA VA Construction Services, Inc. takes client relationships very seriously and there for we are always putting the needs of our customer first. Each project that we work on deals with a different amount of time requirements so PRAVA puts together a set schedule to meet the needs of the client on a job to job basis. PRAVA will put a schedule together showing a time and a team commitment that will guarantee that the job will be done on time. Not only will we provide this time commitment but we will work on doing the job in the most cost effective way as possible. We will always put the best interest of our client first and work diligently to meet all of their needs in a costly manner. If a job consists of 50% or 75% of PRAVA's time then we will make sure that we are strategically using the time that we have to make sure that the project is done on time and is managed in the most effective and cost savings way. Each job needs to be looked at on an individual bases to see how much time needs to be spent to complete the job on time. In addition, we will make sure that the scheduling will be set to meet the customer's time schedule and will work with the subcontractors to meet our client's needs. c PRAVA COM8TaUCTION SCaY1CIE8, INC. Roles and Responsibilities PRAVA Construction Services, Inc. team Roles and Responsibilities for the Las Palmas project: Glenn Torrez· Project Executives/Principal • Oversee project budget • Oversee project schedules • Oversee subcontracts • Oversee project safety • Communications Andre Ramirez· Project Manager • Manage project budget • Manage project schedules • Manage subcontracts • Manage project safety • Communications Brian Buckhout-Superintendent • Supervisor of construction • Controls & coordinates subcontractors • Communications with clients • Day to day scheduling • In charge of on site safety Kalina Houck-Project Coordinator • Document Control • Submittals • Change Orders • RFis • Communications c Page 1 of 1 c PRAVA CDNSTRUCTUlN SERVICES. INC. Glenn Torrez -President I Chief Executive Officer Glenn has been a California licensed General Contractor since 1988 and shortly after started, owned and operated GT Construction from 1988-1996. He sold the company in 1996 and he and his family relocated to San Diego, where Glenn went to work as a Project Manager for Nielson Dillingham Builders. His first assignment was to manage the Qualcomm (football I baseball stadium) Sky Box renovations. His next assignment was managing the Sempra Energy Utilities account which he managed until the NOB dissolved in 2003. In December of 2004 Sempra Energy approached Glenn to manage their headquarters remodel, he accepted the offer and in January of 2005 PRAVA Construction Services, Inc. was formed. He then spent the next 3+ years managing their headquarters remodel. During this time Glenn was working on plans to expand his client base and grow his company, which he did. Within his first two years in business he hired four (4) people to assist with the growth of the company. His company now employees eighteen full time and one (1) part time employees. As owner of PRA VA Construction Services, Inc. he overseas business development, marketing, estimating, project schedules, quality and customer satisfaction; as well as, maintaining and ensuring open lines of communication among owner representatives, design consultants, and PRAVA field and management teams. Glenn is a strong believer in community involvement. He and many of PRA VA employees donate and participate with several charities throughout San Diego. Glenn is active with many of these charitable organizations such as SDRMSDC (San Diego Regional Minority Supplier Diversity Council), Autism Speaks, San Diego Youth Services, 2K4Kids, Boys and Girls Club of North County where he serves on the board, and the AGC (Association for General Contractors SO) where he serves on their "Build & Serve" committee which serves non-profits with donated construction needs such as materials and labor to complete their projects. PRA VA is a certified Minority Business and Glenn is very active with the Council for Supplier Diversity in San Diego where he serves on the committee to represent other MBE's. In 2011 he also created a MBE Networking group and strives to work with more MBE Businesses on every project. This year PRAVA is projected to spend in excess of $1 million with MBE Businesses. His company won 2008 MBE Supplier of the Year for San Diego, was nominated for 2008 MBE Supplier of the Year for Southern California, and is the 2011 MBE Supplier of the Year for Southern California. Throughout his career, Glenn has completed numerous construction projects varying in degrees of complexity and scale. His experience includes ground up buildings, complete building renovations, and tenant improvements to various buildings for both Public Works, and Private Sectors. Glenn's ability to deliver complex construction projects and exceed clients' expectations has anchored his career in the building industry. PRAVA has been providing Construction Management and General Contracting Services to a diverse group of C clients including: PRAVA CONSTRUCTION SERVICES, INC. Sempra Energy, San Diego Gas and Electric, Southern California Edison, Southern California Gas Company, Enterprise Rent A Car, Bank of the West, Mira Mesa City College, Boys and Girls Club of North County, San Diego City College, Palomar College, The City of San Diego, Reef, Kratos, Solar Turbines, Aviara, LBA Realty, San Diego Youth Services, Augen Optics, Artemis Institute for Clinical Research, Marquis Property Company, L TO, AAA, Delaware North Company, SYSCO Corporation, and Coca-Cola Refreshments. Glenn takes pride in his family owned business and exceeding their customers' expectations and will always put the needs of their clients first. He as well as the business are focused on our environment and Green building as PRA VA is "Building with the Future in Mind". Lastly, Glenn also believes in good old fashion hard work as shown through PRAVA's Mission Statement below. Mission Statement: PRAVA Construction Services, Inc. will strive to provide superior service with the highest level of integrity. We will exceed expectations by providing attentive guidance, pro-active communication, utilizing leading edge technology and good old-fashioned hard work. We are committed to our core values: Integrity. Professionalism . Fairness . Respect. c c Andre Ramirez -Project Manager Andre is a USGBC LEED AP and a degreed civil engineer with over 18 years in the construction industry beginning with hands-on field experience followed by 10 years of project engineering and project management experience who joined our team in 2014. Adept at identifying opportunities for value engineering and efficiency streamlining to ensure projects are completed on time and within budget. He has experience with all phases of project management from business development and pre-construction through project completion. He has strong skills developing teams and satisfying clients to ensure repeat business. Andre has a background of new construction and tenant improvements in various industries such as education, entertainment, hospitality, gaming, and healthcare. EducationfTraining experience include: • USGBC LEED AP • CPM Scheduling: Microsoft Project & Suretrak -Primavera • BIM Coordination • Structural Systems analysis • Estimating • Budgeting • Value Engineering • Quality Control • Labor Production Analysis • OSHA 1 0 Hour • Construction Council Excavation Competent Person • BS -Civil Engineering/Construction ManagemenUStructural Engineering Parkway Plaza Michael Jessen, 619-579-9974, mjessen@starwoodretail.com Demolition and preparation of approximately 20,600 s.f. to be used as the new retail space of a H&M Shell in Parkway Plaza in El Cajon, CA. Project included demo and replacement of 7 Roof Mounted HVAC units in new locations, demolition of existing curbs, framing for new HVAC curbs, and framing/patch back at roof of structure and roof membrane at new and demoed unit locations. Coca-Cola Blow Mold Roof Raul Ramirez, 562-803-8121, rramirez@coca-cola.com Skylight repair and intermediate re-roofing of failed roofing over 12,00sf for an existing building in the Coca-Cola Bottling Facility plant. SDG&E OCCO Roof Zachary Randal, 858-503-5431, zrandel@semprautilities.com Vacuumed/removed loose gravel and installed new mechanically fastened 60 mil Tri-Polymer Alloy membrane system on operations building over 3/8" secure rock cover board. Ca/Amp Tl: Jeff Brusseau, Newport National Corporation, 760-607-4282, Jbrusseau@newportnational.biz Tenant Improvement in existing occupied Class A office building in Carlsbad including: New walls, doors, windows, ceilings, lighting, power & signal and high end finishes on 2 Stories totaling approximately 23,000 square feet. This work is being done around in place finishes at occupied space with coordination and phasing to eliminate impact to existing occupied offices. Page 1 of2 UCSD Telemedicine Building Structural concrete for the UCSD Telemedicine building. The Telemedicine building is a new 96,000 sq ft facility consisting of lab work space, wet labs, lab support rooms, offices, conference rooms, operating rooms and dining facilities. The three-story cast-in-place concrete building with lower level basement has a total usable square footage of 86,372 cf. GMBI Steve Easley, 619-261-3700, seasley@gmbi.net This 3,850 square foot design-build tenant improvement was a high end sales showroom for office furniture systems. The scope of work included a complete gut and remodel of the existing office area. This included structural engineering for a large opening in an existing wall for a translucent walls system, relocation of the restrooms, the addition of a single user restroom for the warehouse area, a two tiered acoustical ceiling system that utilizes a new LED lighting system that is part of the acoustical ceiling grid, a visual display wall, decorative wall elements and other high end finishes. ERCBurbank Mike Peters, 310-613-5105, Michaei.Peters@ehi.com This project was located within the new addition to the Bob Hope Airport and consisted of installation of the infrastructure for Enterprise Holdings car rental operations. The scope of work included striping the entire parking structure level that will be occupied by, Alamo, Enterprise and National Car Rental offices, running over a mile of electrical conduit for power and communications; coordinating the installation of the client's car rental booths, directional signage, corporate signage, and trade dress; the electrical and plumbing will be tied-in below the post tension slab which will require us to x-ray the slab to locate the post tension cables prior to coring. We will also install the tile and carpet flooring in all the rental booths. UCSD Altman Clinical and Translational Research Institute fCTRII Structural concrete for the CTRI building. The CTRI is a 365,000sf seven-story research facility with three stories partially below grade, including a below grade loading dock, wet and dry research labs, laboratory support space, clinical area, offices, an auditorium and a cafe. Airspace Lounge Anthony Tangorra, 281-546-8679, Atango@airspacelounge.com Airspace Lounge was created to offer innovative airport lounge solutions for customers, airports and airtines throughout the world. Every Airspace Lounge offers customers hushed separation from the busy airport concourse, an array of unlimited complimentary food and beverage. The newest Airspace lounge being constructed at the San Diego International Airport in the existing Terminal 2 east American Airlines Admirals Club is just over 5,000sf, work is phased to allow operations of the existing lounge to remain available to customers. Page 2 of2 Brian Buckhout -Superintendent Brian has been in the construction business for 30 years and he joined our team in 2010. He has performed and overseen many different facets of the construction industry. Brian has extensive knowledge and experience in many areas of construction and management including in the commercial, zoological, botanical, bio-tech, therapeutic and pharmaceutical industries. He joined our team June of 2010 and has been working as a superintendent on numerous projects. Brian is also our company Safety Officer. Below is a brief description of some of the projects he has worked on with PRA VA Construction Services, Inc. Education/Training experience include: • 2000-Mesa College, Building Technologies and Advanced Blue Print reading • 2000-Certification in PE gas line socket and butt fusion welding in ~:-2: dia. • 2005-cGMP levels 1-4 clean room procedures and gowning plating certification • 2007-Certification for forklift operation and safety • 2008 -OSHA 10Hr. Click Safety Program Certification • 2011-CPR and First Aid Training Certification • 2012-CESSWII Certification • 2012-0SHA 30Hr. • 2014 Leadership in Construction Coca-Cola Blow Mold Roof Raul Ramirez, 562-803-8121, rramirez@coca-cola.com Skylight repair and intermediate re-roofing of failed roofing over 12,00sf for an existing building in the Coca-Cola Bottling Facility plant. SDG&E OCCO Roof Zachary Randal, 858-503-5431, zrandel@semprautilities.com Vacuumed/removed loose gravel and installed new mechanically fastened 60 mil Tri-Polymer Alloy membrane system on operations building over 3/8" secure rock cover board. AMBIT Bio Sciences Sorrento Valley, CA Multiple phase Lab Tenant Improvements throughout the facility. Small vivarium lab. Small Mass Spec. Lab with lab gases and casework. Demo Laboratories and Convert to Administrative Offices. Relocate Lab Equipment (fume hoods) and Install in Other Lab Areas. Convert Small Office to a Vivarium. Total estimated build out 33,000 s.f. Scripps Research Institute La Jolla, CA Miscellaneous chemistry and biology laboratories. Including: cold box remediation, new flooring, stainless steel casework and shelving and Post Doc. office remodels .. Total estimated build out 25,000 s.f. Genomatica San Diego, CA Two phase, two story lab and office remodel. Including; new roof mounted filtration equipment for a walk-in fume enclosure, two Mass Spectrometer labs, renovation of large Bio lab and associated equipment and installation of a large cubical farm office. Total estimated build out 10,000 s.f. Page 1 of 4 San Diego, CA Split an existing chemistry laboratory into a freezer farm and mass spectrometry laboratory. Micro Constants San Diego, Ca Remodel of existing laboratory for new tenant that included new chemistry and mass spec laboratories as well as support offices. Burnham Institute San Diego, CA Built new NMR room with recessed pit for 2 new NMRs. Design/build project also included new mechanical and electrical for life safety and utilities for new NMR and staff. Torrey Pines Therapeutics San Diego, CA Multiple laboratory support and administration offices. Domer Hyperbaric Facility San Diego, CA Construction of a therapeutic hyperbaric chamber treatment center, including doctor and administration offices, rest rooms, treatment room, bulk tank storage area and ADA compliant entry upgrades. Arena Pharmaceuticals San Diego, CA Office reconfigurations NMR lab remodel Radiation and Mass Spec. lab reconfiguration. Chemical Storage Expansion Arena Pharmaceuticals San Diego, CA H-3 Chemical Storage Facility Nissan Design Center San Diego, CA Exterior Equipment Enclosure Planter Water Proofing Vital Therapies San Diego, CA Office reconfiguration, Two Sets of Restroom Remodels, Clean room Build and Additional Laboratories, and ADA Entry Upgrades, -including sidewalks, hand rails, parking stalls and signage. TSRJIMM Building and MEM Building San Diego, CA Office and Lab Remodel Page 2 of 4 /~'~, ~ "--'· TSRI Stein Building San Diego, CA Multiple Office and Lab Remodels Including; New Tissue culture, Bacteria and Mass Spectrometer Labs, new Equipment and Tank storage rooms, break room and conference room. Genwav Biotech San Diego, CA Construction of a new clean room facility, office modifications, new break room and bring building up to current ADA codes. Traversa San Diego, CA Lab and Office Remodel including the installation of a Hepa filter cold box and associated equipment, procedure and vivarium rooms. SDGE Miramar Metal Structure San Diego, CA The project at SDGE's Miramar industrial facility consists of removal of an existing section of concrete slab, excavation and drilling for column footings, pouring a new concrete slab, fabrication and installation of a structural steel cantilevered metal canopy to accommodate four metal scrap bins. This project included 6 caisson footings that were 18' deep. SDG&E OCCO Tl San Clemente, CA 8,500 sf Tl inside a two story occupied building, including men's I women's shower and locker facilities, break room, conference rooms, ADA upgrades with new finishes in all restrooms, and a high occupancy Crew Room. High end finishes throughout. Also includes exterior site improvements that include highly decorative Lithocrete concrete paving, with hand seeded finishes, CMU walls, automatic gates, landscape improvements, large caisson footings for multiple canopy's, parking improvements, CNG fuel distribution stations and misc. site appurtenances. United and Delta Tenant Improvements San Diego, CA Tenant improvement from a shell condition for United and Delta Airline's operations. Trade work associated with this project are: demolition, concrete, structural steel, misc. metals, rough carpentry, millwork, insulation, caulking and sealants, fire proofing and stopping, doors/frames/hardware, roll-up doors, glazing, metal stud framing, drywall, acoustical ceilings, flooring, painting, HVAC, fire sprinklers, plumbing, electrical, and fire alarm. Coca-Cola Blow Mold Raul Ramirez, 562-803-8121, rramirez@coca-cola.com The project consists of new construction inside an operating bottling & distribution plant including a new 3,500 square foot compressor equipment room with a structural steel mezzanine; CMU walls, a 9,500 square foot slab on grade with four (4) large super flat equipment pads for new bottle processing equipment, and an exterior cooling tower support structure, with electrical, mechanical, and fire suppression for high bay product racking, along with mise finishes, including epoxy floors and coatings National Car Rental Tl San Diego, CA The National Car Rental improvements consist of parking lot upgrades and interior improvements to existing lobby and restrooms approx. 2,000 s.f .. The parking lot and building will receive new canopies, lighting, security gates, decorative signs, and directional signage. There will be new drainage and concrete installed at two existing Page 3 of 4 PRAVA CONSTRUCTION SERVICES, INC. '--' carwashes. There is also sealing of approximately 170,000 square feet of asphalt along with new striping. The interior improvements consist of new flooring, paint, signage, restroom fixtures, acoustic ceiling upgrades, lighting, and a new transaction countertop. Page 4 of4 SASC SURt:.:Tv ASSOCI!