The URL can be used to link to this page

Home My WebLink AboutWharton General Contractors; 1998-07-16; FAC98-9FIRE STATION #3 REMODEL CONTRACT NO. FAC98-9 TABLE OF CONTENTS eltern - F NOTICE INVITING BIDS ....................................................................................................... CONTRACTOR’S PROPOSAL .............................................................................................. BID SECURITY FORM .......................................................................................................... BIDDER’S BOND TO ACCOMPANY PROPOSAL ................................................................. GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUN’1 OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR 8 AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS ....................................... DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTORS BID ......... DESIGNATION OF OWNER OPERATOWLESSOR &AMOUNT OF OWNER OPERATOFULESSOR WORK ............................................................................................... BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ................................................. BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ............................... BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION .......................... BIDDER’ S STATEMENT OF RE-DEBARMENT .................................................................... BIDDERS DISCLOSURE OF DISCIPLINE RECORD ................................................... NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMlnED WITH BID .............................................................................. CONTRACT PUBLIC WORKS ................................................................................................ LABOR AND MATERIALS BOND ........................................................................................... FAITHFUL PERFORMANCEWARRANTY BOND. ................................................................. REPRESENTATION AND CERTIFICATION .......................................................................... ESCROW AGREEMENT FOR SURETY @ DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ............................................................... SPECIAL PROVISIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS ............................................................. a 1 I08198 Contract No. FAC98-9 Page 2 of 55 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION PLAN FAC98-9 ................. a I) (I) 1 /08/98 Contract No. FAC98-9 Page 3 of 55 Pages c CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbal Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the 2Ist day of May, 1998, at wt they will be opened and read, for performing the work as follows: * Fire Station #3 Remodel CONTRACT NO. FAC98-9 The work shall be performed in strict conformity with the specifications as approved by Council of the City of Carlsbad on file with the Public Works Department, Facilities Main1 Division. The specifications for the work include the Standard Specifications for Public Construction (1 994 Edition. and the 1995 and 1996 sutmlements thereto,) all hereinafter de: “SSPWC” as issued by the Southern California Chapter of the American Public Works Ass and as amended by the special provisions sections of this contract. Reference is hereby I the specifications for full particulars and description of the work. The City of Carlsbad erkourages the participation of minority and women-owned businesses The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and con to utilize recycled and recyclable materials when available, appropriate and approved Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddir a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdr the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purc Department. Each bid must be accompanied by security in a form and amount required The bidder’s security of the second and third next lowest responsive bidders may be withht the Contract has been fully executed. The security submitted by all other unsuccessful bidde be returned to them, or deemed void, within ten (10) days after the Contract is awarded. P to the provisions of law (Public Contract Code section 10263), appropriate securities n substituted for any obligation required by this notice or for any monies withheld by the City to performance under this Contract. section 10263 of the Public Contract Code requires mo securities to be deposited with the City or a state or federally chartered bank in California escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omiss the agent in connection with the handling of retention’s under this section in an amount not le: $100,000 per contract. The documents which comprise the Bidder’s proposal and that must be completed, p executed and notarized are: @ e 1/08/98 Contract No. FAC98-9 Page 4 of 55 Pages 1. Contractor's Proposal 2. Bidder's Bond 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner OperatortLessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial 7. Bidder's Statement of Technical Ability 8. Certificate of Insurance 9. Bidder' s Statement Re Debarment 0 3. Non-Collusion Affidavit 1O.Bidder's Disclosure Of Discipline Recor 1 1 .Purchasing Department Representatior Certification 12.Escrow Agreement for Security Deposit (optional, must be completed if the Bidd wishes to use the Escrow Agreement fo Responsi bility Security) and Experience All bids will be compared on the basis of the Engineer's Estimate. The estimated quanl approximate and serve solely as a basis for the comparison of bids. The Engineer's Esti $35,000. No bid shall be accepted from a contractor who is not licensed in accordance with the prov California state law. The contractor shall state their license number, expiration d classification in the proposal, under penalty of perjury. The following classifications are ac for this contract: 6-1, in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract document of the usual 10% retention from each payment, these documents must be completed and si with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Pui Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundab $10.00 per set. If plans and specifications are to be mailed, the cost for postage should be a The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregu informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the ( shall be those as determined by the Director of Industrial Relations pursuant to the section 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a curre of applicable wage rates is on file in the Office of the City Engineer. The Contractor to wh Contract is awarded shall not pay less than the said specified prevailing rates of wage workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublettil Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall E the Contract for work. A mandatory pre-bid meeting and tour of the project site will be held ai Fire Static located at 3701 Catalina Dr. in Carisbad, on Wednesday, May 6,1998 at 8:30 a.m. All bids are to be computed on the basis of the given estimated quantities of work, as indic this proposal, times the unit price as submitted by the bidder. In case of a discrepancy bc words and figures, the words shall prevail. In case of an error in the extension of a unit pril @ 0 1 t08t98 Contract No. FAC98-9 Page 5 of 55 Pages corrected extension shall be calculated and the bids will be computed as indicated ab compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and written in with ink and must be initialed in ink by a person authorized to sign for the Contractc Bidders are advised to verify the issuance of all addenda and receipt thereof one day bidding. Submission of bids without acknowledgment of addenda may be cause of rejection Bonds to secure faithful performance and warranty of the work and payment of labor materials suppliers, in an amount equal to one hundred percent (100%) and fifty percenl respectively, of the Contract price will be required for work on this project. These bonds kept in full force and effect during the course of this project, and shall extend in full force ar and be retained by the City until they are released as stated in the Special Provisions sectio contract. All bonds are to be placed with a surety insurance carrier admitted and autho transact the business of insurance in California and whose assets exceed their liabilitie amount equal to or in excess of the amount of the bond. The bonds are to contain the fi documents: I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by I 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 in: commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statemc quarterly statement filed with the Department of Insurance pursuant to Article 10 (commenci section 900) of Chapter 1 of Part 2 of Division I of the Insurance Code, within 10 calendar I the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insur,. the State of California by the Insurance Commissioner. Auto policies offered to me specification of this contract must: (1) meet the conditions stated above for all insurance corn and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, n owned, non-owned or hired, and whether scheduled or non-scheduled. The auto ins 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 co. meeting the above standards with the exception that the Best's rating condition is waived. Tt does accept policies issued by the State Compensation Fund meeting the requirement for WI compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any adc cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submittir required bonds and insurance, as described in the contract, within twenty days of bid opening Contractor fails to comply with these requirements, the City may award the contract to the secl third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid ( Carlsbad Business License for the duration of the contract. * @ 0 1/08/98 Contract No. FAC98-9 Page 6 of 55 Pages Approved by the City Council of the City of Carlsbad, California, by Resolution No adopted on the 7th day of Apri 1 , 19 98 . 98-94 * 8 / 99 F. Aletha L. Rautenkranz, City a 1. 1/08/98 Contract No. FAC98-9 Page 7 of 55 Pages 1, ' J "1 t e May 11, 1998 ADDENDUM NO. 1 RE: FIRE STATION #3 REMODEL, CONTRACT NO. FAC98-9 Please include the attached addendum in the Notice to Bidder/Request for Bids have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form, when your bid is submitted. 2g52&p& @ RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 * 1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (760) 434-2803 FAX (760) 434-1 9t -_- i 1 t CITY OF CARLSBAD CONTRACT NO. FAC98-9 FIRE STATION # 3 - REMODEL e CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the 1 Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto hereby proposes to furnish all labor, materials, equipment, transportation, and services requi do all the work to complete Contract No. FAC98-9 in accordance with the Plans, Specificz Special Provisions and addenda thereto and that he/she will take in full payment therefc following unit prices for each item complete, to wit: Approximate Quantity Unit - No. Description and Unit - Price - Total item 1 Provide all necessary labor, LS $, 2 3 yf2 ,cE 2 Alternate A - Provide new LS I$ /.pyxL= material and equipment to perform ADA Improvements per attached plans and specifications. cabinets A,B,C as indicated on sheet 4 of plans. levelor mini blinds as indicated on sheet 2 of plans. Total amount of bid in words 3 Alternate B - Provide new LS $ qS&= Total amount of bid in numbers: $ 2% 9 &??* 0 (J Price(s) given above are firm for 90 days after date of bid opening. 0 1/08/98 Contract No. FAC98-9 Page 8 of 55 Pages 1. (1 r Addendum(a) No@). 1 hadhave been received and idare included The Undersigned has carefully checked all of the above figures and understands that the not be responsible for any error or omission on the part of the Undersigned in preparing this I The Undersigned agrees that in case of default in executing the required Contract with ne bonds and insurance policies within twenty (20) days from the date of award of Contract by Council of the City of Carlsbad, the City may administratively authorize award of the contrac second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is license business or act in the ca acity of a contractor within the State of California, validly license( license number qDfQgI v’ , classification B 1/ which exy 3/3//99 . , and that this statement is true and correct and has the legal E an affidavit.’ - A bid submitted to the City by a Contractor who is not licensed as a contractor pursuani Business and Professions Code shall be considered non-responsive and shall be rejected City 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted I invalidated by the failure of the bidder to be licensed in accordance with California law. Howi the time the contract is awarded, the contractor shall be properly licensed. Public Contrac 3 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is per interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; representation, oral or in writing, of the City Council, its officers, agents, or employees has ir him/her to enter into this Contract, excepting only those contained in this form of Contract i 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 the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is i3iO I~OGD (Cash, Certified Check or Cashier’s Check) for ten percent (1 0%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which require: employer to be insured against liability for workers’ compensation or to undertake self-insur; accordance with the provisions of that code, and agrees to comply with such provisions commencing the performance of the work of this Contract and continue to comply until the cc is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, r to the general prevailing rate of wages for each craft or type of worker needed to execu Contract and agrees to comply with its provisions. I proposal. 