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Home My WebLink AboutValley Crest; 2001-05-16; 3184-2. d :.?-7.c’~,,.T 2 . . RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOG # 2001-0694253 SEP 26s 200I 2t40 PM m1cuu. REmDs m DmiO CouHpl RoMIzDaz’s mu 11472 Space above this line for Recorder’s use. PARCEL NO: 212-010-04 NOTICE OF COMPLETION Notice is hereby given that: -i Ye%... 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on July 31,200l. 6. The name of the contractor, if any, for such work or improvement is Valley Crest Landscape, Inc., a California corporation. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described os follows: maintenance and plant establishment for Cannon Road West Reach 1 Cannon Road Bridge Temporary Impact Area Wetland mitigation/restoration, Project No. 3184-2. 8. The street address of said property is within the limits of the City of Carlsbad. VBRIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on August 21 2001, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 22 ,2001, at Carlsb NOT TO SCALE PROJECT NAME CANNON ROAD WEST PROJECT EXHIBIT WETLAND RESTORATION PROJECT NUMBER 3 184 I CITY OF CARLSBAD San Diego County California OPEN MARKET CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR MAINTENANCE AND PLANT ESTABLISHMENT FOR CANNON ROAD WEST REACH 1 CANNON ROAD BRIDGE TEMPORARY IMPACT AREA WETLAND MITIGATION/RESTORATION CONTRACT NO. 3184-2 9/l l/O0 TARI F WTFNTS 7 CONTRACTOR’S PROPOSAL.. ................................................................................................ .3 DESIGNATION OF SUBCONTRACTORS ................................................................................ .7 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY ................................................... .9 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................ 10 BIDDER’S CERTIFICATE OF INSURANCE.. ........................................................................... 11 BIDDER’S STATEMENT RE: DEBARMENT ............................................................................ 12 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .._................................... 15 CONTRACT -- PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 C SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2 -- -- 9/l 1 /oo CITY OF CARLSBAD, CALIFORNIA 7 WTlCF lNVlTlNG ELRS OPEN MARKET CONTRACT NO. 3184-2 The work shall be performed in strict conformity with the specifications on file with the Public Works-Engineering Department. The specifications for the work include the Standard Con&u&ion 1994 Edition, and the 1995 and 1996 supplements thereto, all hereafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available and where appropriate. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by another jurisdiction in California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. The documents which must be completed, properly executed, and notarized are: 1. Contractor’s Proposal 2. Non-Collusion Affidavit 3. Designation of Subcontractors and Amount of Subcontractors Bids 4. Certificate of Insurance 5. Bidder’s Statement of Financial Responsibility 6. Bidder’s Statement of Technical Ability and Experience 7. Bidder’s Statement re: Debarment 8. Bidder’s Disclosure of Discipline Record 9. The Open Market Contract-Public Works 10. Escrow Agreement for Security Deposits (optional) All bids will be compared on the basis of the Engineers Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The City’s Estimate is $8,000. No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and -_ 3 -- 9/l 1 /oo .- classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: A, C27 in accordance with the provisions of state law. A City of Carlsbad Business License is required for all contractors and sub contractors. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. /h The Prime Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, “Subletting and Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer” for the purposes of Section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall apply to the Contract for work. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s Key Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the 4 __ -- 9/l 1 /oo specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. Workers’ compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Bests rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers’ compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract is contingent upon the Contractor submitting the required insurance as described in the contract, within twenty days. If the contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security may be forfeited. The prime contractor and subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. BY SUBMITTING A BID YOU ARE INDICATING THAT YOU ARE CAPABLE OF AND WlLLlNG TO OBTAIN INSURANCE THAT MEETS THESE REQUIREMENTS. WORK ON THIS PROJECT WILL NOT BEGIN UNTIL THE SUCCESSFUL BIDDER HAS SUBMITTED PROOF THAT THE PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST BE RECEIVED BY THE CITY WITHIN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, OR AWARD MAY BE WITHDRAWN. Date Ruth Fletcher, Purchasing Officer -- 5 -- 9/l 1 /oo WCEIVED ClTY OF CARLSBAD OPEN MARKET CONTRACT NO. 3184-2 MAR 05 Z&l1 ENGINE’K!NG DEPA,%-;\IIE:NT CONTRACTOR‘S PROPOSAL City of Cansbad 1635 Faraday Avenue Cartsbad, California 92008-7314 The undersigned declares he/she has carefully examined the location of the work, read tha Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Open Market Contract No. 3184-2 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: -3- VALLEY CREST Wetland Mitigation Contra& *31&4 CO #13 City of Carlsbad Bid summary sheet BID ITEM Revised Printed 12/4iQO Y 6:39 UNIT TOTAL PRlCE COST I B-1 CLEARING & GRUBBING 8 WEED ERADICAITON 7700 SF B=2 SOIL PREPARATION 89 UNCLASSlFlED #CAVATlON (FINISH GRADE) l’c \ INSTALL 1 GALLON TREES 51 EA - Eb 56 IN$MLL 1 GALLON SHRUBS 22EA PRMDE & INSTALL CUTllNGS (TREBS B SHRUBS) 6oEA s-7 HYDROSEED MIX ‘A’ 7700 SF s-8 MULCH FOR C0NTAlNER PUNTS B-9 ~ANUTENAN~ ESTASUSHME~ PERIOD - S&IO 7700 SF llc 4 so.0195 $150 $02691 s2,072 $2.63 $144 . 32.92 S64 $2.63 $170 $0.0730 $562 SSS s 299.91 GRAND TOTAL: SW00 84SO MIRAMAR OlAC6 9 SAN OIEGO. CA 92121 e 619.458.9900 . FAX 619.6sadgo4 Pug 1 VALLEYCREST Wet&d Mitigatian Gmeact~184 co #lS City of Carkbad Bid summary sheet DESCRIPTION Revised~ Printed r2/4/00 16% UNIT I TOTAL PRICE COST A-11 MULCH FOR CONTAINER PUNTS 1LS A-12 CHAIN LINK FENCE & GATES 6’ PER SDRSD M-5 & MI4 68LF -A-l3 SILT FENCE 47oLF A-14 PRIVIDE & INSTALL PROJECT SIGN 6 ENVIORN. SIGNS 1Ls 6417 358.68 53.533 -- $214 $1 SJ6 5855 &&LWHMENTPERl A-16 DEMOUNT#LE POST PER SDRGD M-16 GRAND TOTAL; $WlsZ QUALIFICATIONS! 1) SuneyingBgmding~~bybyothers 2)Exchlderetaigwallatbaddiow 3) Decomposed granite t@rfzd is Califomia Gold at IO Ibs. of stabiIii per ton. 8450 YIUAWAR PLACE . SAN DJEGO. CA 9zzzl - 619.4s13.9900 - FAX 619.4S8.~90+ m Pega 2 Total amount of bid in words: SFVFN THOUSAND EIGHT HUNDRED TEN Total amount of bii in numbers: $ 7,810.OO Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). included in this proposal. n/a hadhave been received and is/are The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees #at in case of default in executing the required Contract with necessary Bonds (applicable only if checked) and insurance polices within twenty (20) days fmm the date of award of contract by the City the City may, administratively authorize the award of the contract to the second or third lowest bidder. The Undersigned bidder dedares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State liirs ;;mber o3,3i ~~~~~ of California validly licensed under , classification A, B, C-27 which , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the - City. 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is a.wa&d, the contractor shall be property licensed. Public Contract Code 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Cartsbad is personally interested, directly or indirectly, in this Contract, or the a~~pensation to be paid hereunder; that no representation, oral or in writing, of the Cii Council, its officers, agents, cr employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. -4- 911 l/O0 -. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. (1) (2) (3) (4) Name under which business is conducted Signature (given and surname) of proprietor Place of Business City and State Zip Code (Street and Number) Telephone No. LF A PARMFRSHIP.SlGNHERE . . (1) Name under which business is wnductsd (2) Signature (given and surname and character of partnar) (Note: Signature must be made by a general partner) (3) Place of Business City and State (Street and Number) (4) Zip Code Telephone No. ,- -5- 9/1 1 /oo .’ IF: (1) Name under which business is conducted Val IeY Crest (2) Signature e t-Lb Lvh-*& Title . Impress Cxwpvate Seal here (3) Incorporated under the laws of the State of (4) Placeof Business 8450 Miramar Place (Sbeebnd Nuflwr) CiiandState San Diego, California (5) ZipCode 92121 Telephone No. 858-458-9900 NOTARlAL ACKNOWLEDGEMENT OF EXECUTION BY ML SIGNATORIES MUST BE AITACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Richard SQerber Bettv Heron President Secretary Tom Donnelly Vince Germann Vice President Manager . -6- 9/l l/O0 State of California County of Tw Q 1~~~ I ss. On v&L& &, -1 , before me, m c&.