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HomeMy WebLinkAboutWrisley Landscape Inc; 1997-10-24; 33481-P1A.2POINSETTIA PARK EROSION REPAIR £ DRAINAGE IMPROVEMENTS PROJECT NO. 33481-P1A.2 Wrisley Landscape, Inc. City of Carlsbad Purchasing Department Septembers, 1997 ADDENDUM NO. 1 RE: PROJECT NO. 33481-P1A.2 - POINSETTIA PARK EROSION REPAIR & DRAINAGE IMPROVEMENTS Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum—receipt acknowledged—must be attached to your Proposal form/Bid when your bid is submitted. FLETCHER Purchasing Officer RF:KD:kd Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 C Bidder's Signature 1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (760) 434-2803 • FAX (760) 434-1987 |c TABLE OF CONTENTS Item Page NOTICE INVITING BIDS 1 CONTRACTOR'S PROPOSAL 4 DESIGNATION OF SUBCONTRACTORS 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 11 BIDDER'S CERTIFICATE OF INSURANCE 12 BIDDER'S STATEMENT RE: DEBARMENT... 13 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 16 CONTRACT -- PUBLIC WORKS 17 REPRESENTATION AND CERTIFICATION 24 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION 25 SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 28 4/8/97 IC CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008-1989, until 5:00 P.M. on the 10" day of September, 1997, for performing the work as follows: OPEN MARKET CONTRACT NO. 33481 -P1A.2 The work shall be performed in strict conformity with the specifications on file with the Community Services Department. The specifications for the work include the Standard Specifications of Public Works Construction. 1994 Edition, and the 1995 and 1996 supplements thereto, all hereafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available and where appropriate. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by another jurisdiction in California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. The documents which must be completed, properly executed, and notarized are: 1. Contractor's Proposal 6. Bidder's Statement of Technical Ability and 2. Non-Collusion Affidavit Experience 3. Designation of Subcontractors 7. Bidder's Statement re: Debarment and Amount of Subcontractors 8. Bidder's Disclosure of Discipline Record Bids 9. The Open Market Contract-Public Works 4. Certificate of Insurance 10. Purchasing Department Representation and 5. Bidder's Statement of Financial Certification Responsibility 11. Escrow Agreement for Security Deposits (optional) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The City's Estimate is S 23.000. No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: A and C-27; in accordance with the provisions of state law. -1 - 4/8/97 1 1 A City of Carlsbad Business License is required for all contractors and sub contractors. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, at $ No Charge per set. If plans and specifications are to be mailed, the cost for postage should be added. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of Section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site, will be held at Poinsettia Park on September 4. 1997; at 9:00 a.m. All bids are to be computed on the basis of lump sum prices. In case of a discrepancy between words and figures, the words shall prevail. