Declaration

Cal. Super. - 3rd Dist.September 14, 2018

h o 10 11 12 13 14 Lo 16 17 18 19 20 21 22 23 24 “0 26 21 28 Mark A. Serlin, CSBN: 122155 SERLIN & WHITEFORD, LLP 701 E Street Sacramento, CA 95814 Telephone: (916) 446-0790 surenitn IL E Dawa Facsimile: (916) 446-0791 COUNTY OF PLACER Email: ms@swllplaw.com DEC 28 2018 Attorneys for Plaintiff JAKE CHATTERS JD2, INC. EXECUTIVE OF; & CLERK By: E. soe t as SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF PLACER JD2, INC., ) CASE NO. MCV0071316 ) Limited Civil Plaintiff, ) ) vs. ) DECLARATION OF TODD DUKE IN ) SUPPORT OF APPLICATION FOR H2L1-CSC, JV, H2L1 ENGINEERING, ) COURT JUDGMENT FOLLOWING INC., COLEMAN SPOHN ) DEFAULT (CCP § 585(d)) CORPORATION, and DOES | through 10, ) inclusive, ) ) Defendants. ) ) I, Todd Duke, declare: 1. I am over the age of 18 and am the Chief Financial Officer of plaintiff JD2, Inc. (“JD2”) in the above-captioned matter. I make this declaration based on personal knowledge, and if called as a witness to testify as to matters stated herein, I would be willing and competent to do so. 2. In the course of my duties for JD2, I monitor and handle all financial aspects of contracts of JD2. In the course of my job, I am required to and actually do handle JD2’s books and records relating to contracts, including original documents such as business agreements, promissory notes, security documents, and the like. All such documents are kept in the normal course of JD2’s business according to governmental and internal requirements and I am DUKE DECLARATION IN SUPPORT OF APPLICATION 1 JD2, Inc. v. H2L1-CSC,JV, et al. FOR COURT JUDGMENT FOLLOWING DEFAULT Case No. MCV0071316 15 16 17 18 19 20 21 22 23 24 25 26 27 28 thoroughly familiar with such procedures. All of the documents attached hereto are true copies of the originals copied by me or under my supervision. 3. JD2’s books and records, which consist of voluminous documents, reflect that in or about October 2016, in Placer County, California, JD2 and defendant H2L1-CSC, JV (“Debtor”) entered into a written subcontract (“Contract”) for the provision of labor, services, materials, and supplies for a project located in California. A true and correct copy of the Contract is attached hereto as Exhibit A. 4. Pursuant to the Contract, JD2 furnished the labor, services, materials, and supplies to the California project. 5. JD2 has performed all conditions, covenants, and promises required of it under the Contract. Debtor breached the Contract with JD2 by failing and refusing to pay JD2 in full the agreed amount due under the Contract. A true and correct copy of a payment history/accounting summary which I prepared based on JD2’s voluminous books and records together with related billing statements sent to Debtor is attached hereto as Exhibit B. 6. Despite JD2’s demand therefor, the outstanding balance due under the Contract has not been paid, and the sum of $14,165.00 plus interest thereon is still due and owing thereon from Debtor to JD2._ Defendants H2L1 Engineering, Inc. and Coleman Spohn Corporation, as joint venture partners of Debtor, are jointly and severally liable with Debtor for all amounts due under the Contract. 7. The Contract provides, inter alia, that if Debtor defaults thereon, JD2 shall also be entitled to recover its attorneys’ fees and costs in addition to other damages. Pursuant to California Civil Code § 1717, by reason of Debtor’s breach of the Contract, JD2 is entitled to recover its attorneys’ fees and costs to enforce the Contract. I declare under the penalty of perjury that the foregoing is true and correct and that this declaration was executed at Auburn, California on December ad , 2018. OW Bl TODD DUKE DUKE DECLARATION IN SUPPORT OF APPLICATION 2 JD2, Inc. v. H2L1-CSC,JV, et al. FOR COURT JUDGMENT FOLLOWING DEFAULT Case No. MCV0071316 Subcontract/PO No. 7134 ob Numb H2L1-CSC, JV mth oa Tax Exempt? X Yes [] No SUBCONTRACT AGREEMENT H2L1-CSC, JV AND JD2, INCORPORATED 450 Nevada Street, Auburn, CA 95603 (Subcontractor’s Address Above} THIS AGREEMENT made on the 14 day of October 2016 by and between H2L1-CSC, JV hereinafter called the Contractor, and JD2, INCORPORATED hereinafter called the Subcontractor. WITNESSET {, that the Subcontractor and Contractor for the consideration hereinafter named, agree as follows: Article 1 THE CONTRACT DOCUMENTS ‘Fe Subcontractor agrees to furnish all material and perform all work described in Article 2 hereof for F iehh J install S 1 Steel and i at Desion&R Building 206, Dining Hall Ft. Hunter Liggett, CA (Project Name & Address) For US Army Engineer District, Louisville . (Owner's Name) (Owner's Address) In .ccord®ice with the General, SupPlemenmey and other Conditions, ee ee all Addenda Pecpored - US Army Corp, dated ¢ 5 issued prior to and all Modifications issued after execution of the Agreement, hereinafter referred to as the Principal Contract Documents between the Owner and Contractor. These documents are as fully a part of this Subcontract as if attached to this Agreement or repeated herein. Article 2 THE WORK THIS PROJECT REQUIRES: (1) COPIES OF CERTIFIED PAYROLL REPORTS DUE WEEKLY Furnish labor and material per plans, spec for W912QR-14-D-0012-0003, requirements and schedule. The checklist and scope of work is attached. Article 3 THE CONTRACT SUM, MANNER OR PAYMENT The Contractor agrees to pay Subcontract f or the performance by the Subcontractor of Subcontractor’s agreement here under and for the work to be done and the materials to be furnished by Subcontractor hereunder the sum of / ‘Two hundred and Seven Thousand Five Hundred and Five Dollars ($207,505.00 A.S/V.R. in current funds, subject to additions and deductions for changes as may be in writing agreed upon by Contractor and Subcontractor. Subcontractor shall submit to the Contractor at the office of the contractor no more frequently than monthly Applications for progress payments in triplicate. Applications delivered after the 20th day of the month will not be included in the Contractor's monthly estimate. Contractor shall not be obligated to pay Subcontractor either a progress payment or final payment until after Contractor receives payment from the Owner. There shall be retention of Q percent on all applications for payment. The amount of each progress payment to the Subcontractor shall be equal to the percentage of completion allowed to the Contractor for work of the Subcontractor applied to the Contract Sum of this Subcontract plus the amount allowed for materials and equipment suitably stored by the Subcontractor less the aggregate of previous payments to the Subcontractor and less the percentage retained as provided in this Subcontract. Contractor shall not be obligated to pay interest charges