&3 m uL”u-s! ~!iST$$% Date Name and Title of Officer (e.g., “Jane Doe, Notary Public”) personally appeared \ ih?( 1, 5 ~!LZLL& , Name(s) of Signer(s) E personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notaly Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: cl?% I?C &&&&A’) -7 Document Date: Number of Pages: -ah LQ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact q Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 8 1997 National Notary Association - 9350 De Soio Ave., P.O. Box 2402 l Chatsworlh, CA 91313-2402 Prod. NO. 5907 Reorder: Call Toll-Free l-600-676-6827 DESIGNATION OF SUBCONTRACTORS (To Accompany Proposal) The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code - “Subletting and Subcontracting Fair Practices Act.” No changes may be made in these subcontractors except upon the prior approval of the Cii Engineer of the City of Cansbad. The following information is required for each sub-contractor. Additional pages can be attached if required: This project does does notA have bid items designated as “SPECIALTY ITEMS.” Items of N/A NOT APPLICABLE Complete Address N/A Phone No. N/A -7- 911 l/O0 --. AMOUNT OF SUBCONTRACTORS’ BIDS (To Accompany Proposal) The bidder is to provide the following information on the subbiis of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. NOT' APPLICABLE Type of State Contractltlg N/A N/A l Licenses are renewable annually. If no valid license, indicate “NONE.” Valid license must be obtained prior to submission of signed Contracts. -8- 9111/00 BIDDER’S STATEMENT OF FlNANClAL RESPONSIl3ILlTY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or balance sheets may be submitted under separate cover marked “CONFIDENTIAL.” -9- 9/1 1 /oo BIDDER’S STATEMENT OF TECHNICAL ABILll-Y AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. SEE ATTACHMENT BIDDER’S CERTlFlCATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS COMPENSATION (To Accompany Proposal) As a required part of the Bidder’s proposal the Bidder must attach either of the following to this paw. Certificates of insurance showing conformance with the requirements herein for: Comprehensive General Liability Employer’s Liability Automobile Liability Workers Compensation Statement with an insurance carrier’s Marked signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employets Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. - All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract a must: (1) meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this project for each insurance company that the Contractor proposes, and (2) * cover any9&de used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. - 11 - 9/l 1 IO0 Mar-08-2001 1 I : 16am F rodALLEY CREST T-365 P. NW005 F-423 04/01/2001 NA ONLY AND CONFERS NO ON Risk Services, Inc. i?JGws UPON THE CERTIFI~TB HOLDER. TH18 CERTIFICATE DOES NOTAMEND. nsrwion Services Division 7 Wilshire Blvd., Suite 6000 r0 Box 54670 Los Angeles, CA 90054-0460 CaPANY National lJnk#n fh Insuurenca Company/AlG Tel. 213-630-3200 Fax. 213-689-5047 l.mrER A CODE SUB-CODE CCNPM 6 Evanston lnsutance Company INSURED LEl-raR couplrrh - Sd IllsufGu Valley Crest Landscape, Inc. 84SO Miramar Piacc San Diego, CA 92121 lmrm CQMPANV E kEllER i c mw- I fl.wo mEoAJtAGewot4E~ t 50 I EXCLUSIONS. AND CONDIllONS OF SUCH POUUBS. THE LIMITS SHOWh 4 MAY HAVE BEEN REDUCED BY P 001 MPE OF INSURANCE I POLICY WMBER L-m -L r GENERAL LlABlLlTY IXI - GCMRAL LUSI W I-- t ~MIushlA~ Ixloc- ---rm*/uuua * q m4mmALuAn~ GLS3SOSlSRA 04/01/2001 0tIOlRao2 q x,C,u,HlUARD ~CD~CILDBENSW~FIEPERSCW $ 5 J- AUTOMOBtLE LlABlLm llxi ---I-- I I oa. Awfullu 11,000 cl MLOW4EDAUTOS SOOhY INJURY B Cr]stxou~~~~wos DA8000136 o4fw/2001 04/01/2002 cl nlrw WToa j--JnacQvWoAuYos m!RAwLatl I z--- I WMCE) I cl OTHER-WAN -FoPM WORKERS’COMPENSATION / C AND vi7a-c 07101178 I Cwdnuous EMPLOYERS’ LlABILlTY OTHER I I See Attached for AflU Pfim With Auto. Waiver of Subragailon, Per Reject Aggrec a $I *I I City of Carlsbad D(pIRAlloN DATETHEREOF. lHE IBSUING COMPANY WILL ENDEAVOR 70 MAIL 16? S Faraday Avenue 3~ DAYS WRtHEN NOlICE TO THE CtWt’IFlCATE HOLDER NAMED TO THE LEFT, - %rlsbad, CA 92006 BUT FAlLWE TO MAIL SUCH NOTICE WA& IMPOSE NO OBLIGATION OR LIABILIIY OF ANY KIND UF’ON YHE C NY. 1-f~ AGENTB OR REF’RESENTATWEB. I Mar-08-2001 01:45pm From-VALLEY CREST +6584568830 T-366 P. 002/002 F-427 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS SELF-l[NSURANCE PLANS 2265 Watt Avenue, Suite 1 /- Sacramento, CA 95825 Phone No. (916) 483-3392 FAX (916) 483-1535 Gray Davis, Governor CZRTLFICATION OF SELF-INSURANCE OF WO-' COMPENSATIOkU TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to Self-Insure No. 1878-C was issued by the Director of Industrial Relations to: VALLEY CREST LANDSCAPE, INC. under the provisions of Section 3700, Labor Code of California, on July 1, 1978. The Certificate is now and has been in full force and effective since that date. Dated at Sacramento, California This 21" day of March, 2001 Orig: Thorn Malooly Manager, Insurance and Employee Benefits E-1.1. Holding Co. 24121 Ventura Blvd. Calabasas, CA 91302 Mar-08-2001 11: 17am From-VALLEY CREST t858458WO T-365 P. OWOO5 F-423 POLICY zv-uho3m GL9330919RA oA800136 CDMM~CULGElWULLUBILRY AU'i%VOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: scmuLE: The City, its officials, employees and volunteers Cannon Road Wen Reach 1 Job #lo38801 (If no entry appears above, information required to complete this endorsement will be shown in rhe Dedararions as applicable to this endorsement.) WHO IS AN INSURED (S e&on IIj is amended to include as an insured rhe person or organizxion shown in the Schedule, but only wirh respect to liability arising out of "your work” for thar insured by or for you. The insurance afforded by this policy for the benefit of the additional insured(s) shown above shd! be primary, but only with respect to any claims, Iors or liability arising out of the operations of the named insured and any insurance maintained by the additional insured(s) shall be non- contributory. kreludfi c~pfigh~ed marerid of Insunncc Se&es Off&, Inc. with its permission. COp&ht, IacuraxxCe Se&Z Off& Inc. CG 20 10 1185 May-08-2001 11: 1 ‘lam From-VALLEY CREST +8584589930 T-365 P. 004/005 F-423 ENDORSEMENT WAIVER OF SUBROGATION THE NAMED INSURED SHALL HAVE THJZ AUTHORITY TO WAIVE THE COMPANY’S RIGHTS OF SUBROGATION, PRIOR TO LOSS, WHEN REQUIRED TO DO SO BY CONTRACT. ANY WAIVER OF SUBROGATION SHALL BE LIMITED TO THE DUlUTION OF THE APPLICABLE CONTRACT. The City, its officials, employees and volunteers Cannon Road West Rauch 1 VC Job #lo38801 All other terms and conditions of this policy remain unchanged. (This information below, is required to be completed only when this endo,memem is issued subsequent to the policy effective date.) Effective 4/l/01. This endorsement forms part of Policy numbers: National Union Fire Insurance Company/AIG Evanston Insurance Company Self Insured GL9330919RA OA800136 1878-C Issued to: Valley Crest Landscape, Inc. May-01-2001 11 : 17am From-VALLEY CREST tE584589930 T-365 P.OOS/OOS F-423 POLICY NUMBER: GL9330919RA - ., - CL246 (11/85) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UAY3XILzTk- COVERAGE PART. Name of Person or Organization: The City, its officials, employees and volunteers SCHEDULE: Cannon Road West Reach 1 Job #lo38801 The General Aggregate Limit under LIMITS OF INSURANCE (SECTION II) will be applied to the project referenced above. BIDDER’S STATEMENT RE: DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? xxx Y= no 2 If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred agency BY CONTRACTOR VALLEY CREST period of debarment party debarred (sign here) Vince GermandBranch Manager agency (print name/title) period of debarment - 12 - 9/11/00 State of California County of S Ass b Ic37-X~ 1 SS. On CU\@ I & a ,,: -1 , before me, ~+f&?Z~~, ~%%&)&~C Date Name and Title of Officer (e.g., “Jane Doe, Notary Public”) personally appeared ~1wz Ld3zwwiu - 9 Name(s) of Signer(s) @personally known to me q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notaty Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: c\, lw OF @#kl lS Document Date: Number of Pages: -&&\9---- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: q Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee q Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1997 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 * Chatswotth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6827 BIDDER’S DISCLOSURE dF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structurai defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P-0. Box 26699, Sacramento, California 95826. 1. Have you ever had your contractor’s license suspended or revoked by the Califomia Contractors’ State license Board two or mom times within an eight year period? Yes * no 2. Has the suspension or revocation of your contractors license ever been stayed? Yes * no 3. Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? .- * Y= no 4. Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed? * Yes no 1. If the answer to either of 1. or 3. above is yes fulty identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (Attach additional sheets if necessary) - 13 - 9111 IO0 8. If the answer to either of 2. or 4. above is yes fully identify. in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (ii any) upon which the disciplinary action was stayed. (Attach addiional sheets if necessary) BY CONTRACTOR VALLEY CREST (sign here) Vince Germann/Branch Manager (print name/title) P - 14 - 911 l/00 State of California County of 5 PVKI I SS. On m&I;;1 BJ!a,m/,beforerne, YV$%%f&fl ~~~S,~i31%~/& lL Date Name and Title of Officer (e.g., “Jane Doe, Notary Public”) personally appeared v \ h3c 1; & fi% I%G~ % Name(s) of Signer(s) @zrersonally known to me III proved to me on the basis of satisfactory evidence to be the person& whose name& is/are subscribed to the within instrument and acknowledged to me that he/&&hey executed the same in his/i=teH& authorized capacity(iG@, and that by his/b&heir signature@ on the instrument the person@, or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above I @gnatwe of Notary Public ’ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: e nti~k<Y@~&~ 7 it i-;? C&fic Document Date: Number of Pages. Signer(s) Other Than Named Above: ,bhx Capacity(ies) Claimew~y;igner Signer’s Name: 1) ’ - & ~yuw++J q Individual @kj Corporate Officer - Title(s): \ 1 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee q Guardian or Conservator 0 Other: Signer Is Representing: \I 6 CL.izLZ Top of thumb here 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-878-6827 Mar-W2001 01:45pm From-VALLEY CREST +a584568830 T-368 P. 001/002 F-427 FACSIMILE COVER SHEET e ‘9 r) VALLEY CREST 64.50 Miramar Pke l San Diego, California 92121 Phone (858) 458-9900 l Fax (858) 458-9904 •J URGENT! cl PIease Process a Please Respond IxI FYI q Other . To: Kevin Davis Date: May 8,200l Company: Fax Nod Phone No.: Subject: Civ of Carlsbad 760-602-8556 Cannon Road Reach I From: Mark Laatsch Phone No. (858) 458-9900 Ext. 13I Pages: -a#- (J-r&ding Cover Sheer) Message: - -. - r .- ..- -. .,. .- .-. ,._._ ,_--. . . cc: 302SD2.DCXI (12/16/W’) If pages arc incomplae,~pleasc contact our office. - NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California , being first duly sworn, deposes and says that he or she is B G-n& ti *n-q Q1 of VP, (Title) CLGY _ Cc-C-T (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by - agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the X6* day of L\IukP- ,200 1. ,.c/ pa Signature of Bidder Subscribed and sworn to before me on the ZC? day of vht(tb, ,200 1 (NOTARY SEAL) Signature of Notary -- 15 _- 9/l l/00 OPEN MARKET CONTRACT-PUBLIC WORKS This agreement is made this 16th day of MaY ,208’ ) by and between the City of Cartsbad, California, a municipal corporation, (hereinafter called “Cityn), and Vail ey Crest whose principal place of business is 8450 Miramar Place, San Di ego (hereinafter called “Contractor.) City and Contractor agree as follows: 1. llasc@m~fwnds . Contractor shall perform all work specified in the Open Market Contract documents for: CANNON ROAD WEST REACH 1 CANNON ROAD BRIDGE TEMPORARY IMPACT AREA WETLAND MITIGATION/RESTORATION MAINTENANCE AND PLANT ESTABLISHMENT PERIOD (hereinafter called “project”) . 2. eravisiMls nf 1 abm =dJMen& Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Open Market Contract Documents. 3. f The Open Market Contract Documents consist of this Contract, Notice Inviting Bids, Co&actor’s Proposal, Designation of Subcontractors, Bidder’s Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow Agreement, the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Open Market Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor’s expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Open Market Contract Documents, and the city’s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. -For all compensation for Contractor’s performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1994 Edition, and the 1995 and 1996 supplements thereto, hereinafter designated “SSPWC, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The project manager will close the estimate of work completed for progress payments on the last working day of each month. - 16 - 9/l 1 /oo . . 5. w Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those wnditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overwme underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractol’s convenience only, and Cii does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. . . 6. V or OV If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Il)ifferinaSubsurface or latent physical conditions at the site differing from those indicated. . . c. [ Unknown physical wnditions at the site of any unusual nature, diierent materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract City shall promptly investlgate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolutlon of disputes and protests between the contracting parties. 7. ) Contractor certifies he is aware of the requirements of the Immigration Reform and Control Act of 1966 (8 USC Sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. - 17 - 9/l 1 /oo 8. Prev;lilina. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnifiratinn. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of-the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations induding those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willhrl misconduct of the City. The expenses of defense include all costs and expenses including attorneys fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs indude the cost of separate counsel for City, if Cii requests separate counsel. 10. N Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in Resolution No. 91. (A) COVERAGES AND LIMIT- Contractor shall maintain the types of wverages and minimum limits indicted herein: . . . . 1. c $l,OOO,OOO combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insureds. . . . . 2. v : $l,OOO,OOO w b’ d m ne single limit per accident for bodily injury and property damage. In addition, the auto policy must cover ~QU@& used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. - 18 -- 911 l/O0 - P ( . . . 3. Wnrkers’ . Workers’ wmpensation limits as required by the Labdr Code of the State of California and Employers’ Liability limits of $1,000,000 per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City. (8) ADDlTlONAL PROVISIONS- Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. General Liability and Automobile Liability Coverages: 7. The Cii, its officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contra- premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. 2. The Contractor% insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the poliies shall not affect coverage provided to the Cii, its officials, employees or volunteers. 4. Coverage shall state that the contrado& insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (C) “CLAIMS MADE” POLICIES- If the insurance is provided on a “daims made” basis, coverage shall 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 endorsed to state that coverage shall not be suspended, voided, canceled. of reduced in coverage or limits except after thirty (30) days’ prior written notice has been given to the City by certified mail, return receipt requested. (E) DEDUCTIBLES AND SELF-INSURED RETENTlON (S.I.R.) LEVELS- Any deductibles or setf-insured retention levels must be dedared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (F) WAIVER OF SUBROGATION- All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the city or any of its officials or employees. - 19 -- 9/l 1 /oo - (G) SUBCONTRACTORS- Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (H) ACCEPTABILITY OF INSURERS- Insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V, and are authorized to transact the business of insurance by the Insurance Commissioner under the standards specified in by the Cii Council in Resolution No. si. (I) VERIFICATION OF COVERAGE- Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this dause. The certiicates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in fomrs approved by the City and are to be received and approved by the City before work commences. (J) COST OF INSURANCE- The Cost of all insurance required under this agreement shall, be induded in the Contractor’s bid. 11. Claims IavvsMsJll claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2. Part 3, Chapter 1, Artide 1.5 (commencing with section 20104) which are incorporated by reference. A wpy of Artide 1.5 is included in the Spedal Provisions I section. The contractor shall initially submit all daims over $375,099 to the City using the informal dispute resolution process described in Public Contract Code subsections 20194.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all daims shall comply with the Government Tort Claim Act (section 900 et., of the California Government Code) for any daim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) @I 0 (W . AsserhanContractor hereby agrees that any wntract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. . WContractor acknowledges that if a false daim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. GnvsmmentContractor acknowledges that Caliiomia Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false daim to a public entity. These provisions indude false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. -IIf the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. - 20 - 9/l 1100 (0 (F) (G) . far Falsrtclauas, Contractor hereby acknowledges that the filing of a false claim may subject th’e Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. . . -The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false daims are incorporated herein by reference. . . . DabarmentContractor hereby acknowledges that debarment by another jurisdiction is grounds for the Cii of Car&ad to disqualify the Contractor or subcontractor from participating in future contract bidding. I have read and understand all provisions of Section 11 above. init init 12. Aud&c&Gontractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 13. ILW&MUZ of Rermrds. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. lf the Contractor does not maintain the records at Contractor’s principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certiied mail of any change of address of such records. . . 14. I The provisions of Part 7, Chapter 1, commencing with Section 1720 of the Labor Code are incorporated herein by reference. 15. Sacudty. Securities in the form of cash, cashier’s check, or certified check may be substituted for any monies withheld by the Cii to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 16. c Each and every provision of law and dause required by law to be inserted in this Contract shall be deemed to be inserted herein and induded herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. - 21 - 9111 /oo . . 17. Additinnal PrQylsulDs . Any additional provisions of this agreement are set forth in the “General Provisions” or “Special Provisions” attached hereto and made a part hereof. - NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATI’ACHED (CORPORATE SEAL) CONTRACTOR: VALLEY CREST . CITY OF CARLSBAD a municipal wqxxation of the Stata of California Vince Germann/Manager (print name and title) (sign here) SEE ATTACHMENT (print name and title) Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the wrporation must attach a resolution certitied by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: I By: I Deputy qty Attorney - 22 - 9/l 1 /oo State of California County of aw QC- 1 ss. Date Name and Title of Officer (e.g., ‘Jane Doe, Notaly Public”) personally appeared \Itax E cn&mwE3 1 Name(s) of Signer(s) &personally known to me 0 proved to me on the basis of satisfactory evidence to be the personb whose name($ is/are subscribed to the within instrument and acknowledged to me that he/.&e&hey executed the same in his&&th&r authorized capacity(i&), and that by his-r signature@ on the instrument the person@& or the entity upon behalf of which the person(H acted, executed the instrument. WITNESS my hand and official seal. Place Notaly Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ocument Title or Type of Document: P “tv-L a/ c&z&&A-;\ CAKQJ~ Document Date: m %%T LL’ ‘(X3 Number of &ha Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: q Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: TOD of thumb here Q 1997 National Notaly Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free l-60+676-6627 CERTIFICATE OF RESOLUTION -- I, BErrY MALLORY HERON, the Secretary of VALLEY CREST LANDSCAPE, INC., a California corporation, doing business as VALLEY CREST, do hereby certify that on July 25, 1999, the following resolutions were adopted by unanimous consent of the Directors of VALLEY CREST LANDSCAPE, INC., in accordance with Article II, Section 13 of the By-Laws of the Corporation: RESOLVED, that the Board of Directors have authorized and they do hereby authorize Burton S. Sperber, Richard Bruttig, John Cable, Don Caron, Tim Carpenter, William N. Cohen, Jeff Colton, Stanley A. Colton, Charles W. de Garmo, Vince Germann, Thomas C. Donnelly, Kelly Duke, Anthony Garruto, Betty Mallory Heron, Jeff Hinners, Hugh Hughes, Neville A. Laatsch, William A. Leathers, Howard Mees, George W. Reber, Richard A. Sper%er, Harold E. Stein, Brian Storm, Robert Weiland, or any of them to execute and deliver in the name of and for and on behalf of this Corporation, any and all bids, bid bonds, contracts, contract bonds, and authorizations pertaining to contracts, liens and releases; FURTHER RESOLVED, that the Board of Directors have authorized and they do hereby authorize William Came, Chi Sidener-Funk, Maria Guillen, Alicia Hanlen, Barbara Jimenez, Susan Kreher, Matilde Lavenant, Vicky Mansfield, Cindy van Oudheusden, Josephine Snellings, or any of them, to execute and deliver in the name of and for and on behalf of this Corporation, billings and releases; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Corporation is hereby authorized and directed to execute a Certificate of the Secretary certifying to the passage of these resolutions; FURTHER RESOLVED, that any and all firms, persons, corporations and other entities, including, without limiting effect, public entities, shall be entitled to rely on the authority of any one of the foregoing persons to bind this corporation by the execution and the delivery of any such bids, bid bonds, contracts, contract bonds, and authorizations pertaining to contracts, liens and releases; FURTHER RESOLVED, that the authority herein contained, shall remain in effect until the persons, firm, corporation or other entity relying upon the authority herein contained receive written notice to the contrary and that all previous authorizations heretofore given with respect to the matters herein contained are revoked; provided. however, that this revocation shall not affect the validity of any instrument hereinabove referred to that was executed by any person or persons who at the time of such execution was duly authorized to act. DATED: February 23,200O ./‘~~)(pq+i+Y ,/ BETTY MALLOR,Y HERON L Secretary ’ OPTIONAL ESCROW AGREEMENT FOR SECURITY - DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carisbad whose address is 1635 Faraday Avenue, Cadsbad, California, 92006-7314, hereinafter called “City” and Vi311 ev Crest whose address is \ hereinafter called “Contractor and whose address is hereinafter called ~scmw Agent” For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. 2. 3. 4. 5. Pursuant to Section 22300 of the Public Contract Code of the State of Caliiomia, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for in the amount of dated (hereinafter referred to as the “Contract”). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor, Securities shall be held in the name of the , and shall designate the Contractor as the beneficial owner. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of thii agreement and the rights and responsibiliis of the parties shall be equally applicable and binding when the City pays the escrow agent directly. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. - 23 -- 9/l 1100 . w 6. c. 7. 8. 9. 10. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall diitribute the cash as instructed by the Cii. Upon receipt of written notltioation from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. The Escrow Agent shall rely on the written notkatlons from the Cii and the contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above. The names of the persons who are authorized to give written notices of to receive written notice on behalf of the Cl and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For Cii: Title Name Signature Address For Coqtractik Title Name . Signature Address For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. - 24 - 9/l 1 /oo IN WITNESS WHEREOF, the parties have exeaM this Agreement by their proper officers on the date first set forth above. For City: For Contractocl Tie Name Signature Address Tll Name signature Address For Escrow Agent Title NWK! SiptU~ Address - 25 - 9111100 SPECIAL PROVlSlONS FOR CANNON ROM WEST REACH 1 CANNON ROAD BRIDGE TEMPORARY IMPACT AREA WETLAND MITIGATlON/RESTORATlON MAINTENANCE AND PLANT ESTABLISHMENT CONTRACT NO. 3184-2 SUPPLEMENTAL PROVlSlONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTlON PART 1, GENERAL PROVlSlONS SECTION 1 -- TERMS, DEFINITIONS ABBREVlATlONS AND SYMBOLS l-l TERMS Add the following section: l-1.1 Reference to Drawings. Where words “shown ., “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: l-l.2 Dlrectlons. Where words “directed”, “designated’, “selected”, or words of simitar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the work as required and as approved by the Engtneer,” unless stated otherwise. Add the following section: l-l.3 Equals and Approvals. Where the words “equal”, ‘approved equal”, “equivalenr, and such words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer”, unless otherwise stated. Where the words “approved’. “approval”, “acceptance”, or words of similar import are used, lt shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: l-l.4 Perlorm. The word “perform” shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, induding furnishing of necessary labor, materials, tools, equipment, and transportation. l-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exdusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. P -- 26 - 9/l 1100 City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on daims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The City Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ‘own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be induded for the purpose of 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 provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Deputy City Engineer - The Project Engineer/Project Manager’s immediate supervisor and second level of appeal for informal dispute resolution. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for informal dispute resolution. Project Engineer/Project Manager - The Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. l-3 ABBREVlATlONS l-3.2 Common Usage, add the following: Apts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Apartment and Apartments WI . . . . . . . . . . . . . . . . . . ..a................. Building band Buildings CMWD . . . . . . . . . ..a...................... Carlsbad Municipal Water District CSSD .a.................................* Carlsbad Supplemental Standard Drawings CfS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cubic Feet per Second Comm . . . . . . . . . . . ..a..................... Commercial DR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimension Ratio E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electric F- G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gas - 27 - 9/l l/00 gal ......................................... Gallon and Gallons Gar ....................................... Garage and Garages GNV ...................................... Ground Not Visible gpm ...................................... gallons per minute IE .......................................... Invert Elevation LCWD ................................... Leucadia County Water District MSL ...................................... Mean Sea Level (see Regional Standard Drawing M-12) MTBM ................................... Microtunneling Boring Machine NCTD .................................... North County Transit District OHE ...................................... Overhead Electric OMWD .................................. Olivenhain Municipal Water District ROW ..................................... Right-of-Way S ........................................... Sewer or Slope, as applicable SDNR ................................... San Diego Northern Railway SDRSD ................................. San Diego Regional Standard Drawing SFM ...................................... Sewer Force Main T ........................................... Telephone UE ........................................ Underground Electric W .......................................... Water, Wider or Width, as applicable WVD ..................................... Vallecitos Water District 13.2 Institutions, add the following: arjKcu& ACOE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Army Corps of Engineers ccc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . California Coastal Commission CDFG or DFG . . . . . . . . . . . . . . . . . . . . . . . . California Department of Fish and Game CEQA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . California Environmental Quality Act EPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Environmental Protection Act RWQCB . . ..a............................. Regional Water Quality Control Board USFWS . . . . . . . . . . . . . . . . . . . . . . . . ..*....... United States Fish and Wildlife Service SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 29.1 General, add the following: Should the Contractor fail to adhere to the provisions requiting the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its safe discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. -- 28 - 9/11/00 24 CONTRACT BONDS, modify as follows: Delete the third sentence of the first paragraph having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular 570. Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of thii section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The payment bond shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and author&d to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liibiliis of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an office& certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 26.1 General, add the following: The specifications for the work indude the Standard Speciftcations for Public Works Construction, (SSPWC), 2000 Edition, and the 2001 supplements thereto, hereinafter designated “SSPWC”, as issued by the Southern California Chapter bf the American Public Works Association, and as amended by the Special Provisions section of this contract. The construction plans consist of one set. The set is designated as City of Carlsbad Drawing No. 333-2GG and consists of nine (9) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. - 29 -- 9/1 1 /oo 26.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTPANS specifications shall have precedence only to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Special Provisions and Part 1 of the SSPWC in the order of precedence in section 2-5.2 of the SSPWC shall prevail over the CALTRANS specifications. 2-6.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop Drawings shall bear the Contractor’s certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: “I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated/pan, and is submitted for approval. Title: Branch Manager Date: March 9, 2001 Company Name VALLEY CREST Add the following: 26.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built” record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefore. 2-9 SURVEYING. 2Q.l Permanent Survey Markers, substitute the following: Tha Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a licensed land surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Licensed Land Surveyor shall file corner record(s) as required by $5 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. -- 30 - 9/l 1 /oo 2-9.3 Survey Sentice, substitute the following: . The Contractor shall hire and pay for the services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-g.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit feld notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 8’&” by 11” paper. The field notes, calculations and data shall be clear and complete with name of feld party chief, field crew members, preparer, date of observation or calculation, wnsecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared and filed in conformance with $9 8700 - 8805 of the State of California Business and Professions Code showing all SDRS M-10 monuments set. The record of survey shall show the location and justification of location of all pem\anent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 243.2 Survey Requlremente, Stakes shall be set at offsets approved by the Engineer at 50 foot intervals as measured along the project stationing unless a lesser interval is specified herein. Rou@ sub-grade stakes on slopes shall ba set at top of cuts, toe of fills, or slope catch points and street crown lines where no median exists. Large slopes shall have line point set to aid in construction of the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base for the roadvvay section. The stakes shall be set at edge of pavement and top of curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at 25-foot intervals at edge of pavement and top of curbs and crown line where no median exists. Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot intervals by the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 25foot intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intermediate stakes between edge of pavement and top of curb shall be set at isfoot intervals. Storm drain staking shall be done at 25-foot intervals. Catch basins shall be staked at centeriine and each end of the local depression. Curbs/curbs and gutter shall be staked at 25foot intervals, center line of driveways, and l/4, l/2, 3/4 delta on returns. Fills to finish grade at 25-foot intervals by the paving pass width shall be painted on the pavement prior to placing each lift of asphalt on variable thickness pavement overlays requiring leveling courses. Intersections showing spec% finished asphalt grids shall be painted per the grid. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of thii contract. Surveyor shall mark the removal limits and limits of work line shown on the plans. The markings shall consist of continuous painted lines on asphalt and concrete surfaces and red flagged or painted laths spaced on centers no more than twenty-five feet on unimproved areas. The markings shall be completed by Surveyor and inspected and approved by the Engineer before the start of - 31 - 9/l 1100 construction in the area marked. Centerline monuments shall ba laid out, their disk stamped, and a Record of Survey satisfactory to the Engineer filed with the County in accordance with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 25foot intervals with offsets referencing the top and centeriine of pipe on main line and laterals. For all pipeline work the pipe and each access hole, pipe material change, lateral connection, fitting, appurtenance, or hydrant location with elevations shall be staked and provided with grade stakes designating the offset of tha reference point, station, elevation of reference point, cut (or fill) and feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged at 25 foot intervals prior to the start of any other activities within the limits of the work. Add tha following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of sections 2-9.1 through 2-9.3.2 shall be induded in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall indude full compensation for attendant survey work and no additional payment will be made therefore Payment for the replacement of disturbed monuments and the filing of comer rewrds shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefore. 