~TES March 13,2014 To Whom It May Concern: RE: PRA VA Construction Services, Inc. Letter of Bondability We are writing to you at the request of our client, PRA VA Construction Services, Inc. We understand that our principal has expressed an interest in prequalifying with you to bid on future projects, and this letter will serve as confirmation of their bonding capacity for this · purpose. PRA VA Construction Services, Inc. currently has a bonding relationship established through us with Philadelphia Insurance Company. We have never failed to provide surety bond credit to this client. Their current bonding program considers single projects in excess of $2 Million and an aggregate capacity of roughly $5 Million. These are working parameters only and are not intended to be a limitation of what would be considered for this fine account. Should a contract/contracts for future work be awarded to PRA VA Construction Services, Inc., it is our present intention to provide any performance and labor and material bonds as may be required by those contracts. This is contingent upon our satisfaction with the contract documents and the principal continuing to satisfy other underwriting considerations in the normal course of business. You understand, of course, that any arrangement for the final bond(s) is a matter between PRA VA Construction Services, Inc. and their surety, and we assume no liability to third parties, or to you, if for any reasons we do not execute said bond(s). Feel free to contact us at 619/501-1899 if we can be of further assistance in this matter. President Surety Associates of Southern California Insurance Services 5360 Jackson Drive #208 La Mesa, CA 91942 San Diego, California 92120 619.501.1899/619.270.9833 license OG87195 www.sascbonds.com c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~'<X~'<X..~~~'§X,~~~~~«..~«~~'QG.;g(,',~'{Uif.U'®'§<;~~~«~~~'¢ STATE OF CALIFORNIA County of San Diego } On March 13 2014 before me, -'=D~a!!.!n.e.a..=L..,_. !.l!!M!!!.ic<!..!h.e.ae2!1!!>!ist.t..,. ~N~ot~a~ry~P!i.u~b~li~c:::l'T;;r.:-::.=::n;;=-------oate Here Insert Name and Title of the Officer personally appeared __ ..!.A::!!n.!!.n~e~W~rig~h.!!t ______ ___,,_..,...,......,..,.-;-:-;--------------Name{sJ of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(z.) whose name(!~.) is/am subscribed to the within instrument and acknowledged to me that1Gadshe/t:Hsy executed the same inlQ~her/tMQdr authorized capacity(:leK), and that by:toiG/her/Uallixsignature(x) on the instrument the person(ll}, or the entity upon behalf of which the person(X) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h OPTIONAL--------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _____________________________ _ Document Date: ___________________ Number of Pages: _______ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General !if Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______ _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:'---------------- 0 Individual 0 Corporate Officer-Title(s):.__ _______ _ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:. ______ _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here OJ [11 z 0 I 3:: ~ 3:: :s: [11 ;u 0 ); r z (/) c ;u )> z 0 [11 (/) [11 ;u < 0 [11 !fl z 0 00 00 00 j,. ""' j,. 00 ""' 0 r (i f1l z 1""""1.2 ~ () w 0 U1 U1 -...! Denise Torrez PRAY A Construction. Inc. 2038 Corte Del Nogal Suite 100 Carlsbad. CA 92011 RE: Experience Rating Modification Dear Denise: July 13.2012 Just a note to confirm our conversation regarding the above referenced item. Based on the rules stipulated by theCA Workers' Compensation Insurance Rating Bureau, Provo Construction does not meet the minimum premium threshold for a State issued ERM. The WCIRB requires at least $23.500 in annual or comp premium for three consecutive years in order to qualify for an ERM. Provo has not met this threshold. Please let me know if you have any questions or comments. Sincerely, I? 2> --Robert A. Cohen President Benchmark Commercial Insurance Services. Inc. c PRAVA CONSTRUCTION SERVICES, INC. State Of California Et n..':. ;:;;..,.CONTRACTORS STATE LICENSE BOARD ~,.., ACTIVE LICENSE Alllll:- t.-....-878621 ..... CORP ,._.....,. PRAVA CONSTRUCTION SERVICES INC ·-""" 06/30/2016 riA u~ www.cslb.ca.gov 2038 CDRTit DEL NDIOAL, STE 100, CARU!IIIAD, CA 92011 • PHI 17601 929·9787 • FAXI 17601 579•0003 • WWW.PRAVACSI.CCM PRAVA-1 OP ID· LC ACORD"' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYV) ~ 07/07/2014 crs CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ~~LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s}. PRODUCER ~~~l~cT Robert A. Cohen Benchmark Commercial Ins Srvc ~.Nr.fo Exll: 760-632-4840 I W~ Nol: 760-632-4841 Rob Cohen 2530 Gateway Road E·MAIL ADDRESS: Carlsbad, CA 92009 INSUREiill!l AFFORDING COVERAGE NAICIJ Robert A. Cohen INSURER A: Mt Hawley Insurance Co. INSURED PRAVA Construction Services INsuRER a: Sentinel Insurance Company 11000 2038 Corte Del Nogal #100 INSURERc:State Compensation Ins. Fund Carlsbad, CA 92011 INsuRER D: Houston Specialty Insurance Co INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ,, .. ~ .. iwvn LTR POLICY NUMBER lj=JID'v~~) L=Jv~~l LIMITS GENERAl LIABILITY EACH OCCURRENCE $ 1,000,00C -MGL0180885 07/05/2014 07/05/2015 ~~~~4'iJ;~=nce) 50,00C A ~~MERCIAL GENERAL LIABILITY $ _ CLAIMS-MADE [K] OCCUR MED EXP (Any one person) $ 5,00(1 PERSONAL & AOV INJURY $ 1,000,00(] - r-GENERAL AGGREGATE $ 2,000,00(] !ill AGGREnE LIMIT APnS PER: PRODUCTS -COMP/OP AGG $ 2,000,000 ,. POLICY ~~R-i LOC $ AUTOMOBILE LIABILITY &~~~tf1NGLE LIMIT $ 1,000,000 'illiJ>'f f---8 ~ ANY AUTO 57UECVF9236 07/05/2014 07/05/2015 BODILY INJURY (Per person) $ ALL OWNED r--SCHEDULED BODILY INJURY (Per accidanl) $ ~ AUTOS f---AUTOS NON-OWNED h>1WICJib~e HIRED AUTOS AUTOS $ r-------$ UMBRELLA UAB HOCCUR EACH OCCURRENCE $ f---EXCESSUAB CLAIMS·MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION x I T"g2~IM.¥s I 10~-AND EMPLOYERS' LIABILITY YIN 1,000,001J c ANY PROPRIETOR!PARTNERIEXECUTIVE D 1964161-13 11/08/2013 11/08/2014 E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,00(] (Mandatory In NH) E.L DISEASE -EA EMPLOYEE $ ~~~~~~~ ~~PERATIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 D Errors & Omissions HCC1362739 07/14/2014 07/14/2015 Limit 1,000,000 Ded. 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddiHonal Remarks Schedule, If more space Is required) PROOF OF COVERAGE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN -.. PRAVA Construction Services ACCORDANCE WITH THE POLICY PROVISIONS. ~ 2038 Corte Del Nogal #100 AUTHORIZED REPRESENTATIVE Carlsbad, CA 92011 ~-<-a.-~ I © 1988-2010 ACORD CORPORATION. All r1ghts reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD m "' z () I ;: ,. :0 ;>; (1 0 s ;: m :u () ;; r z Ul c "' ,. z () "' {fJ "' ~ (i "' {fJ z () 01 --1 ~ 0 z < -o 1,; () ,,, {fJ c ~ 0 "' z [) z ~ {fJ [) > 10 f5 ~ "' " "' lO " m () "' ,,, "' "' 0) "' 0 Denise Torrez PRAV A Construction Services, Inc. 2038 Corte Del Nogal. Suite 100 Carlsbad. CA 92011 RE: Cci>ty of Carlsbad Project Number 4207 Dear Denise: July 2. 2014 This letter will confirm that PRA VA Construction Services. Inc is able to obtain insurance coverage in lhe limits and ralings staled in the insurance requirement section of lhe above referenced project's contract. Please let me know if you have any questions. Sincerell''l -!-1-1.:-t· Robert b6hen::::::, President Benchmark Commercial insurance Services. Inc. () CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE I 1109 sr~c<'c:<"A:~>t.<'.c<':c'X':C.<'-G<'...r;('.;;."";<'.(;<'.C<'.G<'.<~--<'£-<-~X'-{:<"'.(~;·.·(7<-.c<':{';<:<X'..-.'<'.c<'.c<-.r.<'-'"•<:(':('.ii<'.<:<-.<~-<'.<X':<;<".(;(-..<~<'.d<x":<:;¢<\-;-<'";<"A:X',fX:>.<--;<'..r:<;X;.<.~-:-X'.otX.X a ~ ~ State of California } ~ .. ~ c. -% ~ County of 7'ln '1>1 '6i:> §.· ~. On~u.\,.(1;~;2.~'-~ beforerne, £n~" M \..J~~Jhusl(n.J..ryr .. ~l;,.) \i ~ personally appeared l?..o W.r \-1\ \(...., Co ho.n . ~ HerelnsertNameandlllleoflheOfflCif I I ~~-~ ~ who proved to me on the basis of satisfactory . ~ evidence to be the person(~~?' whose narne(li)(]i)arjii ~ .~. subscribed to the within instrument and acknowledged ~ ~ to me that Qi);l}llllhe'y executed the same in ~ ~r/ti)(tir authorized capacity(lljt). and that by ~ rlti)fllr slgnature(g) on the instrument the ~ ~. nit), or the entity upon behalf of which the ~ .. ~ personijlf acted, executed the instrument. <~ ~ ~ i § I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ ~ Signature: £..!!. Yh W~ ~ -·"~""•"'""""' OPTIONAL ••"''"""~"""""'o ~ ~ Though tiJe in/ormation below is not required by law, il may prove valuable to persons relying on lhe document g ~ and could prevent fraudulent removal and reatlachment of this form 10 another documrml. ~ ~, Description of Attached Document ~ ' ~ ~ Tille or Type of Document: ~ ~ Document Date: Number of Pages: --~~----S c q ~ Slgner(s) Other Than Named Above: ---~ g li Capaclty(les) Claimed by Slgner(s) ~ ~ \\ ~ Signer's Name: Signer's Name: __ ~~ ~ <i n Corporate Oflicer ~ Tille(s): U Corporate Officer ~ Tille(s): ~----~--~----~ ~ Individual : 1 Individual ~ ~ U APa 110 rtnernery-•'nDFalcim 1 iled :, General Top of thumb hete ;-; Partner -U Limited ll General Top or thumb ham ~· ~ r l 0 Attorney in Fact ~ B n Trustee lJ Trustee iJ ~\. E 0 Guardian or Conservator (__1 Guardian or Conservator ~ 0 Other: 0 Other: § ~.·.: -~ ~~-~~-i R Signer Is Representing: --~--Signer Is Representing: ___ 3 ~ ---~----~ t-~·'(,.·( f(,'l._x_;~.:.y~ x;{ X~ >Co(:< :{;<.X,'<!\,.<...;t.,:C(,.~~~.:.:,.:<,..<:.:-r_:.<.~·N'S'V(X.-<,.X.;<,;(,;'(;<,..".:.<:)(.;.(,..'U<,<(..)(;,." ;(,..<:..(,."<.X;< :(,...:;~~'<:{,'0V"-"V~;.t_:;..,'t :-<_,'t,X..."f,X.."<A_.G<_,'{;.(_.<;<._.x.:.<:)t.::<,.-'CY.~ \i 2010 Nallonfl;l Notary Assoclahon • Nat.ona!Hola1y.org • 1·800-US NOTARY (1·800·876-6827) llem 15907 ( () (I) BURKE I f&WONG ENGINEERS c STRUCTURAL ENGINEERING 1. Job Titles and Functions Mark Batten, S.E.-Principal For this contract he will oversee assignment of the project team, scheduling the workload for the structural department, coordinating the schedule, attending design and coordination meetings as required, quality assurance and quality control as well as on-site observation of structural elements during the construction of the project. 2. Credentials Structural Engineer, California, #3235 Professional Engineer, California, #40413 Professional Engineer, Michigan, #029259 Professional Engineer, Washington, #25528 Structural Engineer, Utah, #357568-2202 3. Number Of Years Staff Member Has Been With the Firm 30 years with Burkett & Wong Engineers 4. Educational Background Bachelor of Science, Architectural Engineering Kansas State University 5. Completed Comparable Sized Projects HVAC Projects • MALS-39 and Individual Equipment Issue Warehouse • Brig Renovation and New Riot Gear Storage Building • Marine Mammal Surgical Center • AT&T -Imperial HVAC Pads • Liberty Station Building 902 • Ferring Pharmaceuticals • Palomar College Natural Science Building • Union Bank of California -Electrical Upgrades & T.l. • Calexico High School-HVAC Upgrade • San Diego County Operations Center • Long Beach Community College Math & Tech Building • P-114 MV-22 Double Hangar Replacement • Ethertronics Tenant Improvements • SUHSD-Bonita Vista High School • Mar Vista High School • Family Dollar Store Tenant Improvements • SDUSD-Pacific American Academy 3434 Fourth Avenue · San Diego, CA 92103 P 619 299 5550 · F 619 299 9934 · www.burkett-wong.com San Diego-Los Vegoe CIVIL ENGINEERING SURVEYING LAND PLANNING """""' ,. ~ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Carlsbad Projects Carlbad Ranch Villa 51 & 52 Carlsbad High School Value Engineering Study CVI -Tenant Improvement Grand Pacific MarBrisa Resort-Sales Building Grand Pacific MarBrisa Resort -Villa 59 Grand Pacific MarBrisa Resort 3-story Villa (Carlsbad Ranch Resort) Grand Pacific MarBrisa Resort Phase II (Carlsbad Ranch Resort) Grand Pacific Palisades Bldg B Wall Revision Grand Pacific Palisades Resort Hotel -New First Floor Wall Openings La Costa Canyon High School Marbrisa Resort-Villa Redesign MarBrisa Resort Phase Ill -Clubhouse and Site Structures MarBrisa Resort Phase Ill -Sales Building MarBrisa Resort Phase Ill -Villa 58 MarBrisa Resort Phase Ill -Villa 68 MarBrisa Resort Phase Ill-Villa 69 MarBrisa Resort Phase Ill -Villa 70 Mission Cove-Senior Housing Palomar Concourse One Peer Review-Test Building Engineering Sheraton Carlsbad Patio Restaurant Revision Sheraton Carlsbad Resort & Spa St. Patrick Church Remodel Test Equipment Enclosure Twenty/20 Restaurant Union Bank of California United Healthcare RTU's WFDS -Framing Check Zynga Expansion 6. Employment History Principal BURKETT & WONG ENGINEERS San Diego, California; 1996-Present Engineer KERR CONRAD GRAHAM ASSOCIATES Overland Park, Kansas; 1993-1996 Principal Associate BURKETT & WONG ENGINEERS San Diego, California; 1984-1993 c Design Engineer SSOE, INC. Flint, Michigan; 1978-1984 7. Client References Count)£ of San Diego Jeff Redlitz, Project Manager (858) 694-8834 jeff.redlitz@sdcounty.ca.gov San Diego Unified School District Bill Henning, District Architect (858) 637-3604 bhenning@sandi.net AT&T Kirk Bridgewater, Project Manager (619) 574-3010 kbl318@att.com 8. Project Management Training n/a 9. Percentage of Time Committed 5% c ----,····-·-·--··..::.:··=::....:::::==:::: .. -----·• 30· : WORK IN PROGRESS Pl~tJ?se.: comple.t.e yaJir compariies Wort Wtrtc>ry / CurrerirPer[oimana fttr(5) o:n;;:.ott on-gaci11g pra}e:c:cr. 1{ pessible. iisr projer:tt that ~re similar in size. and KDpe tp whatyosi win pejfahrl. Ust aJ{ 4~ far these: prnju:-u: includlf}g year o[ prof~ cotm-atW, alid. CCN:?t4ct )!tfo. 360./415.00 MAr I yyyy· Crmt:rac.r OriginafA.mOflnt -------- YB4rof1>roj'e.q; :?TAR:r~ 1.2/16/2013 90% -CDJ1PT.ETR El\ID OATS·: 1V'l.ARCH ~l · 2Q]4 ptoj;;.a: Na;m;' ALBERT ElliSTEIN ACADEMY lContoct N11r11t . WAYNE BURTON OwnersMame 4~8 26TH STREET HOLDINGS I.J,Eb:HrtaaJ>ho11e#~858--587 -i9ch· Co.ntr.ac,rors Natne. :BY COR GENERJ.\I.,_ CO:tfTRAC'I'ORS . STUDIO E ·AR.CHT T!i!CT£. Ple.ase. give a De.itrijiliv~ Nill'rirtfVe_ of the Woik . p~rfortned DEMOL:(TION AND ABATEMENT SERVICES . . . 547,000.:00 MMl fl'YY. . Carrtract Orlgmal Amornn -, · · • YeQYofProJec.t. J-2/16/2013. 86% complete. E:nd date 03/3-l:/Z!S~~~- P.l-pjea NQme.. SHADOW MOUNT~IN ClWRCI:l CO!ltact Name BRYAN SNOW - OW:!ers N~ . SHAWOOW MT; MINISTRIES Contr!ct .Phone#. 619 "'4 3 8 ~ 2 8 81 ContractcnName, C:ASPER COMPANY -. . J"ki.tstghre aDescnptit.te. 'ABATEMENT s· ER' v· -c·Es HARD DEMO .AND' Narr.ati\rl!,afth.,work · l. ' !'" INTERIOR·DEMOLITIQN pufonm.d Miii/mi' Yeqro{Projec:t ;I./24[2014 50% complete. Pr~Jeit NRme EMD MILLIPORE-1,\11:\GNIJS OWr!enName' EMD MILLIPORE CORPORATION contractorsNilme: DPR CONSTRUcTION . 185~000.00 Carltr.GICt OrigitUi#Amoulft ___ ---'---........... End date 04/14/:?0]4 Contact Name. RJJSSEI.T. GLASS 'Contact Phrme -t 85 8-5 97-7 0 7 0 ARCHITECT: THE AUSTIN . COMPANY ~9L. _INT_·_E.,.;_R_I_O_R~·'-AND-:_·. ·_E_XTE_.·:~· --R-IO_R_·_D_EM_O_L_I_~_~ I_O_N_. -------'--___ } MM I YY¥Y Contraa: ofi9inal Amount , 15 2 , 5 00 . 0 0 Yearo(Pro]ea 01/07/~014 ... 56%" COMP~ETE END D~'I'E OS/~ 1'J2Q:H Pro,ieaN/;fme ARROWHEAD INSURA:N'd:E:' ymtactName. PAUI, (PJ) PlmLLWITZ Ow~NameARROWfiEAD GENERAL INS. AGENC'iOJnractPhcne# 760-918-6900 ... Coiitrtft:.torsNcmse DEMPSEY CONSTRUCTION ARCHI'};RCT~ ID STUPIOS ~~.lifv~ " I;Juaipt;lve. NarrQtive oftbe liVOrk T-I· INTERIOR DEMOLITION AND ABATEMENT SERVICES ~d !· '· ·-~~--~ ::~~! . :~~.:~: ~r. , .. , ::-.;:: 21 ;;, . ~~~ ~~~ ;r=:~i il ~ li ~ Owners Name MCAS Miramar Environmental Manageme!Obm:act Phone.# 707-265-1100 ------~--~-------Co11tractor-s Name Nova Group, Inc Prevailing Wage: Praje.ct7 _Y_e_s_F_ed_e_r_a_l ___ _ Please. give. a Descriptive Narrative. of the. worlc performed removal of asbestos containing piping. MM I YYYY Days Contract Original Amount 3 5, 2 4 0 • 00 Ye.arofProjea 03/20ll Proje.ctDuration~ch-Octo~ractflnaiAmount 53,133.00 Project Name Renovate Bldg 9 3 -Naval Air Station Contact Name. Stephen l'fishimuta Owners Name NAVFAC SW Contact Phone# 619-226-6834 ContractorsName. MYM Builders & Erickson Hall Pre.vaiiingWagePro}ect? Yes-Federal Please. give a Descriptive. Narrtrtive of rite work performed Inter~or Demo ltlon ana partition wall and rest room ceiling. MM I Yt'YY Days Contract Originaf Amount 13 9 , 8 5 9 • 0 0 Year of Project 0 5/2 0 1.2 Project Duration 0 5 I 2 0 13 Contract final Amount 1 7 8 , 6 3 6 . 0 0 Project Name Berry ELEMENTARY SCHOOL Contact Name MARK SCHULL Owne.t'sName SOUTHBAY UNION SCHOOL DISTRIC'bntm:tl'tton"'# 858-385-8200 Contractvn Name BARNHART-BALFOUR BEATTY Prevailing WGge Pr.ojectl--=Y::..e_s _______ _ Please give a De.scnPt:ive. INTERIOR & EXTERIOR DEMOLITION AND ABATEMENT SERVICES. /1/Qmttive of tb~ work performed MM I YYYY DQYS Contf'tJCt Original Amount 219 ' 4 6 ° · 0 0 Y e.ar of Project 1 0 /2 0 ~ 2 Project Dm·atiott 1 0 I 2 013 ContJ·act Final Ammmt 2 9 2 , 4 8 5 . 0 0 ProjectNQme LINCOLN ELEMENTARY SCHOOL ContactNt~me STEVE GILMAN OwnenName COLTON JOINT UNIFIED SCH. DI~ntactPbone# 909-915-2545 contractors Name BALFOUR BEATTY CONSTRUCTI~amllJWoge Project? -..:!Y'-"E:!JS"--------- PleAse glvtt a Descriptive Narrative. o(the wor* paformed INTERIOR & EXTERIOR DEMOLITION AND ABATEMENT SERVICES. PageS Core Drilling ....._ Concrete Cutting~ Environmental Demolition Greg T. Casper Hazardous Abatement Division Key Qualifications RESUME Greg Casper has over 15 years experience in the concrete-cutting and demolition field. Growing up in the family business, he has learned all aspects of Casper Company operations, including dispatching, estimating and field supervision. As a certified asbestos building inspector, Greg is able to perform hazardous-material surveys, and collection of bulk sample analysis. Utilizing his knowledge of demolition and renovation, Greg has been instrumental in building Casper Company's Hazardous Materials Division. Representative Hazardous Materials Project Experience 464 Prospect Greg provided asbestos abatement for this old hospital that was abandoned 10 years ago. Located on the waterfront in L Jolla, this facility is being transformed into condominiums. Hazardous materials removed included boiler tank insulation, floor tile and roofing. San Diego City, La Mesa-Spring Valley & Lake Elsinore School District Hazardous Materials Abatement Greg oversaw the hazardous material abatement from 14 schools and djstrict buildings throughout San Diego and south Riverside County. Remediation included removal of asbestos flooring, roofing and pipe insulations as well as asbestos-containing soils from crawl spaces beneath the buildings. Lead-based plaster~ stucco and paint was also removed. Naval Ship Hazardous Materials Abatement Working with Continental Maritime, Nassco and Pacific Ship Repair, Greg headed up the Casper crew to remove lead paint from decking, bulkheads, ceilings and walls. Asbestos- containing pipes and "gasket materials were also removed. Since most of the ships involved were nuclear powered, Greg took the necessary steps to maintain the Navy's high-security standards and provided a team properly trained in nuclear safety. Casper also provided all third-party air monitoring and inspection for certification of waste. ,... 