1. 1 I I I 1 I cs a I @ I 1 I I II I 6 I. I 1 /08/98 Contract No. FAC98-9 Page 9 of 55 Pages 0. X , I 8 1 IF' I II 1 1 t E 8 I ... IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: * (I) Name under which business is conducted Ahkm kl &Ehlk*AL &vv7RR (2) Signature (given and surname) of proprietor (3) Place of Business %ad 5/.w4 ROAD IE (Street and Number) 1 IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be ma( general partner) (3) Place of Business (Street and Number) I City and State (4) Zip Code Telephone No. IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted 1) (2) (Signature) (Tit le) 1F Impress Corporate Seal he ... ... ... ... I. I 1/08/98 Contract No. FAC98-9 Page 10 of 55 Pages .' BOND #57' 9. f, *I BIDDER'S BOND TO ACCOMPANY PROPOSAL 1 t 6 1 KNOW ALL PERSONS BY THESE PRESENTS: That we, wHARToN - OoNTRAcIYlRs as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as (must be at least ten percent (10%) of the bid amount) Four *Owand & nO/loo dOLI?k payment, well and truly made, we bind ourselves, our heirs, executors and admini: successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the bounden Principal for: Fire Station ## 3 - Remodel Contract No. FAC98-9 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter i execute a Contract including required bonds and insurance policies within twenty (20) days f date of award of Contract by the City Council of the City of Carlsbad, being duly notified award, then this obligation shall become null and void; otherwise, it shall be and remain in fi and effect, and the amount specified herein shall be forfeited to the said City. AMERICAN ammR: INDEMNITY COMPANY , as Principal, and 1. ' I .... .... I 11 e .... 1 1 I .... 1 I s I 8. .... .... .... .... .... .... .... .... .... I 1/08/98 Contract No. FAC98-9 Page 13 of 55 Pages I ''I ' : st I .1 day of MaY ,1998 . my I I I I I . In the event Principal executed this bond as an individual, it is agreed that the death of f shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 2oth Executed by SURETY this 20th -.1 19 98 . 0 PRINCIPAL: SURETY: WHARTON GENERAL CONTRA~RS AMERICAN CoNTRAcrORS INDEMNITY CC (name of Principal) By: (sig (address of Surety) (print name here) (name of Surety) 9841 Airport Blvd., #1414r LA CA Dennis X. Wharton owner 31 0/649-0990 (telephone number of Surety) 1 (Title and Organization of Signatory) By: (sign here) (printwe of Attomey-in-Fact) @ ' (printnamehere) (Attach corporate resolution showing E power of attorney.) (title and organization of signatory) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. one officer signs, the corporation must attach a resolution certified by the secretary or as secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney 1 8 E it E 8 &LZMz-@ E. I 1/08/98 Contract No. FAC98-9 Page 14 of 55 Pages ,< ' ' CAL~FORNIA ALL-PURPOSE ACKNOWLEDGMENT J personally appeared 0 personally known to me - OR -T$proved to me on the basis of satisfactory evidence to be the persoi whose name(s) idare subscribed to the within instrurr and acknowledged to me that he/she/they executed same in his/her/their authorized capacity(ies), and tha his/her/their signature(s) on the instrument the persorl or the entity upon behalf of which the person(s) act executed the instrument. WITNESS my hand and official seal. Name@) of Signer(s) Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevc fraudulent removal and reattachment of this form to another document. Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 0 Individual 0 Individual Corporate Officer Partner - 0 Limited 0 General 0 Partner - G Limited 0 General Attorney-in-Fact 0 Attorney-in-Fact 0 Guardian or Conservator Guardian or Conservator Corporate Officer Title(s): Signer Is Representing: Signer Is Representing: Reorder: Call Toll-Free 0 1995 National Notary Association * 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA91309-7184 Prod. No. 5907 1 r A * ’,. * , .- American Contractors Indemnity Company 0 i Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a Californi, (the “Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint: Joanne Burdette of San Diego, California as its true and lawful Attorney(s)-in-fact, in amount of $2-,, to execute, seal and deliver for and on its behalf and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, whi be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully an( intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principa This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopte of Directors of AMERICAN CONTRACTORS INDEMM” COMPANY, at a meeting called and held on the 6th day of Decem RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assist shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power 4 any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or i valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsin b “S id and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be s corporate seal to be affixed by its authorized officer this 18 th day of October 9 &ZgmA @pCTw AMEIUCANCONTRACTO S E 3 INCORPORATED E 0 5 SEPT.26,1990 T‘ BY: Andy Faust, President STATE OF CALIFORNIA %&&* COUNTY OF LOS ANGELES Norma Virdio , personally appeared Andv Fau! On personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he Same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the 1 executed the instrument. WITNESS my hand and official seal. October 18, 1996 before me, 31C-u- v U CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have c foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of si as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and ct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 2oth dayof my m , Albert Baumgarten, Secretary I* . ~ALI~ORNIA ALL-PURPOSE ACKNOWLEDGMENT California County of LOS Angeles before me, B Caindec, Notary 'Public Date Name and litle of Officer (e g , "Jane Doe, Notary Public") personally appeared Joanne Burdette E! personally known to me - 1 to be the person(] whose name(& ishxgsubscribed to the within instrumei and acknowledged to me that Wshemexecuted th same inXWher/t&f& authorized capacity&&, and that t: B/her/tMKsignature# on the instrument the person(2 or the entity upon behalf of which the person@) actec executed the instrument. Name(s) of Signer($ ons relying on fhe document and could prevent Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Joanne Burdette 0 Individual b individual 0 Corporate Officer 1 Corporate Officer [x1 Attorney-in-Fact "u Attorney-in-Fact 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: American Contractors Signer Is Representing: 0 1995 National Notary Associatlon f 8236 Remrnet Ave , P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod No.5907 Reorder' Call Toll-Free 1-8 t. ' .I 1 I 1 I 8 i 8. I 9 t i 8 I I DESIGNATION OF SUBCONTRACTOR AND 0 AMOUNT OF SUBCONTRACTORS BID The Bidder MUST complete each information field on this form for each subcontractor proposes to use. Additional copies of this form may be attached if required to accommod Contractor's decision to use more than one subcontractor. This form must be submitted as 6 the Bidder's sealed bid. Failure to provide complete and correct information may result in reje the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in pr this bid for the Work and that the listed subcontractors will be used to perform the portion! Work as designated in the list in accordance with applicable provisions of the specificatio section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Pr Act." The Bidder further certifies that no additional subcontractor will be allowed to perfo portion of the Work and that no changes in the subcontractors listed work will be made excel the prior approval of the Agency. Full Company Name of Subcontractor: rD.&?$L fi~%%'?!M/ d//L Complete Address: @5-Jq #b&fl flDA 0 m 1 Street Telephone Number plus Area Code: California State Contractors License No. & Classification: Carlsbad Business License No.: Nd?ME 3 2=3s-L d%CI f I. 3 1/08/98 Contract No. FAC98-9 Page 17 of 55 Pages ., < DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID 0 The Bidder MUST complete each information field on this form for each subcontractor proposes to use. Additional copies of this form may be attached if required to accommod Contractor’s decision to use more than one subcontractor. This form must be submitted as a the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejel the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prc this bid for the Work and that the listed subcontractors will be used to perform the portions Work as designated in the list in accordance with applicable provisions of the specificatio section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Pr Act.’’ The Bidder further certifies that no additional subcontractor will be allowed to perfoi portion of the Work and that no changes in the subcontractors listed work will be made excel the prior approval of the Agency. Full Company Name of Subcontractor: SfEPE- fix ?L&fifl/fi 4 Complete Address: -pP. Bd)(: 25-92 Street L/4L/k2dd,4 7m4.3 State Zip LA p”/9E52- City Telephone Number plus Area Code: b/?) ~$??-~?z~- Carlsbad Business License No.: Nt9Np 0 California State Contractors License NO. ti Clas ’fication: QWW~ LC 36 * 1/08/98 Contract No. FAC98-9 Page 17 of 55 Pages . I DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID 0 The Bidder MUST complete each information field on this form for each subcontractor proposes to use. Additional copies of this form may be attached if required to accommod Contractor's decision to use more than one subcontractor. This form must be submitted as a the Bidder's sealed bid. Failure to provide complete and correct information may result in reje the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prc this bid for the Work and that the listed subcontractors will be used to perform the portions Work as designated in the list in accordance with applicable provisions of the specificatioi section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Pr Act." The Bidder further certifies that no additional subcontractor will be allowed to perfor portion of the Work and that no changes in the subcontractors listed work will be made exceF the prior approval of the Agency. Full Company Name of Subcontractor: Complete Address: /.S-?/ fU+y/?M/f-f2f .r'77%?&7 Street EL LkTpd ~Aldm& A %bas Zip City State Telephone Number plus Area Code: kd d $99 h Si?-%% 0 California State Contractors License NO. & Classification: Carlsbad Business License No.: ld63AAg Ls9 l-7 3 o c/sr 4 f5 1 Page 3 of V- pages of this form 0 1/08/98 Contract No. FAC98-9 Page 17 of 55 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontractor proposes to use. Additional copies of this form may be attached if required to accommods Contractor's decision to use more than one subcontractor. This form must be submitted as a the Bidder's sealed bid. Failure to provide complete and correct information may result in rejec the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prel this bid for the Work and that the listed subcontractors will be used to perform the portions Work as designated in the list in accordance with applicable provisions of the specification section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Pra Act." The Bidder further certifies that no additional subcontractor will be allowed to perforr portion of the Work and that no changes in the subcontractors listed work will be made except the prior approval of the Agency. Full Company Name of Subcontractor: Complete Address: 0 Zip ' pow k4y LA~mRdA 4kLw 0 California State Contractors License NO. t~ Classification: h72id~ 66 City State Telephone Number plus Area Code: ((@I 9) 6 3 9 e YdB6 Carlsbad Business License No.: bfdbrg 0 1/08/98 Contract No. FAC98-9 Page 17 of 55 Pages I' I 1 I I I 1 1 1. 8 I I I 4 I li BIDDERS STATEMENT OF FINANCIAL RESPONSIBILIT I, (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or Balance Sheets I submitted under separate cover marked CONFIDENTIAL. *5k=z- A f /Ad/*P a ?&HT- bP @LSd&H&7t&NJ 1. I 1/08/98 Contract No. FAC98-9 Page 19 of 55 Pages I '1 I I I I 0 i 8 I. li I t 8 ll 8 I BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) b The Bidder is required to state what work of a similar character to that included in the pi Contract helshe has successfully performed and give references, with telephone number: will enable the City to judge hislher responsibility, experience and skill. An attachment can b Name and Phone No. of Person Name and Address 1. 8 1 108198 Contract No. FAC98-9 Page 20 of 55 Pages h 1 II e B I I I 8 1 I 8 I I 1 I BIDDERS CERTIFICATE OF INSURANCE FOR LIABILITY AND WORKERS' COMPENSATION GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOT I (To Accompany Proposal) As a required part of the Bidder's proposal the Bidder must attach either of the following to th page. 1. Certificates of insurance showing conformance with the requirements herein for: I Comprehensive General Liability Employer's Liability Automobile Liability Workers Compensation 2. Statement with an insurance carrier's notarized signature stating that the carrier can, and payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurai Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance Agency showing conformance with the requirements herein. I All certificates of insurance and statements of willingness to issue insurance for auto policies to meet the specification of this contract must: (1) meet the conditions stated in The Notice Bids, the Standard Specifications for Public Works Construction and the Special Provisions project for each insurance company that the Contractor proposes, and (2) cover any vehicle the performance of the contract, used onsite or offsite, whether owned, non-owned or hir whether scheduled or non-scheduled. The auto insurance certificate must state the coveral "any auto" and cannot be limited in any manner. R 1. 