for any payments that may be due under this Subcontract. Asticle 4 + $2,000 MeNe-InsS ° oe * + , incomed = $204,505 Ww af EXHIBIT A AVAILABILITY OF CONTRACT DOCUMENTS AND RESPONSIBILITY OF SUBCONTRACTOR (a) All of documents comprising the Principal Contract are on file in the Contractor's Office and the Subcontractor acknowledges that he has carefully examined them and understands them fully and completely. This Subcontract is to be performed in all respects in accordance with and subject to the provisions and conditions of the said Principal Contract Documents as hereinbefore defined, to the full extent that every part thereof is applicable to the work to be performed herein. The Subcontractor expressly agrees that whenever the Principal Contract requires the performance of any act or thing by the Contractor, or imposes any obligation on the Contractor in connection with the performance or completion of any work herein required to be performed by the Subcontractor, such obligation of the Contractor is hereby also assumed by the Subcontractor who also agrees to perform the same to the full extent as the same may be required by the Principal Contract. () The Subcontractor agrees further that the Owner and the Contractor shall have the same rights and remedies as against the Subcontractor in respect of all matter in said Principal Contract referred to, as the Owner has against the Contractor with the same force and effect as though every such obligation, responsibility, ight or remedy were set forth in full. Article 5 FAMILIARITY WITH SITE CONDITIONS, WORK OF OTHERS (a) The Subcontractor acknowledges that he has visited the site, and is familiar with all of the existing conditions that may affect his work. Before proceeding with the work under this Subcontract, the Subcontractor is to check the correctness of contiguous work installed by others and failure on his part to detect and report discrepancies in writing will relieve the Contractor of any and all claims to recover cost, expense or damage resulting therefrom. The Subcontractor shall lay out his own work unless stated otherwise herein and be responsible for the accuracy of same. The Subcontractor shall conform his own work to the work performed by others, so that the work of all shall be coordinated. In the event of the failure for any reason of the Subcontractor and such other persons, to agree as to the extent of such cooperation or as to the extent of the work to be done by any or either, to insure the proper consummation of items of contiguous work or to insure the carrying out of their respective agreements, such disagreement shall be determined by the Contractor whose decision shall be final and binding. Subcontractor shall perform all work normally construed to come within the scope of its activities and/or area of practice. (b) Subcontractor shall cooperate with the Contractor in scheduling his work so as not to conflict or interfere with the work of others and to promptly submit shop drawings, drawings and samples, as required in order to perform said work efficiently and at a speed that will not cause delay in the progress of the Contractor's work or the work of others. Article 6 TIME OF ESSENCE Time is of the essence of Subcontractor's performance and he shall commence work promptly following Contractor's orders to do so and shall so conduct the same as not to delay or interfere with Contractor in any of its operations and shall proceed in such order and sequence as Contractor may direct and so as to enable Contractor to complete his work within the time specified in the Principal Contract or as the same may be extended but Contractor does not assure Subcontractor that Subcontractor will be able to commence, prosecute or complete his work at the time stated in the progress schedule or that the entire work called for by the Principal Contract shall be completed at such times, it being Subcontractor's obligation to coordinate his work with the work of Contractor and other subcontractors. The Subcontractor shall complete his work within the shortest possible time consistent with good workmanship. Should Subcontractor be delayed in the completion of said work by the act or default of the Owner or of the Architect, if there by any, or of the Contractor or any person employed by the Contractor upon the work, or by any damage caused by fire or by combined action of the workmen in no way caused by or resulting from default or collusion on the part of the Subcontractor, then the time herein fixed for the completion of the work shall be extended for a period equivalent to the lost by reason of any of the causes aforesaid; but no allowance shall be made unless a claim therefore is presented in weiting to the contractor within forty- eight (48) hours of occurrence of such delay. The Subcontractor must keep informed of the conditions at the premises or buildings where the work is to be performed so as not to delay the delivery of materials, or installation of the work called for in this contract, or any other work to be done by the contractor therein. Should the Subcontractor fail to complete the installation of the work called for in this contract, or any other work to be done by the contractor therein. Should the Subcontractor fail to complete the work by the dated designated by the Contractor or the Principal Contract Documents, of if the Subcontractor shall delay the progress of the work except for the reasons above provided so as to cause any loss for which the Contractor may become liable then the Subcontractor shall reimburse the Contractor for any loss resulting from any such delay. The Contractor shall not be liable to the Subcontractor for any damages nor for extra compensation caused by any delay in the progress of the work, further, the obligations of the Subcontractor shall not be released or affected except as such delay may entitle the Subcontractor to an extension of time for performance as herein provided. Jb @) (b) © (d) ©) Article 7 LAWS, PERMITS, FEES AND NOTICES The Subcontractor shall give all notices and comply with all laws, ordinances, rules, regulations and order of any public authority bearing on the performance of the Work under this Subcontract. The Subcontractor shall secure and pay for all permits and governmental fees, license and inspections necessary for the proper execution and completion of the Subcontractor's Work, the furnishing of which is required of the Contractor by the Principal Contract Documents. The Subcontractor shall comply with Federal, State and Local tax laws, social security acts, unemployment compensation acts and workers’ or workmen's compensation acts insofar as applicable to the performance of the Subcontract. The Subcontractor shall