3825 Bancroft Drlve /Spring Valley, CA 91977 (: (619) 589-6001 f (619} 589-7158 , Lie. No. 478960 Core Drilling Concrete Cutting Environmental Demolition KEN RINGER Vice P.resident Key Qualifications RESUME GfO'v"ing np in the family contracting business in Washington State provided Ken with a jump start on an industry career that has spanned 25 years. Since joining Casper Company in 1986, his primary functions have included project rnatwgement, planning and estimating. Ken is perhaps best known for his remarkable delivery on project schedules. Representative Demolition Project Experience San Diego Union Tribune As the oldest business in San Diego, the Union Tribune newspaper building has undergone numerous changes. Ken and his crew returned for more renovations to this building that included removing no decorative concrete fayade panels from the exterior of the building for safety purposes. The panels were cut into smaller pieces and hauled from the site. Chollas Street Pier Ken assisted Marathon construction with this fendering upgrade which included removing the end of the existing pier. Environmental i.rilpact was a major concern on the project; a custom enclosure and scaffolding were erected to prevent debris from falling in the water. 32nd Street Naval Station Ken oversaw approximately two miles of trenching around the perimeter of the Naval base for· new electrical upgrades and site lighting. After their partner, Synergy Electric, installed the new elec_trical systems, Casper retu.Ined for the backfill and compaction. Kelco San Diego Removed hazardous and non ha.zardol}S manufacturing equipment. ,... 3825 Bancroft Drive/ SpringValley, CA 91977 (; (619) 589-6001 I {619) 589-7158 ,-Lie. No. 478960 a.F . · .. :.:::.?:·.· c>. ~· ... ,: --~-·. ·">. ·.~: . .:..: . . . ....... . :.: .. -~·-·-:-.-. . . . BF Goodrich Dismantled Brown Field engine and test facility approximately 10 acres of building and towers. Cos teo Casper was responsible for demolishing a 100,000-s.f. concrete structure injust 7 days by working 20-hour days-beating the clients required schedule by 3 days. Also included in the project was the recycling of all concrete and asphalt on site to use as a graded-base material for a paving product. San Diego Trust and Savings For Hensel Phelps, Ken managed the careful structural demolition oftbis bank building while maintaining the historic integrity of the building. Office spaces were removed, leaving only the historic corridors and flooring intact. ·La Jolla Village Square This old mall in the Golden Triangle Area on Noble Drive required a major facelift to maintain its desirability. Working with Ninteman Construction, Ken's crews were responsible for stripping out all of the interior mall, which increased square footage and made the mall a viable piece of real estate again. The shopping areas were transformed from an enclosed mall to an exterior storefront mall, thereby increasing visibility. Sony Corporation Ken managed the structural demolition that made way for the new struc1:trre upgrade_ The enhanced facility provides two new processing lines for Sony televisions· Pegasus and Mercury. Performed plant shutdown for all operations including all Permit By Rule tanks and vessels. Port District Building Ken provided specialty demolition and saw cutting for the Port District building's extensive stb floor window installation program. Noal Quind 3825 Bancroft Drive Spring Valley, Ca. 91977 Work Experience (2007-Present} casper Company, Spring Valley. Ca Estimator /Project Manaqer · • Responsible for all aspects of the estimating process, including reviewing of plans. plan take off, viewing site and locatinq job specific challenges. generating proposals, estlmatinq project values. , • Responsible for managinq.projects after the estimatlng.process. Activities include generating and submitttng paperwork required for specifiC projects, create schedule of values and budqet for project. generating work crews and assisting in manaqtnq onsite work, generating any RAs or change orders needed for the project, coordination with general contractor on schedule, work_progresston. sequencing. etc.. • Responsible for forming and keeping strong relationships with clients and job site teams. (2002 w 2007) lynx Excavating and Gradinqf El cajon. ca Co--owner • Responsible estimating demo and grading projects. includinq revJewinq of plans. plan take off, viewing site and locating job specific challenges. generatinq proposals, estimating project values. • Operate heavy equipment and perform work lnduded in c.ontrac::t. • Schedule work. job set up incfudlnq rentals, manpower, etc... • Maintain client base throuqh strong customer relations. • Collect money after job completion or as required through project (2001 -2002) J.E. Roth Construction, Jamul. Ca Foreman • Perform job specific activities indudinq managing workers and work being performed. • Schedule workers for specific tasks to meet scheduling goals. • Manaqe work to ensure quafity of work is met. • Generate punch lists and walk projects with dents to assure satisfaction at completion of project. (1996·2001) Dlxleline Lumber Company, San Diego, Ca Retail Sales Manager • Manage approX.: 60 to 90 employees, indudinq work force size management, reviews. scheduflng, etc .• • Designed and Implemented company w1de training program. • Generated sales budqet and assessed monthly Profit and Loss statements. Education {1995} Granite Hills H.S. {1996) ROP Assodates in draftinq (2008) California State Utenslng Board Contractors Ucense C·t2 (2009) Department of Real Estate Real Estate License ·-:-:• DENNIS J. GRAY 9209 Village Glen Dr., #240 San Diego, CA 92123 · ·.·,_;, .. --··· --.-: ··-·.-.. -.'·· 619-572--4379 thegrays007@yahoo.com WORK EXPERlENCE Casper Company, Inc. Spring Valley, CA . Hazmat Specialist/Safety Manager November 1999 -Present Responsible for training and implementation of Safety Programs, including Environmental training for Mold, Lead, Asbestos, PCB's and Hazardous Materials removal. Implement all safety rules and regulations (Casper's, EPA, CaiOSHA, APCD, etc). Awareness train offiCe and field personnel for Asbestos, Lead, Mold, PCB, Baftast and other hazardous materials. Conduct surveys for Asbestos, Lead and Mold. Assist clients in determining . scope of work. Attend job walks, assist in preparing bids. · Read specifiCations and interpret these for estimators. Teach safety classes to managers and field employees. Teach CPR and First Aid. Design for Health, Inc. San Diego, CA Director of Field Operations February 1991 -November 1999 Attended job walks and surveys; prepared bid packages and proposals; acted as liaison among clients, technical and administrative staff; prepared all project documentation according to state and federal regulations. Hired and oversaw the work of all field technicians. Taught numerous environmental training courses to clients. Assisted in opening international offices in Japan and Guam. Trained new personnel in field and laboratory policies and procedures. EDUCATION AND LICENSES State Certified Asbestos Site Surveillance Technician State Certified Lead Building Inspector/Assessor Excavation Competent Person Microscoplal tdentificatlon of Asbestos EPA Approved Instructor for Asbestos Fall Protection Competent Person Design and Operation of Traffic Control Powder Activated Tools {Ramset) Instructor References availabie upon request. Confined Space Instructor Lead Awareness Instructor Asbestos Awareness Instructor Fork Uft Safety Instructor CPR and First Aid Instructor 30 Hour OSHA Trained 40 Hour Hazwhooper Ten hour OSHA trainer. . ··,_·,_:.; nandy Vecnsb·a r.t:.u1ager Envirnnm<'nl;ll S<:rl"iCI:'~ Rady ~ Childrens Hospital ).. S:tn Oicgo ~ 41 MC 5027 3020 Children "s \'(r,ty S:tn Dkgu, CA 9~ l2;\·t21·Q (R'iS) 966-5931 Paf(cr: (8'>8) -i9't-61 3-:- l'ux: (858) 966.SR03 E·r:n:til: n-eensrr.~@rchsd.org Brad Songhurst MCIIU!ger, Building Mnintenonce F"cilities Management 5998 Alcal<'i Park San Diego, CA 92110-2492 P: (619) 260-4680 F: (619) 260-4634 bsonghursr@sandiego.edu ww..v.sandiego.edu PACIFIC BUILDING GROUP 9752 Aspen Creek Court Suite 150 San Diego, California 9ZlZ6 PacificBuildi.ngGroup.com Ucense # 502376 (858) 552-0600 tf.l! (858) 967-0874 >U. (858) 552-0604 . -: .. • pmontanez@pbginc.biz !: c·: "-:. ·--...,-----·--···-··· ---.....---.-::--"'-------:-·-···· CONTRACTING CONCEPTS. INC. General Con.tri:icting License# 5732~~ · . Steve Gold~ sgoldberg@contractingconcepts.com 4965 71st Street • San Diego, ·CA 92115-1809 619.466.8895 • FaX: 619.466.6654 • Cell 619.654.4014 www:contractingeoncepts.com · · · • ·----N~•--··-••o••" -, •••...-,o•-• .-,...,,,, -·· •-•' ,,•·• ••------!",,,, - Teehee Engineering, Inc. General Contractor 8(a) Certified I Native American I Woman OWned Bu~s Trevor Nicklason 212 N. Oementine Street Oceanside,. CA 92054 tnicldason@teeheeengineefing.ccm www .teeheeengineerlng.com Ftlone (760) 967-1412 Fax (760) 967-1418 Cell (760) 586-8275 U~E~Se No. 813808 EMPLOYMENT: Bond L. McCowan 1852 Lisa Lane El Cajon, California 92021-3711 Telephone (619) 921-3121 bond @ecs-enviromentalservices.com ECS Environmental, Inc. San Diego, California Co-Owner/Environmental Consultant January 2013-Present Conduct asbestos, lead and mold inspections including project monitoring/abatement oversight for residential, commercial, municipal and military clientele. We h.ave recently or are currently conducting projects at the following military installations: SPAWAR, Naval Base Ventura County (San Nicholas Island,) MCAS Miramar, NAS North Island, ASW Base, Naval Station San Diego, Naval Base Point Lorna, MCB Camp Pendleton. Environmental Consulting Services, Inc. San Diego, California June 2011-December 2012 DISTRICT MANAGER AND ON-SITE REPRESENTATIVE Conduct asbestos, lead and mold inspections including project monitoring/abatement oversight. NIOSH 582 Certified for sampling and evaluation airborne asbestos fibers. Ninyo and Moore Senior Staff Environmental Consultant Olson Pacific, Inc. Project Manager/Estimator/Safety Coordinator Allstate Services Environmental Inc. San Diego, California ENVIRONMENTAL CONSULTANT Certified to Conduct Lead inspections including the 2010-2011 2009-2010 2003-2009 Risk Assessments for the County of San Diego, San Diego Housing Commission and the Cities of El Cajon, Santee, Oceanside and El Centro. • Conduct Lead Surveys and Inspections for government buildings, Residential homes, San Diego Unified School District and San Diego State University • Lead Project Monitoring for San Diego Unified School District San Diego State University. Government buildings and commercial buildings • CSST Certified for San Diego Unified School District San Marcos Unified School District San Diego State University and residential homes including asbestos surveys and monitoring at San Diego State University, Sweetwater Unified School District County of San Diego and Sharps Hospital, Grossmont Hospital, Palomar Pomerado Hospital, and Scripps Hospital. Bond L. McCowan 1852 Lisa Lane El Cajon, California 92021-3711 Telephone (619) 921-3121 bond @ecs-enviromentalservices.com • NIOSH 5S2 Certified for PCM analysis which was utilized for San Diego Unified School District San Diego State University government buildings, commercial buildings residential homes, and hospitals throughout Southern California ASSISTANT BRANCH MANAGER SAN DIEGO OFFICE Promoted to this positions in January 2004. Position involved scheduling and coordinating and assisting the district manager. This position applies when district manager is not available. BRANCH MANAGER SAN DIEGO OFFICE Promoted to this position in January 2006. Position involves overall office management for San Diego office. Also Scheduling coordinating projects, proposals, specifications, work plans, wad surveys for clients. Watkins Contracting San Diego, California 1997-2003 Supervisor/Foremen: Managed Lead and Asbestos projects for Government projects, commercial buildings, school districts, and residential homes throughout Southern California. Ensured that manifesting waste and disposal was done properly and safely. Collected bulk samples of suspect material, and calibrated low flow personnel pumps for personnel monitoring. EDUCATION AND CERTIFICATION California Certified Lead Inspector/ Assessor California Certified Lead Project Monitor California Certified Asbestos Consultant XRF Training and Radiation Safety, 2003 and 2004 NIOSH 582 Equivalent Course, 2003 Blood Born Pathogen Hazard Awareness, 2001 Excavation ''Competent Person" Training, 2011 OSHA 40 Hour Hazardous Waste Operations and Emergency Response (29CFR 1910.120), 2011 Bond L. Me Cowan, Jr. 12001 Woodside Avenue #75 Lakeside, CA 92040 Cell: (619) 733-2121 bondmccowan@rocketmail.com Objective Education Experience Certifications ·~ Interests To professionally develop my environmental expertise to better serve clients Southern Illinois University, OCAP B.S., Aviation Management. Dean's List Fall2011. Dean's List Spring 2012. California State University San Marcos Matriculated: B.S., Business Administration. Grossmont College A.S., Business Administration. G.S Levine Insurance Services, Inc. -Assistant Customer Service Representative. San Marcos, CA San Marcos, CA El Cajon, CA San Diego, CA -Administering service of top tier accounts including management of policy renewal deadlines, coordinating renewals with the insured and the carrier. -Analyzing top tier customers direcdy with claims reporting, policy changes, and evidence of insurance requests. -Prioritizing work flow based on urgency and necessity. -Networking with prospective clients, current insurance professionals, and locally marketed carriers to establish a positive reputation within the industry. ECS Environmental, Inc. San Diego, CA -Provided asbestos, lead, and mold testing and analysis for residential, commercial and government clients including The Department of Defense. -Provided asbestos and lead abatement project management and oversight for residential, commercial and goverrunent clients. -Assisted in asbestos and lead abatement project design phase for residential, commercial and government clients. -Key Projects: Sharp Memorial Hospital Seismic Retrofit Project, Rady Children's Hospital Building Renovation Project, Wrigley Family Ranch Renovation and Demolition Project at Catalina Island, Naval Air Weapons Station China Lake Building Demolition Project, Naval Base Point Lorna SPA WAR Building Renovation Project, Naval Base San Diego Building Renovation Project, Naval Base Coronado (USS Vandergrift, USS Carl Vinson, SS Curtiss) Ship Renovation and Repair Project, Naval Air Station North Island Building Renovation Project, MCAS Camp Pendleton Building Demolition Project, MCAGCC Twenty-Nine Pahns Building Renovation Project. State of California DOSH Asbestos Certified Site Surveillance Technician & Building Inspector NIOSH 582 Certified Lab Analyst State of California CDPH Certified Lead Sampling Technician State of California CDPH Certified Lead Project Monitor Certified Mold and Indoor Air Quality Consultant Flying, fishing, motocross, hiking, reading, health and wellness, spending time with family. 2011-2012 2008-2009 2005-2007 2005-2011 2012 -Present GREEN BUILDING TECHNOlOGIES COMPANY PROFILE Green Building Technologies, Inc. was founded in 2001 (construction work performed under Green Mechanical Contractors). We provide energy conservation consulting and retrofit, commercial HV AC and plumbing construction, design and service throughout San Diego, Imperial, Riverside, Orange and Los Angeles Counties. Staffed with in-house engineering and design capabilities, we perform both design build and plan and specification projects. Green Mechanical Contractors currently has 60 employees and has successfully completed over 500 projects. PRINCIPALS CEO Miehael Jones, LEED AP, CEM • 33 years in HV AC, Refrigeration, Energy Management and Plumbing/Piping • Certified Energy Manager (CEM), Association of Energy Engineers • LEED Accredited Professional (The U.S. Green Building Council) • Licenses: B (General Contractor), C20 (HV AC), C36 (Plumbing & Pipe Fitting) President Juan Ramirez • 30 years in HV AC and Plumbing/Piping • C20 License OTHER KEY PERSONNEL • Kris Hernandez-Controller • Kelly Hernandez-Service Manager • Terry Moxley-Chief Estimator • Brendan Pagan-Purchasing Agent • Laura Hitchcock-Human Resources • Theresa Baldridge -Payroll • June Deboda-Project Manager • Brandon Smith -Project Coordinator • Chris Davidson -Safety • Charlie Kirk -Superintendent 1 SERVICES WE PROVIDE • Energy Consulting and Retrofit Services • HV AC Construction (wet and dry) • Plumbing Construction • Medical Gas Piping and Process Piping • 24hr HV AC and Plumbing Service MARKETS WE PERFORM IN • Commercial and Industrial Facilities • Commercial Tenant Improvement • Hospitals and Medical Facilities • High Rise Hotels • Restaurants • Distribution Centers • Institutional LARGEST PROJECTS Contract Amount Project Contact Ross Dress for Less Distribution Center, H+M Construction 1.6 million SF fully air Bob Jackson $5 830,418 conditioned facilitY 480-816-5661 Lombardi Contracting Hilton Anaheim, 1573 Bill Irvine $1 519,702 room hotel 85B-357-n9o Erickson Hall Construction Brady Cahill $541 808 Coronado High School 760-802-5931 Pacific Building Group Callaway Golf HQ Brandon Stevens $4,567,793 Building 858-967-0918 Reno Contracting Clark Clower $939209 ViaSat Building 6 619-520-3810 R&R Construction The Quad Student David McNiff $4,840,000 Housing at CSUSM 760-801-6034 RDCAustin Jeff Darby $969,890 Scripps Coastal 760-644-1677 2 EDUCATION CERTIFICATIONS CONTRACTORS LICENSE • • • • • • • • • • • • • • • • • • 1v1ICHAEL T. JONES, CEM Professional Profile San Diego County Office of Education (1981 to 1982) Certificate in Heating, Air Conditioning and Refrigeration Carrier Corporation -Heat Pump Specialist (1987) Carrier Corporation-VVT Certification (1991) Navar Controls Corp.-DOC Controls (1991) Honeywell Controls -XLSOO DDC Controls (1995) Trane Company-Tracer Summit DDC Controls (1996) University of California San Diego (1998 to 1999) Certificate in Design of HV AC and Control Systems for Buildings Association of Energy Engineers -Comprehensive Training Program for Energy Managers Association of Energy Engineers -Indoor Air Quality Training Program NPF A -NPF A 72 National Fire Alarm Code Course ASHRAE -Building Retrofit for Energy Efficiency ASHRAE -System Selection and Report ASHRAE -Economic Analysis of Engineering Project Various Technical, Business and Management Seminars LEED Accredited Professional Certified Energy Manager (CEM), Association of Energy Engineers (#9031) ICBO Certified Mechanical Inspector (#5064994-40) ICBO Certified Plumbing Inspector (#5064994-30) • California State Contractors License Board License No. 797984 Class B (General Contractor), Class C20 (Warm Air Heating and All Conditioning) and Class C36 (Plumbing and Pipe Fitting) Green Building Technologies, Inc 930 S. Andreasen Dr. Ste. A, Escondido, CJ'.. 92029 PHONE: (858) 909-0719 FAX: (858) 587-6749 CELL: (619) 921-5969 F.MAll.: mjones@greenmc.com Michael T. Jones, CEM J:muary I. :20 II Page :2 of 4 PROFESSIONAL AFFILIATIONS EXPERIENCE • American Society of Heating, Refrigerating & An Conditioning Engineers (ASHRAE) • Association of Energy Engineers (AEE) • BIOCOM, San Diego • National Fire Protection Association (NFP A) Thirty years experience in Energy Management, HV AC, refrigeration, pjping, plumbing, and temperature controls design, construction, and service. 2001-Present Green Building Technologies, Inc. CEO San Diego, CA Cofounder of Green Building Technologies, Inc., which is a licensed California State Contractor (Lie. # 797984) and building design firm specializing in renovation of existing commercial buildings to improve energy efficiency, indoor air quality and indoor comfort. 