1 1/08/98 Contract No. FAC98-9 Page 21 of 55 Pages ,- , I., _. .I j. , x, . This certifioate of ,, SPNPEE CR '32872 R ULSBY INSURANCE AGENCY 76 NAVAJO ROAD CA 92020 DENNIS WHARTON DBA: WHARTON GENERAL CONTRACTING P.O. BOX 712920 CA 92072 ER'S & CONTRACTORS PROT AC11019809 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY NON-OWNED AUTOS DITIONAL INSURED 30 DAYS WRI" NOTICE TO THE CERTIFICATE HOLDER N 1200 CARLSBAD VILLAGE DR. CA 92008 F- * CtW OF CARLSBAD SURPLUS WNE BROKER AFFIDAVIT a Broker Name: Address : City/State/Zip: Dare: --h/= Project Name; u>&c&=d Ga+-3&lL- -4-T@3 cm dG Type of insurance: I cemfy that 4Wb "y --- ddS, iS the Broker of Record for LLA~~ c-,,t-*rt"e/a L ("Contactor") who is required to provide insurance under the specifications of the above contract. I mer ccmfy hat as Broker of Record for ContxactorI I have contacted the insurance companies listed belowI ail o€ whom rneer the City's requirements included kt Resolution No. 9/-W 3 and all of whom have refused to write the required policy due ro rhe type of risk invoived. &\ @&\ L\* Insurance Carrier: 5J,LJGx!3 PEL- Name of Contact: &%\ &7T Address: kk.i4T&v 4 i/A&Y 1 CA Dace: TIC&? Reason for Refusal: Best's Rating 444- Listed by Stare Insurance %a % F-KTk~Tt-J~bJ Gd,&5!JkE5 C o dssioner (Yes/N 0) Insurance carrier: W* FQLE 1 %q5 bQ. Name of Contact: (m~ih WA tWi3 Address: 6 E5-?2c%7-, s. 0 ~ cs?.24 GB Date: -dqc Reason for Refusaf: i(Qde3 Beds Rating Ai- Listed by State lmurancc qa Commissioner (Ycs/No) a F a L Insurance Gamer: Name of Contact: SYYCc i, Address: ~A~Wfi \cA 0 Date: '4 hE: Reason for Refusal: Best's Raring A -r Listed by State Insurance Gg& a dm -3- G I & GG &23-..1 dG Cohsioncr (Yes/No) ru\lgtJXG3T&% -+ Canuactor is requesting that the City accept CYXS-I 4 company who is a SUI he carrier having an A-:V or betrer radng h the most recent issue of Best's Ratif7g Guide who hac an office within tht Stsate of California at the following address in order to effect sa of process. Name of Surplus Line Canier; -~~~T~c'L \T4SULdE a Address: 233 s. I%* ST @t.-o PL Cityis tatelzip: f-Jm,&JA& . a\?E i.p~Ii5:A 9 I Address to effect Service of Process wichin the State of California. a Name: i UdS. + L- ----la &Li4y5mc LT,\ 4% *-J Address: I Ciry/S tat4Zip: Q%c;s, b qWI Dated: 71dqp1 I cemfy under penalty of pejury rhat the foregoing facts are me and correct. Signed: sm- LCL, 0 Broker of Record 0 I! 1 I I I I BIDDERS STATEMENT RE DEBARMENT '0 (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bic another jurisdiction in the State of California? / Yes no 2. If yes, what wadwere the name(s) of the agency(ies) and what wadwere the perk debarment(s)? Attach additional copies of this page to accommodate more than two debarm party debarred party debarred 1 agency agency 1 period of debarment period of debarment I. 1 1 1 1 I 1 I BY CONTRACTOR: (print nameltitle) I. 1 1/08/98 Contract No. FAC98-9 Page 22 of 55 Pages I, R I I I 1 I BIDDERS DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors’ State Board which has jurisdiction to investigate complaints against contractors if a complaint reg; patent act or omission is filed within four years of the date of the alleged violation. A cc regarding a latent act or omission pertaining to structural defects must be filed within 10 yea1 date of the alleged violation. Any questions concerning a contractor may be referred Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor’s license suspended or revoked by the C Contractors’ State license Board two or more times within an eight year period? ‘e / 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 h contractor’s license suspended or revoked by the California Contractors’ State license Boarc more times within an eight year period? I I@ Yes no / 4. Has the suspension or revocation of the license of any subcontractor’s that you pro perform any portion of the Work ver been stayed? / Yes no I 1 I 1 I I 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, tt disciplined, the date of and violation that the disciplinary action pertain to, describe the natur violation and the disciplinary action taken therefor. I (Attach additional sheets if necessary) BIDDERS DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, tt who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, c the nature of the violation and the condition (if any) upon which the disciplinary action was I I. t 1/08/98 Contract No. FAC98-9 Page 23 of 55 Pages I' I 8 1 I 1[ 1 1 I. 1 1 8 I 8 I I 1. (Attach additional sheets if necessary) (print name/title) P I 1/08/98 Contract No. FAC98-9 Page 24 of 55 Pages x " I 8 1 I 1 1 1 i 1 8 51 I I NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 '0 State of California 1 County of ) ) ss. 9EAm/S K. h/; #fila /3#4; , being first duly sworn, der (Name of Bidder) and says that he or she is 0 /WA/ER (Title) ,% of L4 ,h+&7? 1% Af GE/VS&) nw/77z/P r hY/? d ( (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behall undisclosed person, partnership, company, association, organization, or corporation; that tt genuine and not collusive or sham; that the bidder has not directly or indirectly induced or any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, co connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone sha from bidding; that the bidder has not in any manner, directly or indirectly, sought by agr communication, or conference with anyone to fix the bid price of the bidder or any other bidd fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or tc any advantage against the public body awarding the contract of anyone interested in the p contract; that all statements contained in the bid are true; and, further, that the bidder I directly or indirectly, submitted his or her bid price or any breakdown thereof, or the ( thereof, or divulged information or data relative thereto, or paid, and will not pay, any fec corporation, partnership, company association, organization, bid depository, or to any me 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 affid, I @ executed on the / 9 day of .hV/'%V ,19Y2. / Subscribed and sworn to before me on the hPaa$ay of /q&y 14 I T- I (NOTARY SEAL) /&&&L Sign@ of Notary I. 1 1/08/98 Contract No. FAC98-9 Page 25 of 55 Pages A’’ Wharton G en era1 Contractors LC. 407451 0 BUSINESS STATEMENT - OF QUALIFICATIONS 0 Qualification St at ement Balance Sheet Profit & Loss Customer Referrals Job Experience - 1997 0 P.O. BOX 712920 SANTEE, CA 92072-2920 8626 SIESTA ROAD SANTEE, CA 92071 (619) 596-9300 FAX (619) A’u Whart,on General Contractors Business Ou alificatiun Statement LC. 407451 0 SUBMITTED TO: ADDRESS: SUBMITTED BY: Dennis K. Wharton NAME: Wharton General Contractors STREET ADDRESS: 8626 Siesta Road Santee, CA 92071 MMLING ADDRESS: P.O. Box 71290 Santee, CA 92072-2920 TYPE OF BUSINESS: Individual ‘ TYPE OF WORK: General Construction CALIFORNIA CONTRACTORS LICENSE NUMBER: #I07451 B YEAR ISSUED: 613 018 I OWNER: Dennis K. Wharton ADDRESS: 1 15 6 Evilo Street El Cajon, CA 92021 SOCUL SECURITY #: 552-72-8455 HOME PHONE: (619) 447-6763 FEDERAL I. D. #: 33-0558109 BANK A FFILIA TION: Cuyamaca Bank 8002 La Mesa Blvd. P.O. Box 3857 La Mesa, CA 91944-3857 Checking: 122240340-2-0078 19 Savings: 122240340-2-805 170 EXPERIENCE: See Attached REFERENCES: See Attached FINANCING: See Attached The injbrmafion provided herein is true and .w@iently complete so as nof io be misleading. -__ __ - ’ k& a - -_ . . . - - _- - -. _I__ - ____ -..gLJX.-- Date Dennis K. Whae Wharton General Contractors P.O. BOX 712920 SANTEE, CA 92072-2920 8626 SIESTA ROAD SANTEE, CA 92071 (619) 596-9300 FAX (619) WHARTON GENERAL CONTRACTORS As of December 31,1997 Balance Sheet 0 Dec 31, '97 ASSETS Current Assets ChecklnglSavlngs 1000 - Petty Cash 425.00 1010 - CheckingGeneral 5,029.97 1020 * Checking-Field (30.74) 666.61 Total CheckinglSavlngs 6,090.84 Accounts Receivable 1200 - Accounts Receivable 102,384.53 102,3&4.53 Total Accounts Receivable Total Current Assets 108,475.37 1500 - Land 64,wo.00 1505 * Building 46,813.00 1510 - Truck-Ranger 19,452.00 1516 . Truck-FlSO 13,346.00 ____ - 1030 - Savings Account -. Fixed Assets 1600 - Accumulated Depreciaition (7,362.00) Total Fixed Assets 136,249.00 TOTAL ASSETS 244,724.37 LIABILITIES L EQUITY Liabilities Current Liabilities Accounts Payable 83,639.95 ____. 2000 - Accounts Payable e Total Accounts Payable 83,639.95 Other Current Liabilities 5,996.54 Total Other Current Liabilities 5,996.54 Total Current Liabilities 89,636.49 2500 - Grossmont Bank 1,266.05 11,998.14 I 00,m.00 1 13,263.1 9 _.- 2050 - Accrued Payroll Taxes Long Term Liabilities 2610 - Ford Motor Credit 2520 - Cuyamaca Banksiesta Property Total Long Term Liabilities --- Total Liabilities 202,899.68 54,958.1 1 Equity Net Income 29,789.92 3900 * Owners Equity 3950 - Draws (42,923.34) Total Equity 41,824.m TOTAL LIABILITIES 8 EQUITY 244,724.37 0 WHARTON GENERAL CONTRACTORS Profit and Loss e January through December 1997 Jan - Dec '97 Ordinary Income/Expense income 4000 - Construction Revenue 1,116,922.33 Total Income 1 ,I 16,922.33 Cost of Goods Sold 5000 . Materials 91,676.40 SO10 - Materials-Extra 1,367.00 5160 * Subsistance 30,145.20 5400 - SubContractors 5(33,090.00 5410 - Sub Contractor-Extra 52,649.80 5500 - Appliance 2,437.77 5,660.33 SI0 - Rental 10,492.64 Total COGS 897,519.1 4 Gross Profit 419,403.19 6000 * Account Development 9,406.21 6010 * Marketing 1,969-42 22,285.06 6020 - Auto 6030 - Bank Charges 181.80 21 2.96 6040 * Bids 6050 * Clothing 71.31 6090 - Entertainment, Meals, etc. 2,753.40 5,272.97 6100 * Fees 6110 -Workers' Compensation 22,426.82 6120 - Insurance-Bonding 185.00 6130 - Insurance-Health 3,848.00 6140 - Insuranceliability 11,281.89 5600 - Tools & Equipment Expense 2,868.40 6145 - Insurance- Auto 614.24 61SO - lnsurancelife 6160 - Interest 3,965.70 8,059.25 6170 - Legal 20,016.71 6190 - Offke 6196 - Employee Benefit 3,001.94 6200 - Payroll Expenses 251,318.31 1,297.90 400.44 6230 * Repairs 6240 - Travel 526.31 6260 - Real Estate Fees 0 6180 - Maintenance 58.53 6205 - Payroll Garnishments 279.62 6220 * Permlts, License, Fees, etc. 6250 - Utilities 17,996.48 .~- Total Expense 380,278.67 29,124.52 Net Ordinary Income Other IncomelExpense Other Income 685.40 _-- 7000 - Interest Earned Total Other Income 665.40 665.40 29,789.92 Net Other Income -- Net Income e A’’ Wharton General Contractors LC. 407451 0 CUSTOMER REFERRAL LIST Carl Karcher Enterprises, Inc. Denny’s Restaurants Charco Construction Construction Division P.O. Box 4999 3355 Michelson Drive 7065 El Cajon Blvd. Anaheim, CA 92803 Imine, CA 9271 5 San Diego, CA 921 15 (800) 422-4141 (3 10) 376-5902 (619) 287-1633 Contact: Tom Wilhelm Contact: Greg Lockhart Contact: Chuck Swimmer Sneed Management 4513 55” Street 4900 Baltimore Drive 5922 El Cajon Blvd. San Diego, CA 92 1 15 Ken Wharton Photography La Mesa, CA 92041 San Diego Center for the Bli San Diego, CA 92 1 15 (619) 286-7502 (619) 494-1981 (619) 583-1542 a Contact’ Jack or Steve Sneed Contact: Ken Wharton Contact: Kin Gibbens Other previous & ongoing clients: Frank Redmond & Assoc. Lamplighter Apartments Paul Miller Co. Verstratien Financial Young & Co. S.D. First Assembly of God Price Club S.D. Fine Woodworking Assoc. Learning Academy Mission Manor Apartments Centre City Property Management 0 CUSTOMER REFERRAL LIST P.O. BOX 712920 SANTEE, CA 92072-2920 8626 SIESTA ROAD SANTEE, CA 92071 (619) 596-9300 FAX (619) e 0 0 WHARTON GENERAL CONTRACTORS COMPLETED &JOBS IN PROGRESS FOR 1997 CUSTOMER ~~ImIl-YE CARL KARCHER ENTERPRISES, INC. Carl's Jr. #358 Image Enhancement 24 hour schedule 510 N. San Jacinto Interior & Exterior 6 days Hemit, CA Carl's Jr. #I53 Image Enhancement 24 hour schedule 16815 Devonshire Street Interior & Exterior 6 days Granada Hills, CA Carl's Jr. #81 Image Enhancement 24 hour schedule 524 Inland Center Drive Interior & Exterior 6 days San Bernardino, CA Unit closed 5 days Carl's Jr. #85 Image Enhancement 24 hour schedule Glendora, CA Carl's Jr. #85 Image Enhancement 24 hour schedule 9002 East Firestone Interior & Exterior 6 days Downey, CA Carl's Jr. #B18 Image Enhancement 24 hour schedule 1375 Garnet Ave. Interior & Exterior 6 days San Diego, CA Carl's Jr. #213 1 1509 Laurel Canyon Extras San Fernando, CA Carl's Jr. #153 Misc. 24 hour schedule 16815 Devonshire Street Interior Enhancements 5 days Granada Hills, CA Carl's Jr. #81 Demo & Finish of 24 hour schedule 524 Inland Center Drive Drive-Thru Window 5 days San Bemardino, CA Interior & Exterior Unit closed 4 days Carl's Jr. #85 image Enhancement 24 hour schedule Glendora, CA Unit closed 4 days Carl's Jr. # 85 Image Enhancement 24 hour schedule Downey, CA Carl's Jr.