take all reasonable safety precautions with respect to his Work, shall comply with all safety measures initiated by the Contractor and with all applicable laws, ordinances, rules regulations and orders of any public authority for the safety of persons or property in accordance with the requirements of the Principal Contract Documents. The Subcontractor shall report within three days to the Contractor any injury to any of the Subcontractors employees at the job site. The Subcontractor shall comply with all applicable nondiscrimination laws, ordinances, rules, regulations and orders of any public authority and further agrees to utilize minority manpower required by the Principal Contract Documents and/or Local Hometown Plans. Failure to comply with this provision will cause payments to be withheld. Necessary reports shall be filed in accordance with specifications. Specific attention shall be paid to Executive Orders 11246 and 11375 and Governor's Executive Order including Appendix A (regarding: State Construction Contracts) and Appendix B (regarding: State Assisted Construction Contract.) Subcontractor shall advise Contractor in writing of any question regarding the interpretation of the Contract Documents. Contractor will furnish additional information as may be necessary and/or available. Article 8 ROYALTIES, PATENTS, INFRINGEMENT The Subcontractor agrees to pay all royalties and license fees and to indemnify and hold harmless the Contractor and the Owner from loss or damage or expense to which they may be put as a result of claims made or litigation on account of alleged violations of infringement or any patent or patent rights arising out of the work, methods, materials or things used by the Subcontractor. Article 9 INDEMNIFICATION (a) Notwithstanding the requirements for insurance to be effected by Subcontractor under the Subcontract, (b) Subcontractor agrees in connection with its work hereunder to maintain and protect all utilities, to protect it work adequately and properly by lights, barriers, supports and guards and to conduct and carry on its work in such manner as to avoid injury or damages to persons or property including its own work and the work of Contractors and other Subcontractors, and be strictly responsible for damages to persons or property by failure to do so. Subcontractor assumes the entire responsibility and liability for and agrees to indemnify and hold Contractor, the Owner and all of their agents and employees harmless from any and all claims, damages or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons whether employees of Subcontractor or otherwise, and to all property (including loss of use thereof) caused by, resulting from, arising out of or occurring in connection with the execution of its work hereunder and all damage, direct or indirect, or whatsoever nature resulting from the performance of its work hereunder or resulting to the work hereunder from whatever cause shall be borne by subcontractor and all work hereunder shall be solely at its risk. If any person shall make claim for any damage or injury (including death resulting therefrom) as herein-above described, whether such claim be based upon Contractor's or Owner's alleged active or passive negligence or participating in the wrong or upon any alleged breach of any statutory duty, administrative regulation (whether non-delegable or otherwise) or obligation on the part of Contractor or the Owner, or otherwise, Subcontractor agrees in indemnify and save harmless Contractor and the Owner from and against such claims and all loss, expense, and damage or injury that Contractor or the Owner may sustain as a result of such claim. Subcontractor agrees to assume on behalf of Contractor and the Owner the defense through counsel of any action at law or equity which may be brought against Contractor or the Owner upon such claim and to pay on behalf of Contractor and the owner upon Contractor's demand the amount of any judgment which may be entered against Contractor and the Owner in any such action. The obligation under this paragraph shall be continuing and shall not be diminished by any approval or acceptance of or payment for work by Contractor. If any and all claims against the Contractor or the Owner or any of their agents or employees by any employee of the Subcontractor, anyone directly or indirectly employed by him or anyone for whose acts he may be liable, the indemnification obligation under Subcontract shall not be limited in any way be any limitations on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers' or workmen's compensation acts, disability acts or other employee benefit acts. If at any time claims shall be made against Contractor or the Owner against which Subcontractor has so indemnified them, then Contractor may withhold from any payment otherwise due to Subcontractor an amount sufficient in Contractor's discretion to protect Contractor and the Owner against the cost of such claims and any cost involved in connection therewith until the cause for withholding is removed by Subcontractor and evidence to that effect satisfactory to Contractor is furnished to Contractor. Article 10 INSURANCE Prior to commencement of any operations by or on behalf of Subcontractors hereunder and with respect to all such operations. Subcontractor shall, at its expense, procure, carry and maintain in force insurance on all of its operations as follows: (a) Worker's Compensation and Employer's Liability Insurance as required by any applicable law, regulation or statue, with companies acceptable to Owner and Contractor, and with coverage for injuries or claims subject to the U.S. Longshoremen's and Harbor Workers’ Act, the Jones Act, and any laws, regulation or statutes with respect to Maritime Employees, if applicable. The Employer's Liability Insurance shall be in an amount not less than One Million Dollars ($1,000,000) per accident, $1,000,000 Each Employee (Disease) and $1,000,000 policy limit (Disease). (b) Insurance for liability because of Personal Injury. Bodily Injury and Property Damage sustained or alleged to have been sustained by any person. The insurance shall cover all operations of Subcontractor including, but not limited to the following: (1) Premises, Operations, and Mobile Equipment Liability (2) Completed Operations and Products Liability (3) Contractual Liability insuring the obligations assumed by Subcontractor in this agreement. (4) Liability which Subcontractor may incur as a result of the operations, acts or omissions of his Subcontractors, suppliers or materialmen and their agents or employees (6) Explosion, Collapse, and Underground (6) Broad Form Property Damage, including Completed Operations (7) Owner & Contractor and their agents