1999-2003 Ivey Engineering, Inc. Partner San Diego, CA Project Manager for Ivey Engineering, Inc., a mechanical engineering and construction consulting finn. Performed site inspections, forensic analysis, code research, product analysis, testing and engineering calculations. Cofounded Green Building Technologies, Inc. with the CEO of Ivey Engineering, Inc. Michael T. Jones, CEM January I. 20 I 1 Page 3 of -l 1996-1999 Comfort Systems USA S ervit-e Manager San Diego, CA Responsible for Managing the HV AC service and temperature controls division. The service division performed HV AC maintenance and repair and energy management design and construction. The division also provided support for the new construction department including cost estimating, commissioning of construction projects, installation of temperature control systems and warranty service. Comfort Systems USA, is one of the largest mechanical contractors in the U.S. 1987 -1990, 1995-1996 Southcoast Heating & Air Conditioning Project Manager, Energy Management Spetialist Oceanside, CA Performed sales, design and project management of energy management and retrofit construction projects for HV AC, Refrigeration and energy management firm. 1990-1995 Tierra Mechanical Inc. Servit"e Manager Poway,CA Manager in charge of service, building automation controls and the construction commissioning department. 1985-1987 Strang Mechanical S eroit-e Tedmitian San Diego, CA Performed maintenance and repair of HV A C, refrigeration, hydronic piping and steam boiler systems. Also performed construction, startup, retrofit and commissjoning of residential and commercial HVAC, refrigeration and piping systems. c .Michael T. Jones, CEM January I, ~011 Page~ of~ 1985-1987 U.S. Navy (active reserves) MadJinist's Mate Petry Officer 3'" Class San Diego, CA Instructor at the Naval Fire Fighting and Damage Control School, San Diego, CA (one weekend a month, plus two weeks active duty per year). 1982-1985 U.S. Navy (active duty) San Diego, CA Mad1imit 's Mate Petry OJ!it-er 3"' Class Stationed aboard the aircraft cattier USS Ranger CV-61, engineering department, P-2 division. Trained in the repair, maintenance and operation of superheated and auxiliary steam piping systems, high-speed steam turbines, pumps, valves, electrical generators, lube oil systems and purifiers, damage control and firefighting. Experience also included a major dry-dock overhaul of the Ranger in 1984-1985 at the Puget Sound Naval Shipyard, Bremerton, WA. 1980-1982 De Lauder Refrigeration (family business) Installer/ Apprentice Tedmidatr Vista, CA Performed installation, maintenance, overhaul and repair of commercial refrigeration equipment and piping systems, such as chillers, cooling towers, coils, compressors, motors, pumps, and steel, copper, and PVC piping systems. EDUCATION CONTRACTOR UCENSE EXPERJENCE JUAN RAMIREZ Professional Profile • Comfort Systems USA, San Diego, CA (2001) Various courses: Leadership Development course and Project Manager NCCER course • American Business College, San Diego, CA (1981-1982) Electrical, plumbing, sheet metal, air conditioning and solar energy classes. • Palomar Community College, San Marcos, CA (1981-1982) • C-20 Heating and Air Conditioning Twenty six years experience in HV AC, refrigeration, piping, plumbing, and temperature controls design, construction, and service. 2004 -Present Green Mechanical Contractors Pre.rident San Diego, CA Responsible for marketing and sales, including preparation of estimates, bids and contract negotiations. Project Manage select jobs. 1995-2004 Helm Corporation/California Comfort Systems USA Escondido, CA Prqje't Manager Responsible for managing all aspects of assigned projects, including coordination with General Contractors. Managed contracts up to $4,000,000. Averaged $9,000,000 of managed work per year. Managed projects internationally. · 930 S. Andreasen Dr., Ste. P.., Escondidc, Cfl 9:i02S PHONE: (858) 909-0719 FAX: (858) 635·671!: EMAIL: jramirez@greenmc.corn RESUME Juan Ramirez Page? of -1 Projects included: • Little Italy Residential Tower $4,250,000.00 • Aviara Four Seasons Resort Hotel (Design Build) $3,910,000.00 • Dow Agro Science R&D Lab Remodel $3,860,375.00 • Sherwood Davis & Geck -Tijuana (Design Assist) $2,905,000.00 • Del Mar Gateway (Design Build) $2,354,000.00 • Viasat (Design Build) $2,000,000.00 • Advanta Mortgage $1,600.000.00 • Vandenberg AFB-Lompoc $1,442,000.00 • Intuit (Design Assist) $1,400,000.00 • The Dresher Company -Las Vegas (Design Build) $1,334,000.00 • National University $1,127,000.00 • Overland Data (Design Assist) $1,111,000.00 • Applied Micro Circuit Company $1,050,000.00 • Aviara Resort Time Shares $ 903,000.00 • Brobek I (Design Build) $ 875,000.00 • Coast Cast de Mexico -Tijuana (Design Build) $ 800,000.00 • Casa Norte Retirement Community $ 770,000.00 • Defense Financial Accounting Services (Design Build) $ 750,000.00 • The Rivers 12 Plex Theaters-Redondo Beach $ 741,000.00 • La Jolla Presbyterian Church $ 729,300.00 • Indian Ridge Country Club -Palm Springs $ 652,000.00 • Sunrise Jewelry (Design Assist) $ 648,000.00 • Samsung Administration -Tijuana (Design Assist) $ 600,000.00 • Magdellena Ecke YMCA $ 600,000.00 • Granite Ridge Bldg. A & B $ 565,000.00 • Brobeck II Shell (Design Build) $ 547,900.00 • Arrowhead Insurance (Design Build) $ 504.000.00 • SBS Technologies (Design Assist) $ 495,000.00 • Mission Bay Hospital (Remodel) $ 450,000.00 • TRW T.I. (Design Build) $ 442,100.00 • APW Electronics (Design Assist) $ 430,000.00 • Memec RAAB Karcher-(Design Build) $ 430,000.00 • South Bay Market Place $ 417,000.00 • Cox Communications $ 411,000.00 • Harbour Lights Resorts Time Shares $ 404.000.00 • Barton Memorial Hospital Lake Tahoe (Remodel) $ 374,000.00 • Qualcomm Bldg. I $ 353,000.00 • Dell Webb Country Club-Palm Desert $ 341,000.00 • Tylan General $ 295,000.00 • Carlsbad Corp. Plaza Bldg. A & B $ 280,000.00 • !pivot (Desjgn Build) $ 273,000.00 • La Jolla Radisson Hotel f 260,000.00 • Long Beach Chevrolet $ 260,000.00 • Morning Side Country Club -Rancho M.irage $ 258,159.00 • Torrey Reserve South Court (T.l.'s) $ 250,000.00 c RES LIME Juan Ramirez Page 3 of -1 ~""""'"' '-' c • The Bridges (Rancho Santa Fe Country Club) $ 249,000.00 • La Jolla Country Oub $ 220,000.00 • Galleria Mall @ South Bay Energy Retro -Redondo Beach $ 204,700.00 • Sega Gameworks $ 200,000.00 • Wayne Gretzky Roller Hockey -Upland (Design Build) $ 196,000.00 • Signal Hills Mercedes Benz -Long Beach (Design Build) $ 193,300.00 • Syncor Isotope -Colton (Design Build) $ 186,000.00 • Scripps Green Hospital (Remodel) $ 175,400.00 • Syncor Isotope-Van Nuys (Design Build) $ 172,200.00 • Health Scan Vital Imagint -Orange (Design Assist) $ 160,000.00 • Wayne Gretzky Roller Hockey -Lancaster (Design Build) $ 155,000.00 • Auto Parts Club $ 155,000.00 • Air Touch Cellular $ 140,000.00 • Voice Stream Wtteless -Irvine $ 137,700.00 • Sohnen de Mexico -Tijuana (Design Build) $ 131,000.00 • Qualcomm Bulding S. (Remodel) $ 127,000.00 • St. John's Knits Clothing $ 124,000.00 • California Bank and Trust $ 121,000.00 • Health Scan Vital Imaging -Pasadena (Design Assist) $ 95,800.00 1992-1995 Tierra Mechanical Poway,CA ProJect Manager Responsible for all aspects of assigned projects including material and equipment procurement, field labor and customer interface. Supervised a crew of s.ix or more installers at a time. Managed contracts up to 3.2 million dollars. Projects Included: • Blythe Prison B.P. #4 & B.P. #7 $3,250,000.00 • UCLA Powell Library (Remodel) $1,700,000.00 • Cal State University San Marcos Admin Facility $1,500,000.00 • Cal State Northridge Student Union Facility $1,100,000.00 • West Hills High School $ 820,000.00 • Temecula Middle School $ 700,000.00 • UCSD Medical Center (Hospital Remodel) $ 700,000.00 • City of San Marcos Public Works Facility $ 695,000.00 Vista Unified Schools (Remodel) $ 600,000.00 • Vista Verde h.fiddle School $ 600,000.00 RESUivlE Juan Ramirez Page -1 of -1 • Corona Meadow Apartments • L.D.S. Church • Tactical Vehicle Facility (Camp Pendleton) • Rancho Penasquitos Post Office • Horse Thief Canyon Elementary School • Edwards Cinema Theaters • Brookshire Square Condominiums • Mira Mesa Shopping Center • Ocean Park Inn Hotel • Sabre Springs Lot #4 1989-1992 Tierra Mechanical Foreman Performed installation and service ofHVAC projects. 1983-1989 Strang Mechanical, Inc. Foreman/ Installer Performed installation of ductwork. $ 500,000.00 $ 475,000.00 $ 350,000.00 $ 300,000.00 $ 300,000.00 $ 250,000.00 $ 210,000.00 $ 200,000.00 $ 125,000.00 $ 116,400.00 Poway, CA San Diego, CA c Experience Juniver V. Deboda 12926 ilene Street Poway, CA 92064 Cell: (619) 342-6778 Home: (858) 842-7564 Email: jvdeboda@gmail.com Green Mechanical Contractors, Escondido, CA, (September 2012-Present) Project Manager Review project performance including budget, scope, quality, schedule, costs, and submittals. Oversee contract activities including change orders, payment applications, procurement, subcontmcts, schedule and close out. Range of projects include food distribution centers, hospitals, healthcare facilities, government buildings, hotels, and commercial tenant improvements. Proficient in the following software Computer Ease, Microsoft Projects, Textura, Microsoft Word, Microsoft Excel, Microsoft PowerPoint and Buzzsaw. Green Mechanical Contractors, Escondido, CA, (October 2006-September 2012) Project Foreman Prepared daily reports and 3 week schedules for ongoing projects. Coordinated field activities and scheduling with general contmctor and sub contmctors. ,,,.,., Performed take-offs and layouts in a timely manner. ""''""'"" Completed numerous projects that consist of new construction and tenant improvement. Apex Mechanical Systems, San Diego, CA, (April 2006-0ctober 2006) Journeyman Performed assigned tasks by the project foreman and executed the tasks in a prompt manner. Utilized equipments, methods and tools for installation in HV AC. Strong ability to work independently or as a team member in the absence of supervision. Paschall Mechanical Inc., San Diego, CA, (April 2004-April 2006) Apprentice Accomplishing assigned tasks precisely as per specification. Knowledge of different safety measures and preventions applied at construction sites. Acquired in-depth knowledge ofHV AC and basic plumbing skills. Education Currently pursuing a Bachelors of Science in Constructions Engineering. College courses taken relevant to construction: o Thermal refrigemtion theory and lab, control systems theory and lab and blue print reading. Certification & Honors AGC Project Management Certificate Progmm 2013 Environmental Protection Agency universal certification 2009 Dean's Honors list for academic excellence 2007-2008 Current GPA 3.53 on a 4.0 scale ,_, "-"· FIRM PROFILE MATALON ARCHITECTURE & PLANNING OUR FIRM Founded in 1994, Matalon Architecture & Planning is a full-service practice, providing programming, master planning, building design, and interiors to both the Public and Private sectors. The firm is certified as a Disadvantaged Business Enterprise (DBE). The firm was established out of the desire by Michael Matalon to provide a truly service- oriented firm for its clients, with "hands-on" principal involvement at all phases of design and construction. Due to the nature of this level of involvement, the firm is intentionally kept at a relatively small size, with selectively recruited talent. This provides our clients with a wealth of working experience, creative innovation and strong personalized service. While the firm's focus is on quality of work rather than quantity, we have, and continue to successfully execute projects in excess of $10 million in construction costs. SUSTAINABILITY: We are committed to the sustainability of our clients' buildings and understand the triple bottom line of environmentally based design; environmental, social and economic prosperity. As such, Michael Matalon, the president of the firm has taken on the leadership responsibility of becoming a "Leadership in Energy and Environmental Design Accredited Professional (LEED-AP)" by the U.S. Green Building Council. AWARDS: Based off of the philosophy that a building's design is the true reflection of the client, rather than an architect's design "style", the firm has received several design awards from a diversity of organizations; and even more importantly, a dedicated following of repeat clients. THE CHALLENGE: We believe that successful projects involve more than sensitive and responsive design. The architect must manage many diverse groups, coordinate consultants, meet schedule deadlines, and maintain budgets as well as quality. Strong construction administration is imperative to assure that the project's design intent is carried out in every aspect and detail, and that the building process is a smooth one. OUR COMMITMENT: Matalon Architecture & Planning successfully manages all of these issues through decades of experience, an attitude of teamwork, and a thorough quality assurance program. As well, the firm remains at the leading edge of automation, with all workstations operating on AutoCAD v. 2011, Adobe Photoshop, Microsoft PowerPoint, Project, Excel and Word. The office is fully supported by a Hewlett Packard Design jet 500 plotter and a Sharp MX 2600-XN Business Hub MATALON ARCHITECTURE 8c PLANNING MICHAEL B. MATALON, LEED AP PRINCIPAL EXPERIENCE: With over thirty years of architectural experience, Mr. Matalon is familiar with all phases of architectural design, from initial programming through building construction. He brings considerable experience in the master planning and design of public structures, recreational facilities, schools, office buildings, and interiors to your team. Mr. Matalon's experience with public entities includes the County of San Diego's Valley Center Sheriff Station and East County Sports Complex, the City of Escondido's Kit Carson Park and Oak Hill Park, the City of Victorville's Mesa Linda Park and Mojave Vista Park, the City of San Diego's Palm Canyon Park, the City of Salina's Twin Creeks Golf Course Clubhouse, as well as the City of Thousand Oak's Los Robles Greens Clubhouse. He has also been involved in the design of such specialized, one-of-a-kind projects, such as the new U.S./Arco Olympic Training Center in Chula Vista, and The Salvation Army's 575 acre Divisional Camp and Conference Center in Ramona. Other, private recreational projects that Michael has been involved in are Twin Oaks Valley Golf Course in San Marcos, California, and Parkway Marina, in Chula Vista, California. Institutional experience includes projects at Sharp/Rees-Stealy Medical Clinics in Mira Mesa and Kearney Mesa; the Instructional Center as well as the Arts and Sciences Building at Miramar College; and the International Student Center at San Diego State University. PROFESSIONAL 0RGANIZA TIONS: . U.S. Green Building Council . American Public Works Association • American Indian Chamber of Commerce . Aging Services of California COMMUNITY SERVICE: • The Salvation Army; Metropolitan Advisory Board • San Diego Housing Federation; Policy Committee HONORS AND AWARDS: • American Public Works Association Project of the Year Lakeside Sports Complex . San Diego AlA Orchid Award First Interstate Plaza . San Diego BOMA Award First Interstate Plaza . San Diego BIA Gold Tower Award Arise Industrial Center . California Parks and Recreation Assoc. Award Kit Carson Park Roller Hockey Facility . American Public Works Association Award Kit Carson Park Roller Hockey Facility . Point Lorna Association Award Scripps Bank, Pt. Lorna REGISTRATION: California, 1982/ Architect EDUCATION: Graduated Cum Laude, University of Southern California/1978, B.S. Architecture -------~------- Matalon Architecture & Planning ,..... '-' PAT VATTONANTA PROJECT ASSOCIATE EXPERIENCE: With over thirty years of architectural experience, Mr. Vattonanta is familiar with all phases of architectural design, from initial programming through building construction. He brings considerable experience in the master planning and design of both public sector as well as private sector projects to your team. PROJECT EXAMPLES: Mixed use structures, Schools, Recreational facilities, Medical facilities, Senior housing complexes, and Commercial projects ranging up in excess of $10 million. Mr. Vattonanta has worked directly with Michael Matalon in excess of twenty years, adding a level of continuity and design consistency to the practice . EDUCATION: Oklahoma State University, 1974, Bachelor of Architecture . ~--------M--A __ T_A __ L_O_N ___ A __ R_C_H __ I_T_E_C __ T_U __ R_E __ & ___ P __ L_A_N __ N_I_N __ G ____________ _ Executive Summary Sustainable Design for Today & Tomorrow Corporate Headquarters 1340 Specialty Drive. Ste E Vista, CA 92081 760.560.0100 phone 760.560.0101 fax A California $-Corporation. Incorporated 1999 Federal Tax ID: 33-0856912 DUNS: 92-97 4-5297 Certified Small Business California DGS : 1591320 CAGE: 6NPL8 www. tsqeng.com Est. 1992 Farzad Tadayon, P.E. Principal, President LEED A.P .. CxA Mechanical Engineer NCEES #21739 Experience, Carlsbad Misty DuPre, P.E. Associate, Eng. Manager LEED G.A. Mechanical Engineer CA #M3281l Staff: Registered Engineers Designers LEED A.P. 4 5 2 LEED G.A. 1 Commissioning Agents 2 CAD Technicians 3 Admin. Support Staff 3 • 20+ projects in the City of Carlsbad since 2009 • Working with Provo Construction since 2011 Ed David, P.E. Associate PV Engineer Electrical Engineer NCEES #47 114 Founded in 1992, T-Squared Professional Engineers, Inc. is a nationally recognized mechanical. electrical, and plumbing engineering firm specializing in sustainability and energy efficient engineering services. Our value to your project is our extensive experience and comprehen- sive knowledge of commissioning and design criteria in numerous types of facilities. Certified Small Business (SBE) REGISTRATIONS • Electrical Engineer: CA #E18809 • NCEES #4 7114 EDUCATION • Bachelor of Science Electronics & Commun1cations Mapua lnsfitute of Technology Manila. Philippines AFFILIATIONS • US Green Building Council TIME WITH THE FIRM • 8 years CONTACT INFO • 760.560.0100 EXT 120 • edavid@tsqeng.com 1340 Specialty Drive, Ste E Vista, CA 92081 760.560.0100 office 760.560.0101 fax www. tsqeng.com Associate, Sr. Electrical Engineer, Project Manager Ed David, P.E. T-S quared Professional Engineers, Inc As the Sr. Electrical Engineer and a Project Manager, Ed oversees all aspects of the Electrical Design Department including the design of power distribution and lighting systems. He is responsible for overseeing timelines, budgets, and quality control for projects and ensures internal coordination and communication with other discipline teams for cohesive system design. He is also responsible for electrical design coordination between the architect, consultants, and contractors. His experience includes numerous government. commercial, healthcare, educational, and industrial facilities. His 13+ years of experience in electrical systems engineering includes: • Interior & exterior lighting systems design • Low-& medium-voltage power distribution design • Photovoltaic systems engineering design • Title 24 compliance reports • Specifications and cost estimates • Energy conservation analysis As Project Manager on the following projects, responsibilities include quality control, manaaina timellnes and budaets. and in manv cases electrical enaineerina desiqn: TENANT IMPROVEMENT EXPERIENCE (Carlsbad Projects) • MiraCosta College