#318 Image Enhancement 24 hour schedule San Diego, CA Unit closed 5 days Unit closed 5 days Interior & Exterior 6 days Unit closed 5 days i Unit closed 5 days Unit closed 5 days ADA upgrades & misc. Time & Materials Unit closed 4 days Interior & Exterior 5 days Interior & Exterior 5 days Unit closed 4 days r Interior 8 Exterior 5 days Unit closed 4 days Page 1 / Jobs97 e e 0 WHARTON GENERAL CONTRACTORS COMPLETED &JOBS IN PROGRESS FOR 1997 (CONTINUED) CUSTOMER ~,,,,I/l-ZZJl-T CARL KARCHER ENTERPRISES, INC. Carl's Jr. # 96 Image Enhancement 24 hour schedule Irvine, CA Carl's Jr. #40 Image Enhancement 24 hour schedule Costa Mesa, CA Carl's Jr. #210 Image Enhancement 24 hour schedule Redondo Beach Carl's Jr. #E82 Rally's Conversion 54 days Bakersfield, CA Carl's Jr. #181 Image Enhancement 24 hour schedule Encinitas, CA Carl's Jr. X)1 Image Enhancement 24 hour schedule Solona Beach, CA Carl's Jr. #407 Image Enhancement Night work only Unit open Duarte, CA Green Burrito Carl's Jr. #288 Auto Damage Day work Clairmont, CA Carl's Jr. #585 Image Enhancement 24 hour schedule Imperial Beach, CA Carl's Jr. #I66 Image Enhancement 24 hour schedule Santa Maria, CA Carl's Jr. #99 Image Enhancement 24 hour schedule Lake Forest, CA Carl's Jr. #194 Image Enhancement 24 hour schedule Riverside, CA Interior 5 days Unit closed 4 days * Interior & Exterior 5 days Unit closed 4 days Green Burrito only 4 days Unit closed 3 days Interior & Exterior 5 days Unit closed 4 days Interior & Exterior 5 days Unit closed 4 days Interior only 4 days 4 days Interior & Exterior 5 days Unit closed 4 days Interior & Exterior 5 days Unit closed 4 days Interior & Exterior 5 days Unit closed 4 days Interior & Exterior 5 days Unit closed 4 days Page 2 1 Jobs97 CUSTOMER mmr Carl's Jr. #544 Gardena, CA Carl's Jr. #7(JJ6 Lemon Grove, CA Image Enhancement 24 hour schedule Interior & Exterior 5 days Unit closed 4 days Image Enhancement 24 hour schedule Interior & Exterior 5 days Unit closed 4 days Carl's Jr. #95 Governor Drive San Diego, CA Carl's Jr. #42 Panarama City, CA Green Burrito Only 24 hour schedule 4 days Unit closed 3 days Image Enhancement 24 hour schedule Interior & Exterior 5 days Unit closed 4 days Carl's Jr. #396 Colton, CA Green Burrito Only Night Work 4 days Unit Open Carl's Jr. #587 Rancho Carrnel Drive San Diego, CA Image Enhancement 24 hour schedule Interior & Exterior 5 days Unit closed 4 days Carl's Jr. #256 Whittier, CA Image Enhancement 24 hour schedule Interior & Exterior "Good Wa1k"Conversion-Extras Unit Open Carl's Jr. #E43 Victorviile, CA Image Enhancement 24 hour schedule Interior & Exterior 5 days Unit closed 4 days Carl's Jr. #I 20 Nation City, CA Green Burrito Onty Night Work Only 5 days Unit Open Carl's Jr. #660 Gorman, CA Image Enhancement 24 hour schedule Interior & Exterior 5 days Unit Open Carl's Jr. #613 University Ave. San Diego, CA 0 Image Enhancement 24 hour schedule Interior & Exterior 5 days Unit open 0 e e WHARTON GENERAL CONTRACTORS COMPLETED &JOBS IN PROGRESS FOR 1997 (CONTINUED) CUSTOMER lrmr *- CARL KARCHER ENTERPRISES, INC. Carl's Jr. #I53 Image Enhancement 24 hour schedule r Montebello, CA Unit open Carl's Jr. #508 Green Burrito Evening & night work Conoga Park, CA Unit Open Interior & Exterior 5 days 4 days i Carl's Jr. #I 13 Green Burrito Evenings & night work Newhall, CA Unit Open Carl's Jr. #E51 Mural Display Night work Oceanside, CA Unit Open 4 days 2 nights Carl's Jr. #E2 Mural Display Night Work San Diego, CA Unit Open Carl's J.r #646 Salad Bar Night Work Chino Hills Unit Open Carl's Jr. #613 Mural Display Night Work Universrty Ave. 1 night San Diego, CA Unit Open Carl's Jr. #I52 FRP Night Work Banning, CA Unit Open 2 nights 2 nights 1 night B I I Page 4 I Jobs97 a e e WHARTON GENERAL CONTRACTORS COMPLETED & JOBS IN PROGRESS FOR 1997 (Continued) CUSTOMER ~l-TZl~1I-T DENNY'S RESTAURANTS 3 Units in San Diego Replacement of Capets Midnight to 5 AM 3 Units in San Diego Change out of Welcome Centers Midnight to 6 AM SNEED MANAGEMENT Masonry Work 7:30 AM to 6:W PM 4824 Monroe Ave Wall San Diego, CA Waterproofing & resurface 7:30 AM to 6:oO PM walkways & steps El Cajon Blvd. San Diego, CA San Diego Center for the Blind Parking lot re-hab 7:30 AM to 6:30 PM El Cajon Blvd. San Diego, CA e 1 1 I I Page 5 I Jobs97 CONTRACT PUBLIC WORKS e This agreement is made this 16th day of July I 19 98 t between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and WHARTON GENERAL CONTRACTORS whose principal place of business (he 8626 SIESTA ROAD, SANTEE, CA 92071 called "Contractor"). City and Contractor agree as follows: 1. for: Description of Work. Contractor shall perform all work specified in the Contract doc Fire Station # 3 - Remodel Contract No. FAC98-9 (he rei nafte r called "project") 2. equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation c Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Exy Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PI: Specifications, the Special Provisions, addendum(s) to said Plans and Specifications anc Provisions, and all proper amendments and changes made thereto in accordance with this or the Plans and Specifications, and all bonds for the project; all of which are incorporated 1 this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the indicated, specified, and implied by the Contract Documents. Any items of work not indi specified, but which are essential to the completion of the work, shall be provided at the Cor expense to fulfill the intent of said documents. In all instances through the life of the Coni City will be the interpreter of the intent of the Contract Documents, and the City's decision r said intent will be final and binding. Failure of the Contractor to apprise subcontrac materials suppliers of this condition of the Contract will not relieve responsibility of complian 4. Payment. For all compensation for Contractor's performance of work under this Con1 shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specific; Public Works Construction (SSPWC) 1994 Edition, and the 1995 and 1996 supplement: hereinafter designated "SSPWC", as issued by the Southern California Chapter of the I Public Works Association, and as amended by the Special Provisions section of this cont Engineer will close the estimate of work completed for progress payments on the last workii each month. Provisions of Labor and Materials. Contractor shall provide all labor, materia @ 0 5. Independent Investigation. Contractor has made an independent investigatic 1 /08/98 Contract No. FAC98-9 Page 26 of 55 Pages jobsite, the soil conditions at the jobsite, and all other conditions that might affect the prc the work, and is aware of those conditions. The Contract price includes payment for all 1 may be done by Contractor, whether anticipated or not, in order to overcome und conditions. Any information that may have been furnished to Contractor by City about und conditions or other job conditions is for Contractor's convenience only, and City does no that the conditions are as thus indicated. Contractor is satisfied with all job conditions, underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions, If the contract involve: trenches or other excavations that extend deeper than four feet below the surface Contra promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardoi as defined in section 251 17 of the Health and Safety Code, that is required to be remc Class I, Class 11, or Class Ill disposal site in accordance with provisions of existing law. 8. Differing Conditions. Subsurface or latent physical conditions at the site differing fr indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any nature, different materially from those ordinarily encountered and generally recognized as in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially or do involve hazardous waste, and cause a decrease or increase in contractor's costs time required for, performance of any part of the work shall issue a change order L procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions I differ, or involve hazardous waste, or cause a decrease or increase in the contractor's c time required for, performance of any part of the work, contractor shall not be excused scheduled completion date provided for by the contract, but shall proceed with all w( performed under the contract. Contractor shall retain any and all rights provided either bl or by law which pertain to the resolution of disputes and protests between the contracting p 7. Immigration Reform and Control Act. Contractor certifies it is aware of the reqr of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has and will comply with these requirements, including, but not limited to, verifying the eli! employment of all agents, employees, subcontractors, and consultants that are includc Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depa Industrial Relations has determined the general prevailing rate of per diem wages in ac with California Labor Code, section 1773 and a copy of a schedule of said general prevai rates is on file in the office of the City Engineer, and is incorporated by reference herein. to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of deft indemnify and hold harmless the City, and its officers and employees, from all claims, loss, injury and liability of every kind, nature and description, directly or indirectly arising fi connection with the performance of the Contract or work; or from any failure or alleged 1) * rl) 1/08/98 Contract No. FAC98-9 Page 27 of 55 Pages Contractor to comply with any applicable law, rules or regulations including those relating and health; and from any and all claims, loss, damages, injury and liability, howsoever tl may be caused, resulting directly or indirectly from the nature of the work covered by the ( except for loss or damage caused by the sole or active negligence or willful misconduct of The expenses of defense include all costs and expenses including attorneys' fees for arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the awai contract to Contractor, and Contractor will pay all costs, including defense costs for Defense costs include the cost of separate counsel for City, if City requests separate couns 10. Insurance. Contractor shall procure and maintain for the duration of the contract ir against claims for injuries to persons or damage to property which may arise from or in cc with the performance of the work hereunder by the Contractor, his or her agents, represe employees or subcontractors. Said insurance shall meet the City's policy for insurance as Resolution No. 91-403. (A) Coverage's And Limits Contractor shall maintain the types of coverage's and minim indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single occurrence for bodily injury and property damage. If the policy has an aggregate limit, a aggregate in the amounts specified shall be established for the risks for which the City or it! officers or employees are additional insured. b. Automobile Liability Insurance: $1,000,000 combined single limit per accident f injury and property damage. In addition, the auto policy must cover any vehicle USE performance of the contract, used onsite or off-site, whether owned, non-owned or hi whether scheduled or non-scheduled. The auto insurance certificate must state the cover: "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensal as required by the Labor Code of the State of California and Employers' Liability limits of $1 per incident. Workers' compensation offered by the State Compensation Insurance acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance requir this agreement contain, or are endorsed to contain, the following provisions. General Employers' Liability and Automobile Liability Coverage's: a. The City, its officials, employees and volunteers are to be covered as additional in respects: liability arising out of activities performed by or on behalf of the Contractor; proc completed operations of the contractor; premises owned, leased, hired or borrowec contractor. The coverage shall contain no special limitations on the scope of protection a1 the City, its officials, employees or volunteers. All additional insured endorsements evidenced using separate documents attached to the certificate of insurance; one for each affording general liability, employers' liability and auto liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the officials, employees and volunteers. Any insurance or self-insurance maintained by the officials, employees or volunteers shall be in excess of the contractor's insurance and a @ 0 contribute with it. 1/08/98 Contract No. FAC98-9 Page 28 of 55 Pages c. Any failure to comply with reporting provisions of the policies shall not affect coverage to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each against whom claim is made or suit is brought, except with respect to the limits of the liability. (C) "Claims Made" Policies. If the insurance is provided on a "claims made" basis, ( shall be maintained for a period of three years following the date of completion of the work. (D) Notice Of Cancellation. Each insurarxe policy required by this agreement shall be t to state that coverage shall not be non-renewed, suspended, voided, canceled, or re1 coverage or limits except after thirty (30) days' prior written notice has been given to thf certified mail, return receipt requested. (E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or sel retention levels must be declared to and approved by the City. At the option of the City, ei insurer shall reduce or eliminate such deductibles or self-insured retention levels as res1 City, its officials and employees; or the contractor shall procure a bond guaranteeing pa losses and related investigation, claim administration and defense expenses. (F) Waiver Of Subrogation. All policies of insurance required under this agreement sha a waiver of all rights of subrogation the insurer may have or may acquire against the City 1 its officials or employees. (G) Subcontractors. Contractor shall include all subcontractors as insured under its pi shall furnish separate certificates and endorsements for each subcontractor. Cover: subcontractors shall be subject to all of the requirements stated herein. (H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the bu: insurance by the State of California Insurance Commissioner as admitted carriers as evider listing in the official publication of the Department of Insurance of the State of Californi under the standards specified by the City Council in Resolution No. 91 -403. (I) Verification Of Coverage. Contractor shall furnish the City with certificates of insur: original endorsements affecting coverage required by this clause. The certifica endorsements for each insurance policy are to be signed by a person authorized by that i bind coverage on its behalf. The certificates and endorsements are to be in forms approvt City and are to be received and approved by the City before the Contract is executed by the (J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be re: accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, P (commencing with section 20104) which are incorporated by reference. A copy of Artic included in the Special Provisions I section. The contractor shall initially submit all cla $375,000 to the City using the informal dispute resolution process described in Public Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the ( Government Code) for any claim or cause of action for money or damages prior to filing ar @ @ 0 1/08/98 Contract No. FAC98-9 Page 29 of 55 Pages for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted tc must be asserted as part of the contract process as set forth in this agreement an anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, i considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly I false claim to a public entity. These provisions include false claims made with deliberate i! of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to 1 Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a fa may subject the Contractor to an administrative debarment proceeding wherein the Contra be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections : 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referc (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that deba another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subc from participating in future contract bidding. I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and make available at no c( City, upon request, records in accordance with sections 1776 and 181 2 of Part 7, Chapter 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princi of business as specified above, Contractor shall so inform the City by certified letter accor the return of this Contract. Contractor shall notify the City by certified mail of any change o of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wit1 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be si for any monies withheld by the City to secure performance of this contract for any ( established by this contract. Any other security that is mutually agreed to by the Contractc City may be substituted for monies withheld to ensure performance under this Contract. 