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Home My WebLink AboutJC Baldwin Construction; 1998-11-06; 36151 I) CITY OF CARLSBAD I. 1 I I 8 I I THE SPLIT PAVILION I DEMOLITION I 8 I. I 1 San Diego County California I CONTRACT DOCUMENTS AND SPEC PROVISIONS 0 80 FOR 8 CONTRACT NO. 3615 August 13,1998 4- ts 1/08/98 Contract No. 3615 Page 1 of 6 1. 1 I I I I I I 0 1 I 1 1 I 1 I. P: NOTICE INVITING BIDS .............................................................................................................. CONTRACTOR'S PROPOSAL BID SECURITY FORM ................................................................................................................. BIDDER'S BOND TO ACCOMPANY PROPOSAL GUIDELINES FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTORS BID" AND "DESIGNATION OF OWNER OPERATOWLESSOR & AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTORS BID ............ DESIGNATION OF OWNER OPERATOWLESSOR &AMOUNT OF OWNER OPERATOWLESSOR WORK .................................................................................................... BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .................................. BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ............................ BIDDER' S STATEMENT OF RE-DEBARMENT TABLE OF CONTENTS I@ @lteJ - .................................................................................................... ...................................................................... ......................................... I .................................................... I ........................................................................ BIDDERS DISCLOSURE OF DISCIPLINE RECORD ................................................... NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID .................................................................................. CONTRACT PUBLIC WORKS LABOR AND MATERIALS BOND ............................................................................................... FAITHFUL PERFORMANCEWARRANTY BOND REPRESENTATION AND CERTIFICATION .............................................................................. ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) .................................................................. .................................................................................................... ..................................................................... SPECIAL PROVISIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1 . GENERAL PROVISIONS .............................................................. TECHNICAL SPECIFICATIONS ................................................................................................ *- I. I p,s 1/08/98 Contract No. 3615 Page 2of6: 6 I CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS I. Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbac Drive, Carlsbad, California 92008-1989, until 4:OO p.m. on the 21" day of September, ' which time they will be opened and read, for performing the work as follows: Demolition pavilion which includes, removal of reinforced concrete walls, slabs, pillars, concrete b grading and installation of new concrete walkway, removal of pipe fencing and install anodized aluminum fencing. I. 1 I 1 I I THE SPLIT PAVILION DEMOLITION CONTRACT NO. 3615 The work shall be performed in strict conformity with the specifications as approved by 3 Council of the City of Carlsbad on file with the Engineering Department. The specification5 work include the Standard Specifications for Public Works Construction (1 997 Edition, and tl supplements thereto,), all hereinafter designated "SSPWC" as issued by the Southern C Chapter of the American Public Works Association and as amended by the special pn sections of this contract. Reference is hereby made to the specifications for full particul description of the work. I The City of Carlsbad encourages the participation of minority and women-owned businesses. B The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contrz utilize recycled and recyclable materials when available, appropriate and approved by the En! The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddir a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdictic State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Pur Department. Each bid must be accompanied by security in a form and amount required by la bidder's security of the second and third next lowest responsive bidders may be withheld I Contract has been fully executed. The security submitted by all other unsuccessful bidders returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pur: the provisions of law (Public Contract Code section 10263), appropriate securities r substituted for any obligation required by this notice or for any monies withheld by the City to performance under this Contract. Section 10263 of the Public Contract Code requires mc securities to be deposited with the City or a state or federally chartered bank in Californiz escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omis the agent in connection with the handling of retentions under this section in an amount not IE $1 00,000 per contract. The documents which comprise the Bidder's proposal and that must be completed, I executed and notarized are: 1 I i 1 1 I I. e- l. 1 p,s 1/08/98 Contract No. 3615 Page 3 of 63 8 1. Contractor's Proposal 8. Certificate of Insurance 2. Bidder's Bond 9. Bidder's Statement Re Debarment 3. Non-Collusion Affidavit 10. Bidder's Disclosure of Discipline Record 4. Designation of Subcontractors and Amount 1 1. Purchasing Department Representation 5. Designation of Owner Operator/Lessors & 12. Escrow Agreement for Security Deposits (optional, must be completed if the Bidd wishes to use the Escrow Agreement fo Security ) I. of Subcontractors Bid Certification Amount of Owner OperatorILessor Work 1. I I I I 1 I. 1 I II I I I 1. 6. Bidder's Statement of Financial 7. Bidder's Statement of Technical Ability and Responsibility Experience All bids will be compared on the basis of the Engineer's Estimate. The estimated quanl approximate and serve solely as a basis for the comparison of bids. The Engineer's Esti No bid shall be accepted from a contractor who is not licensed in accordance with the prov California state law. The contractor shall state their license number, expiration d classification in the proposal, under penalty of perjury. The following classifications are ac for this contract: "A and "B in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documents the usual 10% retention from each payment, these documents must be completed and SI with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Pu Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundat: $10 per set. If plans and specifications are to be mailed, the cost for postage should be add Any prospective bidder who is in doubt as to the intended meaning of any part of the d specifications or other contract documents, or finds discrepancies in or omissions from the ( and specifications may submit to the Engineer a written request for clarification or correctil response will be made only by a written addendum duly issued by the Engineer a copy of \r( be mailed or delivered to each person receiving a set of the contract documents. No additi modification of or interpretation of any provision in the contract documents will be given c may any bidder rely on oral directions. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irreg informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the shall be those as determined by the Director of Industrial Relations pursuant to the sectioi 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a curr of applicable wage rates is on file in the Office of the City Engineer. The Contractor to ~i Contract is awarded shall not pay less than the said specified prevailing rates of wages to all employed by him or her in the execution of the Contract. $1 00,000 ' 0 4% I. 1 a@ 1/08/98 Contract No. 3615 Page 4of6: I I I I I I I 1 I I ID I I I The Prime Contractor shall be responsible for insuring compliance with provisions of sectior of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublett Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officei purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall the Contract for work. A pre-bid meeting and tour of the project site will be held at 1O:OO a.m. on Th September IO, 1998, at the job site on Carlsbad Boulevard and Pine Avenue. All bids are to be computed on the basis of the given estimated quantities of work, as indi this proposal, times the unit price as submitted by the bidder. In case of a discrepancy I words and figures, the words shall prevail. In case of an error in the extension of a unit p corrected extension shall be calculated and the bids will be computed as indicated abc compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and written in with ink and must be initialed in ink by a person authorized to sign for the Contract Bidders are advised to verify the issuance of all addenda and receipt thereof one day bidding. Submission of bids without acknowledgment of addenda may be cause of rejection Bonds to secure faithful performance and warranty of the work and payment of laboi materials suppliers, in an amount equal to one hundred percent (100%) and fifty percer respectively, of the Contract price will be required for work on this project. These bonds kept in full force and effect during the course of this project, and shall extend in full force a and be retained by the City until they are released as stated in the Special Provisions sectic contract. All bonds are to be placed with a surety insurance carrier admitted and authc transact the business of insurance in California and whose assets exceed their liabilitii amount equal to or in excess of the amount of the bond. The bonds are to contain the documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the ir commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual state1 quarterly statement filed with the Department of Insurance pursuant to Article 10 (commen section 900) of Chapter I of Part 2 of Division 1 of the Insurance Code, within 10 calenda the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Kt Guide of at least A-:V, and (2) are admitted and authorized to transact the business of ins the State of California by the Insurance Commissioner. Auto policies offered to I specification of this contract must: (1) meet the conditions stated above for all insurance c( and (2) cover any vehicle used in the performance of the contract, used onsite or offsite owned, non-owned or hired, and whether scheduled or nonscheduled. The auto i certificate must state the coverage is for "any auto" and cannot be limited in any manner. I. 0 10 I 0 4w I. I p,s 1/08/98 Contract No. 3615 Page 5of6 1 I D I 1 I 0 u 1. i I I I 1 I 1. Workers' compensation insurance required under this contract must be offered by a c meeting the above standards with the exception that the Best's rating condition is waived. does accept policies issued by the State Compensation Fund meeting the requirement fori compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any ac cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submii required bonds and insurance, as described in the contract, within twenty days of bid openir Contractor fails to comply with these requirements, the City may award the contract to the sz third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No 98-271, adopted on the 4"' day of August, 1998. 1. 0 1 I p7 N / Pd . il&p- Date / Aletha L. Rautenkranz, City Clerk ( em Me I p,# 1/08/98 Contract No. 3615 Page 6ofE 1 City of Carlsba 0- September 15, 1998 ADDENDUM NO. 1 RE: DEMOLITION OF SPLIT PAVILION - CONTRACT NO. 3615 Please include the attached addendum in the Notice to Bidder/Request for Bia you have for the above project. This addendum-receipt acknowledged-must be attached to your Proposal Form/Bid when you bid is submitted. - de e UTH FLETCHER F 0 Purchasing Officer RF: KD; kd Attachment I I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 0 i I I 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1 989 - (760) 434-2803 - FAX (760) 43 1 0 September 14,1998 ADDENDUM NO. I SPLIT PAVILION CONTRACT NO. 3615 BID OPENING DATE: September 21, 1998 The following additions & clarifications have been made to the plans and specification Plans: 0 On sheet 2, modify the Construction Staging Area per t 0 Replace pages 8,9,61,62,63 with the attached pages. 0 attached revised sheet. Specifications: If you have any questions, please call the undersigned at 438-1 161, extension 4385. pfj-$Q PAT Project ENT Mana , P.E. a Approximate Quantity Unit - No. DescriDtion and Unit - Price - Tot Item 6 Construction area protective sheeting LS LS & Traffic Control at Dollars (Lump Sum) 7 12x14" Concrete berm at 7 LF Dollars per Lineal foot 8 Decomposed Granite at 8 CY Dollars per Cubic Yard 9 Mow strip at 43 LF Dollars per lineal foot Total amount of bid in words: 0 Total amount of bid in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). proposal. The Undersigned has carefully checked all of the above figures and understands that the not be responsible for any error or omission on the part of the Undersigned in preparing this The Undersigned agrees that in case of default in executing the required Contract with n bonds and insurance policies within twenty (20) days from the date of award of Contract b: Council of the City of Carlsbad, the City may administratively authorize award of the contri second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is ken: business or act in the capacity of a contractor within the State of California, validly kens which e license number , classification , and that this statement is true and correct and has the lega an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursu; Business and Professions Code shall be considered nonresponsive and shall be rejected b 9 7028.15(e).ln all contracts where federal funds are involved, no bid submitted shall be ir by the failure of the bidder to be licensed in accordance with California law. However, a the contract is awarded, the contractor shall be properly licensed. Public Contract Code 4- $4 1/n8/98 Contract No. 3615 Page 8 oft hadhave been received and idare include 0 0 The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is PE interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder representation, oral or in writing, of the City Council, its officers, agents, or employees has i himlher to enter into this Contract, excepting only those contained in this form of Contract papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making i the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is (Cash, Certified Chec or Cashier's Check) for ten percent (1 0%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requir employer to be insured against liability for workers' compensation or to undertake self-insu accordance with the provisions of that code, and agrees to comply with such provision commencing the performance of the work of this Contract and continue to comply until the is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2 to the general prevailing rate of wages for each craft w type of worker needed to exe Contract and agrees to comply with its provisions. 0 a em %$ 1/08/98 Contract No. 361 5 Page 9of6 / / / 1 1 I I I I 1 I I* 1 LS LS 1 I I I I 5 Protection and repair of existing LS LS I CITY OF CARLSBAD THE SPLIT PAVILION DEMOLITION CONTRACT NO. 3615 CONTRACTORS PROPOSAL I. City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares heishe has carefully examined the location of the work, read the Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda there hereby proposes to furnish all labor, materials, equipment, transportation, and services req do all the work to complete Contract No. 3615 in accordance with the Plans, Specifications, Provisions and addenda thereto and that he/she will take in full payment therefor the follow prices for each item complete, to wit: Approximate I tern Quantity Unit No. DescriPtion and Unit - Price - Tot: - -le G + 2 Furnish and Install Anodized Aluminum 170 LF -I =I>+ ggregate PCC paving at 3,052 SF L a Jt I Dollars per Square Feet 300 SF Dollars per Square Foot 4- I. 1 rrs 1/08/98 Contract No. 3615 Page 7 of 63 P 4 C?E:dED, WJTNESSkE: AND RECORDED: % T-7 1 'a .-- .-y i j !- &< ~ pi,., is- YL .