Technical Career Institute. Carlsbad, CA • Labrum Wealth Tl, Carlsbad, CA • Datron Industries, Carlsbad, CA • North County Radiology, Carlsbad, CA • LeCreuset Outlet Store, Catlsbad Premium Outlets, Carlsbad, CA • ALPHAStudio Design Group Corporate Office Tt Carlsbad, CA • 7-11 Center Fa9ade Renovations, Carlsbad, CA • La Posada de Guadalupe Tl, Carlsbad, CA REPRESENT A T.IVE PROJECT San Diego Humane Society Oceanside, CA Project Details: Design-Build Prime: Services: Construction Complete: Construction Budget Prava Construction Services, Inc. Electrical, Mechanical, & Plumbing Engineering Design 2013 $250,000 • Remodel to existing facility • New ADA compliant restrooms • High efficiency HVAC system, high efficiency lighting, low flow plumbing fixtures • Specialized design for surgery and radiology equipment • Specialty systems include oxygen lines to surgery area and an anesthesia recovery system Certified Small Business (SSE) SLBE City of San Diego REGISTRATIONS • Mechanical Engineer: CA #M32811 • LEED Green Associate, USGBC EDUCATION • Bachelor of Science Architectural Engineering, Mechanical Emphasis University of Wyoming AFFILIATIONS • US Green Building Council TIME WITH THE FIRM • 10 years CONTACT INFO • 760.560.0100 EXT 108 • mdupre@tsqeng.com 1340 Specialty Drive, Ste E Vista. CA 92081 760.560.0100 office 760.560.0101 fax www.tsqeng.com Associate, Engineering Manager, Mechanical Engineer Misty DuPre, P.E., LEED GA T-Squared Professional Engineers, Inc Misty is responsible for the overall management of a variety of both large and small projects, comprehensive design of heating, ventilating1 and air conditioning (HVAC) systems, and for the overall design coordination between the architect, other disciplines/engineers and contractors. She also has extensive experience in LEED certification and USGBC submittal documentation . Her 15 years of experience in HVAC system engineering includes: • Project Management • Title 24 Compliance Reports • Specifications & Cost Estimates • LEED Documentation and Administration • Energy Conservation Analysis • HVAC Engineering & Design • Coordination of interdisciplinary work for the HVAC, plumbing & electrical aspects of each facility As Project Manager on the following projects, responsibilities include quality control, managing timelines and budgets, and in many cases mechanical/plumbing engineering design: TENANT IMPROVEMENT EXPERIENCE (Carlsbad Projects~ • MiraCosta College Technical Career Institute, CA • Brainard Strategy Tl, Carlsbad, CA • Dynamics Crossfit Tl , Carlsbad, CA • Specific Performance Tl, Carlsbad, CA • North County Radiology, Carlsbad. CA • Jenny Craig Test Kitchen, Carlsbad, CA • UPE Facility, Bressi Ranch, Carlsbad, CA • ALPHAStudio Design Group Corporate Office Tl, Carlsbad, CA • Preflight Tl, Carlsbad·, CA • Solatube Dust Collection Project. Carlsbad, CA • First Citizen Bank. Carlsbad, CA • Carlsbad High School Gymnasium. Carlsbad, CA • La Posada de Guadalupe Tl. Carlsbad, CA REPRESENTATIVE PROJECT Ocean Beach Comfort Station San Diego, CA Project Details: Design-Build Prime: Services: Construction Complete: Construction Budget: Prava Construction Services, Inc. Mechanical, & Plumbing Engineering Design 2012 $685,000 • New construction, 1,100 sf comfort station building, exterior warm showers • Durable stainless steel fixates that can endure high usage and the coastal environment • Low flow toilets and sink fixtures with vandal-resistant flush valves and faucets • Photovoltaic system for lighting • Elevated roof for natural ventilation Summary Company: Roof Construction was founded in 1992 and later incorporated to Chambers Inc. DBA Roof Construction in 1999. We specialize in providing professional roofing services for Class-A commercial and industrial projects throughout Southern California. Our typical projects include public works and government contracts as well as performing work within the private sector including hospitals, hotels, office buildings and casinos. Our specialties include single ply elastomeric systems along with standard built up and Modified Bitumen Roofing. Though our main coverage spans within the San Diego areas, we also reach out to the Imperial, Southern Orange, Riverside and San Bernardino counties. Team Members: Ron Chambers President and Superintendent Ron has been involved in the roofing industry for over 35 years. He began working in the field gaining knowledge and experience that would later become the essential backbone for his success. In 1990, Ron became the General Manager for Nelson Roofing, a reputable commercial roofing company. He obtained his Contractors' License in 1992. In 1999, Ron Chambers bought out Nelson Roofing and in late 1999 incorporated the company and began operating as Roof Construction turning it into a multi-million dollar commercial roofing company. Ron is actively involved on the roof with every project to ensure the project is completed on time and within budget. He is CPR/First Aid and OSHA 30 certified. Maria Chambers Vice President, Secretary, Treasurer Maria has been in the construction industry since 1977. She began working as a bookkeeper in an equipment rental yard. In 1994, became employed by Nelson Roofing, performing the same duties and acquired the knowledge of contract administration. Her duties included A/R, A/P, certified payroll, collections and customer service. Educated and versed in Sage 100 Contractor and Peachtree software. Jesse Miholich Senior Estimator and Project Manager Jesse's background started in Telecommunications possessing a B.S. in Telecommunications and an A.S. in Electronics. Jesse is also educated in On-Screen Takeoff and many construction software applications. Starting at Denso International, a cellular design and engineering company located in Carlsbad. He then spent several years at Nokia Mobile Phones where he ran Product Test and Verification Emulation Systems. In 2007, Jesse decided to broaden his skills to include estimating and joined Roof Construction. His attention to detail has proven to be invaluable as he has quickly become an essential part of the team and his project management skills have been essential to the company's successes. 1563 Sterling Court, Escondido, CA 92029 760-738-1050 760-738-1054 c Sunny Elguez Estimating I Assistant Project Manager Sunny has been in the accounting and contracts field since 1995. Starting with an international multi-level marketing company then branching out in a multi-state Mortgage and Real Estate brokerage, she joined Roof Construction in October, 2010. Her duties include Contracts administration, Project Management and Estimating, Safety program Manager and Business Development. Sunny has proficient experience in Sage 100 Contractor, On-Screen Takeoff and many other construction software applications. She is OSHA 30 certified as well as CPR/First Aid certified. Brenda Cisneros Administrative/ Accounting Assistant As our newest employee at the start of 2014, we welcome Brenda's 10+ years of administrative and loyal company experience. She has proven to be an asset in her short employment time. Robert Colmenero Foreman Robert has been a roofer for over 20 years as a journeyman. He joined Roof Construction in 2000 and his ability to lead a crew quickly earned him a promotion to foreman. Robert has been a key component in regards to completing jobs safely, on time and under budget. He is CPR/First Aid and OSHA 30 certified. 1563 Sterling Court, Escondido, CA 92029 760-738-1050 760-738-1054 Sharp Coronado Hospital Vista Unified School District Hemet Unified School District UCSD Revelle College Apts Carlsbad High School New Jefferson Elementary School UCSD Rady School of Management North Terrace Elementary California Proton Treatment Center Orange Glen High School Vista Del Mar School lrp Chula Vista Cancer Center Joshua Tree San Diego Police SDGE RB Data Center Qualcomm Building Q Carlsbad Maintenance Kaiser San Marcos MOB Vista USD-4 Site Roofing SDGE Alpine Way Roof Construction 1563 Sterling Court Escondido, CA 92029 300 Hospitals 6/30/2011 200 Unified School Districts 6/30/2011 200 Unified School Districts 7/31/2011 100 College I University 600 Private 500 State 300 Hospitals 200 Unified School Districts 902 Utilities 127,755.00 5156 Sharp Memorial 142,652.00 5056 Vista School 185,802.00 5093 Hemet USD 337,264.00 5032 Swinerton 284,905.00 133,166.00 191,841.00 358,941.00 891,788.00 198,661.00 200,512.00 160,459.00 610,058.00 106,075.00 414,242.00 138,000.00 Three Year Job History over $lOOK 7/2014 117,174.00 5032 Swinerton Builders Mt Miguel & Monte Vista HS 200 Unified School Districts 8/28/2013 $ 298,945.00 5135 Grossmont UHSD 8585 Blossom Lane Matt Riley -EH Spring Valley 760-796-7000 Bayside Elementary Seismic 200 Unified School Districts 10/4/2013 $ 129,954.00 5172 Balfour Beatty 490 Emory Street Ed Way Imperial Beach 858-405-0322 IVC Career Technical Facility 100 College/University 10/22/2013 $ 516,034.00 5110 Nielsen Constructio 380 E. Aten Road Nick Paluso )t~ Imperial 619-795-0041 na Beach Elementary School 200 Unified School Districts 11/15/2013 $ 304,093.00 5172 Balfour Beatty 13605 Pacific Highlands Rch Pk Grace Chan ,...,. San Diego 619-252-0590 Park Crest Apartments 400 Federal 12/18/2013 $ 138,267.00 5230 San Diego Housing 5330 Orange Ave lance Deines Commission San Diego 619-578-7465 COD Athletic Facilities 100 College/University 3/4/2014 $ 564,113.00 5084 College Desert 43-500 Monterey Avenue Richard Slater Pro West Constructors Palm Desert 909-821-8764 Bonita Valley Church 600 Private 3/31/2014 $ 126,637.00 5091 Erickson Hall 4744 Bonita Road Danny Weigel Bonita 760-796-7700 COD Applied Science 100 College/University 4/14/2014 $ 281,896.00 5084 Coiled Desert 43-500 Monterey Avenue Matt Lulling Gil bane Palm Desert Poway School U39 200 Unified School Districts 5/2014 $ 1,018,982.00 5014 Echo Pacific 17050 Del Sur Ridge Rd Andrew Rummerfit Poway 760-737-3003 National City Middle School 200 Unified School Districts 6/6/2014 $ 319,074.00 5145 McCarthy Building 1701 D Avenue Lisa Bano National City 619-245-4324 Total $ 3(1,~,090;10 ~Roof . ' Construction General Contractors/Owners Name: Bernards Builders Address: 555 First Street, San Fernando, CA 91340 Contact: Armando Ortega Phone: 951-830-7197 Name: San Diego Housing Commission Address: 1122 Broadway, Ste 300, San Diego, CA Contact: Lance Deines Phone: 619-578-7465 Major Suppliers: Name: Structural Materials Address: 2270 La Mirada Dr, Vista, CA Contact: Brady Smith Phone: 760-510-8320 Name: Carlisle Construction Materials Inc Address: 1285 Ritner Hwy, Carlisle, PA 17013 Contact: Josh Bailey Phone: 619-438-4017 Owner References: Name: Escondido Union High School District Address: 302 North Midway, Escondido, 92027 Contact: Bill Ewing Phone: 760-480-3004 Name: Sweetwater Union High School District Address: 1130 Fifth Ave, Chula Vista, CA Contact: John Mabry Phone: 619-585-6071 Architect/Inspector of Record Reference: Inspector Name: Escondido High School District Contact: Bud Hendrickson Phone: 760-644-3204 Company References 1563 Sterling Court Escondido, CA 92029 760-738-1050 phone 760-738-1054 fax Name: Balfour Beatty Address: 10620 Treena St, Suite 300, San Diego, CA 92131 Contact: Grace Chan Phone: 619-252-0590 Name: Roofing Supply Group Address: 5660 Kearny Villa Rd, San Diego, CA Contact: Gary Gilmore Phone: 858-715-0808 Name: Temecula Valley Unified School District Address: 31350 Rancho Vista Rd, Temecula, 92592 Contact: Jim Miller Phone: 951-506-7004 Architect Name: Di Donato Associates Contact: Allen Di Donato, Jr Phone: 619-299-4210 Eric Kliebenstein Rowan Electric Field Superintendent Cell: (619) 719-8040 Email: ekliebenstein@rowanelectric.com Experience Duties Skills As an Instructor Associations Over 25 years in construction; 18 years Electrical 2005 to Present Field Superintendent 2003 to 2005 Electrical Detailing I Autocad 1998 to 2003 Electrical Foreman 2001 to Present; Electrical Instructor at SDCC Manage Field Operations Manpower Scheduling I Human Resources Safety Training and Enforcement Quality Control and Code Compliance Project Coordination and Customer Service Productivity Analysis NCCER Electrician Trained and Certified • Experienced LEAN Scheduling • Experienced LEED Construction • OSHA 30, Confined Space, Trenching I Excavation, CPR and First Aid • Business Management and Accounting • Primavera Scheduling In addition to General Electrician Training- National Electric Code 2005, 2008 and 2011 Editions Osha 10 Hour Awareness Training Electrical Safety Training Blueprint Reading AC and DC Theory, Transformer Theory, Motor Theory, Grounding Theory Material Management Associated Builders and Contractors PAC I LEG Committees, National Center for Construction Education and Research, American Federation of Teachers. Profile Certifications Qualifications Highlights of Experience For The Past Year- Rowan Electric 2782 Loker Ave W Carlsbad,CA 92010 E-mail Jim@rowanelectric.com 20 Years Commercial, Industrial and Residential Experience 21 years experience in San Diego California General Journeyman Electrician 10 OSHA Certified • New installations • Lighting control systems • Medical Facilities • Motor controls • High voltage experience up to 480v • Design build • Customer Service • Main utilities and power distribution • Preventive maintenance service • Generators and back-up systems • Automatic and Manual Transfer Systems • Tenant improvements • As-builds • Estimating and bids • Material handling El Cajon Shopping Center Retail Center Re-Hab Ross Dress for Less T .I. Census Bureau Office IT /IT Center Camel Back Distribution Office TI/Distribution Center $800,000 $120,000 $680,000 l.a1cePenmta• 2782 Loker Ave West 1 Carlsbad CA 92010 1 e. lance@RowanEiectric.com Profile Certifications Qualifications Highlights of Experience For The Past Year- Rowan Electric 30 Years Commercial, Industrial, Restaurants and Residential Experience 24 Years experience in San Diego Union Certified in CA California General Journeyman Electrician 10 OSHA Certified • New installations • Lighting control systems • Medical Facilities • Motor controls • High voltage experience up to 480v • Design build • Customer Service • Main utilities and power distribution • Preventive maintenance service • Generators and back-up systems • Automatic and Manual Transfer Systems • Tenant improvements • As-built drawings • Estimating and bids • Material handling El Cajon Shopping Center Retail Center Re-Hab Ross Dress for Less T .I. Census Bureau Office IT /IT Center Camel Back Distribution Office TI/Distribution Center $800,000 $120,000 $680,000 DlntJOn 24 days Subm~ Proposal Odeys Tue 718/14 Owner RIA Proposal 2 days Wed 7/9/14 Formal City Council Award Odllys Tue 7122/14 EJ<eeute Owner Contract 14days Tue 7122/14 Write LNTP Subcontracts Odays Mon7128/14 TOTAL PROJECT DURATION 75 days Thu 8/21114 PROJECT EXECUTION &clays Thu 8/21/14 Owner Issue NTP Odays Thu 8121/14 Issue suboontracts 5 days Thu 8121/14 Preconstruction Meeijng 1 day Thu 8128/14 SUBMmAlS 15 clays Thu 8/21114 Oei~gn end ""~Jinaering 15clays Thu8121114 Roo! materials Sdays Thu 8121/14 Joint sealant Sdllys Thu 8121/14 Skylights 5 days Thu 8/21/14 Mechanical equipment Sdays Thu 8121/14 RIA SUBMITTALS 20 clays Thu 8/28114 Oes.gn and engJn6t!llng 10clays Fri 9112/14 Roof matonals Sclays Thu 8128/14 Jo'"t sealant Sdays Thu 8128/14 Skylights 5 days Thu 8128/14 Mechanical equipmenl 5 days Thu 8128/14 PROCUREMENT 35 days Frt 9/5114 Oesogn and engJn6t!llng • PenRI! 1 day Frt 9126/14 Roof matenats 15 dllys Fri 915/14 Joint sealant 5days Fri 9/5114 Skylights 20 days Fri 9/5/14 Mechanical equipment 35 days Fri915/14 McOibze Rem011e and replace caul!11ng at veruca1 joints Sdllya Mon 10/6114 Safe Olf Utitities 1 clay Mon 10/6114 Remove HV AC units 3days Tue 1017/14 Demo Abandoned HVAC Plattorms 4 days Fri 10110/14 Demo Roofing & Sheathing at Pipes To Be Abandoned 2 days Thu 1011si14 Removal of Abandoned P•P'no and Condu1t 4 days Mon 10/20/14 Pitch Roof Shealhing AI Abandolled Pipes 2clays Fn 10/24114 Patch Insulation A\ AbanciOnecl Pipes 1 clay Tuo 10/28114 Fname New HVAC Ope11ngs Sdays Tue 10/28/14 R.-1< electtical for fWIW HVAC unas 3days Tue 1114/14 Install new roof curbs 1 day Frt 1117/14 Remove Old and Install New Skylights 2 days Mon 11110114 INSPECTION ·Electrical & Framing 1 day Wed 11/12114 lnatell HVAC untts 3days Thu 11113/14 Roofing patch bacl< a11nli3 areas & prep 4dayl Thu 11113/14 Install New Roofing Coabng 8days Wed ll/19114 Conneet electticaJ to HVAC un1t.s 3days Tue 1212/14 Run Condensate Lines 2 days Wed 1213114 Bump alan HVAC units 1 day Fri 12/5/14 INSPECTION -Final 1 day Mon 1218114 City of Carlsbad Las Palmas Project PRELIMINARY SCHEDULE Fmh Frt 818/14 Tuo 718/14 • Thu 7/10/14 • Tue 7/22114 • Frt 8/8114 Tuo 7129114 • Mon 1VI/14 Thu 8/28/14 Thu 8/21/14 Wed 8127114 Thu 8128/14 Thu 9111114 1'-' 9111114 Wed 8127/14 Wed 8127114 Wed 8127/14 Wed 8127/14 Thu 9125/14 1'-' 9125114 Thu 914114 Thu 9/4114 Thu 9/4114 Thu 9/4114 Thu 10123114 Fn 9126/14 Thu 9125114 Thu 9111/14 Thu 10/2/14 Thu 10/23114 Fn 10/10114 Mon 10/6114 Thu 10/9/14 Wed 10115/14 Fri 10/t7114 Thu 10123/14 Mon 10127/1 ~ Tue 10/28114 Mon 11/3/14 Thu 11/6114 Fri 1117/14 Tue 11/11114 Wed 1111V14 Mon 11117114 Tuo 11/18/14 Tue 1212/14 1'-' 12/4/14 Thu 12/4114 Fri 12/5114 Mon 1V8114 ....... • -I -------- - -J • -• --I -• Estimate No: 3308 Current Date: Wed 8/6/14 I • I --• • I PRAVA CONSTRUCTION SERVICES, INC. PROJECT APPROACH-LAS PALMAS RENOVATION PROJECT PWDB14·53PEM PRAVA Construction Services, Inc. will represent the project as the Design Builder per the City of Carlsbad Municipal Code 3.28.085 (Design Build Method One) and will be responsible for overall design development, pre-construction, permitting, and management of the design-build (0/B) team, including all architectural, structural, mechanical, and electrical, consultants. PRAVA Construction Services will also be responsible for the management and supervision of all subcontractors and suppliers which shall consist of, but not limited to, demolition, roofing, HVAC, electrical, caulking, minor rough carpentry, and sheet metal, along with any and all ancillary services to meet or exceed the city's Basis of Design intent as depicted, including any scope from the bridging documents provided for in the RFP. We will provide the guidance, organization, coordination, bonding, insurances, contracts, and scheduling for all of the team members from in one turn-key fashion from Notice of Award through Final Completion of the project. PRAVA's team will be in constant contact with stakeholders to ensure that construction issues that arise are resolved immediately. Safety is very important and of paramount concern for any project we build. We will install temporary barricades and/or fences with signage that delineates areas under construction to protect the general public from accessing work areas. Also, all OSHA compliant fall protection standards for roof work (all trades) will be utilized and put into effect, and remain in place until the project is delivered to the city. PRAVA will develop and communicate a safety plan with input from the local agencies so they understand the potential safety impacts to all. PRAVA will also develop a Site Utilization Plan (SUP) for all to understand where materials for the project will be stored during construction. Due to the inherent nature of construction, even during off hours, traffic may be an issue