1) 0 (Initial) .* 15. Provisions Required by Law Deemed Inserted. Each and every provision o 1 l08J98 Contract No. FAC98-9 Page 30 of 55 Pages clause required by law to be inserted in this Contract shall be deemed to be inserted he included herein, and if, through mistake or otherwise, any such provision is not inserted, correctly inserted, then upon application of either party, the Contract shall forthwith be c amended to make such insertion or correction. e ... ... ... ... ... ... ... ... ... ... ... rl) ... ... ... (I, 1/08/98 Contract No. FAC98-9 Page 31 of 55 Pages 16. Additional Provisions. Any additional provisions of this agreement are set fori "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES Ml ATACHED 1) (CORPORATE SEAL) CONTRACTOR: 7 &#ARE,2: GW&W I G?A*h%GWl~< (name of Contractor) (print name and title) ' (sign here) * BY: (print name and title) President or vice-president and secretary or assistant secretary must sign for corporation one officer signs, the corporation must attach a resolution certified by the secretary or secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney a 1/08/98 Contract No. FAC98-9 Page 32 of 55 Pages BOND #57648 LABOR AND MATERIALS BOND 0 WHEREAS, the City Council of the City of Carlsbad, State of California, by F N~. 98-171 , adopted ,JUNE 9, 1998 , has av (hereinafter designated as the "Principal"), a Contract for: Fire Station # 3 - Remodel Contract No. FAC98-9 in the City of Carlsbad, in strict conformity with the drawings and specifications, and othei Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the tern require the furnishing of a bond, providing that if Principal or any of their subcontractors : pay for any materials, provisions, provender or other supplies or teams used in, upon or performance of the work agreed to be done, or for any work or labor done thereon of an' Surety on this bond will pay the same to the extent hereinafter set forth. WHAR'ION GENERAL CXlNTRAcMRS NOW, THEREFORE, WE, WHARTON GEKERAL CXl~CI'OW AMERICAN o3NTRAcToRs as Principal, (hereinafter designated as the "Contractor"), and INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWELVE ~OIJEX T€€REE! HUNDRED SIXTY-SIX AND NO/lOO ($ 12,366.00 ), said sum being fifty percent (50%) of the estimated amount the City of Carlsbad under the terms of the Contract, for which payment well and truly ti we bind ourselves, our heirs, executors and administrators, successors, or assigns, severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subconl to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, 01 performance of the work contracted to be done, or for any other work or labor thereon c or for amounts due under the Unemployment insurance Code with respect to such work 1 for any amounts required to be deducted, withheld, and paid over to the Employment DE Department from the wages of employees of the contractor and subcontractors pursuanl 13020 of the Unemployment Insurance Code with respect to such work and labor that the pay for the same, not to exceed the sum specified in the bond, and, also, in case suit upon the bond, costs and reasonable expenses and fees, including reasonable attornel be fixed by the court, as required by the provisions of section 3248 of the California Civil ( This bond shall inure to the benefit of any and all persons, companies and corporations file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with sectic Surety stipulates and agrees that no change, extension of time, alteration or addition to t the Contract, or to the work to be performed thereunder or the specifications accomf same shall affect its obligations on this bond, and it does hereby waive notice of a extension of time, alterations or addition to the terms of the contract or to the wor 0 I) a specifications. 1 /08/98 Contract No. FAC98-9 Page 33 of 55 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contrac not exonerate the Surety from its obligations under this bond. ' Executed by CONTRACTOR this 2&" Executed by SURETY this 1 8th day of 4 t8IAlE ,I9 9f. of JUNE 1 - CONTRACTOR: SURETY: WHARWN GENERAL COJYJTRAWRS AMERICAN CONTRACTORS INDEMNITY (name of Contractor) (name of Surety) By: 9841 AIRFQRT BLVD,, #1414, LOS (address of Surety) afiw,s ic . /J*flA > F&..&) 31 0/649-0990 (print name here) (title ahd organization of signatory) (telephone number of Surety OkWE4 , /if ]&AdiTQ??j & *AJ,-A~- Qjt,,mm,&> By: By: (sign here) ---" (print name here) porate resolution showing ( power of attorney) -.-1--. (titie and organization of signatory) @ (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attach (President or vice-president and secretary or assistant secretary must sign for corporation! one officer signs, the corporation must attach a resolution certified by the secretary or secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney e 1/08/98 Contract No. FAC98-9 Page 34 of 55 Pages FOND #57648 FAITHFUL PERFORMANCENVARRANTY BOND @ WHEREAS, the City Council of the City of Carlsbad, State of California, by Rl No. 98-171 , adopted JUNE 9, 1998 , has aw , (he1 WHARTON GENERAL CDmCI'ORS designated as the "Principal"), a Contract for: Fire Station # 3 - Remodel Contract No. FAC98-9 in the City of Carlsbad, in strict conformity with the contract, the drawings and specificati other Contract Documents now on file in the Office of the City Clerk of the City of Carlsb which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the term! require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, WHARTON CZFERAL CDmCI'ORS , as F (hereinafter designated as the "Contractor"), and AMERICAN CDN'I'RAmw lm"ITy c , as Surety, are held and firmly bound unto the City of ( in the sum of HuNDRED THIRTJ-TWo Dollars ($ 24,732-00 ), said sum bei to one hundred percent (100%) of the estimated amount of the Contract, to be paid to ( certain attorney, its successors and assigns; for which payment, well and truly to be made ourselves, our heirs, executors and administrators, successors or assigns, jointly and : firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contrac heirs, executors, administrators, successors or assigns, shall in all things stand to and abidc well and truly keep and perform the covenants, conditions, and agreements in the Contracl alteration thereof made as therein provided on their part, to be kept and performed at the in the manner therein specified, and in all respects according to their true intent and meal shall indemnify and save harmless the City of Carlsbad, its officers, employees and a! therein stipulated, then this obligation shall become null and void; otherwise it shall remi force and effect. As a part of the obligation secured hereby and in addition to the face amount specified there shall be included costs and reasonable expenses and fees, including reasonable i fees, incurred by the City in successfully enforcing such obligation, all to be taxed as c included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the the Contract, or to the work to be performed thereunder or the specifications accompai same shall affect its obligations on this bond, and it does hereby waive notice of any extension of time, alterations or addition to the terms of the contract or to the work specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contra not exonerate the Surety from its obligations under this bond. TwlmTY-FOuR TJ3ousAND sm @ e 1/08/98 Contract No. FAC98-9 Page 35 of 55 Pages Executed by SURETY this 18th 3 pd2 e Executed by CONTRACTOR this day of TGA*- ,I9 w. JUNE ,1998 CONTRACTOR: SURETY: WHARTON GENERAL CONTRACTORS AMERICAN coNTRAcIylRs IrnrnITY c (name of Contractor) (name of Surety) By: 9841 AIRPORT BLVD., #1414, LOS AD (address of Surety) C 31 0/649-0990 ?/di (telephone number of Surety) Itg-&&b9 L2.7 &rzT& (iint :ame her: (-J&,JZ/g&? ~ & ]A&R m& ) GeIGEwf (Title and Organization of Signatory By: (sign here) (print name here) (Attach corporate resolution showing power of attorney.) @ (Title and Organization of signatory) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attact- (President or vice-president and secretary or assistant secretary must sign for corporation one officer signs, the corporation must attach a resolution certified by the secretary or secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney e 1 /08/98 Contract No. FAC98-9 Page 36 of 55 Pages A American Contractors Indemnity Company 0 Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a Califc (the “Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint: Joanne Burdette of San Diego, California as its true and lawful Attorney(s)-in-fact, in amount of $_2eLBnO. 00 , to execute, seal and deliver for and on its bel and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrume of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its prin This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions ad of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of D RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or A shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Sei thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof an 2. To remove, at any time, any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such p< any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatun shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and 1 be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument tc corporate seal to be affixed by its authorized officer this a 18 t h day of October AMERICAN C 0 8 5 INCORPORATED SEPT.26,1990 E q By: Andy/ Fau%, President STATE OF CALIFORNIA =QLmKd COUNTY OF LOS ANGELES On October 18, 1996 before me, Norma Virgilio , personally appeared And personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to met same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of whic executed the instrument. WITNESS my hand and official seal. - U t9 CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directa as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPAN correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revok force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 18th day of JUNE a Albert Baumgarten, Secret CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT California County of Los Angeles before me, B Caindec, Notary Public JUNE 18, 1998 Date hame and Title of C-icer (e g Jane Doe Notary Public ) personally appeared Joanne Burdette W personally known to me - < to be the person1 whose name(4 islaaxsubscribed to the within instrumc and acknowledged to me that mshe&txgexecuted t same inXHher/t&& authorized capacity-, and that Name($ of Signer@) Description of Attached Document Title or Type of Document: Document Date: Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Joanne Burdette 0 individual C Individual 0 Corporate Officer 0 Partner - 0 Limited 0 General i Partner - 1 Limited 1 General cxl Attorney-in-Fact C: Attorney-in-Fact 0 Guardian or Conservator 3 Guardian or Conservator 5 Corporate Officer Title(s) - Signer Is Representing: American Contractors Signer Is Representing Reorder Call Toll Fri 0 1995 National Nolary Association - 8236 Remmet Ave PO Box 7184 - Canoga Park CA 91309 7184 Prx \o 5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT California June 22, 1998 before me, Mary Louise Shamoo Date Name and Title of Officer (e g , "Jane Doe, Notary Public") Dennis K. Wharton personally appeared personally known to me - OR -@roved to me on the basis of satisfactory evidence to be the perso whose name(s) is/are subscribed to the within instrun and acknowledged to me that he/she/they executed same in his/her/their authorized capacity(ies), and tha his/her/their signature(s) on the instrument the persor or the entity upon behalf of which the person(s) ac executed the instrument. WITNESS my hand and official seal. Narne(s) of Signer(s) Though the information below is not required by law, it may prove valuable to persons relying on the document and could pre fraudulent removal and reattachment of this form to another document. Description of Attached Document Title Labor or Type and of Materia1s Document: %&hful Perfomance/Warranty Bond, Contract public v Document Date: June 9, 1998 IW%%r of Pages: 34 & 36 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 0 Individual 0 Individual 0 Corporate Officer CI Corporate Officer 0 Partner - 0 Limited 0 General cl Attorney-in-Fact C Attorney-in-Fact Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: Reorder Call Toll 0 1995 National Notary Association * 8236 Remmet Ave , PO Box 7184 * Canoga Park, CA 91309-7184 Prod No 5907 CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive 0 Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION The following representation and certification shall be completed, signed and returned t Carlsbad as a part of the bid package. REPRESENTATIONS: Mark all applicable blanks. Are you currently certified y CALTRANS? This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: YES NO - ,P Certification #: CERTIFICATION OF BUSINESS REPRESENTATION(S): Mark all applicable blanks. This offeror repre part of this offer that: / minority busine! This firm is-, is is not- not-7a a woman-owned I This firm is-, WOMAN-OWNED BUSINESS: A woman-o\ ness is a business of which at least 51 owned, controlled and operated by a woman Controlled is defined as exercising the powc policy decisions. Operation is defined a involved in the day-to-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE DEFINITIONS: M IN 0 RlTY BUS IN E SS E N TE RP RISE: " M ino rity Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTION CONTRACTOR: defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, CLASSIFICATIoN(S): L!? 1 Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific LlCENSE NUMBER: qpy%a;-/ Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted. a TAXPAYERS I.D. No. '' k os/@6 e 1/08/98 Contract No. FAC98-9 Page 37 of 55 Pages OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsba address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "C whose adc hereinaft "Contractor" and whose ad her 0 called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of C the contractor has the option to deposit securities with the Escrow Agent as a subs retention earnings required to be withheld by the City pursuant to the Construction Contrac into between the City and Contractor for Fire Station # 3 - Remodel Contract No. FAC 91 amount of dated (hereinafter referred "Contract"). Alternatively, on written request of the contractor, the City shall make paymer retention earnings directly to the escrow agent. When the Contractor deposits the securi substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the The Escrow Agent shall maintain insurance to cover negligent acts and omissions of thc agent in connection with the handling of retentions under these sections in an amount not $100,000 per contract. The market value of the securities at the time of the substitution s least equal to the cash amount then required to be withheld as retention under the tern contract between the City and Contractor. Securities shall be held in the namc , and shall designate the Contractor as the I owner. 2. The City shall make progress payments to the Contractor for such funds which otherwi be withheld from progress payments pursuant to the Contract provisions, provided that thc Agent holds securities in the form and amount specified above. 3: When the City makes payment of retention's earned directly to the escrow agent, th agent shall hold them for the benefit of the contractor until such time as the escrow creat this contract is terminated. The contractor may direct the investment of the paym securities. All terms and conditions of this agreement and the rights and responsibilitic parties shall be equally applicable and binding when the City pays the escrow agent directl) 4. The contractor shall be responsible for paying all fees for the expenses incurred by th Agent in administering the Escrow Account and all expenses of the City. These expel payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escro\ interest earned on that interest shall be for the sole account of Contractor and shall be I withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow only by written notice to Escrow Agent accompanied by written authorization from City to th Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contra 0 0 I ioma Contract No. FAC98-9 Page 38 of 55 Pages 7. The City shall have a right to draw upon the securities in the event of default by the Cr Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrc shall immediately convert the securities to cash and shall distribute the cash as instructc City. 8. Upon receipt of written notification from the City certifying that the Contract is final and and that the Contractor has complied with all requirements and procedures applicabl Contract, the Escrow Agent shall release to Contractor all securities and interest on del escrow fees and charges of the Escrow Account. The escrow shall be closed immedial disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the c pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor I Escrow Agent harmless from Escrow Agent's release, conversion and disbursemer securities and interest as set forth above. IO. The names of the persons who are authorized to give written notices or to receik notice on behalf of the City and on behalf of Contractor in connection with the foregc exemplars of their respective signatures are as follows: For City: Title 1) 0 Name Signature Address rl) For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrr a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper office date first set forth above. For City: Title * Name 1 IO8198 Contract No. FAC98-9 Page 39 of 55 Pages Address Signature e For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address e e 1/08/98 Contract No. FAC98-9 Page 40 of 55 Pages SPECIAL PROVISIONS FOR FIRE STATION # 3 - REMODEL CONTRACT NO. FAC98-9 a SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCl PART 1, GENERAL PROVISIONS SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMB 1-1 TERMS Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sct or words of similar import are used, it shall be understood that reference is made to t accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar ir used, it shall be understood that the direction, designation or selection of the Engineer is i unless stated otherwise. The word "required" and words of similar import shall be undei mean "as required to properly complete the work as required and as approved by the E unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", i words of similar import are used, it shall be understood such words are followed by the e> "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "a "acceptance", or words of similar import are used, it shall be understood that the q acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contract1 expense, shall perform all operations, labor, tools and equipment, and further, inclu furnishing and installing of materials that are indicated, specified or required to mean Contractor, at its expense, shall furnish and install the work, complete in place and read including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. 0 0 1/08/98 Contract No. FAC98-9 Page 41 of 55 Pages City Manager - the City Manager of the City of Carlsbad or hislher approved representativc Dispute Board - persons designated by the City Manager to hear and advise the City Mal claims submitted by the Contractor. The City Manager is the last appeal level for informa resolution. Engineer - the City Engineer of the City of Carlsbad or hislher approved representative. Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of thc Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who 6 directed, supervised and paid by the Contractor to accomplish the completion of the Work. such employees have their employment taxes, State disability insurance payments, S Federal income taxes paid and administered, as applicable, by the Contractor. When Section 2-3.1 ”own organization” means construction equipment that the Contractor owns ( and uses to accomplish the Work. Equipment that is owner operated or leased equipmen operator is not part of the Contractor’s Own Organization and will not be included for the pi compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator who is employed by neither the Contractor nor a subcontractor and is neither an agent or E of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of a * 0 informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract admi and first level for informal dispute resolution. Project Manager - the Facilities Superintendent of the City of Carlsbad or hislher a representative. Senior Inspector - the Project Inspector’s immediate supervisor and first level of a1 informal dispute resolution. SECTION 2 -9 SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions the Contractor to complete 50 percent of the contract price with its own organization, tht may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 F the value of the work performed in excess of 50 percent of the contract price by other Contractor’s own organization. The City Council shall be the sole body for determina violation of these provisions. In any proceedings under this section, the prime contractoi entitled to a public hearing before the City Council and shall be notified ten (IO) days in a( the time and location of said hearing. The determination of the City Council shall be final. 0 1/08/98 Contract No. FAC98-9 Page 42 of 55 Pages 2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first pi having to do with a surety being listed in the latest revision of U.S. Department of Treasury 570. Modify Paragraphs three and four to read: The Contractor shall provide a performance/warranty bond and payment bond (labor and materials bond) for this contr: faithful performance/warranty bond shall be in the amount of 100 percent of the contract r the payment bond shall be in the amount of 50 percent of the contract price. Both bot extend in full force and effect and be retained by the Agency during this project until released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amounl after recordation of the Notice of Completion and will remain in full force and effect for the warranty period and until all warranty repairs are completed to the satisfaction of the Engine The payment bond shall be released six months plus 30 days after recordation of the I Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admi authorized to transact the business of insurance in California and whose assets excf liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to co following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by 2) A certified copy of the certificate of authority of the insurer issued by the ii 0 other instrument entitling or authorizing the person who executed the bond to do so. commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and lia the insurer at the end of the quarter calendar year prior to 30 days next preceding the dz execution of the bond. The financial statement shall be made by an officer's certificate as c Section 173 of the Corporations Code. In the case of a foreign insurer, the financial staten be verified by the oath of the principal officer or manager residing within the United States. e 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Specifications for Public Works Construction, (SSPWC), 1994 Edition, and the 1995 a sumlements thereto, hereinafter designated "SSPWC", as issued by the Southern ( Chapter of the. American Public Works Association, and as amended by the Special P section of this contract. The construction plans consist of 1 set of drawings. The set is designated as City of Drawing No. FAC98-9 and consists of 13 sheets. The standard drawings used for this pr the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designate as issued by the San Diego County Department of Public Works, together with the City of Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are as an appendix to these Special Provisions. 2-5.3.3 Submittals, add the following: When submitted for the Engineer's revie Drawings shall bear the Contractor's certification that he has reviewed, checked, and appi Shop Drawings and that they are in conformance with the requirements of the Contract Do The Contractor shall subscribe to and shall place the following certification on all submittals @ 1 /08/98 Contract No. FAC98-9 Page 43 of 55 Pages "I hereby certify that the (equipment, material) shown and marked in this submittal is that 1 to be incorporated into this Project, is in compliance with the Contract Documents, can be in the allocated spaces, and is submitted for approval. By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete record set of blue-line prints, which shall be corrected in red daily and show every change original drawings and specifications and the exact "as-built" locations, sizes and kinds of ea underground piping, valves, and all other work not visible at surface grade. Prints for this may be obtained from the Agency at cost. This set of drawings shall be kept on the job anc used only as a record set and shall be delivered to the Engineer upon completion of t Payment for performing the work required by section 2-5.4 shall be included in various bid ii no additional payment will be made therefor. 0 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall provide copies of all record Contractor's or subcontractor's possession pertaining to the work that the Engineer may req Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make availablc Engineer, within San Diego County, accurate books and accounting records relative ' activities. The Engineer shall have the right to monitor, assess, and evaluate Cor performance pursuant to this Agreement, said monitoring, assessments, and evaluations tc but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and ir of Contractor's staff. At any time during normal business hours and as often as the Engir deem necessary, upon reasonable advance notice, Contractor shall make available to the t for examination, all of its records with respect to all matters covered by this Contract and w the Engineer to audit, examine, copy and make excerpts or transcripts from such data and and to make audits of all invoices, materials, payrolls, records of personnel, and other data to all matters covered by this Contract. However, any such activities shall be carried manner so as to not unreasonably interfere with Contractor's ongoing business opi Contractor shall maintain such data and records for as long as may be required by applica and regulations. 