and employees are added as additional insured (8) Contractual Exclusion deleted from Personal Injury Coverage (9) Incidental Malpractice, not limited to the job site, applies (10) Fellow-employee Coverage (11) Extended Bodily Injury Coverage (12) Automobile Liability including owned, non-owned, and hired automobiles. Except with respect to bodily injury and property damage included within the products and completed operations hazards, the Aggregate Limit, where applicable, shall apply separately to Subcontractor’s work under this Subcontract. (©) One of the following coverage forms is required: (1) Comprehensive General Liability (2) Commercial General Liability (Occurrence) (3) Commercial General Liability (Claims Made) (d) If Subcontractor carries a Comprehensive General Liability Policy: (1) The limits of liability shall not be less than a Combined Single Limit for Bodily Injury, Property Damage and Personal Injury Liability of: $3,000,000 each occurrence $3,000,000 aggregate (e) If Subcontractor carries a Commercial General Liability (Occurrence) Policy: (1) The limits of Liability shall not be less than: $3,000,000 each occurrence (combined single limit for bodily injury and property damage) $3,000,000 for Personal Injury Liability $3,000,000 Aggregate for Products - Completed Operations $3,000,000 General Aggregate (2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately to this Project (see Sub-paragraph (b) above, or if Defense Costs are included in the General Aggregate Limit, then the required General Aggregate Limit is $5,000,000. () If Subcontractor carries a Commercial General Liabikty (Claims Made) Policy: (1) The limits of liability shall not be less than: $3,000,000 each occurrence (combined single limit for bodily injury and property damage) $3,000,000 for Personal Injury Liability $3,000,000 Aggregate for Products - Completed Operations $3,000,000 General Aggregate (h) 0) (&) ® (m) (1) (2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately to this Project (see Sub-paragraph (b) above, or if Defense Cost are included in the General Aggregate Limit, then the required General Aggregate Limit is $5,000,000. (3) Subcontractor shall carry the required Commercial General Liability Insurance for four years following completion of Subcontractor's work under this Subcontract and Subcontractor shall furnish certificates of Insurance to Contractor at the inception of each of these subsequent policies for four years as evidence of this required insurance. (4) All Certificates of Insurance shall disclose that the policy is a Claims Made form and shall shown the applicable Retroactive Date. (5) If the Retroactive Date is later than the date of this Subcontract and Subcontractor was previously insured under a Commercial General Liability Insurance (Claims Made) policy during any portion of the period between the date of this Subcontract and the Retroactive Date of Subcontractor's current claims Made Commercial General Liability Insurance policy, Subcontractor shall furnish a Certificate of Insurance showing that Subcontractor has purchased the Extended Reporting Period or Supplemental Tail Endorsement under the Previous policy extending the period for an unlimited time during which a claim may first be made. With respect to whichever general liability policy form furnished under subparagraphs (d)(e) or (f) above. Contractor, its officers, director, and employees and Owner shall be named as Additional Insureds. The policy shall stipulate that the insurance afforded the Additional Insureds shall apply as primary insurance and that any other insurance carried by Contractor, its officers, directors and employees or Owner will be excess only and will not contribute with this insurance. Automobile Liability Insurance (Bodily Injury and Property Damage Liability) including coverage for all owned, hired and non-owned automobiles. The limits of liability shall not be less than $3,000,000 Combined Single Limit for each accident. If Subcontractors General Liability insurance is provided by a Commercial General Liability Policy(either Occurrence or Claims Made) then Subcontractor's Automobile Liability insurance policy shall include coverage for Automobile Contractual Liability. Certificates of Insurance shall be furnished by Subcontractor to contractor before any work is commenced hereunder by Subcontractor. The Certificate of Insurance shall provide that there will be no cancellation, reduction or modification of coverage without thirty (30) days prior written notice to Contractor. If Subcontractor does not comply with this section, Contractor may, at its option, provide insurance coverage to protect Owner and Contractor and charge Subcontractor for the cost of that insurance. The required insurance shall be subject to the approval of Contractor, but any acceptance of insurance certificates by contractor shall not limit or relieve Subcontract of the duties and responsibilities assumed by it under this Subcontract. The cancellation provisions of the certificate are to be amended as follows: (1) Delete the words "endeavor to" (2) Delete the words "but failure to mail such notice shall imposed no obligation or liability of any kind upon the company, its agents or representatives." If higher limits or other forms of insurance are required in the General Contract or by Owner, Subcontractor will comply with such requirements Contractor and Subcontractor waive all rights against each other and against all other subcontractors and Owner for loss or damage to the extent covered by Builder's Risk or any other property or equipment insurance applicable to the work, except such rights as they may have to the proceeds of such insurance. If the policies of insurance referred to in this Section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent. The requirement for carrying insurance hereunder is cumulative and shall not be in derogation of other provisions of this Subcontract. All insurance coverage applicable to the work, must be provided by companies which have, per the most recently published A.M. Best Guide, a rating of at least an A - XI. All limits of liability requirements may be met with primary policies or primary and umbrella/excess policies Article 11 SUBCONTRACTOR GUARANTEE Subcontractor shall be under the same obligation to Contractor to maintain the work performed by it as Contractor is obligated to the Owner under the Principal Contract Documents to maintain such work and Subcontractor shall perform such maintenance work at is own cost and expense. Subcontractor shall also be fully responsible for (1) any defective or improper work or material, (2) any damages caused thereby, (3) the repair or replacement of such work, materials, or