and we will plan and implement a written traffic control plan for ingress/ egress to the site off of Camino Vida Robles and Las Palmas Ave. that will direct traffic around the site in a safe manner, so as to not interfere with normal daily traffic around and through the area. Due to the location of this project there can be a moderate to high volume of traffic in and around the area. PRAVA's team will make themselves available 24/7 during construction should any emergency arise on or around the project site. Construction activities can be disruptive at times and in order to minimize disturbance to surrounding properties and neighbors, we will ensure open communications and provide sufficient and proper notifications and delineation of work zones. Schedule is a major consideration for a successful project and PRAVA will ensure that our baseline schedule is updated weekly and all milestones adhered to. Deviations from schedule overruns usually are a result of design creep, which we will minimize, owner addition work, which we do not anticipate, and or lead time issues, which we will work hard to identify and purchase all time sensitive materials and equipment before the critical path has expired. MANAGEMENT APPROACH AND COORDINATION (DESIGN DEVELOPMENT PHASE) Upon notification of award (NTP), the project manager and key design team members will have a series of weekly design development (DO) and pre-construction meetings with the Project team. The purpose of these meeting is to review the delivery schedule (and required due dates) regarding plan and specifications development, review processes (both internally and with the city), project submittals, RFI's and construction milestones (see attached preliminary schedule). Confirmation of required delivery dates and assignments of personnel from each firm will be requested to ensure that the project can be completed expeditiously and within accordance with the Basis of Design. Page 1 of 7 PRAVA CONSTRUCTION SERVICES, INC. MANAGING THE CONSTRUCTION PHASE Our Project Manager and Superintendent will have the responsibility and authority to coordinate all construction activities as it applies to this project (please see the organizational chart included in this section). They will work cohesively with the entire project team to deliver an outstanding project that is delivered within budget and per our baseline preliminary construction schedule. This will be accomplished by being proactive and providing any recommendations that will provide a superior project. Initial Preliminary Schedule: The initial project design development I construction schedule is one of the most important construction documents prepared by the team, as it provides the road-map and plan for how the project will be built. PRAVA will utilize Microsoft Project for scheduling. The initial schedule will take into account the submittal review process and the anticipated material procurement lead times, design development and construction document milestone deliverables, plan check review and approval considerations, along with other critical events such as inspections, power shutdowns, service interruptions, crane picks, phasing and crossover events. In order to provide a construction project schedule, our project manager and project superintendent, upon notification of award (NTP), and a first initial meeting with the design team, will review and adjust this preliminary schedule with input from the project team to create the project baseline schedule. PRAVA submits updated schedules on a weekly basis during the construction of the project, including a preliminary project schedule, and the initial project baseline schedule. PRAVA has in place corporate guidelines and policies for project scheduling which all project teams must abide by. Our in-house policy manual regarding scheduling states "The creation and administration of a well-researched, detailed construction schedule is the most important task that a project superintendent has on the project". The project superintendent has the responsibility to ensure the project has been constructed with a high level of quality. Safety Plan (Accident Prevention Plan): PRAVA employs a systematic approach to project safety which allows us to effectively manage and coordinate the safety risks of our subcontractors. In addition to our standard safety process, PRAVA also creates and implements a Job Safety Analysis (JSA) that identifies project specific safety concerns. The PRAVA Safety Program is made up of five importantfacets: • Upper management commitment • Clearly written safety programs • Employee & subcontractor participation • External program review • Recognition of personnel who have exemplified the goals of our company Together all five of these facets produce a sound and safe work environment. Page 2 of? PRAVA CONSTRUCTION SERVICES, INC. Safety Communication is supported by Written Guidelines Sound written programs create a guideline for all employees. From our IIPP, to Code of Safe Practices, every expectation that we hold for our employees and subcontractors regarding safety is documented, distributed, and explained to them. These written programs provide both new and experienced personnel with a consistent explanation of their responsibilities and those of the company regarding safe practices. Employees and subcontractors are trained on how to handle anticipated situations and safety risks. Employee & Subcontractor Participation in Safety Awareness is Key Employee and subcontractor participation is an important asset for PRAVA. New employees and subcontractors start with safety orientation on site as a foundation of site safety. In this orientation PRAVA communicates to everyone on site what hazards exist and how to protect themselves and others before they ever set foot on a job site. In this way, everyone learns what is expected of them in regards to safety and what is required if they have any concerns regarding their safety or the safety of another. Everyone on site is required to attend weekly safety meetings and participate in regular trainings, ranging from CPR and first aid to highly specialized crane operation and rigging. All training records, safety documents, and safety information is updated regularly and is available to appropriate employees on company provided computers. Safety Training Occurs on a Continuous Basis Office and support employees such as project management, project engineers, estimators, and others are also safety trained. From identifying improper excavation design to integrating fall protection concerns into form system designs, , this training allows preconstruction management to preplan jobs and individual tasks on each project with safety in mind. Prior to starting a job the site is walked through by the Safety Director and the Superintendent to identify potential safety concerns and personnel training needs specific to the project. PROPOSED EMERGENCY RESPONSE PLAN PRAVA Construction Services, Inc. Emergency Response Plan includes: Periodic Safety and Health Training for Supervisors. The Supervisor or Competent person at each project site must meet the requirements of 29 CFR 1960.58 training of collateral duty safety and health personnel before reporting to duty. All periodic and required training must meet ANSI regulation Z490.1. All supervisors will be trained in every aspect they are responsible for overseeing on the project. All Trainings, meetings, and indoctrinations shall be documented in writing by date, name, content, and trainer. All PRAVA Superintendents will attend monthly Safety Training Meetings, will be current in CPR/First Aid and enrolled in/or completed the OSHA 10 Course. Emergency Response Training. All personnel will be thoroughly briefed in the Emergency Response Plan and trained to use equipment such as fire extinguishers, spill control equipment, etc. which they may be called upon to use in an emergency. At least one of our personnel will be trained and certified in First Aid and Cardio-Pulmonary Resuscitation (CPR). All employees will be trained how to remove and dispose of any and all dry brush, trees, and any other potential fire hazards that can cause wild land fires. Page 3 of7 c c PRAVA CONSTRUCTION SERVICES, INC. Contract Close-out PRA VA believes the project close-out begins upon award on the contract. The project team cannot lose sight of the requirements to close out the project efficiently and timely. PRA VA will provide all required project close-out documents per the client's requirements. However, noted below is an overview of PRAVA in-house procedures for the preparation and submission of as-built documents and project close-out. Preparation and Submission of As·Builts On a daily basis, the Project Superintendent will update the as-built record drawings. These documents are to be kept current at all times and shall remain at the jobsite office. The Project Manager shall review the as-builts on a weekly basis to ensure they are being updated accordingly. PRAVA's team members have the experience of working with the software program Blue Beam which allows them to create accurate as-builts and red-lined drawings as needed. PRAVA Construction uses Blue Beam to take any CAD file and turn it into a PDF, complete take-offs using the measurement tool, and to track all notes and changes to the plans in a neat and concise form. Blue Beam has also allowed PRAVAto easily transfer plans and as-builts onto CD and/or email them out to our subcontractors and clients. PRAVA has had the opportunity to work with many of the most experienced subcontractors in the area. We require that all of our subcontractors keeps track of and provide us with their own as-builts, which we then send to our reprographer to be hard copied and/or put onto CD. PRAVA Construction also requires all of our subcontractors to send in Maintenance and Operation manuals and Specification sheets for all materials and products used on the job site. PRAVA encloses all the Site Specific Drawings, As-Builts, Maintenance and Operation Manuals, and Specification sheets in multiple close-out binders at the end of the project and submits them to the owner. The contractor's copy of the as-builts will be filed with the project documents. An electronic copy is also stored on the computer. LEAN Processes PRA VA Construction Services uses many of the means and methods that are similar to the philosophy goals of LEAN Construction tools such as cost targeting, capturing the "voice of the customer", collaborative solution resolutions, design alternatives, and value engineering in our business approach. Our LEAN culture emphasizes re-imagining and eliminating waste in all forms and creating predictable, reliable workflows. On projects that develop and maintain a LEAN culture of continuous improvement, our project teams have experienced improvements in design team and trade contractor relationships, communication, scope definition, coordination, cost and schedule performance. Some fundamental principles of LEAN are: • • • • Define value from the customer's perspective Understand the value stream of all steps in the process used to create the end product Reduce waste Ensure a smooth flow of value added activities Page 4 of? c PRAVA CONSTRUCTION SERVICES, INC. • Prefabricate and modularize building systems • Utilize collaborative pull scheduling to provide each internal and external customer what they want, when they request it • Seek perfection by committing to continual improvement in all areas of the process Sustainable Design & Construction PRAVA Construction Services recognizes that existing buildings are the vast majority of buildings, therefore best practice means; and compliance with applicable state of California energy codes, we strive to improve insulation and maximize envelope efficiencies; reduce energy use through using higher efficiency heating/ cooling units, use of natural light; use low-energy lighting; provide Energy Star efficient appliances; change to renewable fuel and power sources; and reduce water consumption. Best practice sustainable construction is also important to PRAVA as it relates to using its own building and site sustainably e.g. ensuring energy and water are conserved well in the workplace Secondly to deal with adaptation to climate change, so far as it allows us to do so. It's important that there is a wide ranging contribution to industry forums, working groups, and workshops and so on, to identify best practice and opportunities for adaptation in the built environment. This helps in achieving a full, concerted response to the ever more importance to reducing our Carbon Footprint Project Logistics PRAVA Construction Services recognizes that the building shall be leased to a future educational entity and that all health and safety considerations are of the utmost importance and take precedence over any other item of consideration. The delivery of the warm shell shall consist of a warranted watertight roofing system for 1 0 years and providing functioning roof top mechanical units that will be utilized for the future tenant improvements. These elements in and of itself form the basis of which PRA VA will deliver a high quality and cost effective solution to the City of Carlsbad in order to meet its intended use. Material Deliveries Materials will be delivered to an approved lay-down area designated by City and stocked into the building during non- operational hours if necessary. Work Sequence Plan A three (3) week look ahead plan shall be provided weekly to chart progress and identify critical activities After Hours Work Plan To be provided as required and if necessary, however there is no after hour work anticipated in the project. Key Project Components PRA VA Construction Services recognizes that the procurement of the HVAC units the most critical element of the project, therefore will focus its efforts and this task shall take precedence over all others to submit I approve I release the order from factory as expeditiously as possible Page 5 of? c PRAVA CONSTRUCTION SERVICES, INC. OTHER ITEMS FOR CONSIDERATION Value Added Alternates and Approaches (see Exhibit F for Pricing of Items Below) • Large quantity of existing conduit and pipe penetrations coming from roof and complexity of roofing flashing at these locations • Identification of Haz-Mat in the mastics and sealants • Demo existing platforms • Skylight replacement • Remove existing pipe and conduits that are abandoned or not applicable to this project (Allowance) • Electrical disconnects for new VAG units • Builders risk insurance (in case the project is not covered under the city of Carlsbad course of construction policy) • 20 year NDL warranty with 50 mil PVC Carlisle Key Roofing system • New roof hatch guardrail system with gate • Cal OSHA fall protection screens over existing skylights • Rework existing PVC condensate drain lines • Extend roofing up parapet walls and add pre finished coping cap • Use standard seismic HVAC roof curbs in lieu of vibration isolation curbs (All existing do not have vibration isolation) Qualifications Clarifications & Exclusions 1. Full time supervision during construction is included per Exhibit C, paragraph 3.8, page 13 of 58 2. Pricing is based on full compliance with Design Build Method One, as outlined in Cartsbad Municipal Code; 3.28.085 3. All work shall be performed during normal working hours -7:00AM to 3:30 PM; Monday through Friday 4. Permits and fees shall be reimbursed after fees are established, we have carried a $3,500 allowance for these costs 5. Parking onsite shall be provided for contractors and vendors 6. Work will be guaranteed to be free from defects from workmanship and materials for a period of two (2) years 7. This proposal shall remain valid for 45 days after city's proposal deadline has occurred 8. Environmental reports have not been reviewed and have not been provided by the city for the contractor's use 9. Temporary toilet! wash facilities and trailer are excluded per RFI response 10. Construction power & water & cost for consumption are excluded 11. 12. There are no known or city directed allowances carried in our base bid proposal or pricing 13. Abatement of any hazardous material (unknown at time of this proposal) are excluded; see alternates for allowance 14. Testing for hazardous materials (specifically asbestos) is included 15. Prava acknowledges $500 per day for Liquidated Damages 16. Payment & performance bonds are included 17. Pollution and professional insurances are included 18. Caulking is limited to vertical and horizontal tilt up panel joints only 19. Builder risk COG insurance is excluded see alternates for additional premium if city desires this coverage Page 6 of? PRAVA CONSTRUCTION SERVICES, INC. 20. Patching for thermostat installation is excluded, we will place t-stats on most logical location of existing walls 21. The existing HVAC unit condensate lines are currently PVC, per code lines should be copper. All new condensate drain lines are currently PVC and 22. We are anticipating replacing up to 12 sheets (384 sf) of COX plywood roof deck due to new plenum drops and also possible bad/ written substrate. Any other additional work is excluded from our proposal and shall be charged at a rate of $3.1 0 per square foot SPECIFIC EXCLUSIONS 1. Security systems, access control; hardware or equipment 2. Utility company charges 3. Handling of hazardous materials 4. Any work inside the building 5. Any work on the site or striping (deleted through addenda# 2) 6. Any penetrations (roof jacks) for electrical or mechanical penetrations for future Tl 7. After hour & weekend work 8. Fire sprinkler design & permits 9. Fire alarm drawings/design 10. Storm or water piping modifications 11. AC paving or concrete flatwork 12. ADA compliance work or code upgrades 13. Security guards 14. Structural steel of any kind 15. Erosion control design & plan 16. Emergency generator work of any kind 17. Costs due to unknown conditions 18. Masonry walls 19. Special inspections or testing 20. Roof access ladder and cage 21. Page 7 of 7 c Roof and HVAC Replacement Design~Builder RFP N/A FORMA Use one Form per Lawsuit or Arbitration (Make Copies as Needed) City of Carlsbad Project No. 4207 Case Name and Number including Name and Location of Court or Arbitration Service: Date Arbitration or Litigation Commenced: Project Name: Project or Contract Number: Project Location: Street Address City & State Zip Code Name of Owner: Contact Person: Telephone: ______ _ Name& Title Highest Amount Sought for All Claims: $ (Amount In Figures) Amount Recovered: $ -~-~~=--~-(Amount in Figures) Method of Resolution (Check One): Judgment: 0 Arbitration Award: D Litigation: D Settled by Contracting Parties without Litigation or Arbitration: 0 Other: D List: ------------------------ Date of Claim Resolution: Basis for Claim: If the lawsuit or arbitration was resolved for more than 40% of the highest amount sought for all claims, state why the lawsuit or arbitration should not be considered a meritorious lawsuit or arbitration filed by an owner against Contractor and/or persons or entities associated with Contractor: ers provided on this Form A are true and correct. Contractor's Signature: ---.