-+-z &2,2< ; >* I DATE S~@ATURE Approximate Item Quantity Unit - No. Descriotion and Unit Price - Tc br e 6 Construction area protective sheeting LS LS Dollars (Lump Sum) 7 lZ"x14"C 7 LF Dollars per Lineal foot a cy Dollars per Cubic Yard 43 LF yF aJ 3 9 Mow strip at Dollars per Lineal foot 0 Total amount of bid in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). \ hadhave been received and idare included proposal. The Undersigned has carefully checked all of the above figures and understands that the ( not be responsible for any error or omission on the part of the Undersigned in preparing this t The Undersigned agrees that in case of default in executing the required Contract with nec bonds and insurance policies within twenty (20) days from the date of award of Contract by t Council of the City of Carisbad, the City may administratively authorize award of the contrac second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensec ontractor within the State of California, validly licensed which expi , and that this statement is true , classification &" * A bid submitted to the City by a Contractor who is not li Business and Professions Code shall be considered nonresponsive and shall be rejected by tf $j 7028.1 5(e).ln all contracts where federal funds are involved, no bid submitted shall be inva by the failure of the bidder to be licensed in accordance with California law. However, at th the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 21 =A em .t. *Y The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is p interested, directly or indirectly, in this Contract, or the compensation to be paid hereunde representation, oral or in writing, of the City Council, its officers, agents, or employees has himher to enter into this Contract, excepting only those contained in this form of Contrac papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making the same work, and is in all respects fair and without collusion or fraud. !. Accompanying this proposal is or Cashier's Check) for ten percent (1 0%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requir employer to be insured against liability for workers' compensation or to undertake self-inslr accordance with the provisions of that code, and agrees to comply with such provision commencing the performance of the work of this Contract and continue to comply until the is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2 to the general prevailing rate of wages for each craft or type of worker needed to exe Contract and agrees to comply with its provisions. (Cash, Certified Chel a 0 83 1 1 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) * I 1 (Street and Number) a I 1 I 1 1 I 1 I 1 I (3) Place of Business (Street and Number) B City and State (4) Zip Code Telephone No. IF A CORPORATION, SIGN HERE: 1 Impress Corporate Seal I ... ... ... ... ... ew Bo 1 p,# 1/08/98 Contract No. 3615 Page 10 of 6: 1 (3) Incorporated under the laws of the State of NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTAC I I 1 1 1. I 1 I I 1 I 1 List below names of president, vice president, secretary and assistant secretary, if a corpori partnership, list names of all general partners, and managing partners: 1 *w 1. I tl@ 1/08/98 Contract No. 3615 Page 11 of 6 ST BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, as Surety are held and firmly bound unto the City of Carl~$~g~~~i~~n~~~u~~ as fo for payment, well and truIy made, we bind ourselves, our heirs, executors and administ successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal above-bounden Principal for: a J. C . BALDWIN CONSTRUCTION COMPANYs Principal, and SAFECO INSURANCE COMP (must be at least ten percent (10%) of the bid amount) D _________ THE SPLIT PAMLION DEMOLITION CONTRACT NO. 3S15 in the City of Cadsbad, is accepted by the City Council, and if the Principal shall duty enter in execute a Contract including required bonds and insurance policies within twenty (20) days frc date of award of Contract by the City Council of the City of Carlsbad, being duly notified t award, then this obligation shall become null and void; otherwise, it shall be and remain in ful and effect, and the amount specified herein shall be forfeited to the said City. -... .--. 0 -... .... *.*, -... .... .... .... .... .... .... .... a e a .Q I* -* In the event Principal executed this bond as an individual, it is agreed that the death of Princip not exonerate the Surety from 'its obligations under this bond. Executed by PRlNCIPALfhis 18TH day Executed by SUREN this 18~~ ( ,19&. SWTEMB ER ,1998 . P R1 N C IPAL: I r of SEI? TEMB ER SURETY: SAFECO INS URANCE COMPANY OF AMERICA J. C. BALDWIN CONSTRUCTION COMPANY I 1 i 1 I (name of Principal) (name of Surety) ~ 4 HUTTON CENTRE, SUITE 250-B SANTA ANA, CA 92707 (address of Surety) JAMES C. BALDWIN, PRESIDENT 714/437-3052 - (print name here) (telephone number of Surety) . By: IL-/ I (Title and Organization of Signatory) (signature of Attomey-in-Fact)3 HELEN MALONEY, ATTORNEY-IN-FACT By: (Si9 (printed name of Attorney-in-Fact) DENISE NYBERG, SECRETARY ' (print name here) (Attach corporate resolution showing 0 power of attorney.) 1 1 {title and organization of signatory) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assisbnt secr.&ary must sign for corporations. one officer signs, the corporation must ab& a resofuticn cer',ified by the secretary or a! secretary under corporate seal empowering that officar to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney 'I I ! ! I ! By: &ad? I 1- - Ll Assistant City Attorney I w .. .*A - %* a:nnH.-. - . . .. -A*- '* i I I 1 I I 1 !. 1 1 1 i I 1 BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) I? Accompanying this proposal is a *Certified *Cashiers check payable to the order of C CARLSBAD, in the sum of this amount being ten percent (10%) of the total amount of the bid. The proceeds of this chc become the property of the City provided this proposal shall be accepted by the City throug of its legally constituted contracting authorities and the undersigned shall fail to execute a and furnish the required Performance, Warranty and Payment Bonds and proof of in coverage within the stipulated time; otherwise, the check shall be returned to the undersigr proceeds of this check shall also become the property of the City if the undersigned shall \I his or her bid within the period of fifteen (15) days after the date set for the opening thereo' otherwise required by law, and notwithstanding the award of the contract to another bidder. I dollars ($ 1 BIDDER *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the followir shall be executed--the sum of this bond shall be not less than ten percent (10%) of the tota of the bid.) I 4= I* 1 \? 1/08/98 Contract No. 3615 Page I2 of 6: 1 I BIDDERS BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as 1 payment, well and truly made, we bind ourselves, our heirs, executors and admin successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the propos: above-bounden Principal for: , as Principal, and I* (must be at least ten percent (10%) of the bid amount) 1 I I D I 1 .... 1. I 1 .... 1 i I .... 1 1 THE SPLIT PAVILION DEMOLITION CONTRACT NO. 361 5 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter execute a Contract including required bonds and insurance policies within twenty (20) days date of award of Contract by the City Council of the City of Carlsbad, being duly notifiec award, then this obligation shall become null and void; otherwise, it shall be and remain in and effect, and the amount specified herein shall be forfeited to the said City. .... .... .... .I.. .... .... .... .... .... .... 4- I. I PIS 1/08/98 Contract No. 3615 Page 13of6 1 In the event Principal executed this bond as an individual, it is agreed that the death of Princi not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day Executed by SURETY this PRINCIPAL: SURETY: I of 7 19.-. 9 19- I. (name of Surety) 1 t II 1 I (name of Principal) By: (sign here) (address of Surety) (print name here) (telephone number of Surety) By: I (Title and Organization of Signatory) (signature of Attorney-in-Fact) By: (sign here) (printed name of Attorney-in-Fact) (Attach corporate resolution showing power of attorney.) I ' (print name here) 1 (title and organization of signatory) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporation: one officer signs, the corporation must attach a resolution certified by the secretary or secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney 1 1 u I 1 I By: JANE MOBALDI Assistant City Attorney e- I. 1 p,s 1/08/98 Contract No. 3615 Page 14 of6 I I D I 1 B GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID" AND "DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS 1. REFERENCES Prior to preparation of the following Subcontractor and Owner Operatc disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC ai Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", I' Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in s 2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor." Bid further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 Special Provisions. CAUTIONS Bidders are cautioned that failure to provide complete and correct informai result in rejection of the bid as non-responsive. Any bid that proposes performance of more percent of the work by other than the Contractor's own organization will be rejected responsive. INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor o Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to comj I E Work. I 0 All items of information must be completely filled out. Where the bid item will be installed by more than one Subcontractor or Owner Operator/LE percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being the line of the form must be entered under the column "O/O of Item by Sub" or "O/O of Item as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portior item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the that the Subcontractor or Owner Operator/Lessor installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The materials and transport for materials from sources outside the limits of work, as shown on tt shall be assigned to the Contractor, the Subcontractor, or the Owner OperatorlLessor as may be, installing them. The value of material incorporated in any Subcontracted o Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as of the portion of the work that the Contractor is required to perform with its own organization. The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the num be entered on the form. If the Subcontractor does not have a valid business license enter "F the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to prl required information. The number of additional form pages shall be entered on the first form 1 I ' i 1 1 1 1 each type so duplicated. em I tS 1/08/98 Contract No. 3615 Page 15of6 I i B 1 I I I I. I I i 1 1 1 I Bidder may, at its option, combine bid items on a single row in the chart on the disclosure using this option the Bidder must indicate the bid item numbers to which the information ir pertains. This option may not be used where the subcontractor or Owner Operatoi constructing or installing less than 100 percent of a bid item. The percentages and dollar may be the sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct less than 100 percent of a bid item the Bidder must attach an explanation sheet to the desic subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanati must clearly apprise the Agency of the specific tasks, materials and/or equipment that are 1 to be so supplied. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of aw; contract shall determined by the City Council in conformance with the provisions of the documents and these Special Provisions. The decision of the City Council shall be final. 0 I E e= 1. I r,s 1/08/98 Contract No. 3615 Page 16off DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS 0 The Bidder MUST complete each information field on this form for each subcontractor that proposes to use. Additional copies of this form may be attached if required to accommodate t Contractor's decision to use more than one subcontractor. This form must be submitted as a part the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prepari this bid for the Work and that the listed subcontractors will be used to perform the portions of t Work as designated in the list in accordance with applicable provisions of the specifications a section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practic Act." The Bidder further certifies that no additional subcontractor will be allowed to perform 2 portion of the Work and that no changes in the subcontractors listed work will be made except up the pilor approval of the Agency. Complete Address: Telephone Number plus Area Code: California State Contractors License No, & Classification: Carlsbad Business License No.: 0 OWNER OPERATOWLESSOR BID ITEMS Amount of Item Explanation: Column I - Bid Item No. from the bid proposal, pages 7-8. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price ( Page of pages of this form e item on bid proposal pages 7-8. e= %& 1/08/98 Contract No. 3615 Page 17 of 63 Pz . DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER QPERATOWLESSOR WORK 0 The Bidder MUST complete each information field on this form for each owner operator/or 1 (O+O) that it proposes to use to perform any portion of the Work. Additional copies of this forr be attached if required to accommodate the Contractor's decision to use more thar subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to p complete and correct infomation may result in rejection of the bid as non-responsive. Except 1 individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to pt any portion of the Work. The Bidder further certifies that no changes in the Owner Operatorll listed work will be made except upon the prior approval of the Engineer. Provide a separate shi each Owner Operatorllessor. See section 1-2 of the Special Provisions for definition of ( Opera to r/Lessor . Full Owner Operator/Lessor Name: Complete Address: Telephone Number plus Area Code: City of Carlsbad Business License No.: OWNER OPERATOWLESSOR WORK ITEMS ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 7 and 8 Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be eoual to the dollar amount in the bid Price item on bid ProDosal paqes 7 and 8 0 Page \ of pages of this form w= p.$ 1/08/98 Contract No. 3615 Page 18of63P 1 I I 1 I 1 1 I I. II I I I I E I BIDDER'S STATEMENT OF FINANCIAL RESPONSlBlLll (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or Balance Sheets submitted under separate cover marked CONFIDENTIAL. I. e- I. 1 rr@ 1/08/98 Contract No. 3615 Page 19ofZ I I i I I 1 I I I. I I I 1 I II I BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in the p Contract he/she has successfully performed and give references, with telephone numbers, \II enable the City to judge hidher responsibility, experience and skill. An attachment can be us I. Name and Phone No. of Person Name and Address em I. I tS 1/08/98 Contract No. 3615 Page 20of6 0 Hb 3% * u(? b? 0 0 a+ Rg 3 &a 25 2 m fir 28 22 H& fir oi 0 & z2 or- 9t-- Q 'sa 35 52s ma 3 # 28 s.2 3 s: 0 E;j$ gE3 0 2g 2s rY qp g p $? z 24:s 4 q 3% 65 3 &e$ 8 6 3c sgu2 c gem c; E 8 ;g q 0 fir oz F 0 ge U x* 02 z u g* 0 d dm gc v) 25 0 n H e& W 2 n 2 r; 7 2 0 13 mb t- bW $; 10 fl% $6 t-1 z 0 22 z cc. d %a F $ 0 Ggmz 3 9% ZpjO -% E 5 g*2- b e< crm Elso+ wps zags ;*&ad 62 CGD~~ gzagg$ asgo u 3% 3szn5 S$m$-? ego3 cdh 22:w OA$OZ zqw E 8 !Ei E 0 c $2 e E m gs d z des g's 0 z E's .. >zm W t-r csg %E u 53d & g d zl ntr! 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B d .. 2 m AS 2 $3 E 2: % b 3:x 02 3 5 6d g 2 53: gg n Frl MW a I I 1 BIDDERS CERTIFICATE OF INSURANCE FOR LIABILITY AND WORKERS' COMPENSATION a GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOl 1 (To Accompany Proposal) I As a required part of the Bidder's proposal the Bidder must attach either of the following to th 1. Certificates of insurance showing conformance with the requirements herein for: 0 Comprehensive General Liability I I I 8 II I I I I I I I Employer's Liability 0 Automobile Liability 0 Workers Compensation 2. Statement with an insurance carrier's notarized signature stating that the carrier can, 2 payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insui Comprehensive General Liability, Employer's Liability, Automobile Liability and Compensation in conformance with the requirements herein and Certificates of insurani Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policie to meet the specification of this contract must: (1) meet the conditions stated in The Noticc Bids, the Standard Specifications for Public Works Construction and the Special Provision project for each insurance company that the Contractor proposes, and (2) cover anv vehiclt the performance of the contract, used onsite or offsite, whether owned, non-owned or hi whether scheduled or non-scheduled. The auto insurance certificate must state the cover: "any auto" and cannot be limited in any manner. I@ em I* I %? 