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to C -2- 4/8/97 meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract is contingent upon the Contractor submitting the required insurance as described in the contract, within twenty days. If the contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security may be forfeited. The prime contractor and subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. BY SUBMITTING A BID YOU ARE INDICATING THAT YOU ARE CAPABLE OF- AND WILLING TO OBTAIN INSURANCE THAT MEETS THESE REQUIREMENTS. WORK ON THIS PROJECT WILL NOT BEGIN UNTIL THE SUCCESSFUL BIDDER HAS SUBMITTED PROOF THAT THE PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST BE RECEIVED BY THE CITY WITHIN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, OR AWARD MAY BE WITHDRAWN. Ruth xjetcher, Purchasing Officer i • • -3-4/8/97 CITY OF CARLSBAD OPEN MARKET CONTRACT NO. CONTRACTOR'S PROPOSAL City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Open Market Contract No. 33481-P-1A2 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: ITEM LUMP SUM TOTAL $20,000.00 Project "A" (Base Bid) (located above the northwest corner of the existing ballfield). All improvements designated as Project "A" on the plans. Project "B" (Add Alternate) $ 2'800-00 (Located in the left field of the future "Field No. 2"). All improvements designated as Project "B" on the plans. $2,000.00 Project "C" (Add Alternate) (Located on the southwest corner of the existing tennis courts). All improvements designated as Project "C" on the plans. PLEASE NOTE: Contract will be awarded on the basis of the lump sum price for Project "A" (Base Bid). V**1 -4- 4/8/97 14 it* it* Total amount of bid in wbfds(Project "A" Base Bid onjy): Twenty Thousand and 00/100 Total amount of bid in numbers (Project "A": Base Bid only): $ 20,000.00 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this proposal. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary [ ] Bonds [applicable only if checked] and insurance polices within twenty (20) days from the date of award of contract by the City the City may, administratively authorize the award of the contract to the second or third lowest bidder. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity ofa contractor within the State of California, validly licensed under license number 363228-^ classification c~27 which expires on 08/31/98*^ and that this statement is true and correct and has the legal effect of an affidavit. <§ A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. ' 7028. 15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code '201 04. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. -5- 4/8/97 The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted 11 (2) Signature (given and surname) of proprietor 4 (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. -6- 4/8/97 IF A CORPORATION. SIGN HERE: Wrisley Landscape, Inc.(1) Name under which business is conducted Signature \ r "V Vice President Title Impress Corporate Seal here, (3) Incorporated under the laws of the State of Callfornia %. (4) Place of Business 3603 Pico Road (Street and Number) City and State Vista, CA 92084 (5) Zip Code 92084 _ Telephone No. (760) 749-4941 NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: -7- 4/8/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 |! State Of California I: County of San Diego I I On September 10, 1997 beforeme Helen Crum, Notary Public | DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" >\ j personally appeared Brian Maynard . { i | Q personally known to me - OR - D i i ii i i \ i ^ ^ -& **"•***•••• i ' /0^t\ HELEN CRUM 15 2 JC^£&& CommWon #1077991 z \ i V£SB Notary Public -CaMomta f \ i ^lEr San Diego County r j ^^^ ^ ^ ^ -_ ^ ^ -r^r ^ 11» ! 