~ltt.d&.h:~~~-------- Printed Name & Title: ------------.r.r--------- If signed by other than the sole proprietor, a general partner or corporate officer, attach orl inal notarized ower of attorne or cor orate resolution. Page 14 of 16 Roof and HVAC Replacement Design-Builder RFP N/A FORMB Use one Form per Lawsuit or Arbitration (Make Copies as Needed) Case Name and Number Including Name and Location of Court or Arbitration Service: Date Arbitration or Litigation Commenced: Project Name: Project or Contract Number: Project Location: Street Address City & State Name of Owner: City of Carlsbad Project No. 4207 Zip Code Contact Person: Telephone: _____ _ Name & Title Highest Amount Sought for All Claims: -..,....---"-$----,---------,- (Amount in Figures) Amount Recovered: $ -~-~~=--~-(Amount in Figures) Method of Resolution (Check One): Date of Claim Resolution: Basis for Claim: Judgment: 0 Arbitration Award: 0 Litigation: 0 Settled by Contracting Parties without Litigation or Arbitration: 0 Other: 0 List: If the lawsuit or arbitration was resolved for less than 60% of the highest amount sought for all claims, state why the lawsuit or arbitration should not be considered a meritorious lawsuit or arbitration filed by an owner against Contractor and/or persons or entities associated with Contractor: My signature below signifies my declarat' Contractor's Signature: -~~-V"'-=-"'---''---'~---"-----TJf------- Printed Name & Title: --=.:=~~___:::.;=:....:.=.:=~~------- If signed by other than the sole proprietor, a general partner or corporate officer, attach orl ina I notarized ower of attorne or cor orate resolution. Page 15 of 16 c Carlsbad H·1niiU§t;.fii..tM(.-JII;tlt.Ui June 26, 2014 ADDENDUM NO. 1 RE: LAS PALMAS RENOVATION PROJECT, PWDB14-53PEM Please include the attached addendum in the Request for Proposals document you have for the above project. This page-receipt acknowledged-must be included in your proposal when your proposal is submitted. ~~ ·-" Sr. Contract Administrator "'-' I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Proposer's Signature July 2, 2014 ADDENDUM NO. 2 RE: LAS PALMAS RENOVATION PROJECT, PWDB14-53PEM Please include this addendum in the Request for Proposals package you have for the above project. This addendum is issued in electronic form only. Please direct concerns to Kevin Davis at kevin.<}.~vi§(ill~mlspc:~g~a.gqy. This page-receipt acknowledged-must be included in your submittal. ~i?- Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Propose~~¥ -·-·-·-----··~----~ ---------· 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 ;:;-f) "'CARLSBAD PRAVA Construction Services. Inc. Please Note: If anv auestion In the table below Is left unanswered fblankl this evaluation ma Design Builder Must HAVE: YES Design Builder: Current and active required Contractor licenses @ Key Subcontractors: Current and active licenses @ A notarized statement from surety stating: @ 1. Contractor's current available bonding capacity meets or exceeds $500,000 2. Contractor's total bonding capacity 3. Surety is an admitted surety insurer 4. Surety will provide bonding if Contractor is awarded A notarized statement from insurance agent/broker/carrier stating: @ 1. Contractor can obtain insurance that meets or exceeds the required limits and ratings 2. Copy of the contractor's certificate of insu ranee is attached Letter from Worker's Compensation insurance carrier showing evidence of @ EMR over the last 1 0 years Signed Declaration by the sole proprietor. general partner or corporate @ officer. or original notarized power of attomey or corporate resolution is attached. J"\ Las Palmas Renovatio{ ... lject Design Build Team Qualification Evaluation 2038 Corte Del No al Suite 1 00 Carlsbad CA 92011 7/812014 be considered unresponsive and could result In disqualification NO Comments 1 Clarifications: Score A no answer for any of the line Items in this section may disqualify the bidder 0 Class B 0 0 C-20(HVAQ}_and C-39 (roofinal 0 0 0 0 0 0 0 0 0 TOTAL: 0 /r: ( ... , ~-CARLSBAD PRAVA Construction Services. Inc. Does any member of the Design Build Team have: The following questions apply to all members of the Design Build Team over the last five years. If any Team member answers "Yes." please provide clarification in the Comments section. A civil or criminal violation of the Contractors State License Law? Any debarment. disqualification, or removal from any Federal. State, or local government public works project or a violation of the Federal or State False Claims Act or instances in which a bid for a public works project was found to be non-responsive and/or the contractor was found to be not responsible? A civil or criminal violation of State or Federal Labor Laws, California Occupational Safety and Health Act, Federal Occupational Safety and Health Act, or Equal Opportunity Employment? A civil or criminal violation of Federal or State Law governing the Payment of Wages or EmplOyment of apprentices, BenefitS, Personal Income Tax Withholding, Federal Insurance Contribution ACT (FICA), State Disability Insurance ($01) or Unemployment Insurance Payment? A surety complete work on any construction contract or any default on a construction contract? A Bankruptcy or Receivership on any contract? Assessed liquidated damages for failing to complete a contract within the time specified in the contract documents? A Experience MOdification Rate (EMR: Workers· Comp) injury rating above 1.0 in the past five years? Significant litigation history that meets the parameters specified by the DIR? YES NO 0 @ 0 @ 0 @ 0 @ 0 @ 0 ® 0 ® 0 ® 0 ® Las Palmas Renovatio{)ect Design Build Team Qualification Evaluation 2038 Corte Del No al Suite 1 00 Carlsbad CA 92011 7/8/2014 Comments I Clarifications: (clarifications must name which member this pertains to and all applicable Score circumstances) 0 0 0 0 0 0 0 0 0 TOTAL: 0 ( '"-'~ . ) -.CARLSBAD PRAVA Construction Services. Inc. E>. ·' G Las Palmas RenovatiJ \ojeet Design Build Team Qualification Evaluation 2038 Corte Del No at Suite 100 Carlsbad CA 92011 7/812014 DESIGN BUILD TEAM -KEY STAFF VS. PROJECT MATRIX ponts are awarded if the persons submitted for this project also worked on the projects listed KEY PERSONNEL Parkway Plaza SDGEOCCO Coca Cola TECHNICAL POINTS Subtotal Out of Key Personnel #01 -Glenn Torrez 3 3 Project Executive @Yes oo ®Yes Oo ®Yes Oo Key Personnel #02 -Andre Ramirez 3 3 Proiect Manaoer @Yes Oo ®Yes oo @Yes Oo Key Personnel #03 • Kalina HoucK 2 3 Project Enoineerl Coordinator ()VES @)JO ®Yes Oo @Yes Oo Key Personnel #04 -Brian Buckhout 2 3 Sucerintendent ()VES @-Jo ®Yes Oo @Yes Oo Key Personnel #05-T-Squared 0 3 Engineer of Record-Misty Ducre Qves ®-Jo Oves ®-Jo Oves ®-Jo Key Personnel #015 -Green Mechanical 0 3 Kev Subcontractor A -Juan Ramirez ()VES ®-Jo Oves ®-Jo ()VES ®-Jo Key Personnel #07 -Roof Construction 1 3 Key Subcontractor B • Jesse Qves ®-Jo ®Yes Oo ()VES ®-Jo KEY PERSONNEL PROJECT MATRIX TOTAL.: 11 21 ~ ( ) ··:.;, CARLSBAD Ex ... G l ' Las Palmas Renovatio~ }oject Design Build Team Qualification Evaluation PRAVA Construction Services. Inc. 2038 Corte Del No al Suite 1 00 Carlsbad CA 92011 7/8/2014 DESIGN BUILD TEAM -COMPLETED PROJECT EXPERIENCE Evaluator's CRITERIA Parkway Plaza SOGEOCCO Coca Cola Score TECHNICAL POINTS Did the project include the following: (max 5 points) Subtotal Out of Does the project represent the required experience and qualifications to @fes ()lo @yes ()lo @ves ()lo 3 8 complete this project? Project constructed for a public owner or institutional client? ()les @)40 ()fES @)40 ()les <!)4o 0 8 Project is comparable in cost? @fes ()lo @Yes ()lO ()les @)40 2 8 ProJect comparable in size? @fes ()lo @YES oo @Yes Oo 3 8 Completed in the State of Califomia? @fES ()lo @YES oo @fes ()lo 3 8 Projects whiCh used Design Build project delivery? @fES Oo @fes oo @YES oo 3 8 Not Used ()fES ()lo ()fes oo ()fES Oo PROJECT POINTS SUBTOTAl.: 14 48 -~ ( ) .,.. ' ~· -.CARLSBAD E:i. .,G ( \ Las Palmas Renovatid. Jlooject Design Build Team Qualification Evaluation PRAVA Construction Services. Inc. 2038 Corte Del No al Suite 100 Carlsbad CA 92011 7/8/2014 DESIGN BUILD TEAM ·COMPLETED PROJECT EXPERIENCE (continued) Evaluator's CRITERIA Parkway Plaza SOGEOCCO Coca Cola Score TECHNICAL POINTS Did the project Include the following: (max 5 points) Subtotal Out of Did the key subcontractor A submitted for this project participate in the listed project? Oves @'lo ()Yes ®lo ()Yes @'lo 0 8 Did the key subcontractor B submitted for this project participate in the listed project? Oves ®lo @YES Oo OYES @'lo 1 8 Was the projected completed without any lost time accidents @YES Oo @YES ()lo @YES ()lo 3 8 Was the project completed on sChedule? @YES ()IO @YES ()lo @YES oo 3 8 Was the project completed on budget (within 3% or less)? @Yes ()lo @YES ()lo ®Yes Oo 3 8 NOT USED Oves Oo ()Yes ()lo ()YEs Oo NOT USED Oves ()lo ()Yes ()lo ()Yes Oo NOT USED Oes Oo ()Yes ()lo ()YEs Oo PROJECT POINTS SUBTOTAL: 10 40 Notes: A single project may satisfy multiple criteria. A maximum of tnree proJects Will be scored per submittal. Comments: PRAVA Construction Services. Inc. KEY STAFF EXPERIENCE (names must be input on Staff & Prowct Matrix above) Key Personnel #01 • Glenn Torrez Pro 'ect Executive Key Personnel #03 • Kalina Houck Pro ·ecr En ineerl Coordinator Key Personnel #04 • Brian Buckhout Su erintendent Key Personnel #05 • T -Squared Architect or En ineer of Record Key Personnel #06 -Green Mechan,cal Ke Subcontractor A -Juan Ramirez Key Personnel #07 -Roof Construction Ke Subcontractor B -Jesse NOT USED 2 Certificates & Licenses (PE, QSP,etc.) Contractors License A. B. C·S LEED.PE 3 OBIA ()fes ®-Jo ()fes @:wo ()fES @;wo ()fes @;wo ()fes @:wo ()fes (!;wo ()fes (!;wo E~ .G Las Palmas Renovatic( )oject Design Build Team Qualification Evaluation 2038 Corte Del No al Suite 1 00 Carlsbad CA 92011 7/812014 Pro ·ect s ecific Criteria 4 5 6 7 8 9 Key Staff's TECHNICAL POINTS Relevant Evaluator's Score CCM Education Participation on (max 5 points) Total Out of Submitted Projects ()fES owss @-lone 3 3 8 (!;wo Cotner ()fes ®wss Oone 3 3 8 (!;wo CorJ,er ()fes ®3AISS ()lone 2 2 8 @:wo Cotner ()fes @-lone 2 2 a @;wo ()fes ()lone 0 0 8 (!;wo ()fes Olone 0 0 a @;wo ()fes ()lone a (!;wo PROJECT POINTS SUBTOTAL: 11 56 ./:• ( ') '"'CARLSBAD PRAVA Construction Services. Inc. I LITIGATION HISTORY Litigation History (points are awarded for litigation avoidance; score is determined by City Evaluator) Key Subcontractor A-HVAC Contractor CRITERIA Carlsbad Corp. Plaza Does this firm present the required experience and qualifications to complete this project? citv evaluation only Project constructed for a public/private owner or institutional Client? ®Iss ()o Project was comparable to this project? ®Iss ()o Completed in the State of California? @Yes ()o NOT USED NOT USED NOT USED NOT USED NOT USED NOT USED ()yes Oo Notes: A single prOject may satisfy multiple criteria. A maximum of three projects win be scored per submittal. Comments: Las Palmas Renovati!_loject Design Build Team Qualification Evaluation 2038 Corte Del No al Suite 1 00 Carlsbad CA 92011 7/8/2014 Evaluator's Score TECHNICAL POINTS tmax 20 DOintsl Subtotal Out of 0 20 PROJECT POINTS SUBTOTAL: 0 20 Qualcomm Building Syncor Isotope Evaluator's TECHNICAL POINTS Score (varies) Subtotal Out of 0 10 ®Iss ()o ®Iss ()o 2 e @Yes ()o @Yes ()o 3 e @Yes ()lo @Yes ()O 3 e ()yes ()o (}Yes ()o KEY SUBCONTRACTOR A· TOTAL PROJECT POINTS: 8 34 PRAVA Construction Services. Inc. key Subcontractor B -Roofing Contractor CRITERIA Caltrans Carlsbad Does this firm present the required experience and qualifications to complete this project? citv evaluation only Project constructed for a public/private owner or institutional client? ®ves Oo Project was comparable to this project? ®ves Oo Qualified to install a Samifil PVC roof? ®ves Oo NOT USED ()fes Oo NOT USED Oves Oo NOT USED NOT USED NOT USED NOT USED Notes: A single project may satisfy multiple critena. A max1mum of three projects will be scored per submittal. Comments: Eli .G Las Palmas RenovatiJ. loject Design Build Team Qualification Evaluation 2038 Corte Del No al Suite 1 00 Carlsbad CA 92011 7/8/2014 Kaiser Carlsbad Mission Elementary Evaluator's TECHNICAL. POINTS Score (varies) SubtOtal Out of 0 10 @YEs Oo @ves Oo 3 8 @YES oo ®ves Oo 3 8 1 8 ()'I'ES oo ()Yes 010 ()Yes Oo ()Yes Oo KEY SUBCONTRACTOR B ·TOTAL. PROJECT POINTS: 7 34 Las Palmas Renovati{ )roject Design Build Team Qualification Evaluation PRAVA Construction Services. Inc. 2038 Corte Del No al Suite 100 Carlsbad CA 92011 7/8/2014 FINAL EVALUATION SCORING DOES THE DESIGN BUILD TEAM MEET ALL REQUIREMENTS 0ves O.o DESIGN BUILD TEAM POINTS: Total Project Experience 24 Total Key Personnel Project Experience 22 Total Litigation History 0 TOTAL POINTS 46 •• Please Note: Key Personnel experience points for the entire Design Build Team (listed above) includes each subcontractor's points. Key Personnel Experience points listed below are for reference only. KEY SUBCONTRACTOR A Not Used Points: Points: Total Project Design Experience: 8 Total Project Design Experience: 0 Total Key Personnel Experience: 0 Total Key Personnel Experience: 0 TOTAL POINTS: 8 TOTAL POINTS: 0 KEY SUBCONTRACTOR B Not Used Points: Points: Total Project Design Experience: 7 Total Project Design Experience: 0 Total Key Personnel Experience: 1 Total Key Personnel Experience: 0 TOTAL POINTS: 8 TOTAL POINTS: 0 .,~ () -CA~tLSBAD PRAVA Construction Services. Inc. Not Used Points: Total Project Design Experience: 0 Total Key Personnel Experience: 0 TOTAL POINTS: 0 Las Palmas Renovati,. )ojeet Design Build Team Qualification Evaluation 2038 Corte Del No al Suite 1 00 Carlsbad CA 92011 7/8/2014 Not Used Points: Total Project Design Experience: 0 Total Key Personnel Experience: 0 TOTAL POINTS: 0 TOTAL PROJECT EXPERIENCE AND KEY PERSONNEL EXPERIENCE POINTS: Subtotal Out of Total Design Build TEAM Score: 46 164 Total Design Build TEAM Deductions: 0 0 Total Key Subcontractors Score: 15 68 GRAND TOTAL: 61 232 Roof and HVAC Replacement Design-Bw1der RFP II. DB TEAM INFORMATION City of Carlsbad Project No. 4207 All information requested must be furnished on the forms provided below and must be completed in order to qualify. If more room is need to answer the question a supplemental single page may be added to the forms. A. ENTITY SUBMITIING THIS PROPOSAL : COMPANY NAME AND ADDRESS Company Name: PRAVA Construction SeNices, Inc. 760-929-9787 Telephone Street Address: 2038 Corte Del Nogal Suite 100 Street Address B. CONTACT INFORMATION 760-579-0003 Facsimile , Carlsbad CA City & State 92011 Zip Code Contact Person #1: Glenn Torrez· CEOfPresident 760-929-9787 glorrez@pravacsi.com Name, Title C. ENTITY SUBMITIING THIS QUESTIONNAIRE Parent Company: 1RJ Subsidiary: 0 Other: 0 Branch Office: [] Division: 0 -, 0. TYPE OF BUSINESS ORGANIZATION Corporation: Partnership: Sole Proprietorship: 0 State of Incorporation: 0 Joint Venture: 0 0 Other: 0 California (Please list) Telephone Email (Please list) If a corporation, organized under the laws of the state of: California -=~==--------------------------- If a partnership (Only partnerships that are a legal entity will be considered), provide the following infonnation: Date of Organization: ---------------------General: 0 Association 0 Copy of legal document demonstrating the partnership is a legal entity and copy of partnership operating agreement. Name and complete legal address of each general partner: (Partner's Name) (Legal Address) (Partner's Name) (Legal Address) Page 7 of 16 c , Roof and HVAC Replacement Design-Bw1der RFP E. LICENSES City of Carlsbad Project No. 4207 The Contractor and Key Subcontractors of the DB Team must have current and active California State Contractor's licenses Classification for this Project. Minimum License requirements are as follows: CSLB LICENSE CLASS 8, C-20 HVAC C-39 Roofing All licenses must be maintained in current and active status throughout the project. 1. Design Build Contractor The DB Contractor must have a current and active California State Contractors license "B" General Building Contractor Classification for this Project. Does your firm have the required current and active California State Contractors license? Yes~ NoD Name of Licensee as it appears on record with the California Contractors State License Board: PRAVA Construction Services, Inc. License No. 878621 Issue Date: 6/112006 Expiration Date: 6/30/2016 ----- License Class/Classes: A,B,C-8 Description of Classification(s): General Engineering Contractor, General Building Contractor, Concrete Description of Certification(s): Minority Owned Business, Small Business Enterprise For Joint Venture: List Joint Venture's license information above as the Design.Builder and the license information for all Joint Venture partners below: (Exact Name of Licensee as it appears on record with the California Contractor's State License Board) License No. Issue Date: _____ Expiration Date: License Class/Classes: Description of Classification(s): Description of Certification(s): 2. Key Subcontractor A: HVAC Subcontractor The Key Subcontractor A must have a current and active California State Contractor's license with a "C-20" Contractor Classification for this Project. Doe~our firm have the required current and active California State Contractors license? Yest_j NoD Name of Licensee as it appears on record with the California Contractors State License Board: Green Building Technologies License No. 797984 Issue Date: 81112001 .=.:.='-'-----Expiration Date: -=8=/3'-'-'1/2=0~15=------- License Class/Classes: 8, C-20, C-36 Description of Classification(s): General Building Contractor, Healing, Ventilating, Air Cond!lioning, Plumbing Page 8of 16 c Roof and HVAC Replacement Design-Builder RFP Description of Certification(s): 3. Key Subcontractor B: Roofing Subcontractor City of Carlsbad Project No. 4207 The Key Subcontractor B must have a current and active California State Contractor's license with the "C-39" Contractor Classification for this Project. Does your firm have the required current and active California State Contractors licenses? Yes[] NoD Name of Licensee as it appears on record with the California Contractors State License Board: Chambers, Inc. DBA -Roof Construction License No. 647203 ~;...=.,::.::...