1108198 Contract No. 361 5 Page 21 of 6 y A RELIANCE INSU?ANCE COMPA: J. C:Baldwin Construction Co. ........................... ......................................... EMPLOYERS' UABILrrY .................... LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBL 0 CARLSBAD VILLAGE DRIVE ubn. .. .-. .. - -. ..---.-. ..--- BUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTlFtCAtE HOLDER WILL MOT BE CANCELED OF TERMINATE0 WIWOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO TliE CfRTlFlCATE HOLDER NAMED BELOIi EVENT SHALL TnlS CERTIFICATE BE VALID MORE THAN 30 DAY8 FROM THE DAE WRITTEN. THIS CERTIFICATE 01 DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. s oertlfles that: Q STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomlngton, Illlnols, of STATE FARM FIRE AND CASUALTY COMPANY or Dloomlngton, llllnok has obverage In for@ for the followlng Named Insured as shown below: Named Insured -_II 5 C BALDWIN DBA J C BALPWIN CONSTRUCTION 31 - __ Addrece of Named Insured -w __ - CARLSRAD, CA 92008 ...." "--' )\23.7-- IO--2 Slgnature of Autharfzed Represontatbe Title Agent's Code Numbor kXTY OF CAlILSBhl) 7 TSTATE PAW INSITWCE LSNGTNEEIIING DEPT. GARY GRAHAM, AGENT l@pp carlebad village dr CAHLSBN), CA 92008 SOLMA BEACH, CA 92075 Name and Address of Certiflcate Holder Nme and Addresv 01 April 9936 LOMAS SANTA FE 11K L -I L _-1-1-1--1------_--_____----ILI-LcL----r---------------------.-----------------"---------------~--~~-- Check If a permanent Certificate of Insurance for llablllty coverage Is nwded: 0 Check If the Certlflcato Holder should be added as an Addltlonal Insured: m ' Remarks: ULI. - . -,.,,, ",.Y &A _-.*.,, -.. , .-. -- - ---..I - -- -*X.-- I..-. --" r ---- -. " -"-. I_^ --- I .. ~ -- *I-.cI-- L I -.. -I.-.--__ 16844300.1 Rov, 09 92 Prlntod In UAA, AGENT'S COPY I 1- kcn I IrwM I E ur tIv3unniwwz ollRANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED 01: -’“€‘vkNT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITEN. THIS CERTIFICATE 0 .dJAT€D WITHOUT GIVING 10 DAYS PRIOR WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELO\ DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. 18 certlfios that: B STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomlngton, Ililnob, or u $1 AI E EARM FIRE AND CASUALTV COMPANY ul Blootnlt~ton, Illlnvls has mvemge In form for the loliowlng Named Insured as shown below: Nemod Insured J C BALDW’LN DI3A 5 I: BALDWIN CONSTRUCTION - I_ cy) Address of Named Insured -llRfVE -. - CARLSIIAD, Ch 92008 10-2: 2- -- 8227 Name and Address 6f AQent I- OFFICE REP ”-- -.,- - .”-- Slgnature of Authorlmd Ropresentatlvi- Tltlo Agent‘s Cod~ Number Namo and Address of Cartlficate Holder r 1 r CXTY OF GARLSBAJ) STATE FARM fNSUWCE bNGINl3RRXNG DEPT. GARY GMHAEl, AGENT 1200 carlsbad vill~~ge dr 993C LOMAS SANTA FE DR CAKILSBAU, CA 92008 SOLANA BEACH Ch 920’73 L J L --I_I-L--_.--llCL-LL----------------------------------.-----------------------------------------..------. Cheok If a permenent Certlflcate of Insurance (or liability coverage is needed: n Check If the Cortifioate Holder should be added a8 an Additlonal Insured: 0 Remarks: l ___I-,........-- -. -__ I-^ ---- ---* , -- --. ,..-. -- -- . ” .--- - .--.-.---- I@ - I __l-__ -*- I.^--- --- --- -- -I. .- -- -- ~- - *- . . .-- I” II. 1684430.1 RoU. OB.92 Printed in U.S.A, AGtNl’S COPY i?. i CL24 (I 1/8! e NAMED INSURED: J.C. BALDWIN CONSTRUCTION CO. POLICY NUMBER: SJ3002512 POLICY PERIOD: JULY I, 1998 TO JULY 1,1999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2070 (71/85) ADDITIONAL INSURED, OWNERS, LESSEES OR CONTRACTORS (FORM B) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF CARLSBAD ENGINEERING DEPT (IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT). 0 WHO IS AN INSURED (SECTION ill) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF “YOUR WORK, FOR THAT INSURED BY OR FOR YOU. .* 1 I I I 1 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) I. Have you or any of your subcontractors ever been debarred as an irresponsible k another jurisdiction in the State of California? I. Yes 2. If yes, what waslwere the name@) of the agency(ies) and what wadwere the per debarment(s)? Attach additional copies of this page to accommodate more than two debarn party debarred party debarred I agency agency I period of debarment period of debarment 1. I I I 1 II 1 1 ** I. Page 22of6 1 %? 1/08/98 Contract No. 3615 1 I I I I 1 I I. I I 1 I 1 I I BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors’ State Board which has jurisdiction to investigate complaints against contractors if a complaint reg patent act or omission is filed within four years of the date of the alleged violation. A c regarding a latent act or omission pertaining to structural defects must be filed within 10 yea date of the alleged violation. Any questions concerning a contractor may be referrec Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor‘s license suspended or revoked by the California Cor State license Board two or more times within an eight year period? I. Yes no 2. Has the suspension or revocation of your contractors license ever been stayed? Yes 3. Have any subcontractors that you propose to perform any portion of the Work ever I contractor’s license suspended or revoked by the California Contractors’ State license Boai more times within an eight year period? I Yes no 4. Has the suspension or revocation of the license of any subcontractor’s that you pn perform any portion of the ver been stayed? Yes no 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, 1 disciplined, the date of and violation that the disciplinary action pertain to, describe the nak violation and the disciplinary action taken therefor. (Attach additional sheets if necessary) e- I* II tl# 1/08/98 Contract No. 3615 Page 23of6 i I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, t who's discipline was stayed, the date of the violation that the disciplinary action pertains to, I the nature of the violation and the condition (if any) upon which the disciplinary action was s I. R 1 I I 1 I. I 1 I 1 1 I I I (Attach additional sheets if necessary) BY CONTRACTOR: 4w I. I t@ 1/08/98 Contract No. 3615 Page 24of6: I I I I I i 1 1 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California 1 ) ss. i. , being first duly sworn, depo! and says that he or she is the party making the foregoing bid that the bid is not made in the interest of, or on behal undisclosed person, partnership, company, association, organization, or corporation; that tl genuine and not collusive or sham; that the bidder has not directly or indirectly induced or any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, cc connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone sha from bidding; that the bidder has not in any manner, directly or indirectly, sought by agr communication, or conference with anyone to fix the bid price of the bidder or any other bidc fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or tc any advantage against the public body awarding the contract of anyone interested in the p contract; that all statements contained in the bid are true; and, further, that the bidder directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents or divulged information or data relative thereto, or paid, and will not pay, any fee to any cor] partnership, company association, organization, bid depository, or to any member or agent tt effectuate a collusive or sham bid. I declare under executed on the I@ e and correct and Subscribed and sworn to before me on the (NOTARY SEAL) em 1 \# 1/08/98 Contract No. 3615 Page 25of62 CAPACITY CLAiM Though statute does no fill in the data below, invaluable to persons re1 JOHN G. MALONEY, NOTARY PUBLIC Q CORPORATE OFFICI JAMES C. BALDWIN, DENISE NYBERG, HELEN MALONEY PRESIDENTy SI NAME, TITLE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC personally appeared NAME@) OF SIGNER(S) TITLE@) capacity(ies), and that by his/her/their E OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUMENT ant fraudulent reattachment of this form. 1 1 i I CONTRACT PUBLIC WORKS This agreement is made this 6th day of 7 , 19 98 I 1. between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and JC BALDWIN whose principal place of busines called "Contractor"). City and Contractor agree as follows: I. Description of Work. Contractor shall perform all work specified in the Contract dc (hc 2469 IMPALA DRIVE, CARLSBAD, CA 92008 - I I for: I CONTRACT NO. 3615 THE SPLIT PAVILION DEMOLITION (hereinafter called "project") 2:. Provisions of Labor and Materials. Contractor shall provide all labor, materia equipment, and personnel to perform the work specified by the Contract Documents. 31. Contract Documents. The Contract Documents consist of this Contract, Notice lnvil Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation o C)perator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Ex1 F!e Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PI; Specifications, the Special Provisions, addendum(s) to said Plans and Specifications anc F'rovisions, and all proper amendments and changes made thereto in accordance with this or the Plans and Specifications, and all bonds for the project; all of which are incorporated I this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the indicated, specified, and implied by the Contract Documents. Any items of work not indi specified, but which are essential to the completion of the work, shall be provided at the Cor expense to fulfill the intent of said documents. In all instances through the life of the Con City will be the interpreter of the intent of the Contract Documents, and the City's decision r( said intent will be final and binding. Failure of the Contractor to apprise subcontractors and I suppliers of this condition of the Contract will not relieve responsibility of compliance. 4.. Payment. For all compensation for Contractor's performance of work under this Cont shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specific: F'ublic Works Construction (SSPWC) 11997 Edition, and the 1998 sumlements thereto,) hc designated "SSPWC", as issued by the Southern California Chapter of the American Pub1 Association, and as amended by the Special Provisions section of this contract. The Eng close the estimate of work completed for progress payments on the last working day of each 1 I 1 1 1 1 1 1 0 1 @* 1. I '&s 1/08/98 Contract No. 3615 Page 26 of 6: I I I I I I I I I I I I I I I 5. Independent Investigation. Contractor has made an independent investigatio jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progre work, and is aware of those conditions. The Contract price includes payment for all work be done by Contractor, whether anticipated or not, in order to overcome underground cor Any information that may have been furnished to Contractor by City about underground cc or other job conditions is for Contractor's convenience only, and City does not warrant conditions are as thus indicated. Contractor is satisfied with all job conditions, including undc conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves trenches or other excavations that extend deeper than four feet below the surface Contrac promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardoi as defined in section 251 17 of the Health and Safety Code, that is required to be removed tc 1, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions, Subsurface or latent physical conditions at the site differing frc indicated. 6. Unknown Physical Conditions. Unknown physical conditions at the site of any nature, different materially from those ordinarily encountered and generally recognized as in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially or do involve hazardous waste, and cause a decrease or increase in contractor's costs c time required for, performance of any part of the work shall issue a change order u procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions r differ, or involve hazardous waste, or cause a decrease or increase in the contractor's c( time required for, performance of any part of the work, contractor shall not be excused 1 scheduled completion date provided for by the contract, but shall proceed with all wo performed under the contract. Contractor shall retain any and all rights provided either by cc by law which pertain to the resolution of disputes and protests between the contracting partic 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requ of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has 1 and will comply with these requirements, including, but not limited to, verifying the elig employment of all agents, employees, subcontractors, and consultants that are include Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depai Industrial Relations has determined the general prevailing rate of per diem wages in accord: California Labor Code, section 1773 and a copy of a schedule of said general prevailing wi is on file in the office of the City Engineer, and is incorporated by reference herein. Pui California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor s copies of all applicable prevailing wages on the job site. 0 I I. em I* I %@ 1/08/98 Contract No. 3615 Page 27of6 i I 1 I I I I I I 1 1 1 I 1 I 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defe indemnify and hold harmless the City, and its officers and employees, from all claims, loss, injury and liability of every kind, nature and description, directly or indirectly arising fn connection with the performance of the Contract or work; or from any failure or alleged Contractor to comply with any applicable law, rules or regulations including those relating and health; and from any and all claims, loss, damages, injury and liability, howsoever the Si be caused, resulting directly or indirectly from the nature of the work covered by the Contrac for loss or damage caused by the sole or active negligence or willful misconduct of the C expenses of defense include all costs and expenses including attorneys' fees for arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the awa contract to Contractor, and Contractor will pay all costs, including defense costs for the City. costs include the cost of separate counsel for City, if City requests separate counsel. IO. Insurance. Contractor shall procure and maintain for the duration of the contract ii against claims for injuries to persons or damage to property which may arise from or in cc with the performance of the work hereunder by the Contractor, his or her agents, represt employees or subcontractors. Said insurance shall meet the City's policy for insurance as Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minim indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single I occurrence for bodily injury and property damage. If the policy has an aggregate limit, a aggregate in the amounts specified shall be established for the risks for which the City or it officers or employees are additional insured. b. Automobile Liability Insurance: $1,000,000 combined single limit per accident f injury and property damage. In addition, the auto policy must cover any vehicle USE performance of the contract, used onsite or offsite, whether owned, non-owned or hired, anc scheduled or non-scheduled. The auto insurance certificate must state the coverage is auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensai as required by the Labor Code of the State of California and Employers' Liability limits of $1 per incident. Workers' compensation offered by the State Compensation Insurance acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance requir this agreement contain, or are endorsed to contain, the following provisions. General Employers' Liability and Automobile Liability Coverages: a. The City, its officials, employees and volunteers are to be covered as additional in respects: liability arising out of activities performed by or on behalf of the Contractor; proc completed operations of the contractor; premises owned, leased, hired or borrowec contractor. The coverage shall contain no special limitations on the scope of protection ai the City, its officials, employees or volunteers. All additional insured endorsements evidenced using separate documents attached to the certificate of insurance; one for each affording general liability, employers' liability and auto liability coverage. 