damages, which repair or replacement shall be satisfactory to the owner and contractor, and (4) any monies retained during guarantee period or extension of guaranty period. The guarantee period shall be the period of time provided for the Principal Contract Documents or a period of not less than one (1) year from the date of acceptance of the Work by the Owner and/or Architect, whichever is greater. No payment made under this Subcontract shall be evidence of the performance of this Subcontract, either wholly or in part, and no payment including final payment shall be construed to be an acceptance of defective work or improper materials, or the performance of this Subcontract, nor shall entrance and use by the Owner constitute acceptance of the work hereunder or any part thereof. Article 12 SAFETY PRECAUTIONS Subcontractor shall take necessary precaution to properly protect the finished work of other trades from damage caused by his operation. Article 13 CLEANING Subcontractor shall daily clean and daily remove from the job site and premises any dirt and debris caused by the performance of the work included in this Subcontract and unless otherwise expressly provided herein upon completion of the work shall clean, wash, remove protective coatings, etc., and shall leave the work in a clean and acceptable condition. Should Subcontractor fail to perform such cleanup or fail to accomplish any corrective work required by Contractor to Subcontractor's work to the satisfaction of the Contractor, Contractor shall provide such cleanup services and such corrective work on behalf of Subcontractor and Subcontractor will be back-charges for such costs incurred. Article 14 NON-ASSIGNMENT The Subcontractor shall have no right to assign or subcontract this Subcontract or any interest therein or of any money due or to become due by reason of the terms hereof without the prior written consent of the Contractor. Any such assignment or subcontract without the prior written consent of the Contractor shall be absolutely void. Article 15 - EXECUTION AND PROGRESS OF WORK (a) Subcontractor agrees that the Contractor's equipment will be available to the Subcontractor only at the Contractor's discretion and on mutually satisfactory terms. (b) Subcontractor shall cooperate with the Contractor and other Subcontractors whose work might interfere with the Subcontractor's work and shall participate in the preparation of coordinated drawings in areas of congestion as required by the Contract Documents, specifically noting advising the Contractor in writing of any such interference. © All equipment, tools and materials delivered to the job site shall be the sole responsibility of the Subcontractor and shall be handled and properly stored until ready for installation at Subcontractor's risk and expense. (d) The Subcontractor shall have a competent representative in charge of the work to whom the Contractor may confer or to whom directions may be given. This representative is to be on the site at all times during the progress of the work. (e) The Subcontractor shall be responsible for the loading and unloading of its equipment and/or materials at the project site, and any costs required to be expended in connection therewith by the Contractor shall be back- charged to the Subcontractor. (f) Subcontractor agrees to take down and remove all work material condemned as not conforming to the plans and/or specifications, within 24 hours after written notice by the Contractor. Replacement of same with proper and satisfactory work and materials and repair of all work damaged or destroyed as a result of unsound, defective, improper or nonconforming work or material shall be at Subcontractor's expense. (f) All of the work to be performed under this contract shall be performed under the direction of the Architect, Consulting Engineer, General Contractor or any successor thereto, or the contractor herein, and the decision of such parties as to the true construction of the meaning of the plans, drawing and/or specifications shall be binding upon the said Subcontractor. Asticle 16 WAIVER OF LIEN Subcontractor agrees to pay for all materials, equipment, labor and instrumentalities used in or in connection with the performance of this Subcontract when and as bills or claims therefore become due and to save harmless and indemnify and protect the premises, contractor and the Owner from and against any claims and mechanics liens on account thereof, and Contractor may retain monies for such indemnification. Article 17 DEFAULT BY SUBCONTRACTOR Should Subcontractor at any time refuse or neglect to supply a sufficiency of skilled workmen of material of the proper quality or quantity, or fail in any respect to perform the work with promptness and diligence, or cause by any action or omission the stoppage or delay of or interference with the work of Contractor or of any other Subcontractors on project, or fail in the performance of any of the agreements contained herein, or otherwise stop the work or evidence financial incompetence, after three (3) days written notice to Subcontractor, mailed or delivered to the last known address of the latter, Contractor shall be at liberty to provide through itself or through others, any such labor or material necessary to perform the work until in the sole judgment of the Contractor the deficiencies of the Subcontractor under this Subcontract, and the Contractor shall also be at liberty to terminate the employment of the Subcontractor for the said work and to enter on the premises and take possession, for the purpose of completing the work included in this Subcontract, of all materials, tools and appliances thereon, and to employ any other person or persons to finish the work, and to provide materials therefore. In case of such termination of the employment of Subcontractor, Subcontractor shall not be entitled to receive any further payment under this Subcontract until the work shall be wholly finished, at which time, if the unpaid balance of the amount to be paid under this Subcontract shall exceed the expense incurred by Contractor including an overhead fee of ten percent (10%) of its costs in finishing the work, such excess shall be paid by Contractor to Subcontractor, but if such expense shall exceed such unpaid balance, the Subcontractor shall pay the difference to Contractor. The expense incurred by Contractor shall include in addition to the items specified above, any damage, excess costs to other Subcontractors and materialmen, legal fees and court costs incurred through the default of Subcontractor. If the materials herein called for are not delivered promptly, thereby causing or threatening to cause delay in the general progress of the work, the Contractor shall