0 SECTION 3 -- CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrei minor Bid Item, the use of this basis for the adjustment of payment will be limited to that pi the change, which.together will all previous changes to that item is not in excess of 25 perce total cost of such item based on the original quantity and Contract Unit Price. Adjustn excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3- @ Work. 1 /08/98 Contract No. FAC98-9 Page 44 of 55 Pages 3-3.2.2 ( c ) Tool and Equipment Rental, Rega ownership, the rates and right-of-way delay factors to be used in determining rental and del shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CAL current at the time of the actual use of the tool or equipment. The right-of-way delay factor: shall be used as multipliers of the rental rates for determining the value of costs for del; Contractor and subcontractors, if any, The labor rates published therein are not a par contract. 3-3.2.3 Markup, replace with the following: (a) and shall constitute the markup for all overhead and profits: I) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be a1 compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performe Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’! cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portio extra work and a markup of 5 percent on work added in excess of $5,000 of the subcoi portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, Payr extra work will not be made until such time that the Contractor submits completed daily rep( all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete pa five (5), and add the following: The Contractor shall not be entitled to the payment of any ac compensation for any act, or failure to act, by the Engineer, including failure or refusal to change order, or for the happening of any event, thing, occurrence, or other cause, unless I have first given the Engineer due written notice of potential claim as hereinafter SF Compliance with this section shall not be required as a prerequisite to notice provisions in Se 7.3 Contract Time Accounting, nor to any claim that is based on differences in measurer errors of computation as to contract quantities. The written notice of potential claim for c conditions shall be submitted by the Contractor to the Engineer upon their discovery and pric time that the Contractor performs the work giving rise to the potential claim. The Contractor’: to give written notice of potential claim for changed conditions to the agency upon their di’ and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description particular circumstances giving rise to the potential claim, the reasons for which the Coi believes additional compensation may be due and nature of any and all costs involved wi working days of the date of service of the written notice of potential claim for changed con Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claii Government Code Sections 12650-1 2655. second paragraph, modify as follows: 0 Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSP Work by Contractor. The following percentages shall be added to the Contractoi @ add the following after the second sentence: 0 1/08/98 Contract No. FAC98-9 Page 45 of 55 Pages “The undersigned certifies that the above statements are made in full cognizance of the C False Claims Act, Government Code sections 12650-1 2655. The undersigned further undl and agrees that this potential claim, unless resolved, must be restated as a claim in respon: City’s proposed final estimate in order for it to be further considered.” The Contractor’s estimate of costs may be updated when actual costs are known. The Cc shall submit substantiation of its actual costs to the Engineer within 20 working days i affected work is completed. Failure to do so shall be sufficient cause for denial of ai 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 the contract be brought to the attention of the Engineer at the earliest possible time in 01 such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written potential claim prior to commencing any disputed work. Failure to give said notice shall cor waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding witt resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the c( shall attempt to resolve all disputes informally through the following dispute resolution command: 1. Project Inspector 2. Senior Inspector 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completioi disputed work stating its position on the claim, the contractual basis for the claim, along documentation supporting the costs and all other evidentiary materials. At each level of appeal of claim the City will, within 10 working days of receipt of said claim or appeal ( review the Contractor’s report and respond with a position, request additional information 01 that the Contractor meet and present its report. When additional information or a mi requested the City will provide its position within 10 working days of receipt of said a information or Contractor’s presentation of its report. The Contractor may appeal eac position up to the City Manager after which he may proceed under the provisions of th Contract Code. The authority within the dispute resolution chain of command is limited to recomme resolution to a claim to the City Manager. Actual approval of the claim is subject to the chan provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commenl Section 201 04) which is set forth below: 0 @ 3. Principal inspector a 1/08/98 Contract No. FAC98-9 Page 46 of 55 Pages ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS I) 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five t dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contract public agency when the public agency has elected to resolve any disputes pursuant to AI (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code that "public work" does not include any work or improvement contracted for by the stat Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pa! money or damages arising from work done by, or on behalf of, the contractor pursuar contract for a public work and payment of which is not otherwise expressly provided fc claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or spec for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate tt Claims must be filed on or before the date of final payment. Nothing in this subdivision is intl extend the time limit or supersede notice requirements otherwise provided by contract for of claims . (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall re: writing to any written claim within 45 days of receipt of the claim, or may request, in writin 30 days of receipt of the claim, any additional documentation supporting the claim or re defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursua subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be sub1 the claimant within 15 days after receipt of the further documentation or within a period 01 greater than that taken by the claimant in producing the additional information, whichever is (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three seventy-five thousand dollars ($375,000), the local agency shall respond in writing to a claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of r the claim, any additional documentation supporting the claim or relating to defenses to the ( local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursua subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be sub1 the claimant within 30 days after receipt of the further documentation, or within a period 01 greater than that taken by the claimant in producing the additional information or rc documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to within the time prescribed, the claimant may so notify the local agency, in writing, either \ days of receipt of the local agency's response or within 15 days of the local agency's 1 respond within the time prescribed, respectively, and demand an informal conference to n confer for settlement of the issues in dispute. Upon a demand, the local agency shall scl meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in disl claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and C (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government C @ e 1/08/98 Contract No. FAC98-9 Page 47 of 55 Pages purposes of those provisions, the running of the period of time within which a claim must shall be tolled from the time the claimant submits his or her written claim pursuant to subdiv until the time that claim is denied as a result of the meet and confer process, including any I time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor construed to change the time periods for filing tort claims or actions specified by Ct (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claim5 to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, 1 shall submit the matter to non-binding mediation unless waived by mutual stipulation of bott The mediation process shall provide for the selection within 15 days by both parti disinterested third person as mediator, shall be commenced within 30 days of the submi shall be concluded within 15 days from the commencement of the mediation unless requirement is extended upon a good cause showing to the court or by stipulation of both F the parties fail to select a mediator within the 15-day period, any party may petition the appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pui Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Prr notwithstanding Section 1141.1 1 of that code. The Civil Discovery Act of 1986 (/ (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil prc shall apply to any proceeding brought under the subdivision consistent with the rules pert judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators a for purposes of this article shall be experienced in construction law, and, upon stipulatic parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of p( exceed their customary rate, and such fees and expenses shall be paid equally by the except in the case of arbitration where the arbitrator, for good cause, determines a different In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Civil Procedure, any party who after receiving an arbitration award requests a trial de novo not obtain a more favorable judgment shall, in addition to payment of costs and fees ur chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mec 0 @ arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is un except as othetwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the lega any arbitration award or judgment. The interest shall begin to accrue on the date the suit is court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free a access to any and all parts of work at any time. Contractor shall furnish Engineer wi information as may be necessary to keep the Engineer fully informed regarding progrt 0 1/08/98 Contract No. FAC98-9 Page 48 of 55 Pages manner of work and character of materials. Inspection or testing of the whole or any portio work or materials incorporated in the work shall not relieve Contractor from any obligation e this Contract. 4-1.4 Test of Materials, add the following: Except as specified in these Special Provis Agency will bear the cost of testing materials and/or workmanship where the results of SI meet or exceed the requirements indicated in the Standard Specifications and the Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approve before the delivery is started. All materials proposed for use may be inspected or tested at during their preparation and use. If, after incorporating such materials into the Work, it is fc sources of supply that have been approved do not furnish a uniform product, or if the proc any source proves unacceptable at any time, the Contractor shall furnish approved mate other approved sources. If any product proves unacceptable after improper storage, hand1 any other reason it shall be rejected, not incorporated into the work and shall be removed project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exc requirements of the specifications shall be borne by the Agency. Said tests may be mad place along the work as deemed necessary by the Engineer. The costs of any retes necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible satisfactory performance of substituted items. If, in the sole opinion of the Engine substitution is determined to be unsatisfactory in performance, durability, compatibil associated items, availability of repair parts and suitability of application the Contract1 remove the substituted item and replace it with the originally specified item at no cos Agency . @ SECTION 5 -- UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by of known records, endeavored to locate and indicate on the Plans, all utilities which exist v limits of the work. However, the accuracy and/or completeness of the nature, size and/or Io utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor cii the failure of other parties to relocate utilities that interfere with the construction, the Co upon request to the Engineer, may be permitted to temporarily omit the portion of work affc the utility. Such omission shall be for the Contractor’s convenience and no additional comp will be allowed therefor. The portion thus omitted shall be constructed by the Cc immediately following the relocation of the utility involved unless otherwise directed by the E * 1 /08/98 Contract No. FAC98-9 Page 49 of 55 Pages SECTION 6 -- PROSECUTION, PROGRESS AND e ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsec and substitute the following: The Contractor shall begin work within acalendar da receipt of the “Notice to Proceed”. Add the following section: 6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s pre revision and maintenance of the Construction Schedule are incidental to the work and no payment will be made therefor. 