240 AUTHORlTY OF BOARD AND ENGINEER Add the following section: 240.1 Avallablllty of Records, The Contractor shall provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that theEngineer may request. Add the fotlowing section: 210.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diago County, accurate books and accounting records relative to all its activities. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limitad to, audits, inspection of premises, reports, wntracts, subcontracts and interviews of Contractor’s staff. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK. 3-22.1 Contract Unit prices, add the following: In the case of an increase or decrease in a minor Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together will all previous changes to that item is not in excess of 25 percent of the total cost of such item based on the original quantity and Contract Unit Pride. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. - 32 __ 9/l l/00 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to ba used in determining rental and delay costs shall be the edition of the, ‘Labor Surcharge & Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as. multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any, The labor rates published therein are not a part of this contract. 35.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1998 Supplements to the SSPWC and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits: 1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental . . . ..*....................................... 15 4) Other Items and Expenditures . . . . . . ..a................. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. 09 Work by Subcontractor. When all or any part of the extra work is performed by a - Subcontractor, the markup established in 3-3.2.3(a) shall ba applied to the Subwntractor’s actual wst of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 35.3 Dally Reports by Contractor, add the following after tha sewnd sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 34 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additiinal compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have first given the Engineer due written notice of potential daim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential daim for changed wndiions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all daims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential daim for changed conditions. Verbal notifications are disallowed. -- 33 - 9/l 1 /oo The potential claim shall indude the following certification relative to the California False Claims Act, Government Code Sections 12650-l 2655. The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a daim in response to the 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 Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 35 DISPUTED WORK. Add the following: The Contractor shall give tha agency written notice of potential daim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete sewnd sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. City Engineer 5. City Manager The Contractor shall submit a wmplete report within 20 working days after completion of tha disputed work stating its position on the daim, the contractual basis for the daim, along with all documentation supporting the costs and all other evidentiary materials. At each level of daim or appeal of daim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report The Contractor may appeal each level’s position up to the City Manager after which 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 resolution to a daim to the City Manager. Actual approval of the daim is subject to the change order provisions in the contract. -34- 9/l 1100 All claims by the contractor for $375,090 or less shall be resotved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20164. (a)(l) This article applies to all public works daims of three hundred seventy-five thousand dollars ($375,006) or less which arise between a contractor and a local agency. (2) This article shall not apply to any daims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Artide 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that “public work” does not indude any work or improvement contracted for by the state or the Regents of the University of California. (2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arislng from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the daimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a daim under this artide. (a)This artide applies only to contracts entered into on or after January 1,199l. 20104.2. For any daim subject to this artide, the following requirements apply: (a) The claim shall be in writing and indude the documents necessary to substantiate the daim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend tha time limit or supersede notice requirements otherwise provided by contract for the filing of daims. (b)(l) For daims of less than tifty thousand dollars ($50,000), the local agency shall respond in writing to any written daim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the daim, any additional documentation supporting the daim or relating to defenses to the claim the local agency may have against the daimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the daimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the daimant in producing the additional information, whichever is greater. (c)(l) For daims of over frpty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (1)lf additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (1) The local agency’s wrltten response to the claim, as further documented, shall be submitted to the daimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the daimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the daimant may so notify the local agency, in writing, either within 15 days 9/11/00 ,-- of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the daim or any portion remains in dispute, the claimant may file a daim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (wmmencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and wnfer process, induding any period of time utiked by the meat and confer process. (a)This article does not apply to tort daims and nothing in this article is intended nor shall be w&rued to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Tie 1 of tha Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both patties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third parson as mediator, shall be wmmenced within 30 days of the submittal, and shall be wnduded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the E-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbiition pursuant to Chapter 2.5 (commencing with Section 1141.10) of Tir 3 of Part 3 of the Code of CM Procedure, notwithstanding Section 1141.11 of that code. The Ciil Discovery Act of 1986 (Artide 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this artide shall be experienced in wnstrWkur law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or wunty funds. (3) in addition to Chapter 2.5 (commencing with Section 1141.10) Tile 3 of Part 3 of the Code of Cii Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo. (a)The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a daim which is undisputed except as othen+vise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to aazrue on the date the suit is filed in a court of law. - 36 - 9111100 SECTION 4 - CONTROL OF MATERIALS 4-l MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials inwrporated in the work shall not relieve Contractor from any obligation to fulfil1 this Contract. 61.4 Test of Materials, add the following: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The wst of ail other tests shall be borna by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have bean approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expanse. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any placa along the work as deemed necessary by the Engineer. The wsts of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with tha originally specified item at no cost to the Agency. SECTION 5 - UTlLlTlES S-1 LOCATION. Add the following: The Agency and affectad utility companies have, by a search of known rewrds, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 59 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. - 37 - 9/11/00 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-l and substitute the following: The Contractor shall begin work within five (5) calendar days after receipt of the “Notice to Proceed” and the installation is substantially complete per the Cannon Road West Reach 1 project specifications, Change Order No. 13. The Contractor is subject to the following agency permits (induded in the appendices) that affect scheduling and the commencement of work: 1) California Coastal Commission permit number 6-97-010 and 6-97-011, dated 10/13/97 and 2/05/98, respectively. 2) California Department of Fish and Game permit number 5-044-97. 3) California Water Quality Control Board waiver. 4) United States Army Corps of Engineers permit number 97-20130-TCD and 97-2013%TCD. 5) United States Fish and Wildlife Setice Biological Opinion l-6-97-F-51. Add the following section: 64.