have the right to investigate the cause of said delay and expedite deliveries, and all expense thus incurred by Contractor shall be charged to the Subcontractor. Article 18 BANKRUPTCY Should the Subcontractor file a petition in bankruptcy or be adjudicated a bankrupt, or should any proceedings be filed under the Bankruptcy Act, either voluntarily or involuntarily, or should Subcontractor make an assignment for the benefit of creditors, or should a Receiver of the assets of the Subcontractor be appointed, then, if such bankruptcy, insolvency, assignment or receivership shall occur during the performance of this contract and before completion thereof, this contract shall at the option of the Contractor immediately terminate and come to an end, and the Contract shall in such event have the right to retain and apply any and all monies remaining unpaid to the Subcontractor under this contract towards and the completion of this contract, the balance, if any, to be paid over to the Subcontractor, its successors or assigns, and the Subcontractor shall remain liable therefore for any default. Article 19 TERMINATION It is understood and apne that the Owner has the right to approve or disapprove the employment of this Subcontractor, and in the event that the Owner does not approve this Subcontractor, this Agreement shall become null and void. All material shall be delivered and all work shall be performed by the Subcontractor at such time as instructed by the Contractor. Any delays in performance of the items of work at the time requested by the Contractor shall constitute just cause for termination of this Subcontract. In the event of the termination of the contract between the Contractor and the Owner or General Contractor, this Agreement shall also be terminated, upon written notice of the Contractor to the Subcontractor, and the Contractor shall liable for labor and materials furnished up to the date of receipt of the written notice of termination and/or materials on order for the project, but only to the extent the Subcontractor is liable. Article 20 EXTRA WORK No additions, deductions, or changes shall be made in the work, not shall there by any charges for premium time ae upon written order of the Contractor, which order shall specify the amount of additional compensation or credit to be applied to the amount of this agreement. Article 21 WAIVER The failure of Contractor to insist in any one or more instances upon strict compliance with any of the provisions of this contractor or to exercise any options provided for herein, shall not be construed to be a waiver or relinquishment of Contractor's right to thereafter require the compliance with any such provision of this contract or a waiver of the right of the Contractor to thereafter exercise such option but such provision or option shall remain in full force and effect. Article 22 ACKNOWLEDGMENT Return a signed copy of acceptance to the terms and conditions of this subcontract. If signed copy is not received with 60 days it will constitute implied acknowledgment. Article 23 ENTIRE AGREEMENT The Subcontractor comprises the entire Agreement between the parties rene to the work covered hereby and no other agreement, representation or understanding concerning the same has been made an no oral statement, understandings or acu shall affect the terms hereof. = : = IT WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the date first above written. __ ‘yp, come oJ) he rol nae “Tadd Dike & EO Person so signing declares himself to be authorized to execute within Agreement for the Subcontractor. H2L1-CSC, JV signature are 11.08.16 Arvind Singhal, P.E. Person so signing declares himself to be authorized to execute within Agreement for the Contractor. STATEMENT AND ACKNOWLEDGMENT pence aia PAPERWORK REDUCTION ACT STATEMENT: Public reporting burden for this coliéction of information is estimated to average .05 hours per response, including the time for reviewing Instructions, searching existing deta:sources, gathering and maintaining the date needed, and completing end reviewing the collection of information. Sah! comments this burden estimate or any other aspects of this colleciion of Information, including suggestions for.reducing this burden, to U:S. General Services Administration, Reguistory Secretariat (MVCB)IC 9000-0014, Offios of Govermentwjde Acquisition Polly, 1800 F Street, NW, Washington, DC 20408. . PART | - STATEMENT OF PRIME CONTRACTOR 4 Ci ; 2. [3. SUBCONTRACT NUMBER W912QR-14-D-0012-0003 a sind October 14, 2016 4. PRIME CONTRACTOR J 5. SUBCONTRACTOR a. NAME - a NAME ” H2L1-CSC, JV JD2 Incorporated ‘0 STREET ADORESS TE. PAD 7 1775 E. 45th Street 450 Nevada Street cony id. STATE fe. uP c city a. STATE CODE Cleveland OH 103 Auburn CA |: 95603 6. The prime contract [xJdoes, [_]does n t contain the clause entitled "Contract Work Hours and Safety Standards Act - Overtime Compensation.* 7. The prime contractor states that under the contract shown In Item 1, a subcontract was awarded on the date shown in Item 2 to the subcontractor identified in item 5 by the following firm: H2L1-CSC, JV ‘b. DESCRIPTION OF WORK BY SUBCONTRACTOR Design and renovate B206, Dining Facility, Fort Hunter Liggett, CA Furnish labor and material per plans, spec for W912QR-14-D-0012-0003, requirements and schedule. The checklist and scope of work is attached. 8. PROJECT &. LOCATION Design & Renovate B206, Dining Facility Fort Hunter Liggett, CA Toa. 71. BY (Signature) 12, DATE SIGNED Arvind Singhal, P.E. ngt fd 11.08.16 “Fob. TITLE OF PERSON SIGNS wed bY Program Manager " me = eect PART Ii - ACKNOWLEDGMENT OF SUBCONTRACTOR 13. The subcontractor acknowledges that the following clauses of the contract shown in item 1 are included in this subcontract: Contract Work Hours and Safety Standards Act - Overtime Compensation Construction Wage Rate Requirements (If included in prime contract see Block 6) Apprentices and Trainees Payrolls and Basic Records Compllance with Copeland Act Requirements Withholding of Funds Subcontracts (Labor Standards) Disputes Concerning Labor Standards Contract Termination - Debarment Compliance with Construction Wage Rate Requirements Certification of Eligibility and Related Regulations 14. NAME(S) OF ANY INTERMEDIATE SUBCONTRACTORS, IF ANY A , c B D “6a. NAME OF PERSON SIGNING 16. BY (Signature) 17. DATE SIGNED lodd [Duke “Thiet Tnanciol Officer daw yo/a1 he AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1413 (REV. 4/2013) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA/FAR (48 CFR) 53.222(e) JD2, Incorporated Design & Renovate B206 Dining Hall Subcontract #7134 450 Nevada Street W912QR-14-D-0012-0003 Aubum, CA 95603 Basic Description, Checklist & Scope of Work to our have If additional is