__ __ 6/9/1992 Expiration Date: _7---'-/3...:..:.11,;....;20:._:.16-'------ License Class/Classes: 4. Design Firms (Architects and Engineers) Architect/Engineer of Record Firm/Person Name: T -Squared Professional Engineers, Inc. 760-560-0100 760-560-0101 Telephone Facsimile Street Address: 1340 Specialty Drive Suite E , Vista, CA ' 92081 Street Address City & State Zip Code Provide the name of the Architect/Engineer of Record to be used on the Project: Misty DuPre -Mechanical Engineer ...cM:..:..:3:.::28.::...1:...:.1 _____ _ Name, Title License Number Ill. INSURANCE The successful DB Team primary entity for this Project will be required to furnish certificates of insurance on city's form evidencing that it shall furnish and maintain Commercial Form of General Liability, Excess Liability (if applicable), Business Automobile Liability, Professional Liability, Pollution Liability and Workers' Compensation insurance in the amounts below. The DB Team Design Builder's insurance shall, by endorsement to the policies and the Certificates of Insurance name The City of Carlsbad, its Agents, Employees and Contractors, as additional insured. The insurance required for Commercial Form General Liability, Excess Liability, Business Automobile Liability, Professional Liability and Pollution Liability Insurance shall be issued by companies with a Best Page 9 of 16 Roof and HVAC Replacement Design-Builder RFP · City of Carlsbad Project No. 4207 rating of A-or better and a financial classification of VIII or better (or an equivalent rating by Standard & Poor or Moody's) written for not less than the following: Minimum COMMERCIAL FORM GENERAL LIABILITY INSURANCE -Limits of Liability Requirements Each Occurrence -Combined Single Limit for Bodily Injury and Property Damage: $ 1 ,000,000 Products-Completed Operations Aggregate: $1,000,000 Personal and Advertising Injury: $1,000,000 General Aggregate: $2,000,000 Minimum Requirements BUILDER'S RISK INSURANCE $2,000,000 Minimum DB TEAM'S PROFESSIONAL LIABILITY -Limits of Liability Requirement Each Occurrence -Professional Liability $1 ,000,000 General Aggregate: $2,000,000 Minimum BUSINESS AUTOMOBILE LIABILITY INSURANCE -Limits of Liability Requirement Each Accident-Combined Single Limit for Bodily Injury and Property Damage: $1,000,000 Minimum POLLUTION LIABILITY INSURANCE -Limits of Liability Requirement $1,000,000 Insurance required for Workers' Compensation and Employer's Liability Insurance shall be issued by companies that have a (i) Best rating of B+ or better and a financial classification of VIII or better (or an equivalent rating by Standard & Poor or Moody's) or (ii) that are acceptable to the city. Such insurance shall be written to be not less than (as required by Federal and State of California law). A "No" Answer to the question below will subject the DB Team to disqualification. Is your firm able to obtain the above insurance in the limits and ratings stated from the Require companies? Yes lK1 No 0 If "yes", provide notarized declaration(sJ from vour insurance agent/broker/carrier stating that your firm is able to obtain insurance coverage in the limits and ratings stated above from the insurance companies required for this Project. Page 10 of 16 Roof and HVAC Replacement Design-Builder RFP IV. EXPERIENCE MODIFIER RATE City of Carlsbad Project No. 4207 List your company's Workers' Compensation Experience Modifier Rate for the past five years: 2009: N/A 2010: NIA 2011: NIA 2012: NIA 2013 .83 Submit a letter from vour Workers' Compensation carrier showing your Experience Modifier rate for the last five years. If the Modifier Rate has been above 1.0 for five or more of the past five years, provide an explanation, including dates: Page 11 of 16 Roof and HVAC Replacement Design-Builder RFP City of Carlsbad Project No. 4207 VIII. DECLARATION DECLARATION hereby declare that I am I, Glenn Torrez the -=~~~P~r7in~t-ed77N~a_m_e ______ __ CE 0/President of PRAVA Construction Services, Inc. Title submitting this Questionnaire; that I Company Name am duly authorized to execute this Questionnaire on behalf of the DB T earn; and that all information set forth in this Questionnaire and all attachments hereto are, to the best of my knowledge, true, accurate and complete as of its submission date. I declare, under penalty of pe~ury, that the foregoing is true and correct and that this declaration was executed at 2038 Corte Del Nogal Suite 100 Carlsbad County of ....:S:..;;ac..:.n.=.O.:..:.ieg;z.;o=---::::-------:----- Location and City County State of _,C"""a"""lif"""om-'-'-'i,_a --=,....-:-------on July 8, 2014 State Glenn Torrez Date Printed Name If signed by other than the sole proprietor, a general partner, or corporate officer, attach original notarized power of attorney or corporate resolution. Page 16 of 16 Exhibit H Las Palmas Renovations Project No. 4207 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California County of San Diego ) Las Palmas Renovations CONTRACT NO. 42071 ) ss. ) ____ G'--Ie:;_;_n_n T-'-'o"-'-rr=ez'-----------------' being first duly sworn, deposes and CEO/President of says (Name of Bidder) that PRAVA Construction Services, Inc. (Name of Firm) or is (Tille) 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 8th da f Jul , 20___!1._. Subscribed and sworn to be 20_!i_. (NOTARY SEAL) l' • .,.. Revised 05/12/2014 ~8=th~ ____ dayof~J~u~ly ___________ _ c ~ /,'.,. '-''-·,.,It ~ ( 11 '( 0 t ~CARLSBAD ( /· I l > ~ J !' ,' J l .' Exhibit I Las Pa/mas Renovations Project No. 4207 PROPOSER'S STATEMENT REGARDING DEBARMENT (To Accompany Proposal) Las Palmas Renovations Project PROJECT NO. 4207 I) Have you or any of your subcontractors ever been debarred as an irresponsible bidder/proposer 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 debannent(s)? Attach additional copies of this page to accommodate more than two debarments. Patty debarred Agency Period of debannent Party debarred Agency Period of debarment BY PROPOSER: PRAVA Construction Services, Inc. (name ofProposer) By:~~ (sign here) Glenn Torrez-CEO/President (print name/title) 6-3-14 Page 1 of 1 <i~> <:1 fY Of ~CARLSBAD { A 1 ' f •J ~ ·~ I A Exhibit J Las Palmas Renovations Project No. 4207 PROPOSER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Las Palmas Renovations Project PROJECT NO. 4207 Design Builders are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Design Builders 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 Design Builder may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. I) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X 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? X yes no 5) If the answer to either of I. m· 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 therefore. (If needed attach additional sheets to provide full disclosure.) Page _1_ of_1_ pages of this Disclosure of Discipline fonn 2-15-12 Page 1 of 2 (/diJOR'iiA Exhibit J Las Palmas Renovations Project No. 4207 PROPOSER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) Las Pahnas Renovations Project PROJECT NO. 4207 6) If the answer to either of2. or 4. above is yes fully identify, in each and every case, the pat1y who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY DESIGN BUILDER: PRAVA Construction Services Inc. By: (n::£Z:i¥ (sign here) Glenn Torrez-CEO/President (print name/title) Page _1_ of_1_ pages of this Disclosure of Discipline form 2-15-12 Page 2 of2 <<~\ CITY OF ~CARLSBAD CALif-OHI'-JIA NOT VOLUNTARY DESIGN CHANGES/SUBSTITUTIONS FORM (To be used with TAB 4 Technical Proposal response) ITEM ITEM DESCRIPTION DESCRIPTIVE DETAILS NUMBER 1 STANDARD SEISMIC ROOF CURBS IN LIEU OF VIBRATION ISOLATION CURBS Exhibit F Las Palmas Renovations Project No. 4207 IMPACT OR EFFECT ON PROJECT DESIGN ORCOST(1) ($8,512.00) (1) Not Voluntary changes that increase the project cost WILL BE added to the project cost to determine "Best Value" 2-15-12 Technical Proposal Design Changes Substitutions-Not Voluntary Form <<l~:, CITY Of w CARLSBAD Exhibit E Las Palmas Renovations Project No. 4207 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: Philadelphia Indemnity That we, PRAVA Construction Services, Inc. , as Principal, and Insurance Company , as Surety are held 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) ten percent of total amount bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: Las Palmas Renovations CONTRACT NO. 47021 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. 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 6~ day of U V lj , 20ft. PRINCIPAL: PRA VA Construction Services, Inc. (name of Principal (print name here) cRP{ff.lS wft1+ -Pf.WA ton~twtJfiOt\ (Title and Organization of Signatory) By:_~---------------------------------------------------(sign here) (print name here) (title and organization of signatory) Executed by SURETY this ----Al...!2.st1-__________ day of July , 20 1.1_. SURETY: Philadelphia Indemnity Insurance Company (name of Surety) 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 (address of Surety) 626-639-1321 (telephone number of Surety) omey-in-Fact) Anne \'\'right, Attorney-in-Fact (printed name of Attorney-in-Fact) ~r CITY Of ~CARLSBAD CAlli OMNIA (Attach corporate resolution showing current power of attorney.) Exhibit E Las Palmas Renovations Project No. 4207 (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: Celia Brewer City Attorney By: J)Qbc~ Deputy City Attorney 6-3-2014 Page 3 of 3 Request for Proposal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~«'<X.~'C<'iG<.:.~~~'%~'@;.'%~~~~~'%~~<;;g<:;'Qt~~«'<x••<;x:g<;,x?>:<;:Q<..~~~~~ STATE OF CALIFORNIA County of San Diego } On July 1, 2014 Date before me, ____ _.!.P_J,a~m~D:!'!a!.!vil>!s~. NC!:o~t~a~ryuPC-Ju~b!f!li~c~.-:=-=--..------- Here Insert Name and Title of the Officer personally appeared __ ___!A~n~n~e~W~ri~gh~t~------..-::--:-=--;-;~-=-------------Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(ti) whose name(~ is/At~ subscribed to the within instrument and acknowledged to me that~Wshe/t~ executed the same in~i§/her/IH~r authorized capacity~). and that by~~/her/~Mil<signature(X) on the instrument the person~). or the entity upon behalf of which the person(K) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my fa~cfa Signature~\~~~~~~~'-¥~-------Signature of OPTIONAL--------------------- Though the information below is not require'd 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 Document Date: ___________________ Number of Pages: ________ _ Signer(s) Other Than Named Above:------------------------- Capaclty(les) Claimed by Slgner(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General ~ Altorney in Fact 0 Trustee RIGHTTHUMBPRINT OF SIGNER 0 Guardian or Conservator Top of thumb here 0 Other: ------- Signer Is Representing: Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s):. ________ _ 0 Partner-0 Limited 0 General 0 Attorney In Fact 0 Trustee RIGHTTHUMBPRINT OF SIGNER 0 Guardian or Conservator Top of thumb here 0 Other: ------- Signer Is Representing: PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 BaJa Cynwyd, PA 19004-0950 Power of Attorney 228 KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Compan>·), a corpomtion organi<ed and exhting under the laws of the Commonwealth of Pcnn,yh·ania, does hereby con>titute and appoint; CYNDI BEILMAN, ANNE WRIGHT AND DANA :\IICHAEUS OF SURETY ASSOCIATES OF SOUTHERN CALIFORNIA INSURANCE SERVICES It• true and lawful Allome)'(s) in fru:t with full authority to execute on its behalf bonds, undertakings, recognizance' and other contracts of indemnity and writings obligatory in the nature thereof, is.ued in the course of its businc.s and to bind the Company thereby, in an amount not to exceed $25,000.000.00 This Power of A !lome)' is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA JNDE:\L'IIITY INSURANCE COMPANY at a meeting duly called the I" day of July. 2011. RESOLVED: FURTHER RES OJ. \'Ell: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (I) Appoint Allomey{s) in Fact and authorize the Allomey(s) in Fact to execute on behalf of the Company bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof and to allach the seal of the Company thereto; and (2) to remO\·e, at any time, any such Allomey-in-Fact and re\'Oke the authority gi\"en. And, be it That the si11nature' of such officers and the seal of the Company may he affixed to :my such Power of Altome)' or certificate relating ther.:to by facsimile, and liD)' •uch Power of Allomey so executed and certified by facsimile signatures and facsimile •cal shall he \'alid and biding upon the Company in the future with the respect to any bond or undertaking to which it ;, allached. IN TESTIMONY WHEREOF. PHILADELPHIA INDE:\L'IIITY INSURANCE COMPANY liAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAl. TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. I• . '·" (Seal) Robert D. O'Leary Jr .• President & CEO Philadelphia Indemnity ln•umnce Company On this 7'' day of February 2013, before me came the indi\'idual who executed the preceding inMrument,lo me personally known. and being by me duly sworn said that he is the therein described and :IUthorized officer ofthe PHILADELPHIA 11\'DEMNITV INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corpomte Seal and his signature were duly affixed. c;ot.l p Bala Cynwyd. PA (Notary Seal) i\ly commhsion expire.: March 22 2016 I, Craig P. Keller, Exe.:uli\"e Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Allomey is.ucd pursuant thereto ure true and correct :md a"' .till in full force ;md efiect. I do funhcr eertify that Robert D. O'Leary Jr .• who ex~'Cutcd the Power of Allomey as President, wa< on the date of execution of the auached Power of Allomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE CO:\IPANY, In Tc•timony Whereof I ha\"e subs,rihed my name and affixed the facsimile >eal of each Company this 1st day of_..!:J~u~l!!::..y'----~· 20...l!t_. I' Craig P. Keller, Executi\'e Vice Pre•ident. Chief Financial Officer & Secretary PHILADIII.I'HIA INDEMNITY INSURANCE CO~WANY (_(~ CITY OF ~CARLSBAD C A L l f 0 R "'.l ! .A. VOLUNTARY AND IN'IOLUNTARY CHANGES/ENHANCEMENTS FORM ITEM Exhibit F Las Palmas Renovations Project No. 4207 IMPACT OR EFFECT ITEM DESCRIPTION DESCRIPTIVE DETAILS ON PROJECT DESIGN NUMBER ORCOST(1) 1 2 3 4 5 6 7 8 9 10 DEMO EXISTING OBSOLETE PLATFORMS $3,141 SKYLIGHT REPLACEMENT $5,791 REMOVE MISC OBSOLETE ROOF VENT PIPE AND CONDUIT $4,077 REPLACE DISCONNECTS FOR (10) HVAC UNITS $3,857 BUILDERS RISK (COURSE OF CONSTRUCTION) IF NOT CITY FURNISHED $1 '101 20 YEAR NDL WARRANTY W/50 MIL CARLISLE PVC KEE ROOF SYSTEM $3,800 NEW ROOF HATCH GUARD RAIL SYSTEM W GATE AT EXISTING ROOF HATCH $3,513 CAL OSHA FALL PROTECTION SCREENS OVER EXISTING SKYLIGHTS $6,556 REWORK PVC CONDENSATE DRAIN LINES AT HVAC UNITS THAT REMAIN IN PLACE $3,031 WRAP PARAPET WALLS WITH ROOFING AND PRE FINISHED COPING $28,515 (1) Voluntary changes that increase the Project Cost WILL NOT be added to the total cost to determine "Best Value" 2-15-12 Technical Proposal Design Changes Substitutions-Not Voluntary Form «~ CITY OF ~CARLSBAD PRICING PROPOSAL FORM FOR LAS PALMAS RENOVATIONS PROJECT NO. 4207 THE CITY OF CARLSBAD CARLSBAD, CALIFORNIA June 18, 2014 PROPOSAL TO: THE CITY OF CARLSBAD Kevin Davis 1635 Faraday Carlsbad, CA 92008 (760) 4602-2466 PROPOSAL FROM: PRAVA Construction Services, Inc. (Name of Firm Submitting Proposal) 2038 Corte Del Nogal Suite 1 00 (Address) Carlsbad CA 92011 (City, State, Zip Code) 760-929-9787 I 760-579-0003 (Telephone & Fax Number) 7/8/14 (Date Submitted) Exhibit D Las Pa/mas Renovations Project No 4207. Note: All portions of this Pricing Proposal Form must be completed and must include the signed Declaration on the last page of this form before the Proposal is submitted. Failure to execute the Declaration will result in the Proposal being rejected as nonresponsive. 6-18-2014 Page 1 of 4 Pricing Proposal Form «~·,,: CITY OF ~CARLSBAD L A l I !· 0 f.l N ! A 1.0 PROPOSER'S REPRESENTATIONS Exhibit D Las Palmas Renovations Project No 4207. Proposer, represents that a) it has the appropriate active Contractor's license required by the State of California; b) it has carefully read and examined the Proposal Documents for the proposed Work on this Project; c) it has examined the site of the proposed Work and all information available to Prequalified Proposers; d) it has become familiar with all the conditions related to the proposed Work, including the availability of labor, materials, and equipment; e) that all information and submittals provided as part of the prequalification process are accurate and correct. Proposer hereby offers to furnish all labor, materials, equipment, tools, transportation, and services necessary to complete the proposed Work on this Project in accordance with the Contract Documents for the sums quoted. Proposer further agrees that it will not withdraw its Proposal within 45 days after the Proposal Deadline, and that, if it is selected as the apparent "best value" responsive and responsible Proposer, that it will, within 10 days after receipt of notice of selection, sign and deliver to City the Agreement in triplicate and furnish to City all items required by the Proposal Documents. If awarded the Contract, Proposer agrees to complete the proposed Work within the number of days specified in the Agreement. 2.0 ADDENDA Proposer acknowledges that it is Proposer's responsibility to ascertain whether any Addenda have been issued and if so, to obtain copies of such Addenda from City's facility at the appropriate address stated on Page 1 of this Price Proposal Form. Proposer therefore agrees to be bound by all Addenda that have been issued for this Proposal. 3. 0 The Total Project Cost shall include all costs to complete the Work and shall include all allowances and any involuntary changes that impacts the Total Project Cost. The Total Project Cost shall NOT include any voluntary Project Enhancements/Innovations/Energy Efficiency Voluntary Alternatives submitted in the Proposal or any Alternatives defined herein. 4.0 Breakdown of cost proposal: 4.1 Demolition of existing roof/HVAC/Curbs $ 31 034 4.2 Costs for new PVC roof and insulation $ 137 980 4.3 Costs for new HVAC Equipment $ 150 243 4.4 Costs for exterior caulking replacement $ 17 873 4.5 Costs for lens replacements-skylights $ 2 983 4.6 Design costs $ 32540 4.7 Overhead costs $ 61,229.32 4.8 Profit $ 16,665.72 4.9 Total Cost (copy this total into Section 5.0) $ 450548.04 6-18-2014 Page 2 of4 Pricing Proposal Form ~ <<:;CARLSBAD CAtii·ORN!A 5.0 PRICING PROPOSAL PRICING PROPOSAL Exhibit D Las Palmas Renovations Project No 4207. TOTAL PROJECT COST = $XX,XXX,XXX S I l,l41slol,lsl41sl* (Place figures in appropriate boxes.) Addition of items 4.1 -4.8 above. 6.0 ALTERNATIVES Provide all design, engineering, coordination, labor, materials, equipment, accessories, and Design Build Entity and subcontractor overhead, mark-up, and profit required for the following Alternates. Indicate by marking only one of the three boxes ("Add", "Deduct", or "No Change") and state the amount by placing figures in the corresponding boxes. Check the "No Change" box when there is no change in the Pricing Proposal. Failure to quote an amount or check "No Change" or the insertion of any words that qualify the Price Proposal will result in the Proposal being rejected as nonresponsive. No extension of time will be granted if the Alternate is accepted. Alternate No. 1 - Modified Bitumen roof instead of PVC Alternate No. 2 - Alternative coating or pvc layer over existing roof, no demolition required. Provide a minimum 10 year warranty 6-18-2014 I <tlMa> ~Deduct (Place figures in appropriate boxes.) 0 No Change City reserves the right to accept this alternate concurrent with the Notice to Proceed for Phase 1. $ D ,_ I 6 14 I I 1 lo I 9 I OAdd ' ' ~ (Place figures in appropriate boxes.) 0 No Change City reserves the right to accept this alternate concurrent with the Notice to Proceed for Phase 1. Page 3 of4 Pricing Proposal Form CAlifORNIA Alternate No. 3 - Any combination of Voluntary and Involuntary Design Changes provided in Exhibit F that the City accepts. * Other additives in Exhibit F to be added at City's discretion. 6-18-2014 $ D I I I 8 I I 5 I 1 ' -' (Place figures in appropriate boxes.) I 2 Exhibit D Las Pa/mas Renovations Project No 4207. I DAdd ~ 0 No Change City reserves the right to accept this alternate concurrent with the Notice to Proceed for Phase 1. Page 4 of4 Pricing Proposal Form DATE 7/9/2014 COMPANY BASELINE FEE Prava $ 377,927.00 Allgire $ 391,543.00 FIRM QUALS (88) 187 175 62 58 TEAM QUALS (64) 156 118 52 39 APPROACH (60) 157 147 52 49 POINTS LITIGATION (20) 60 60 20 20 PRICE (125) 375 364 125 121 TOTAL (357) 935.00 864.19 312 288 AVERAGE 311.67 288.06