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes maintenance and plant establishment of the Cannon Road West Reach 1 Temporary Impact Area Wetland Mitigation/Restoration, Contract No. 3184, Change Order No. 13, Drawing 3332GG, Sheets l-9 of 9. Add the following section: 6-2.2. Weekend Work. Weekend work requires written authorization from the Engineer. Add the following section: ‘8-2.3 Project Meetings. The Engineer will establish the tima and location of monthly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractofs Representative”, SSPWC. No separate payment for these meetings will be made. - 38 - 9/I l/00 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has ocamed and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within one hundred twenty (120) calendar days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 790 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the wrttten approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours an&r days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. SECTiON 7 - RESPONSiBiLiTiES of the CONTRACTOR 7-3 LlABiLllY INSURANCE. Add the following: All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 74 WORKERS COMPENSATiON INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers’ compensation insurance. 76 PERMITS. Modify the first sentence to read: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of- way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for ail permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be induded in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. - 39 -- 9/l 1100 7-8 PROJECT SiTE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 718.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requirfng water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are. : associated with and no additional payment will be made therefor. 71.6 Water Pollution Control. Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ, NPDES General Permit and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Aotivity” Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 740 PUBLIC CONVENIENCE AND SAFETY. 740.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1998 edition and these Special Provisions. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the adual cost of providing such traffic control fadlity, whichever is the greater. - 40 - 9/l 1100 Add the following section: 7-10.3.1 Conshction Area Signs. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed, maintained and removed by the Contractor when no longer required. Care shall be used in performing excavation for signs in order to protect underground facilities. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of nonexistent conditions shall be removed from the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 12-3.08B, “Portable Signs”, of the CALTRANS Standard Specifications; or Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective sheeting signs; or equal. Stationary mounted signs used for traffic control during construction of the Work shall be installed on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same manner shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadside signs, 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 at least 2.1 m. (c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting standards or other supports as approved by the Engineer. (d) When construction area signs are installed on existing lighting standards, holes shall not be made in the standards to support the sign. (e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 500-C-2500 concrete. (9 When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.48 square meters of sign area. For wood posts post size and number of posts shall be as shown on CALTRANS Standard Plan RS 2. Lumber for wood posts shall be as for sight posts. Sign panels for stationary mounted signs shall conform to the requirements of Section 208-7, ‘Reflective Sheeting Aluminum Signs”, and the following: (g)All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis, and all , diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless otherwise speoified. (h) Frames shall be constructed in accordance with ‘Framing Details for Sheet Aluminum Signs,’ Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS. (i) Sign panel fastening hardware shall be commercial quality. -- 41 - 9/l 1100 Each portable sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in 206-7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in Section 206-7, ‘Reflective Sheeting Aluminum Signs”. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3 m. All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the coior of the sign panel background. Testing of paint will not be required. If portable signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original locations. Add the following section: 7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-10 SSPWC “Public Convenience and Safety.” Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS ‘Standard Specifications’, except the sleeves shall be seven (7) inches long. The Contractor’s personnel shall not work doser than six (6) feet, nor operate equipment within two (2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or malign the adjacent traffic lane, dose the adjacent traffic lane or provide barriers. Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section dosed to public traffic. Whenever vehides or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be dosed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25foot intenrals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree wlth flags. The flag tree shall be placed where directed by the Engineer. All construction traffic control devices shall be maintained in good order and aooording to the plan throughout the duration of work During the entire construction, a minimum of two paved traffic lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direction of travel. Add the following seotion: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of dosing traffic lanes in accordance with the details shown on the plans, CALTRANS “Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. - 42 - 9ill/OO When lanes are dosed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. if the Contractor so elects, said components may be stored at selected central locations, approved by the 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 traffic stripe operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control System for Lane Closure” of these Special Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until he has submitted its plan to the Engineer and has received the Engineer’s written approval of said plan. Add the following se&ion: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks; to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. The Contractor shall prepare and correct TCP and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. Add the following section: 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and property maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of oonstruotion as protruding nails, hoists, well holes, and falling materials. - 43 - 9/l 1100 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTiON 8 - FACiLlTiES FOR AGENCY PERSONNEL NOTE: SECTlONNQT Awl CARI F SECTION 9 - MEASUREMENT EL PAYMENT 99 PAYMENT. 9-3.2 Patial and Final Payment. Mod@ the second paragraph as follows: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the dosure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for his information, Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. lf the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable. but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. if payment of the undisputed supplemental payment request is not made within thirty (36) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 9-32 Partial and Final Payment. Modify the third paragraph as follows: The Agency shall retain 10 percent of such estimated value of the work done and 10 percent of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time after 20 percent of the wti has been completed, if the Engineer finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment pursuant to the above requirements to 5 percent of the total estimated value of said work and materials and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the estimated value of such work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. - 44 -- 9/l 1100 Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval 1 of the surety shall be submitted to the Engineer, the signature of the person executing the approval for the surety shall be property acknowledged and the power of attorney authorizing him to give such consent must either accompany the document or be on file with the Agency. 94.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as spedfied in subsection 3-5, Disputed Work. I” The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said daims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. 9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project. No claim will be considered that was not induded in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of thii contract induding sections 3-4 Changed Conditions, 3-S Disputed Work, 6-6.3 Payment for Delays to Contractor, 66.