needed to with the above need to within 48 hrs of of bulletin Failure to with the above will void have read & the the & bid is based on 100% the items below. read and understand H2L1. JV to all to Subcontractors understand the Free & and are enrolled and in isaT Free and the related to this needs to be & turned in to the as - understand the site material site You and can meet the to meet the You have reviewed the requirements of each phase and understand the Liquidated Damages impact applies to you, are at fault. Contract duration is 680 from NTP. are Last Planner - You to in the schedule this SOV, Govermental Restrictions in the - It is understood that are no cost between the Set and Final Coordination Set with a will be addressed with a order understand the of owner's is irrevocable waiver of other 705 pay work weeks are to be submitted in the same fashion. have reviewed and to the above and breakouts have reviewed the checklist and the a design-build project, you understand our plan to come up with best overall design, with the team's constructability costs in and have included the costs to execute this this is a Design-Build project, you are expected to work closely with the design team and other subcontractors to and exceed the intent of the contractor Davis-Bacon Determination - CA 140029 - Mod 23 dated 2014 to Proceed issued November 3, 2014 11.08.16 Attachment “EXHIBIT A” Scope Checklist Review between Linda Winters of D2 « - CSC IV 10.14.16 Quote #: 2015-281 Date: 10-14-16 update Attention: Dave Hopper From: Linda Winters Email: David.Hopper@h2l1.com Email: lwinters@jd2inc.com JD2 Incorporated H2L1-CVC, JV 450 Nevada Street Auburn, CA 95603 Phone: 626-321-5412 Phone: 530-889-2979 Fax: Fax: 530-889-5671 Project: Dining Facility Renovation Total Pages: 4 Location: Fort Hunter Liggett, CA We are pleased to quote as follows, subject to qualifications & terms attached: Furnish & Install: Structural Stee! - (Specification Section: 05 12 00) > Columns > Wide flange beams > Price based on standard mfg. primer Miscellaneous Metais - (Specification Section: ) > Crossover ladder 10/A4.08 Open Web Steel Joists - (Specification Section: 05 21 00) > 15 Shortspan open web steel joists > Standard bridging per SJI > Price based on standard mfg. primer Metal Deck - (Specification Section: 05 30 00) Approximately 25 squares of Verco PLB 20 gage* G90 galvanized roof deck. Approximately 67 squares of Verco Deep Vercor 20 gage* G90 galvanized roof deck. Approximately 26 squares of Verco Shallow Vercor corrugated 22 gage G90 galvanized roof deck at overbuild. Approx. 5 squares of Verco Shallow Vercor corrugated 22 gage G90 galvanized roof deck at canopies (FOB jobsite to stud framer). Note: Does not include primer or epoxy coating as noted In spec section 05 30 00, 2.1.1. Note: *Assumed 20 gage deck. Gage is not specified. Note: Price is based on using Verco or ASC B deck in lieu of Vulcraft deck as specified in plans. Verco and ASC are industry standard suppliers in this region. Vulcraft deck will be considerably higher and not as readily available on the west coast. Furnigh Only F.0.8. Jobsite: > Anchor Bolts with (1) 14 Gage Template for Pattern Type. > Anchor Bolts / ledger angle 1/S4.01. V V V V V V V California Contractor's License - 674925 Page 1 of 4 A or in nn nn as : en ba on te > > Embeds 5,6/S4.01. Counter support angles 5/A2.08. 14 ea. Sales tax included on materia! only. Total Lump Sum: § 218,000 Deduct: 4 ea. W8x31 columns $3.01 6 ea. W8x31 beams $3.01 Deduct from base bid: ($ 10,495) Add: Furnish 8 ea. bollards FOB jobsite: $ 1,530 Sheets: $1.01 thru $4.02 3-2-15 Dated: By: US Army Corps of Engineers Addendums: Estimated Shipment: 2™ quarter 2016 Terms: _See following. Proposed By: Accepted By: Name/Title: _Linda Winters / Estimator Name/Title: Email: _lwinters@id2inc.com Email: Date: 12-14-15 Date: Exciusi B W E N O W P S W N e t N E O Cutting and reinforcing of openings shown on A, M, E, & P drawings. Performing any kind of field measurements or verification of field dimensions. Any miscellaneous metals induding but not limited to “Simpson” type connectors, light gauge stud framing, light gage stud bracing or associated clips or attachments. Safety post and cable railing. Removal of safety cable and safety posts. Deck support angles at columns. Costs of bonds, testing, inspection, or Engineers fee. Touch-up paint metal deck welds. Touch-up painting of structural connections. . Safety planking for openings. . Toe boards and Sump pans. Reinforcement of roof drains installed by others. Shoring of metai deck. . Blow off metal deck including shear stud ferrules. . Stainless stee! unless noted above. . AISC certified fabricator. . Control lines provided by others. . Costs associated with using Textura progress payments. . Qualify: 20 gage deck. Gage not specified. . Finish epoxy paint on deck or joist. See qualifications on page 1. . Work at existing building. Light gage framing 2/S4.02. California Contractor’s License - 674925 Page 2 of 4 22. Price based on adequate accessibility to and inside of jobsite. 23. Protection of existing construction. 24. Fencing A1.03. 25. Gate / bollards A1.04. 26. Standing seam roofing A4.07. 27. Stainless steel railing 10/A5.03. 28. Stud framing over existing deck 3,4/A4.06. 29. 10 gage flashing support 6/A4.08, 30. Additional move in for overbuild area at existing roof. Please confirm all work will be done as one move-in. If not, please see qualification 3.D. 31. Vulcraft deck. Price based on using ASC or Verco B deck, and corrugated deck as noted on page 1. 32. Installation of deck at 5 small canopies. Erection 1, Per JD2’s standard erection procedures, all equipment; i.e. forklifts, trucks, man lift and cranes, will have access to erect the project from the interior of the structure unless otherwise specified in this quote. All erection practices to conform to the latest edition of the AISC manual of steel construction. GC to provide all lines and grades including offset lines for the purposes of erection. GC to set leveling one (1) leveling nut for each column anchor bolt to proper elevation prior to the start of erection. We will provide diesel generated electric power for welding and shooting studs for our crews. We will be responsible for the plumbness of our materials upon completion of erection. We cannot be responsible for any movement of our portion of the work resulting from other trade activities. 7. GC to provide and maintain clear, level, firm site with backfill in place and leveled to approximate grade suitable for operation of rolling equipment; i.e., forklifts, trucks, manlifts, and cranes. 8. GC to provide access ramps to the inside of the building suitable for operating rolling equipment; i.e., forklifts, trucks, manlifts, and cranes. 