10 1 4ii I. I p,@ 1/08/98 Contract No. 3615 Page 28 of 6 I I 1 I I U I I I I 1 I I I I I b. The Contractor's insurance coverage shall be primary insurance as respects the officials, employees and volunteers. Any insurance or self-insurance maintained by the officials, employees or volunteers shall be in excess of the contractor's insurance and contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to eact against whom claim is made or suit is brought, except with respect to the limits of the liability. (C) "Claims Made" Policies. If the insurance is provided on a "claims made" basis, cover be maintained for a period of three years following the date of completion of the work. (D) Notice Of Cancellation. Each insurance policy required by this agreement shall be ( to state that coverage shall not be nonrenewed, suspended, voided, canceled, or re coverage or limits except after thirty (30) days' prior written notice has been given to thc certified mail, return receipt requested. (E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or se retention levels must be declared to and approved by the City. At the option of the City, ei insurer shall reduce or eliminate such deductibles or self-insured retention levels as res1 City, its officials and employees; or the contractor shall procure a bond guaranteeing pa losses and related investigation, claim administration and defense expenses. (F) Waiver Of Subrogation. All policies of insurance required under this agreement shall waiver of all rights of subrogation the insurer may have or may acquire against the City or officials or employees. (G) Subcontractors. Contractor shall include all subcontractors as insured under its p shall furnish separate certificates and endorsements for each subcontractor. Cover subcontractors shall be subject to all of the requirements stated herein. (H) Acceptability Of insurers. Insurance is to be placed with insurers that have a rating Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the bu insurance by the State of California Insurance Commissioner as admitted carriers as evider listing in the official publication of the Department of Insurance of the State of California and the standards specified by the City Council in Resolution No. 91-403. (I) Verification Of Coverage. Contractor shall furnish the City with certificates of insuri original endorsements affecting coverage required by this clause. The certific: endorsements for each insurance policy are to be signed by a person authorized by that i bind coverage on its behalf. The certificates and endorsements are to be in forms approvc City and are to be received and approved by the City before the Contract is executed by the (J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be in the Contractor's bid. 0 I 0 ern I. I p,# 1/08/98 Contract No. 3615 Page 29ofE I 1 1 I I I I 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be res accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, A (commencing with section 20104) which are incorporated by reference. A copy of Artic included in the Special Provisions I section. The contractor shall initially submit all clai $375,000 to the City using the informal dispute resolution process described in Public Contri subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the cor claims shall comply with the Government Tort Claim Act (section 900 et seq., of the C Government Code) for any claim or cause of action for money or damages prior to filing an for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to must be asserted as part of the contract process as set forth in this agreement and not in an of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, i considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly s false claim to a public entity. These provisions include false claims made with deliberate ignc the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to ti Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a fa may subject the Contractor to an administrative debarment proceeding wherein the Contra be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections : 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referei (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debar @ I 1 1 @ I I ---bL-, :..A-A:-b:-- :- I_-..- A- X-- 4Lr O:+.. -X p..rl..l..-pJ 4- pJ: -_,, -I:&, +hn pml..+rmrr+rrr ~- -,,hr. 1 I I I 1 ... I I 15. Provisions Required by Law Deemed Inserted. Each and every provision o clause required by law to be inserted in this Contract shall be deemed to be inserted h( included herein, and if, through mistake or otherwise, any such provision is not inserted, correctly inserted, then upon application of either party, the Contract shall forthwith be I amended to make such insertion or correction. I ... ... ... ... ... ... ... ... I ... IO .-- ... I ... I 1 I ... I I ... ... ... ... ... ... ... ... m I* ew I p,s 1/08/98 Contract No. 3615 Page 31 of6 -7 I R ' * 1 16. Additional Provisions. Any additional provisions of this agreement are set fort1 "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTAC 1 I I D 1 1 I. 1 1 I I I President or vice-president and secretary or assistant secretary must sign for corporation one officer signs, the corporation must attach a resolution certified by the secretary or secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: i RONALD R. BALL 1 City Attorney By: Assistant City Attorney e- l* 1 \# 1/08/98 Contract No. 3615 Page 32ofE (' 0 Individual l D Attorney-in-Fact 1.. Signer 1s Representing: 0 Corporate Officer Partner - 0 Limited 0 General Title(s): i. I 0 0 Trustee Guardian or Conservator _I ;bLi, -J .:'':;AI 0 Other: lop of thumb hefe i I ji@ D Individual . .:.- 0 Corporate Officer 0 Attorney-in-Fact . . U Trustee D Guardian or Conservator D Other: Title(s): /o Partner - D Limited 0 General *, j-', ;. I-bI ,~,, "'I lop of lhumb hew Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NamHs) ot Sqer(s) whose name(@ idaa subscribed to the within instnrmei and acknowledged to me that he/sk&ey executed tt same in himr authorized capacityf&$, and that t hi- . signature@) on the instrument the person@ or the entity upon behalf of which the person(@) actec executed the instrument. d and officiai seal. Though the u?fOfn%3OUn below IS not required by law, It may prove valuable :a persons relyfng on Be document and could prever fraudulenr removal and reanachment of !his form to another dccument Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 0 Individual CI Corporate Officer 0 Partner - U Limited CI General CI Attorney-in-Fact Cl Attorney-in-Fact 17 Guardian or Conservator CI Corporate Officer Cl Guardian or Conservator Signer Is Representing: Anrkr c a wsn Hl Rp6No.58ot 0 1995 NrC(0rul m-0- R.mnwtA~, PO. Ba na4-w w CA 91309-n&6 BOND NO. 5842148 PWEP"I INCLUDE5 iN PERFORMA LABOR AND MATERIALS BOND a WHEREAS, the City Council of the City of Carlsbad, State of California, by Re: 'No. 98-339 , adopted OCTOB.FR 13. u$&. , has awar (hereinafter designated as the "Principal"), a Contract for, Jc BALDWIN CONSTRUCTION COMPANY , \ THE SPLIT PAVILtON'DEMOLITION CONTRACT NO. 3815 in the City of Cafisbad, in strid conformity with the drawings and specifications. and other C Documents now on file in the Office of the City Clerk of the City of Carisbad and all of whi incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terns * require the furnishing of a bond. providing that if Principal or any of their subcontractors shal pay for any materials, provisions, provender or other supplies of teams used in, upon or abc performance of the work agreed to be done, or for any work or labor done thereort of any kir Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, J c BALDWl N CONSTRUCTION COMPANY SAFECO INSURANCE as Principal, (hereinafter designated as the "Contractor"), and COMPANY. QF AMERICA as Surety, are held firmly bound unto the City of Carkbad in the sum of SIXTY ONE Tl-lOI Y..: - 01 e SIX HUNDRED EIGHTY ONE AND NO/OOO---------------------------------- ($ 61,681.00 3, said sum being fifty percent (50%) of the estimated amount paya the City of Carlsbad under the terms of the Contract, for which payment well and truly to be ma bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and seu firmly by these presents. THE CONDITION OF TXlS OBLIGATION IS SUCH that if the person or hidher subcontractors , pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or abo performanca of the work contracted to be done, or for any other work or labor thereon of any k for amounts due under the Unemployment Insurance Code with respect to such work or labor, my amounts required to be deducted, withheld, and paid over to the Employment Develo] Department from the wages of employees of the contractor and subcontractors pursuer,! to 8 43020 of the Unemployment Insurance Code with respect to such work and labor that the Sure pay for.the same, nat to exceed the sum specified in the bond, and..also, jn case suit is broughf the bond, costs and reasonable expenses and fees, including reasonabfe attorney's fees, to be by the court, as required by the provisions of section 3248 of the California Civil Code, This bond shall inure to the benefit of any and all persons, companies and corporations entitled claims under Title 15 of Bart 4 of Division 3 of the Civil Code (commencing with section 3082). Surety stipulates and agrees that no change, extension of time, alteration or addition to the tei the Contract, or to the work to be performed thereunder or the specifications accompanyic same shall affect its obligations on this bond, and it does hereby waive notice of any ch extension of time, alterations or addition to the terms of the contract or to the work or 1 . e specifications. ew La. .. .-- .*- - .. . Though statute does not requl fill in the data below, doing invaluable to persons relying oi County of Sm DIEGO CORPORATE OFFlC TITLE(S) NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC' personally appeared JAMES C. BALDWIN, DENISE NYBERG, HELEN MALONEY , NAME(S) OF SIGNER(S) e+; t capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), SIGNER IS WEPWES NAME OF PERSON@) OR ENTl 1 THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT- THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES - DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED A 1 ~- "' In the event that Contractor is an individual, it is agreed that the death of any such Contractr not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 20TH Executed by SURETY this 20TH day of OCTOBER ,I9 98 . of OCTOBER , 1s CONTRACTOR: SURETY: a J. C., BALDWIN CONSTRUCTION COMPANY SAFECO INSURANCE COMPANY OF AMER (name of Sure ) (address of Surety) (telephone number of Surety) Y (name of Contractor) 4 HUTTON CENTRE, SUITE 2 0-B SANTA ANA, CA 92707 JAMES C. BALDWIN, PRESIDENT 714/437-3052 (print name here) (title and organization of signatory) BY: [h (signature of Attorne$&-Fact) (printed name of Attorney-in-Fact (attach corporate resolution showing cu power of attorney) By: HELEN MALONEY, ATTORNEY-IN-FA DENISE NYBERG, SECRETARY (print name here) (title and organization of signatory) e (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached one officer signs, the corporation must attach a resolution certified by the secretary or a: APPROVED AS TO FORM: RONALD R. BALL City Attorney Y (President or vice-president and secretary or assistant secretary must sign for corporations. secretary under corporate seal empowering that officer to bind the corporation.) 1 By: .>!dq -- Assistant City Attorney & \ I 0 e P,14 J In*.nL. - .- --_I - -. -__ PQX~LU?I IS FOP Contract ~epm BOND NO. 58421 And is Subject To Adjustment PREMIUM: $1,41 Based On Final Contract Price FAITHFUL PERFORMANCUWARRANTY BOND a WHEREAS, the City Council of the City of Carlsbad; State of California, by Re: . has awa . (here JCCONSTRUCTION COMPANY designated as the "Principal"), a Contract for: , adopted OCTOBER 13, 1998 No. 98-339 THE SPLIT PAVILION PEMOtlTfON CONTRACT NO. 361 5 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifrcatior other Contract Documents now on file in the Uffice of the City Clerk of the City of Carlsbac which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms require the furnishing of a bond BGr the faithful performance ana warranty of said Contract; , as Prir (hereinafter designated as the "Contractor"), and SAFECO INSURANCE COMPANY OF AMER1C , as Surety, are held and firmly bound unto the City of Cai in the sum of one hundres twenty three thousand three hundred sixty two a , said sum being e no/lQ,~----------------------------- --. one hundred Gt (100%) of the estimated amount of Ute Contract, tQ d, paid to City or its attorney, it5 successors and assigns; for which payment, well and truly to be made, M ourselves, our heirs, executors and administratom, successors or assigns, jointly and sej firmly by these presents. ME' CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, theii executots, administrators, succ~ssors or assigns, shall in all things stand to and abide by, at and truly keep and perform the covenants, conditions, and agreements in the Cantract ar alteration thereof made as therein provided on their part, to be kept and performed at the time the manner therein specified, and in all respects according to their true intent and meaning, an indemnify and save hamless the City of Carisbad. its officers. employees and agents, as stipulated, then this obligation shall become null and void; otherwise it shall remain in full fon As a part of the obligation secured hereby end in addition to the face amount specified therefa shall be included costs and reasonable expenses and fees, including reasonable attorney': incurred by the City in successfully enforcing such obligation, all to be taxed as costs and inch any judgment rendered. Surety stipulates and agrees that no change. extension of time, alteration or addition to the te the Contract, or to the work to be performed thereunder or the specifications accompanyi same shall affect its obligations on this bond. and it does hereby waive notice of any cl extension of time, alterations or addition to the terms of the contract or to the work or NOW, THEREFORE, WE, Jc, BALDWIN CONSTRUCTION COMPANY 00lla1~ ($ 123,362."" ' , effect. . specifiyltions. h a w E8 . .a - ._ - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA SAN DIEGO Though statute does not requ fill in the data below doins invaluable to persons relying o JOHN G. MALONEY, NOTARY PUBLIC NAME TITLE OF OFFiCER E 5 JANE DOE NOTARY PUBLiC 10/20/98 before me, JAMES C. BALDWIN, DENISE NYBERG, HELEN MALONEY TITLE@) personally appeared NAME(S, OF SIGNER(S) to be the person(s) whose name(s) idare EBB IS REPRESE F PERSON(S) OR ENTIT WITNESS my hand and official seal THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT In the event that Contractor is an individual, it is agreed that the death of any such Contractc not exonerate th8 Surety from its obkgations under this bond. Executed by CONTRACTOR this 20TH Executed by SUREW this 20TH dayof day of OCTOBER ,19 98 . CONTRACTOR: SURETY: 0 ,19 98 OCTOBER J. C. BALDWIN CONSTRUCTION COMPANY SAFECO INSURANCE COMPANY OF AMERICl (name of Contractor) (name of Surety) 4 HUTTON CENTRE, SUITE 250-B SANTA ANA, CA 92707 (address of Surety) (telephone number of Surety) 7-3052 (print name here) By: \&-QL-\l\.caav\y*?/ (Title and Organization of Signatory) (signature of Attorney-lh-F act) By: HELEN MALONEY, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) DENISE NYBERG, SECRETARY CL (print name here) (Attach corporate resolution showing c e power of attorney,) (Title and Organization of signatory) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached. one officer signs, the corporation must attach a resolution cerlifed by the secretary or as5 secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney d (President or vice-president and secretary or assistant secretary must sign for corporations. I By: $GLA -1 Assistant City Attorney 10 e IIORIQR Cnntrar? Nn ?AT 6 DQne ?G hf R? D: I I I D 1 1 1 I I I I I I a I CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION The following representation and certification shall be completed, signed and returned tc Carlsbad as a part of the bid package. REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: 1. Are you currently certified by CALTRANS? Certification #: C E RTl FlCATlON 0 F BUS IN ESS REPRESENTATIONE): Mark all applicable blanks. This offeror repres part of this offer that: This firm is-, is no a minority busines: This firm is-, is no a woman-owned bi WOMAN-OWNED BUSINESS: A wom; business is a business of which at least 51 F owned, controlled and operated by a woman o Controlled is defined as exercising the power policy decisions. Operation is defined as involved in the day-to-day management. YES NO L DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTION CONTRACTOR: defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific LICENSE NUMBER: Americans (Le., US. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, TAXPAYERS 1.0- NO. Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). C ERTl FlCATlO N : The information furnished is certified to be factual and correct as of the date submitted. 1 CLASSIFICATiON(S): a Qm I. I aS 1/08/98 Contract No. 3615 Page 37 of 63 1 1 1 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbac address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "Ci whose ad( hereinaftc i 'Contractor" and whose ad( her 1 called "Escrow Agent." I. For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fc I. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Califc contractor has the option to deposit securities with the Escrow Agent as a substitute for earnings required to be withheld by the City pursuant to the Construction Contract entc between the City and Contractor for The Split Pavilion Demolition, Contract No. 361 5, in the of dated (hereinafter referred to "Contract"). Alternatively, on written request of the contractor, the City shall make paymen retention earnings directly to the escrow agent. When the Contractor deposits the securii substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under these sections in an amount not I $100,000 per contract. The market value of the securities at the time of the substitution SI least equal to the cash amount then required to be withheld as retention under the term contract between the City and Contractor. Securities shall be held in the name , and shall designate the Contractor as the t owner. 2. The City shall make progress payments to the Contractor for such funds which otherwi! be withheld from progress payments pursuant to the Contract provisions, provided that the Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the escrow agent, the agent shall hold them for the benefit of the contractor until such time as the escrow creatc this contract is terminated. The contractor may direct the investment of the payments into sc All terms and conditions of this agreement and the rights and responsibilities of the parties equally applicable and binding when the City pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by thc Agent in administering the Escrow Account and all expenses of the City. These exper payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrov interest earned on that interest shall be for the sole account of Contractor and shall be s withdrawal by Contractor at any time and from time to time without notice to the City. 1 I ' I I 1 1 I I I R *= I. 1 p,s 1/08/98 Contract No. 3615 Page 38of6 1 I I 1 1 I I 1 I. 1 1 I 1 1 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow only by written notice to Escrow Agent accompanied by written authorization from City to the Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contraci 7. The City shall have a right to draw upon the securities in the event of default by the Coi Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrc shall immediately convert the securities to cash and shall distribute the cash as instructe City. 8. Upon receipt of written notification from the City certifying that the Contract is final and ( and that the Contractor has complied with all requirements and procedures applicabli Contract, the Escrow Agent shall release to Contractor all securities and interest on dep escrow fees and charges of the Escrow Account. The escrow shall be closed immediati disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contractor to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Agent harmless from Escrow Agent's release, conversion and disbursement of the secur interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive writtt on behalf of the City and on behalf of Contractor in connection with the foregoing, and exer their respective signatures are as follows: For City: Title 0 1 Name Signature i Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name I Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escn a fully executed counterpart of this Agreement. e= I. I p,s 1/08/98 Contract No. 3615 Page 39of6 1 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper office1 date first set forth above. 1 For City: Title Name Signature I. 1 1 D I I 1. 1 I 1 I 1 1 1 I Address For Contractor: For Escrow Agent: Title Name L Signature Address em I. 1 $# 1/08/98 Contract No. 361 5 Page 40of€ 1 I 1 1 I 1 1 I 1 1 II I il SPECIAL PROVISIONS FOR THE SPLIT PAVILION DEMOLITION CONTRACT NO. 3615 I. SUPPLEMENTAL PROVISIONS TO i STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUC; PART I, GENERAL PROVISIONS 1 SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMB 1-1 TERMS Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scl or words of similar import are used, it shall be understood that reference is made to t accompanying these provisions, unless stated otherwise. 10 Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar ir used, it shall be understood that the direction, designation or selection of the Engineer is unless stated otherwise. The word "required" and words of similar import shall be unde mean "as required to properly complete the work as required and as approved by the E unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", words of similar import are used, it shall be understood such words are followed by the el "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "2 "acceptance", or words of similar import are used, it shall be understood that the acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contract expense, shall perform all operations, labor, tools and equipment, and further, incli furnishing and installing of materials that are indicated, specified or required to mean Contractor, at its expense, shall furnish and install the work, complete in place and read including furnishing of necessary labor, materials, tools, equipment, and transportation. 4- I. 1 p,s 1/08/98 Contract No. 3615 Page 41 of€ i 8 1 I 1 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be ex( defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or hidher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Mar claims submitted by the Contractor. The City Manager is the last appeal level for informal resolution. Engineer - the City Engineer of the City of Carlsbad or hidher approved representative. ‘ Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the Own Organization - When used in Section 2-3.1 - Employees of the Contractor who a directed, supervised and paid by the Contractor to accomplish the completion of the Work. such employees have their employment taxes, State disability insurance payments, S Federal income taxes paid and administered, as applicable, by the Contractor. When Section 2-3.1 ”own organization” means construction equipment that the Contractor owns c and uses to accomplish the Work. Equipment that is owner operated or leased equipmen operator is not part of the Contractor‘s Own Organization and will not be included for the p~ compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator who is employed by neither the Contractor nor a subcontractor and is neither an agent or e of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of ai informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract admit and first level for informal dispute resolution. Project Manager - the City Engineer of the City of Carlsbad or his approved representative Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal foi dispute resolution. 0 1 1 Contract Price bid. i 1 1 a i I 1 I 1 I B e= 1. Page 42of6 1 $? 1/08/98 Contract No. 3615 1 I 1 I 1 I 1 i I I 1 1 i I I I SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions I the Contractor to complete 50 percent of the contract price with its own organization, the may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 pt the value of the work performed in excess of 50 percent of the contract price by other Contractor's own organization. The City Council shall be the sole body for determinati violation of these provisions. In any proceedings under this section, the prime contractor entitled to a public hearing before the City Council and shall be notified ten (10) days in adi the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first p: having to do with a surety being listed in the latest revision of U.S. Department of Treasury 570. Modify Paragraphs three and four to read: The Contractor shall provide a performance/warranty bond and payment bond (labor and materials bond) for this contra faithful performance/warranty bond shall be in the amount of 100 percent of the contract p the payment bond shall be in the amount of 50 percent of the contract price. Both bor extend in full force and effect and be retained by the Agency during this project until i released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount after recordation of the Notice of Completion and will remain in full force and effect for the ( warranty period and until all warranty repairs are completed to the satisfaction of the Engine€ The payment bond shall be released six months plus 30 days after recordation of the P Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and ai to transact the business of insurance in California and whose assets exceed their liabiliti amount equal to or in excess of the amount of the bond. The bonds are to contain the ' documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, 2) A certified copy of the certificate of authority of the insurer issued by the insurance commi If the bid is accepted, the Agency may require a financial statement of the assets and liabiliti insurer at the end of the quarter calendar year prior to 30 days next preceding the dal execution of the bond. The financial statement shall be made by an officer's certificate as d Section 173 of the Corporations Code. In the case of a foreign insurer, the financial staterr be verified by the oath of the principal officer or manager residing within the United States. 1 instrument entitling or authorizing the person who executed the bond to do so. em 1. i aS 1/08/98 Contract No. 3615 Page 43of6: 1 I 1 1 I I I I I 1 1 I I I 2-5 PLANS AND SPECIFICATIONS. 0 2-5.1 General, add the following: The specifications for the work include the 2 SDecifications for Public Works Construction (1 997 Edition. and the 1998 surmlernents hereinafter designated "SSPWC", as issued by the Southern California Chapter of the f Public Works Association, and as amended by the Special Provisions section of this contracl The demolition and construction plans consist of three (4) sheets Drawing No. 371 -4 2-5.3.3 Submittals, add the following: When submitted for the Engineer's review, Shop C shall bear the Contractor's certification that he has reviewed, checked, and approved tl Drawings and that they are in conformance with the requirements of the Contract Documer Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that pro be incorporated into this Project, is in compliance with the Contract Documents, can be in: I I the allocated space s submitted for approval. Title: Company Name: d *C,BLUCL, \kl rr cr,tJa- -* Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete record set of blue-line prints, which shall be corrected in red daily and show every change original drawings and specifications and the exact "as-built" locations, sizes and kinds of ec underground piping, valves, and all other work not visible at surface grade. Prints for this may be obtained from the Agency at cost. This set of drawings shall be kept on the job anc used only as a record set and shall be delivered to the Engineer upon completion of tt- Payment for performing the work required by section 2-5.4 shall be included in various bid il no additional payment will be made therefor. 10 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall nc permanent survey monuments or benchmarks without the consent of the Engineer. VI Engineer concurs, in writing, with the Contractor that protecting an existing monument ir impractical, the Contractor shall employ a licensed land surveyor to establish the locatil monument before it is disturbed. The Contractor shall have the monument replaced by E land surveyor no later than thirty (30) days after construction at the site of the replac completed. The Licensed Land Surveyor shall file corner record(s) as required by $5 I 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in permanent survey monument is located, the Contractor shall adjust the monument frame E to the new grade. Monument frames and covers shall be protected during street sealing o projects or be cleaned to the satisfaction of the Engineer. e- I. 1 %@ 1/08/98 Contract No. 3615 Page 44 of E 1 I 1 I I I I 1 I I I I I 1 1 2-9.3 Survey Service, substitute the following: The Contractor shall hire and pay for the of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform necessary for establishing control, construction staking, records research and all other si work necessary to construct the work, provide surveying services as required herein and surveying, drafting and other professional services required to satisfy the requirements oft Surveyors Act. Surveyor shall be resident on the site during all surveying operations a personally supervise and certify the surveying work. Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conforr requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade s the Engineer before commencing work in the area affected by the grade sheets. The Contrac submit field notes for all surveying required herein to the Engineer within ten days of perfori survey. All surveying field notes, grade sheets and survey calculations shall be submitted i form on 8'4" by 11" paper. The field notes, calculations and data shall be clear and comp name of field party chief, field crew members, preparer, date of observation or cal consecutive page numbers and shall be readable without resort to any electronic aid, c program or documentation for any computer program. The field notes shall be pre conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record c prepared and filed in conformance with §§ 8700 - 8805 of the State of California Busir Professions Code showing all SDRS M-IO monuments set. The record of survey shall : location and justification of location of all permanent monuments set and their relation to tl right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer i intervals as measured along the project stationing unless a lesser interval is specified herein sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points al crown lines where no median exists. Large slopes shall have line point set to aid in constr the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement a curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate basc roadway section. The stakes shall be set at edge of pavement and top of curbs. Finish L stakes for the aggregate base for the roadway section shall be at %-foot intervals at pavement and top of curbs and crown line where no median exists. Intermediate stakes edge of pavement and top of curb shall be set at 15-foot intervals by the surveyor. Finish a subbase and aggregate base grade stakes shall be at 25-foot intervals at top of curb, pavement, and all crown lines and grade breaks. Intermediate stakes between edge of F and top of curb shall be set at 15-foot intervals. Storm drain staking shall be done i intervals. Catch basins shall be staked at centerline and each end of the local dep Curbskurbs and gutter shall be staked at 25-foot intervals, center line of driveways, and 114 delta on returns. Fills to finish grade at &foot intervals by the paving pass width shall be p the pavement prior to placing each lift of asphalt on variable thickness pavement overlays leveling courses. Intersections showing specific finished asphalt grids shall be painted per Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal where the curb is not being built as a part of this contract. Surveyor shall mark the remc and limits of work line shown on the plans. The markings shall consist of continuous paintec asphalt and concrete surfaces and red flagged or painted laths spaced on centers no n twenty-five feet on unimproved areas. The markings shall be completed by Surveyor and i and approved by the Engineer before the start of construction in the area marked. C monuments shall be laid out, their disk stamped, and a Record of Survey satisfactory to the filed with the County in accordance with the Professional Land Surveyors Act. Water and s stakes shall be set at 25-foot intervals with offsets referencing the top and centerline of pip€ *= I rrs 1/08/98 Contract No. 3615 Page 45 of 6 0 ' 1 @ ' I I I I li I I I a I 1 I I I I line and laterals. For all pipeline work the pipe and each access hole, pipe material changc connection, fitting, appurtenance, or hydrant location with elevations shall be staked and 1 with grade stakes designating the offset of the reference point, station, elevation of referenl cut (or fill) and feature of pipe that is referenced. Habitat mitigation sites and other arei preserved that are shown on the plans shall be staked and flagged at 25 foot intervals prir start of any other activities within the limits of the work. Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work additional payment will be made. Extension of unit prices for extra work shall inc compensation for attendant survey work and no additional payment will be made therefor. I for the replacement of disturbed monuments and the filing of corner records shall be inciden work necessitating the disturbance of said monuments and no additional payment will t 0 I therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall provide copies of all record Contractor’s or subcontractor‘s possession pertaining to the work that the Engineer may reqi Add the following section: 2-1 0.2 Audit And Inspection, Contractor agrees to maintain and/or make availabk Engineer, within San Diego County, accurate books and accounting records relative activities. The Engineer shall have the right to monitor, assess, and evaluate Coi performance pursuant to this Agreement, said monitoring, assessments, and evaluations tc but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and ir of Contractor’s staff. At any time during normal business hours and as often as the Engir deem necessary, upon reasonable advance notice, Contractor shall make available to the for examination, all of its records with respect to all matters covered by this Contract and VI the Engineer to audit, examine, copy and make excerpts or transcripts from such data and and to make audits of all invoices, materials, payrolls, records of personnel, and other dati to all matters covered by this Contract. However, any such activities shall be carried out in i so as to not unreasonably interfere with Contractor’s ongoing business operations. Contra maintain such data and records for as long as may be required by applicable laws and regul 1 0 SECTION 3 -- CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease i Bid Item, the use of this basis for the adjustment of payment will be limited to that porti change, which together will all previous changes to that item is not in excess of 25 perct total cost of such item based on the original quantity and Contract Unit Price. Adjustments of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Wor 4, I. I w 1/08/98 Contract No. 361 5 Page 46ofE I I I I 1 1 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regar ownership, the rates and right-of-way delay factors to be used in determining rental and del shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CAL current at the time of the actual use of the tool or equipment. The right-of-way delay factor2 shall be used as multipliers of the rental rates for determining the value of costs for dela Contractor and subcontractors, if any, The labor rates published therein are not a par contract. 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSP replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contracto and shall constitute the markup for all overhead and profits: 't) Labor ................................... 20 2) Materials 15 3) Equipment Rental ................... 15 I 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, I percent shall be a 1 compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is perform1 Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor cost of such work. A markup of IO percent on the first $5,000 of the subcontracted portic extra work and a markup of 5 percent on work added in excess of $5,000 of the subcc portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment work will not be made until such time that the Contractor submits completed daily report! supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete pi five (5), and add the following: The Contractor shall not be entitled to the payment of any 2 compensation for any act, or failure to act, by the Engineer, including failure or refusal tc change order, or for the happening of any event, thing, occurrence, or other cause, unless have first given the Engineer due written notice of potential claim as hereinafter sp Compliance with this section shall not be required as a prerequisite to notice provisions ir 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measur errors of computation as to contract quantities. The written notice of potential claim for conditions shall be submitted by the Contractor to the Engineer upon their discovery and pr time that the Contractor performs the work giving rise to the potential claim. The Contracto to give written notice of potential claim for changed conditions to the agency upon their ( and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a descriptic particular circumstances giving rise to the potential claim, the reasons for which the C believes additional compensation may be due and nature of any and all costs involvl 20 working days of the date of service of the written notice of potential claim for changed cc Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False CI Government Code Sections 12650-1 2655. ............................. I I 0 I I 1 1 I I 1 I 0 4- I \? 1/08/98 Contract No. 3615 Page 47of6 1 1 1 I 1 I B I a 3. Principal Inspector 1 li 1 I I 1 I “The undersigned certifies that the above statements are made in full cognizance of the C False Claims Act, Government Code sections 12650-12655. The undersigned further undt and agrees that this potential claim, unless resolved, must be restated as a claim in respon5 City’s proposed final estimate in order for it to be further considered.’’ The Contractor’s estimate of costs may be updated when actual costs are known. The Cc shall submit substantiation of its actual costs to the Engineer within 20 working days i affected work is completed. Failure to do so shall be sufficient cause for denial of ar subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virti contract be brought to the attention of the Engineer at the earliest possible time in order tf matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written I potential claim prior to commencing any disputed work. Failure to give said notice shall cor waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding wit1 resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the c( shall attempt to resolve all disputes informally through the following dispute resolution command: 1. Project Inspector 2. Senior Inspector 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completio disputed work stating its position on the claim, the contractual basis for the claim, alonc documentation supporting the costs and all other evidentiary materials. At each level of appeal of claim the City will, within 10 working days of receipt of said claim or appeal of clair the Contractor’s report and respond with a position, request additional information or reques Contractor meet and present its report. When additional information or a meeting is requc City will provide its position within 10 working days of receipt of said additional inforr Contractor’s presentation of its report. The Contractor may appeal each level’s position up tc Manager after which he may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a r to a claim to the City Manager. Actual approval of the claim is subject to the change order I: in the contract. * I I e= I. II p,s 1/08/98 Contract No. 3615 Page 48of6 1 I I I I I 8 1 1 1 I 1 I 1 All claims by the contractor for $375,000 or less shall be resolved in accordance with the pro in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with 201 04) which is set forth below: 1 ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five tt dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractc public agency when the public agency has elected to resolve any disputes pursuant to Ar (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code that "public work" does not include any work or improvement contracted for by the stat Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pa! money or damages arising from work done by, or on behalf of, the contractor pursuar contract for a public work and payment of which is not otherwise expressly provided fc claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or spec for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate tt Claims must be filed on or before the date of final payment. Nothing in this subdivision is inti extend the time limit or supersede notice requirements otherwise provided by contract for tht claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall re writing to any written claim within 45 days of receipt of the claim, or may request, in writing, days of receipt of the claim, any additional documentation supporting the claim or re defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuz subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be sub the claimant within 15 days after receipt of the further documentation or within a period o greater than that taken by the claimant in producing the additional information, whichever is 1 (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three seventy-five thousand dollars ($375,000), the local agency shall respond in writing to a claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of I the claim, any additional documentation supporting the claim or relating to defenses to the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursu: subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be sut the claimant within 30 days after receipt of the further documentation, or within a period c greater than that taken by the claimant in producing the additional information or r documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails tc within the time prescribed, the claimant may so notify the local agency, in writing, eitt 15 days of receipt of the local agency's response or within I5 days of the local agency's respond within the time prescribed, respectively, and demand an informal conference to confer for settlement of the issues in dispute. Upon a demand, the local agency shall s( QW I p,s 1/08/98 Contract No. 3615 Page 49ofE I u 0 I 0 1 1 I I I I 1 I 1 I 1 I I meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in disp claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and CI (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Cc purposes of those provisions, the running of the period of time within which a claim must shall be tolled from the time the claimant submits his or her written claim pursuant to subdiv until the time that claim is denied as a result of the meet and confer process, including any F time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor I construed to change the time periods for filing tort claims or actions specified by Ch (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claim: to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, 1 shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both The mediation process shall provide for the selection within 15 days by both parti disinterested third person as mediator, shall be commenced within 30 days of the submi shall be concluded within 15 days from the commencement of the mediation unless requirement is extended upon a good cause showing to the court or by stipulation of both 1: the parties fail to select a mediator within the 15-day period, any party may petition the appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration put Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Prc notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (1 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedi apply to any proceeding brought under the subdivision consistent with the rules pertaining t arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators a for purposes of this article shall be experienced in construction law, and, upon stipulatic parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of p exceed their customary rate, and such fees and expenses shall be paid equally by the except in the case of arbitration where the arbitrator, for good cause, determines a different In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .lo) Title 3 of Part 3 of the Cod Procedure, any party who after receiving an arbitration award requests a trial de novo but obtain a more favorable judgment shall, in addition to payment of costs and fees under that pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mec 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is ur except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal ra arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed I @ g a i arbitration process. I of law. em I. I p,# 1/08/98 Contract No. 361 5 Page 50ofE 1[ i I 1 1 I B SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free ai access to any and all parts of work at any time. Contractor shall furnish Engineer wil information as may be necessary to keep the Engineer fully informed regarding progre manner of work and character of materials. Inspection or testing of the whole or any portioi work or materials incorporated in the work shall not relieve Contractor from any obligation this Contract. 4-1.4 Test of Materials, add the following: Except as specified in these Special Provisi Agency will bear the cost of testing materials and/or workmanship where the results of SL meet or exceed the requirements indicated in the Standard Specifications and the Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approve before the delivery is started. All materials proposed for use may be inspected or tested at during their preparation and use. If, after incorporating such materials into the Work, it is fc sources of supply that have been approved do not furnish a uniform product, or if the proc any source proves unacceptable at any time, the Contractor shall furnish approved mate other approved sources. If any product proves unacceptable after improper storage, handli any other reason it shall be rejected, not incorporated into the work and shall be removed project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or ex requirements of the specifications shall be borne by the Agency. Said tests may be mac place along the work as deemed necessary by the Engineer. The costs of any retes necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the sub is determined to be unsatisfactory in performance, durability, compatibility with associate1 availability of repair parts and suitability of application the Contractor shall remove the SUI item and replace it with the originally specified item at no cost to the Agency. 1. 1 10 I 1 I I 1 B 1 I SECTION 5 -- UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a known records, endeavored to locate and indicate on the Plans, all utilities which exist ! limits of the work. However, the accuracy andlor completeness of the nature, size and/or I( utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caus failure of other parties to relocate utilities that interfere with the construction, the Contrac request to the Engineer, may be permitted to temporarily omit the portion of work affectc utility. Such omission shall be for the Contractor’s convenience and no additional compen: be allowed therefor. The portion thus omitted shall be constructed by the Contractor im following the relocation of the utility involved unless otherwise directed by the Engineer. 5-6 COOPERATION. Add the following: Contractor shall coordinate with the City’s F Recreation department for salvaging of existing equipments. 0 em Page 51 of € I p,@ 1/08/98 Contract No. 3615 1 I I I 1 3 I I 1. i i i I 1 SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subseci and substitute the following: The Contractor shall begin work within 5 calendar days after re the “Notice to Proceed”. Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engi set the time and location for the Preconstruction Meeting. Attendance of the Cor management personnel responsible for the management, administration, and executior project is mandatory for the meeting to be convened. Failure of the Contractor to h Contractor’s responsible project personnel attend the Preconstruction Meeting will be gro default by Contractor per section 6-4. No separate payment will be made for the Cor attendance at the meeting. The notice to proceed will only be issued on or after the comF the preconstruction meeting. Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall and submit to the Engineer a chart showing individual tasks and their durations arranged tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differin patterns or distinctive line types to show the critical path. Add the following section: 6-1 2.1 0.1 “Accepted.” The Contractor may proceed with the project work upon issuan Notice to Proceed. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks l durations arranged with the tasks on the vertical axis and duration on the horizontal axis. chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s pre revision and maintenance of the Construction Schedule are incidental to the work and no payment will be made therefor. I. I 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equip1 materials, and performing all operations necessary to complete the Project Work as shov Project Plans and as specified in the Specifications. The work includes: I. Upon notice to proceed, the contractor shall order the Anodized aluminum railing. C shall not start demolition work until 20 working days prior to the delivery date of the aluminum railing. 2. Disconnect power 8t water to the site 3. Erect construction area safety sheeting and secure the construction area.. I e- I. 1 p,s 4/08/98 Contract No. 3615 Page 52 oft 1 I I I 1 I I R II 1 1 I 1 1 1 4. Demolish and dispose concrete structures per plan. when a portion of sidewalk on C Boulevard is removed the contractor shall maintain sidewalk pedestrian access at all t sheeting or the contractor may postpone the removal of a section of the sidewalk on ( boulevard until one day prior to pouring of the concrete sidewalk. 5. Grade the site and dispose excess material off site, fill and compact shallow pools to 909 6. Construct 6” decomposed granite per plan. 7. Construct concrete walkways and sidewalk on Carlsbad boulevard. The contractor shal 24-hour security after the concrete slabs are poured. 8. Remove existing safety railing adjacent to the bluff and install new railing. 9. Remove safety sheeting, clean the site and open area to public. Add the following section: 6-2.2.5 Weekend Work. project. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of (weekly Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. Th Representative shall be the individual determined under section 7-6, “The Coi Representative”, SSPWC. No separate payment for these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide writtc to the Engineer within two hours of the beginning of any period that the Contractor has pli workers or equipment on standby for any reason that the Contractor has determined to bc by the Agency or by any organization that the Agency may otherwise be obligated Contractor shall provide continuing daily written notice to the Engineer, each work throughout the duration of such period of delay. The initial and continuing written noti1 include the classification of each workman and supervisor and the make and model of eact equipment placed on standby, the cumulative duration of the standby, the Contractor’s o the cause of the delay and a cogent explanation of why the Contractor could not avoid the reasonable means. Should the Contractor fail to provide the notice@) required by this SP Contractor agrees that no delay has occurred and that it will not submit any claim(s) theref 6-7 TIME OF COMPLETION. Add the following: The contractor shall complete all work c workincl davs from the date specified in the Notice to Proceed. 6-7.2 Working Day. the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Monday! Fridays, excluding Agency holidays. The Contractor shall obtain the written approv Engineer if the Contractor desires to work outside said hours or at any time during weeken holidays. This written permission must be obtained at least 48 hours prior to such v, Engineer may approve work outside the hours and/or days stated herein when, in hi5 opinion, such work conducted by the Contractor is beneficial to the best interests of the Agc Contractor shall pay the inspection costs of such work. I Weekend, holiday and after hours work will not be allowec 1 0 Add the following: Unless otherwise approved in writing by the 4- I. 1 r,@ 1/08/98 Contract No. 3615 Page 53oft i i 1 1 I I I 1 I I 1 I 1 I 1 6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for year after recordation of a "Notice of Completion" and any faulty work or materials disc during the warranty period shall be repaired or replaced by the Contractor, at its ex1 Twenty-five percent of the faithful performance bond shall be retained as a warranty bond 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first 5 of the second paragraph and add the following: For each consecutive calendar day in e the time specified for completion of demolition and construction work, as adjusted in accorda 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five ($500) as liquidated damages if Execution of the Contract shall constitute agreement by the Agency and Contractor thi Dollars) per day is the minimum value of costs and actual damages caused by the Cont complete the Work within the allotted time. Any progress payments made after the ! completion date shall not constitute a waiver of this paragraph or of any damages. @ 1 one year warranty period. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insL have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized tc business in the state of California and are listed in the official publication of the Depai Insurance of the State of California. 7-4 WORKERS COMPENSATION INSURANCE. Add the following: All insurance is to t with insurers that are admitted and authorized to conduct business in the state of Californiz listed in the official publication of the Department of Insurance of the State of California. issued by the State Compensation Fund meet the requirement for workers' compensation in 7-5 PERMITS. Modify the first sentence to read: Except as specified herein the agency w at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits n to perform work for this contract on Agency property, in streets, highways (except State right-of-way), railways or other rights-of-way. Contractor shall not begin work until al incidental to the work are obtained. The Contractor shall obtain and pay for all permit disposal of all materials removed from the project. The cost of said permit@) shall be incluc price bid for the appropriate bid item and no additional compensation will be allowed therefo 1 0 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility cl during the relocation or construction of their lines. The Contractor may be granted a time if, in the opinion of the Engineer, a delay is caused by the utility company. No compensation will be made to the Contractor for any such delay. 4- I* 1 t$ 1/08/98 Contract No. 3615 Page 54of( 1 i i 1 I 1 I I I I 1 I I 1 1 I 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control require1 shall also be executed on weekends and other non-working days when needed to prest health safety or welfare of the public. The Contractor shall conduct effective cleanup a control throughout the duration of the Contract. The Engineer may require increased 11 cleanup and dust control that, in hidher sole discretion, are necessary to preserve the healtl and welfare of the public. Cleanup and dust control shall be considered incidental to the work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall ( construction meter for water used for the construction, plant establishment, maintenance, ( testing and all other work requiring water related to this contract. The Contractor shall COI appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be co incidental to the items of work that they are associated with and no additional payment will I therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be E with mufflers in good repair when in use on the project with special attention to the City Noisc Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-1 0.3 Street Closures, Detours, Barricades, Add the following: Traffic controls sh accordance with the plans, Chapter 5 of the California Department of Transportation "N Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffi system is displaced, or ceases to operate or function as specified, from any cause, dl progress of the work, the Contractor shall immediately repair said component to its original or replace said component and shall restore the component to its original location. In the e the Contractor fails to install and/or maintain barricades or such other traffic signs, r delineation or devices as may be required herein, the Engineer may, at hidher sole option, i traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($21 day per traffic sign or device, or the actual cost of providing such traffic control facility, whii the greater. Add the following section: 7-1 0.3.1 Construction Area Signs. Warning and advisory signs, lights and devices in! placed to provide traffic control, direction and/or warning shall be furnished, installed, mainta removed by the Contractor when no longer required. Care shall be used in performing excai signs in order to protect underground facilities. Warning and advisory signs that remain overnight shall be stationary mounted signs. Stationary signs that warn of non-existent c shall be removed from the travelled way or shielded from the view of the travelling public du periods that their message does not pertain to existing conditions. All excavation required stationary construction area signs shall be performed by hand methods without the use equipment. Warning and advisory signs that are used only during working hours may be signs. Portable signs shall be removed from the travelled way and shielded from the vi1 travelling public during non-working hours. 7-10 PUBLIC CONVENIENCE AND SAFETY. I @ em 1. I p,s 1/08/98 Contract No. 3615 Page 55ofE I I 6 B I I I I I I I I I 1 During the hours of darkness, as defined in Division 1, Section 280, of the California Vehic portable signs shall be illuminated or, at the option of the Contractor, shall be in conforma the provisions in Section 12-3.068, “Portable Signs”, of the CALTRANS Standard Specifics Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized she aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retror sheeting signs; or equal. Stationary mounted signs used for traffic control during construction of the Work shall be ins break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadsic except as follows: (a) Back braces and blocks for sign panels will not be required. (b) The height to the bottom of the sign panel above the edge of traveled way shall be 2.1 m. (c) Construction area sign posts may be installed on above ground temporary platfc supports as approved by the Engineer, or the signs may be installed on existing lighting star other supports as approved by the Engineer. (d) When construction area signs are installed on existing lighting standards, holes shs made in the standards to support the sign. (e) The post embedment shall be 0.8-rn if post holes are backfilled around the PC 500-C-2500 concrete. (9 When break-away sign posts (SDRS M-45) are used one post shall be provided for eac square meters of sign area. For wood posts post size and number of posts shall be as shown on CALTRANS Standard F 2. Lumber for wood posts shall be as for sight posts. Sign panels for stationary mounted signs shall conform to the requirements of Section “Reflective Sheeting Aluminum Signs”, and the following: (a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axi diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless ( specified. (b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminur Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS. (c) Sign panel fastening hardware shall be commercial quality. Each portable sign shall consist of a base, standard or framework and a sign panel. The L be capable of being delivered to the site of use and placed in immediate operation. Sign 1 portable signs shall conform to the requirements of sign panels for stationary mounted 206-7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, c fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be us1 the hours of darkness. Size, color, and legend requirements for portable signs shall be as ( for stationary mounted sign panels in Section 206-7, “Reflective Sheeting Aluminum Sig height to the bottom of the sign panel above the edge of traveled way shall be at least 0 parts of the sign standard or framework shall be finished with 2 applications of an orang which will match the color of the sign panel background. Testing of paint will not be ret portable signs are displaced or overturned, from any cause, during the progress of the Contractor shall immediately replace the signs in their original locations. 0 I I I em I. I p,s 1/08/98 Contract No. 361 5 Page 56off I I I E I 1 I I I I I I I I Add the following section: 7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-10 SSPWC "Public Conk and Safety." Nothing in these Special Provisions shall be construed as relieving the Contra( its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than F delineators are used during the hours of darkness, they shall be affixed or covered with r cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves seven (7) inches long. The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment w (2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be m from the closest approach of any part of the equipment as it is operated and/or maneu performing the work. This requirement may be waived when the Engineer has giver authorization to the reduction in clearance that is specific to the time, duration and location waiver or for the work of installing, maintaining and removing traffic control devices. As a c of such waiver the Engineer may require the Contractor to detour traffic, adjust the wid realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. Personal vehicles of the Contractor's employees shall not be parked within the travel including any section closed to public traffic. Whenever vehicles or equipment are parke shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluoresce cones or portable delineators placed on a taper in advance of the parked vehicles or equipr along the edge of the pavement at 25-foot intervals to a point not less than 25 feet pas1 vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be moun telescoping flag tree with flags. The flag tree shall be placed where directed by the Engir construction traffic control devices shall be maintained in good order and according to throughout the duration of work. During the entire construction, a minimum of two pavc lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each dir travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists o traffic lanes in accordance with the details shown on the plans, CALTRANS "Manual ( Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responi provide such additional devices or take such measures as may be necessary to mainta safety. When lanes are closed for only the duration of work periods, all components of the traff system, except portable delineators placed along open trenches or excavation adjacei traveled way, shall be removed from the traveled way and shoulder at the end work peric Contractor so elects, said components may be stored at selected central locations, approvc Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During tra' operations, traffic shall be controlled with lane closures, as provided for under "Traffic System for Lane Closure" of these Special Provisions or by use of an alternative traffic COI proposed by the Contractor and approved by the Engineer. The Contractor shall not st striping operations using an alternative plan until he has submitted its plan to the Engineer received the Engineer's written approval of said plan. 1 u 0 4 ew I. I rr# 1/08/98 Contract No. 3615 Page 57of6 I I I I I I I I 1 I I I I I Add the following section: 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be fu placed, maintained and removed in accordance with the minimum standards specified in C, of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work obliteration of pavement delineation, temporary or permanent pavement delineation shall be prior to opening the traveled way to public traffic. Lane line or centerline pavement delineat be provided at all times for traveled ways open to public traffic. All work necessary, incluc required lines or marks, to establish the alignment of temporary pavement delineation performed by the Contractor. When temporary pavement delineation is removed, all lines ar used to establish the alignment of the temporary pavement delineation shall be removed by j Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose Temporary pavement delineation shall not be applied over existing pavement delineation temporary pavement delineation. Temporary pavement delineation shall be maintair superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engir temporary pavement delineation conflicts with the permanent pavement delineation or wi traffic pattern for the area and is no longer required for the direction of public traffic temporary pavement delineation is required to be removed, all lines and marks used to esk alignment of the temporary pavement delineation shall be removed. The Contractor shall prepare and correct TCP and shall furnish all labor and materials to install, maintain, replace and remove all traffic control as incidentals to the work with which associated and no other compensation will be allowed therefor. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all n precautions for the safety of employees on the work and shall comply with all applicable pro Federal, State and Municipal safety laws and building codes to prevent accidents or injury tc on, about, or adjacent to the premises where the work is being performed. The Contra erect and properly maintain at all times, as required by the conditions and progress of the necessary safeguards for the protection of workers and public, and shall use danger sign: against hazards created by such features of construction as protruding nails, hoists, well h falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect include Chapter 11.06. Excavation and Grading. If this notice specifies locations or materials, such as borrow pits or gravel beds, for use in the proposed construction proj would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the ( established pursuant to Section 1601 et seq. of the Fish and Game Code shall become cor the contract. 0 I 1 I 0 e= lo I rr@ 1/08/98 Contract No. 361 5 Page 580f I I SECTION 9 -- MEASUREMENT & PAYMENT 9-3 PAYMENT. 9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each mo Engineer will make an approximate measurement of the work performed to the closure basis for making monthly progress payments. The estimated value will be based on conti prices, completed change order work and as provided for in Section 9-2 of the S Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calenc after the closure date. Five (5) working days following the closure date, the Engineer shall cj the detailed progress pay estimate and submit it to the Contractor for his information. Shc Contractor assert that additional payment is due, the Contractor shall within ten (IO) days o of the progress estimate, submit a supplemental payment request to the Engineer with ai justification supporting the amount of supplemental payment request. Upon receipt Supplemental payment request, the Engineer shall, as soon as practicable after receipt, de whether the supplemental payment request is a proper payment request. If the E determines that the supplemental payment request is not proper, then the request shall be r to the Contractor as soon as practicable, but not later than seven (7) days after rece returned request shall be accompanied by a document setting forth in writing the reasons supplemental payment request was not proper. In conformance with Public Contract Code 20104.50, the City shall make payments within thirty (30) days after receipt of an undispi properly submitted supplemental payment request from the Contractor. If paymenl undisputed supplemental payment request is not made within thirty (30) days after receiF Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate sei subdivision (a) of Section 685.010 of the Code of Civil Procedure. 9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency Shi 10 percent of such estimated value of the work done and 10 percent of the value of matt estimated to have been furnished and delivered and unused or furnished and stored as a as part security for the fulfillment of the contract by the Contractor, except that at any til 20 percent of the work has been completed, if the Engineer finds that satisfactory progress made, the Agency may reduce the total amount being retained from payment pursuant to th requirements to 5 percent of the total estimated value of said work and materials and n reduce the amount retained from any of the remaining partial payments to 5 percen estimated value of such work and materials. In addition, on any partial payment ma 95percent of the work has been completed, the Agency may reduce the amount withhc payment pursuant to the requirements of this Section to such lesser amounts as the E determines is adequate security for the fulfillment of the balance of the work and other requ' of the contract, but in no event will said amount be reduced to less than 125 percer estimated value of the work yet to be completed as determined by the Engineer. Such redu only be made upon the written request of the Contractor and shall be approved in writin surety on the Performance Bond and by the surety on the Payment Bond. The approv surety shall be submitted to the Engineer; the signature of the person executing the approv surety shall be properly acknowledged and the power of attorney authorizing him to g consent must either accompany the document or be on file with the Agency. 9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspc Engineer will make a Final Payment Estimate and process a corresponding payment. Thi: will be in writing and shall be for the total amount owed the Contractor as determinc Engineer and shall be itemized by the contract bid item and change order item with quar payment amounts and shall show all deductions made or to be made for prior payrr amounts to be deducted under provisions of the contract. All prior estimates and progress shall be subject to correction in the Final Payment Estimate. 4- I. 1 I I 1 1 I I 1 1 I I I 1 1 @ 0 1 I tl$ 1/08/98 Contract No. 361 5 Page 59 off I I 1 1 I I I 1 I I m 1 I II I The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate written statement disputing any bid item or change order item quantity or payment amou Contractor shall provide all documentation at the time of submitting the statement suppc position. Should the Contractor fail to submit the statement and supporting documentation v time specified, the Contractor acknowledges that full and final payment has been mad contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned 1 Engineer will review the disputed item within 30 calendar days and make any apl adjustments on the Final Payment. Remaining disputed quantities or amounts not approve Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce basis and amount of said claims. The Engineer will consider and determine the Contractor and it will be the responsibility of the Contractor to furnish within a reasonable time suc information and details as may be required by the Engineer to determine the facts or cor involved in its claims. Failure to submit such information and details will be sufficient c 1 denying the claims. 9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the within 30 calendar days of receipt of Final Payment for all claims for the entire project. No ( be considered that was not included in this written statement, nor will any claim be allowed I written notice or protest is required under any provision of this contract including sect Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has comp notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascf basis and amount of said claims. The Engineer will consider and determine the Contractor and it will be the responsibility of the Contractor to furnish within a reasonable time suc information and details as may be required by the Engineer to determine the facts or co involved in its claims. Failure to submit such information and details will be sufficient c denying the claims. Payment for claims shall be processed within 30 calendar days of receipt of the written stat further information, whichever is longer, for those claims approved by the Engineer. The C shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for tho! remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. into the work will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatc shall be included in various items of work and no additional payment will be made. I The cost of materials and equipment delivered but not incc e1c. I. i %@ 1/08/98 Contract No. 3615 Page 60of6 TECHNICAL SPECIFICATIONS SPLIT PAVILION DEMOLITION e WORK TO BE DONE DEMOLITION OF THE EXISTING IMPROVEMENTS Demolition: This project involves the demolition and disposal of existing columns, reflectivc concrete walls, concrete walks, railing, concrete benches saw cutting of north wall, iri electrical, pull boxes, clearing and grubbing, and subdrains within the perimeter walls, as st- the plans. The North wall from Carlsbad Boulevard to the end of planter shall remain in pla contractor shall protect all improvements to remain in place. The existing decorative pipe rai pipe trellis will be removed by the City crew prior to the construction. The 36” safety fencin! bluff top will be removed and replaced by the contractor. Payment: The contract price bid for the demolition of the split pavilion shall incli compensation for the demolition, saw cutting, excavation and export of the concrete steel. excess soils, and plant material and all other removed and demolished material off the site other payments will be made. Excavation: After the demolition and removal of the debris and landscaping, the Contractoi and compact the planters adjacent to the slope retaining wall, and reflective pools to 90% site soils. The remaining soils within the park shall be graded at 4:l slopes from the sur1 walkway and sidewalks towards the center of the park. Soils against the north wall shall bc at 4:l from 12” below the top of the wall towards the center of the park. Any excess mate be hauled off site. Payment: Payment for excavation shall be included in the price bid for demolition and no a payment will be made. PROTECTION OF THE EXJSTING IMPROVEMENTS The eastern wall stems extend under the existing sidewalks on Carlsbad Boulevard, The 0 shall take all necessary steps to protect the sidewalks from breaking or cracking. Howel sidewalks are damaged during the demolition activities, the contractor shall remove and ref damaged sidewalk panels at the construction joints. The contractor will be allowed to leav of the retaining wall under the sidewalk. But in no case the remaining portion of the st extend beyond the sidewalk. Payment: Payment for the protection, repair or replacement of the existing improvements included in the price paid for the protection of existing improvements and no other compens be made. STAGING AREA The contractor may utilize the existing parking areas on Ocean Street just north of the Split pavilion for staging as shown on the plans. The contractor shall maintain public acce restaurant during the restaurant business hours. 0 e ew %S 1/c18/9Fi Contract No. 3615 Page 61 of E Prior to any demolition, the Contractor shall mark all improvements to be demolished Contractor shall not start demolition until he/she secures the concurrence of the Engineer items to be demolished. PROTECTIVE SHEETING To protect the public and property during the demolition, the contractor shall furnish and erc maintain plywood or other suitable protective sheeting around the area to be demolishec demolished debris found beyond the limits of work must be removed immediately. The cor may utilize 5 feet of sidewalk adjacent to the wall on Carlsbad boulevard for temporary sheeti Payment: Payment for furnishing, erection, maintenance and removal of the protective SI shall be included in the price bid for the construction area protective sheeting and nl compensation will be made. EXPOSED AGGREGATE SIDEWALK The Contractor shall pour two 4x4’ exposed aggregate samples. One sample shall have : aggregate, and one sample with 1” aggregate. Upon approval of one of the samples, the Co must remove both samples and install PCC walkway with the approved aggregate size. PAYMENT: Payment for test samples and security guard services shall be included in the p for 4” exposed aggregate PCC paving and no other compensation will be made. ANODIZED ALUMINUM HANDRAIL * Fabrication a. All anodized aluminum installation and fabrication shall conform to S 0 I- Specification for Public Works Construction, SSPWC, and these provisions: Anodized aluminum handrail shall be square, and shall match existing a aluminum rails on Carlsbad Boulevard just south of Pine Avenue. All COI aluminum railing units shall be anodized after fabrication conforming requirements of the Aluminum Association Standard for Anodized Archi Aluminum Class I Anodic Coating AA-C22-A41. Anodized aluminum connectors shall be extruded aluminum alloy 6063-T6 ar or other non aluminum connectors will not be allowed. Anodized railing design capacity shall be 50 pounds per lineal foot horizonti vertically applied simultaneously. Place metal railing posts normal to profile. The railing shall be adjusted as rec obtain a smooth and uniform profile matching theoretical profile grade. The Contractor shall verify all dimensions in the field prior to railing fabrication Railing expansion joints must be provided as required. b. c. d. e. f. g. e 4,- Q? 1/08/98 Contract No. 3615 Page 62of65 2. Installation a. Saw cut and remove existing galvanized steel pipe rail from top of the short ~i wall. All pipe cuts must be ground flush with the top of the wall : Paint all exposed areas of the pipe with galvanizing paint. Fill the inside of the pipe with concrete and smooth it flush with the top of the u Core 4 inch holes, 12 inch deep and 3 feet on centers in the existing retaining receive the new anodized aluminum posts. No holes smaller than 4" will be ac The railing shall be erected in holes formed by 4" OD schedule 40 galvanizr sleeves provided in the concrete sidewalk to receive the railing posts. The railing shall be erected true to line and grade. Posts and balusters : vertical with the deviation from vertical for the full height of the panel not ex1 1/16 inch. After erecting the railing, any abrasions or exposed aluminum or steel sleevi be repaired in accordance with subsection 21 0.3.5. If galvanized steel sleeve be ground to be flush with the sidewalk, all exposed areas of sleeves shall be with Rust-oleum cold galvanizing compound. 4" Galvanized steel sleeves shall be installed in pre-cored holes by pressing 1 guard rail installer machinary and no hammering will be allowed. a b. c. d. e. f. g. h. 0 3. Submittals a. The Contractor shall submit shop drawings and samples of railing, base plate: connectors for City's approval prior to fabrication. Shop drawings showing detail of anodized aluminum hand railing with cc dimensions. All shop drawings shall be approved and certified by the Contractor that it rr exceeds the requirements of plans and specifications, prior to submittal to the No fabrication shall commence until City approves samples of anodized rail connectors and shop drawings. b. c. d. 4. Measurement and Pavment The installed anodized aluminum railing will be measured by the linear foot from enc along the face of railing, including terminal sections. The price paid per linear foot for anodized railing in place shall include full compens: furnishing all labor materials, tools, and equipment and performing all work invc constructing of the railing and installation of the 4"0.D. steel sleeves. in place, as st the plans and specified herein. 0 em ts 1/08/98 Contract No. 361 5 Page 63of63 28W G.i-sr$ i" j.-- -=-= 4 q--5$z=-- *;? ~ 3 E iL f-i.. 21.5 9 -g- -* z' y a m -J. e. Recording requested by: ) ) CITY OF CARLSBAD 1 ) When recorded mail to: ) ) City Clerk ) City of Carlsbad 1 Carlsbad, CA 92008 1 l~lalsll~ll~lllll k 1200 Carlsbad Village Dr. ) 1999-0269360 Space above this line for Recorder's NOTICE OF COMPLETION Notice is hereby given that: ;. 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, Carlsbac 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed c 1999. 6. The name of the contractor, if any, for such work of improvement is J. Construction Company. 7. The property on which said work of improvement was completed is in the City ( Cmnty cf Sm Diego, Statz of California, and is described as the derno!itioi-! Pavilion, Project No. 361 5. 8. The address of said property is within the limits of the City of Carlsbad. Thp unde:sin,z:ed is Gift'gef cf ihe i3;ieresi ;'r estate &&-j beju\h; /E the ppe;tj; VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Driv , 1999, E above described work as completed and ordered that a Notice of Completion be file California, 92008; the City Council of said City on April 6 I declare under penalty of perjury that the foregoing is true and correct. Executedon April 12 , 1999, at Carlsbad, California. CITY OF CARLSBAD AL.ETHA L. RAUTENKRANZ City Clerk: Exhibit 3