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The daims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said daims. The Engineer will consider and detenninl! the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. - 45 - 9/l l/O0 Payment for claims shall be processed within 30 calendar days of receipt of the written statement or further information, whichever is longer, for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. - 46 - 9/l 1 /oo SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 3086 MAINTENANCE AND PLANT ESTABLISHMENT. This section is modified as follows: For the purposes of this section, the ‘Plant Establishment Period and the “Maintenance Period” shall be considered as one in the same and the terms may be used interchangeably. The Maintenance Period shall be for a period of one hundred twenty (120) days. The Contractor has completed all site preparation, soil preparation, weed abatement, irrigation system installation, hydroseeding and planting, and the Work is deemed Substantially Complete by the Engineer, the Maintenance Period will begin on that date so stipulated on the notice. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of diseases and pests. No mowing of planted areas shall be carried out. The Contractor shall submit a written plan to control weeds, disease, and pest infestations in the planting areas. The submittal shall conform to the requirements for shop drawings as specified in section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the controt measures, exercising extreme caution in using pesticides, herbicides, fertiliiers and other chemicals and taking all steps to ensure the safety of the public. Only licensed personnel, as required by law, will be permitted to apply herbicides, pesticides or other potentially harmful materials. Contractor shall submit applicator licenses to the Engineer for all personnel who will be applying chemicals. During the Maintenance Period, the Contractor shall furnish sufficient workers and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately carry out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the Maintenance Period days. All planting areas which are damaged during the Maintenance Period shall be repaired by the Contractor within twenty (20) days. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. The Contractor shall re-seed all hydroseeded areas that have eroded or have not germinated at the end of each thirty (30) day period following initial seeding and continuing through the end of the Maintenance Period, or until such time as a solid and uniform stand of healthy seedlings is achieved, which ever is longer. If areas requiring reseeding are small in area in the opinion of the Engineer, hand seeding at the rates specified in the original specifications may be allowed at the sole discretion of the Engineer in lieu of hydroseeding. If hand seeded, a Type 1 mulch, per section 212.1.2.4, shall be used as a seed cover, spread at a depth of one-half to three-quarters of an inch, damped with a fine mist of water, then tamped to compact the mulch and seed. - 47 -- 9/l l/00 The hydroseeded areas must be sufficiently well rooted and established with an even and consistent coverage of the specified plant material over the entire planted area in no less than 30 days before the end of the maintenance period. The seeded area shall have a minimum 80% coverage of the specified plant materials in the seed mix. For the purposes of this section, ‘coverage” is defined as the area of ground covered by the vertical projection of the canopy (foliage) outline of the plants. Plant coverage shall be evenly dispersed over the entire planting area. In no case shall there be any individual bare areas devoid of the specified plant material larger than (4) four square feet. The planting shall be adequate to prevent erosion and provide for the habitat revegetation objectives of the project. The adequacy of the planting and establishment as specified in this section shall be solely judged by the Engineer. Should the coverage not be achieved the maintenance period shall be extended until the required coverage is achieved plus an additional 30 day period. The Contractor shall call for a final. inspection 30 days before the end of the maintenance period and at the end of the maintenance period. Failure to pass inspection will result in an extension of the maintenance period. The Contractor shall continue to provide maintenance for such time necessary to obtain conformance to the Specificati~S. For all planting areas in the project area, The Contractor shall maintain said areas during the Maintenance Period or until Final Acceptance of the Work, whichever is the greater. Final Acceptance will not be given until the Maintenance Period is completed to the satisfaction of the Engineer and when all requirements of the Contract Documents have been fulfilled by Contractor. 308-7 GUARANTEE. Add following: The Contractor shall guarantee all 1 gal. trees, shrubs and cuttings installed under the contract to live and grow for 30 days from the last day of the maintenance period or final acceptance of the contract work, whichever is the later. The Contractor shall replace, at their expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition withii the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor’s letterhead and contain the following verbiage: ‘Guarantee For Vegetation, Planting and Irrigation System For Cannon Road West Reach 7 Cannon Road Bridge Temporary impact Anea Wetland Mitigation/Restoration, Contract No. 3184 We hereby guarantee that the vegetation, planting and imlgation system we have furnished and installed for (pmject name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or rep!ace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. - 46 - 9/l 1 /oo _- This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as detennined by the Engineer, afier receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time affer receipt of written notice f?om the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project PfopeHy) Name of Contractor: Address: (Of Contractor) Telephone: : (Of Contractor) By.- (Twed or printed names of signing OfficeNs) of the Contractor authotized to bind the Contractor in legal matters) TiVe: (Of said ofice~s)) Signature(s) Date of Execution? Add the following section: 308-7.3 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and suffident quantity, properly prepared in four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment. The Contractor shall indude spare parts list and related manufacturer information for each equipment item installed. Each manual shall indude the following: a) Index sheet stating Contractor’s address and telephone number. b) Duration of Guarantee period. c) List of equipment, with names and addresses of manufacturer’s local representative. d) Complete operating and maintenance instructions on all major equipment. e) In addition to the maintenance manuals, the Contractor shall provide the agency maintenance personnel with instructions for major equipment, and show written evidence to the Engineer at the conclusion of the work that this service has been rendered. Add the following section: 308-7.4 Check List. The Contractor shall complete and forward signed and dated checklist to the Engineer before final acceptance of project. the following checklist at the end of the project, using the format shown: a) Plumbing permits (if none required, so note) b) Materials approval c) Pressure mainline test (by whom, and date) d) Record drawings completed (received by, and date) e) Controller chart completed (received by, and date) 9 Materials furnished (received by, and date) g) Operation and maintenance manuals furnished (received by, and date) h) System and equipment operation instructions (received by, and date) i) Manufacturer warranties (received by, and date) - j) Written guarantee by Contractor (received by, and date) - 49 -- 9/l 1 /oo :. 3086 PAYMENT. add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and - equipment and performing all work necessary to complete, maintain, and guarantee the planting and irrigation work described or specified in the contract documents, including soils testing and recommended soil amendments, seed and hydroseed slurry, tree stakes, bark mulch, plant materials, temporary irrigation, including reduced-pressure back-flow preventer, ball valves, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, installation of controller, preparation, correction, reproduction and lamination of ‘as-built” drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days’ maintenance and project guarantees. Add the following section: 3088 WETLAND PROTECTION. Add the following section: 308-9.1 General. All work shown on Sheets 1 through 9 of Drawing Number 3332GG: a) The emergent wetlands within the limits of work shall be protected by installing silt fencing along the limits, as shown on the drawings. b) The Contractor shall take care that the soil remains within the limits of work to avoid sedimentation of downstream areas. Should such sedimentation occur the Contractor shall remove all sediments so deposited and shall take all measures to restore the streambed to its pre-construction condition at the Contractor’s expense. c) Immediately subsequent to the completion of construction activities in the vicinity of the wetlands the Contractor shall remove all construction debris and any fill soils not needed to establish finish grade. Add the following section: 3084.2 Payment. Protection of the existing wetlands and emergent wetlands are incidental to the Work and no separate payment will be made therefor. - 50 -- 9/11/00