9, All areas In which our erection equipment must operate are assumed to be suitably designed to support this equipment. If planking, matting, shoring, or other protection Is required, it is to be designed, furnished, installed, maintained, and removed by others. 10. Inside concrete floor slab to be in place and will not have any material protruding through the slab above the finished floor elevation. a w n o u Steel Joists 1. Open web steel joists shall be manufactured by Vulcraft, New Millenium or Valley Joist. 2. Joists to be provided with one (1) shop coat of gray oxide primer. 3. Joist calculations may be provided stamped by registered professional engineer. Calculations will typically be provided as deferred submittal subsequent to delivery to jobsite. “Approval Calcs” prior to fabrication will delay delivery of joists minimum four weeks for review and approval prior to fabrication. Shop drawings will not be stamped by a registered professional engineer. JD2 Inc. excludes joist submittal to Building Department. JD2 Inc. excludes incorporation of design requirements for sprinklers, HVAC Units, seismic tie plates and seismic braces unless required loads are specifically shown on members within the “Structural” contract drawings provided by Engineer of Record. a u s Steel Deck Metal deck will be manufactured by Verco Manufacturing Company or ASC Steel Deck. Metal deck shop drawings will not be stamped by a registered professional engineer. Surface of structural steel and embeds that received studs or deformed bars will not be painted. If painted, the paint shall be removed by others. Welding rod E60xx or E7010 shall be used per WPS and PQR’s. Exact location and clear-opening dimensions of all framed openings In the deck must be furnished prior to deck fabrication. No other trades or personnel will be allowed on the floor or roof deck until all welding is completed and inspected, at which time the JD2, Inc. foreman will advise the General Contractor. “v ie r W N R r o California Contractor's License ~ 674925 Page 3 of 4 \ 7. If decking material cannot be delivered and erected during the quarter indicated, additional costs for material and/or double handling charges may apply. STANDARD QUALIFICATIONS 1. 8.75% Callfornia State tax Is Included on material only. 2. Terms of Payment: A. Subcontract with a maximum 10% retention, reduced to 5% after substantial completion of our work. Final payment within 90 days after invoice regardiess whether payment has been received from the owner or not. B. Cc. Monthly invoices to be paid by the 20th of the month for work completed the previous month. Payment for material stored but not yet installed. 3. Quotation Based On: A. p n nm Material to ship no later than 6-30-15. If the jobsite is not ready for material to be installed, material will ship to jobsite for s orage, FOB, to be unloaded by others, and reloaded/trucked by others as necessary to relocate material to the building for hoisting. Labor to be completed no later than 6-30-15. Price good for 30 days from the date of this proposal. Job to be available to us for one continuous operation. If additional trips are required add--- $1000.00 per trip. Design drawings must be complete and final prior to detailing. Any changes may cause delays in schedules and have an impact on cost. Unless otherwise agreed upon by JD2, Inc., this scope of work and items herein shall be made an appendix to the subcontract agreement. All work to comply with California safety regulations. Any additional or more stringent safety policies by the general contractor, owner or other party may increase the quote price. JD2 Inc. is signatory to the Iron Workers Union and can not be held responsible for conflicts arising if the general contractor, owner or other party has non-union crews working on sight at the same time. JD2 will be subcontracting all field labor to Innovative Stee! Erectors (ISE). When required by written contract, JD2 Inc. agrees to name as additional insured, under our general liability insurance, those parties named in the contract. The coverage provided for the additional insured is only to the extent the additional insured is held liable for the negligence or strict liability of the named insured. No coverage is provided for liability based upon the acts, errors or omissions of the additional insured. All remaining items not specifically noted or covered in this quotation shall be based on standard qualifications and terms of latest Standard AGC Contract Agreement form. Due to the volatile nature of the steel market, we may not be able to hold our quoted price if the project is held up or delayed and we must reserve the right to add monies for the escalation of steel due to increases and/or surcharges imposed by the mill and/or fabricator. Material must be ordered not more than 30 days from quotation date. General Contractor must pay for material delivered to the yard within 30 days of receipt. Any applicable surcharge placed by the steel mill, including applicable sales tax, will be added to this quotation based on this tonnage. Notwithstanding provisions in the subcontract, master agreement or other documents incorporated by reference, nothing shall be construed as to limit, restrict or waive subcontractor payment rights and remedies provided for by the California statutes, including mechanic's lien rights, stop notices and bond claims. Commencement of steel erection. JD2 will not erect steel unless it has received written notification that the concrete in the footings, piers and walls or the mortar in the masonry pliers and walls has attained, on the basis of an appropriate ASTM standard test method of field-cured samples, elther 75 percent of the intended minimum compressive design strength or sufficient strength to support the loads imposed during steel erection per OSHA 1926.752. California Contractor's License - 674925 Page 4 of 4 JD2 INC Aging As of Date 09-11-2018 Aging Basis Accounting date Include Retainage? Yes Unpaid Only? No Age Finance Charges? No Tran Type ID 16-018 Dining Facility Add- Bidg 106 H2ENGI H2L1-CSC, JV Invoice 16018-01 Oct Cash receipt 42325 Cash receipt 42408 Cash receipt 42570 Cash receipt 42944 Invoice 16018-02 March Invoice 16018-05 -~ -_ Aging Detail by Job Y Current Over 30 Over 60 Draw _-- Date Amount Column Column Column 216-361-2911 16018-01 Oct 10-31-2016 195,340.00 16018-01 Oct 12-27-2016 130,000.00- 16018-01 Oct 02-13-2017 30,000.00- 16018-01 Oct 05-22-2017 28,555.00- 16018-01 Oct 06-25-2018 6,785.00- 2 16018-02 March 03-31-2017 ® 10568.00 p- 16018-05 05-31-2017 _d_3,697.00 Pe H2L1-CSC, JV Totals 14,165.00" .00* .00* 00° Dining Facility Add- Bldg 106 Totals 14,165.00* ,00* 00* -t-