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, equipn materials, and performing all operations necessary to complete the Project Work as show Project Plans and as specified in the Specifications. The work includes various facility alt to comply with required ADA Improvements. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of week11 Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. Thc Representative shall be the individual determined under section 7-6, “The Cor Representative”, SSPWC. No separate payment for these meetings will be made. 0 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall providl notice to the Engineer within two hours of the beginning of any period that the Contractor ha any workers or equipment on standby for any reason that the Contractor has determini caused by the Agency or by any organization that the Agency may otherwise be obligated Contractor shall provide continuing daily written notice to the Engineer, each work throughout the duration of such period of delay. The initial and continuing written notic include the classification of each workman and supervisor and the make and model of each equipment placed on standby, the cumulative duration of the standby, the Contractor’s 01 the cause of the delay and a cogent explanation of why the Contractor could not avoid the reasonable means. Should the Contractor fail to provide the notice(s) required by this sec Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefo 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosec work to completion within 40 working days after the starting date specified in the Notice to P 6-7.2 Working Day. Unless otherwise approved in writing by the E the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays Fridays, excluding Agency holidays. The Contractor shall obtain the written approva Engineer if the Contractor desires to work outside said hours or at any time during weekend holidays. This written permission must be obtained at least 48 hours prior to such wc Engineer may approve work outside the hours and/or days stated herein when, in his/ Add the following: 0 1 /08/98 Contract No. FAC98-9 Page 50 of 55 Pages opinion, such work conducted by the Contractor is beneficial to the best interests of the Age Contractor shall pay the inspection costs of such work. No work shall be performed by the contractor after the normal working hours stated abc Contractor shall incorporate the dates, areas and types of work prohibited in this sectic Construction Schedule required by section 6.1. No additional payment, adjustment of bid adjustment of contract time of completion will be allowed as a consequence of the proh work being performed within the dates, areas and/or types of work prohibited in this section 6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted (1) year after recordation of a "Notice of Completion" and any faulty work or materials dis during the warranty period shall be repaired or replaced by the Contractor, at its expense. five percent of the faithful performance bond shall be retained as a warranty bond for the c warranty period. a 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first of the second paragraph and add the following: For each consecutive calendar day in e the time specified for completion of Work, as adjusted in accordance with 6-6, the Contra( pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500.00) Execution of the Contract shall constitute agreement by the Agency and Contractor that $50 day is the minimum value of costs and actual damages caused by the Contractor to comi Work within the allotted time. Any progress payments made after the specified completion d not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insu have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authc conduct business in the state of California and are listed in the official publication of the Del of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance placed with insurers that are admitted and authorized to conduct business in the state of C and are listed in the official publication of the Department of Insurance of the State of C Policies issued by the State Compensation Fund meet the requirement for workers' comp insurance . 7-5 PERMITS. Except as specified herein the agt obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building necessary to perform work for this contract on Agency property, in streets, highways (exce highway right-of-way), railways or other rights-of-way. Contractor shall not begin work permits incidental to the work are obtained. The Contractor shatl obtain and pay for all pe the disposal of all materials removed from the project. The cost of said permit(s) shall be in the price bid for the appropriate bid item and no additional compensation will be allowed tt 0 Modify the first sentence to read: 7-7 COOPERATION AND COLLATERAL WORK. 7-8 PROJECT SITE MAINTENANCE. a 1/08/98 Contract No. FAC98-9 Page 51 of 55 Pages 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control require shall also be executed on weekends and other non-working days when needed to pres health safety or welfare of the public. The Contractor shall conduct effective cleanup i control throughout the duration of the Contract. The Engineer may require increased cleanup and dust control that, in hidher sole discretion, are necessary to preserve the healt and welfare of the public. Cleanup and dust control shall be considered incidental to the work that they are associated with and no additional payment will be made therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be c with mufflers in good repair when in use on the project with special attention to the Ci Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 0 7-10 PUBLIC CONVENIENCE AND SAFETY. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all nl precautions for the safety of employees on the work and shall comply with all applicable p of Federal, State and Municipal safety laws and building codes to prevent accidents or persons on, about, or adjacent to the premises where the work is being performed. The C shall erect and properly maintain at all times, as required by the conditions and progre: work, all necessary safeguards for the protection of workers and public, and shall use dan! warning against hazards created by such features of construction as protruding nails, ho holes, and falling materials. SECTION 9 -- MEASUREMENT & PAYMENT 9-3 PAYMENT. e 9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each mo Engineer will make an approximate measurement of the work performed to the closure basis for making monthly progress payments. The estimated value will be based on conti prices, completed change order work and as provided for in Section 9-2 of the S Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calenc after the closure date. Five (5) working days following the closure date, the Engine complete the detailed progress pay estimate and submit it to the Contractor for his info Should the Contractor assert that additional payment is due, the Contractor shall within days of receipt of the progress estimate, submit a supplemental payment request to the E with adequate justification supporting the amount of supplemental payment request. Upor of the supplemental payment request, the Engineer shall, as soon as practicable after determine whether the supplemental payment request is a proper payment request. Engineer determines that the supplemental payment request is not proper, then the requc be returned to the Contractor as soon as practicable, but not later than seven (7) days after The returned request shall be accompanied by a document setting forth in writing the reasi the supplemental payment request was not proper. In conformance with Public Contra Section 20104.50, the City shall make payments within thirty (30) days after receir: undisputed and properly submitted supplemental payment request from the Contractor. If [ of the undisputed supplemental payment request is not made within thirty (30) days after re the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 0 1/08/98 Contract No. FAC98-9 Page 52 of 55 Pages 9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agen retain 10 percent of such estimated value of the work done and 10 percent of the value of n so estimated to have been furnished and delivered and unused or furnished and stc aforesaid as part security for the fulfillment of the contract by the Contractor, except tha time after 20 percent of the work has been completed, if the Engineer finds that sati progress is being made, the Agency may reduce the total amount being retained from F pursuant to the above requirements to 5 percent of the total estimated value of said w materials and may also reduce the amount retained from any of the remaining partial payr 5 percent of the estimated value of such work and materials. In addition, on any partial F made after 95 percent of the work has been completed, the Agency may reduce the withheld from payment pursuant to the requirements of this Section to such lesser amount Engineer determines is adequate security for the fulfillment of the balance of the work ar requirements of the contract, but in no event will said amount be reduced to less than 125 of the estimated value of the work yet to be completed as determined by the Engineer reduction will only be made upon the written request of the Contractor and shall be appi writing by the surety on the Performance Bond and by the surety on the Payment Bon approval of the surety shall be submitted to the Engineer; the signature of the person execu approval for the surety shall be properly acknowledged and the power of attorney authoriz to give such consent must either accompany the document or be on file with the Agency. 9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspec Engineer will make a Final Payment Estimate and process a corresponding payment. This will be in writing and shall be for the total amount owed the Contractor as determine( Engineer and shall be itemized by the contract bid item and change order item with quant payment amounts and shall show all deductions made or to be made for prior paymc amounts to be deducted under provisions of the contract. All prior estimates and progress p shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate written statement disputing any bid item or change order item quantity or payment amou Contractor shall provide all documentation at the time of submitting the statement suppc position. Should the Contractor fail to submit the statement and supporting documentatic the time specified, the Contractor acknowledges that full and final payment has been ma( contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned 1 Engineer will review the disputed item within 30 calendar days and make any apl adjustments on the Final Payment. Remaining disputed quantities or amounts not approve Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce basis and amount of said claims. The Engineer will consider and determine the Contractor' and it will be the responsibility of the Contractor to furnish within a reasonable time sucl information and details as may be required by the Engineer to determine the facts or cor involved in its claims. Failure to submit such information and details will be sufficient c denying the claims. 9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitte Agency within 30 calendar days of receipt of Final Payment for all claims for the entire pro, claim will be considered that was not included in this written statement, nor will any claim be for which written notice or protest is required under any provision of this contract including 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.' @ @ il) I iotma Contract No. FAC98-9 Page 53 of 55 Pages Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has comp notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascc basis and amount of said claims. The Engineer will consider and determine the Contractor and it will be the responsibility of the Contractor to furnish within a reasonable time suc information and details as may be required by the Engineer to determine the facts or COI involved in its claims. Failure to submit such information and details will be sufficient c denying the claims. Payment for claims shall be processed within 30 calendar days of receipt of the written stat further information, whichever is longer, for those claims approved by the Engineer. The C shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for tho$ remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. into the work will be included in the progress estimate. @ The cost of materials and equipment delivered but not incc 0 0 1/08/98 Contract No. FAC98-9 Page 54 of 55 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2 CONSTRUCTION PLAN FAC98-9 a Consists of 13 sheets and is not attached to these specifications. 0 0 1/08/98 Contract No. FAC98-9 Page 55 of 55 Pages e a, 1399 3=3 %i?4 IIIEGD COtrrfrY F~ECORBDEK'S DFFII Recording requested by: When recorded mail to: CITY OF CARLSBAD OFFICIAL ~E~F;B~ City Clerk City of Carlsbad FEES: 0.00 GREGORY 3. SWIYH, WUNTY RECORIIEI 881.7 1200 Carlsbad Village Drive Carlsbad CA 92008 Y@ ;d p d NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of 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, Californ 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on Octo 1998. 6. The name of the contractor, if any, for such work of improvement is Wharton General Contractors. 7. The property on which said work of improvement was completed is in the City of Carls County of San Diego, State of California, and is described as follows: 8. The street address of said property is: Fire Station No. 3 Renovation - Contract No. FAC98-9. Fire Station No. 3, 3701 Catalina Dr., Carlsbad CA 92008 CITY OF CARLSBAD &LAJ L Charles Walden Facilities Superintendent VERIFICATION OF CITY CLERK I, the undersigned say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 920 City Council of said City on , 1999 accepted the above work a$ 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 January 27 , 1999 at Carlsbad, California January 26