5 Though the data below is not required by law, it ma j fraudulent reattachment of this form. 1 i CAPACITY CLAIMED BY SIGNER( |, D INDIVIDUAL | [S CORPORATE OFFICER j Vice President J TITLE(S) | D PARTNER(S) D LIMITED | D GENERAL | D ATTORNEY-IN-FACT | D TRUSTEE(S) | D GUARDIAN/CONSERVATOR 8 D OTHER:1 | 1 V SIGNER IS REPRESENTING: j NAME OF PERSON(S) OR ENTITY(IES) 1 1i NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S//? <y^ SIGNATURE OF NOTARY y prove valuable to persons relying on the document and could prevent DESCRIPTION OF ATTACHED DOCUMENT Open Market Contract TITLE OR TYPE OF DOCUMENT Thirty (30) NUMBER OF PAGES September 10, 1997 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 8gaeM«BaBafe{8B^^ ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 DESIGNATION OF SUBCONTRACTORS (To Accompany Proposal) The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code -- "Subletting and Subcontracting Fair Practices Act." No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each sub-contractor. Additional pages can be attached if required: This project doesj^ does not have bid items designated as "SPECIALTY ITEMS." Items of Complete Address Phone No. * Work Full Company Name with Zip Code & Area Code 11 Mow Curb Rudy's Curbs 1450 Melrose Ave. (619) 476-0190 » #102 Chula Vista, CA 91911 Concrete " " " Same As Above - 8 - 4/8/97 AMOUNT OF SUBCONTRACTORS' BIDS (To Accompany Proposal) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Type of State Contracting Carlsbad Business Amount of Bid Full Company Name License & No. License No.* ($ or %) Rudy's Curbs 683869 NONE 15% Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. -9- 4/8/97 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or balance sheets may be submitted under separate cover marked "CONFIDENTIAL." SEE ENCLOSED YEAR END FINANCIAL -10- 4/8/97 Date: WRISLEY LANDSCAPE, INC. May -31, 1997 Balance Sheet As of May 31, 1997 ASSETS Cu, rent Assets CASH IN BANK-GENERAL (119,408.27) CASH IN BANK-PAYROLL (1,947.23) CASH IN BANK-SAVINGS 126.06 SECURITIES 31,416.30 UNREALIZED GAIN ON SECURITIES 949.55 ASSET HOLDING ACCOUNT .00 ACCOUNTS RECEIVABLE-TRADE 335,974.81 RETENTION RECEIVABLE 57,554.83 ACCOUNTS RECEIVABLE-OTHER 400.00 ALLOWANCE FOR BAD DEBTS .OO EMPLOYEE ADVANCES RECEIVABLE 154.15 COSTS & ESTIMATED EARNINGS 96,012.00 Federal Tax Refund Receivable .00 TOTAL CURRENT ASSETS 401,232.20 Work In Process WORK IN PROCESS LABOR .00 WORK IN PROCESS MATERIAL .00 WORK IN PROCESS EQUIPMENT .00WORK IN PROCESS SUBCONTRACT .00 WORK IN PROCESS MISCELLANEOUS .00 WORK IN PROCESS OVERHEAD .00MIP - BEG. BALANCES .00 '"TOTAL WORK IN PROCESS .00 Fixed Assets AUTOS/TRUCKS/TRAILERS ACCUMULATIVE DEPR AUTOS/TRUCKS (167,311.00) MACHINERY & EQUIPMENT ACCUMULATIVE DEPR MACH/EQPT 221,566.20 (167,311.00) 227,536.72 nwouriui_n i A vt. iut.r i-s nm_-n/ c.i»r i (155,5O4.0O) OFFICE EQUIIPMENT 37,943.87 ACCUMULATIVE DEPR OFF/EQPT (30,818.00) OFFICE FURNITURE & FIXTURES 4,184.44 ACCUMULATIVE DEPR OFF/FURN/FIX (3,674.0O) OFFICE TRAILER 5,000.00 ACCUMULATED DEPR-OFFC/TRAILER 4,333.0O TOTAL FIXED ASSETS 134,591.23 Other AssetsREFUNDABLE DEPOSITS 10,187.18 PREPAID TAXES-IRS .OOPREPAID TAXES-FTB 1,600.00PREPAID LIABILITY INSURANCE .00 PREPAID WORKERS COMP INS 7,033.26 PREPAID INTEREST .OO ^REPAID RENT/STORAGE .00 iFERRED TAX ASSET .00 Date: May 31, 1997 'OTAL OTHER ASSETS TOTAL ASSETS WRISLEY LANDSCAPE, INC. Balance Sheet As of May 31, 1997 18,820.44 554,643.87 Date: WRISLEY LANDSCAPE. INC. May 31, 1937 Balance Sheet As of May 31, 1997 LIABILITIES Current Liabilites ACCOUNTS PAYABLE-TRADE 46,189.56 DISCOUNTS AVAILABLE 468.41 ACCOUNTS PAYABLE-OTHER 44,067.83 RENT PAYABLE .00 BILLING ON WORK IN PROCESS .00 ACCRUED VACATION PAYMENT .00 SALARIES PAYABLE .00 WIP Direct Labor Payable .00 FICA PAYABLE 748.04 FEDERAL WITHHOLDING PAYABLE 312.48 3DI PAYABLE 184.92 STATE WITHHOLDING PAYABLE 61.45 SUI PAYABLE 6,870.39 ETF PAYABLE .OO FUTA PAYABLE 1,148.37 WORKMEN'S COMP INS PAYABLE 13,977.47 Employer Contr Sep-Ira Payab .00 IRA-FRANKLIN EMPLOYER PAYABL .00 GENERAL LIABILITY INS PAYABL (12,363.37) INCOME TAX PAYABLE-IRS .00 INCOME TAX PAYABLE-FTB .00 Def Tax Liability 46,098.00 OFFICERS LOAN PAYABLE 35,000.00 BILLINGS IN EXCESS OF COSTS 293,446.00 * *•••••-•••"••••""•"•""^•^""IW 1. l^HBWlB^MmilM TOTAL CURRENT LIABILITIES 476,209.55 Long-Term Liabilities NOTE PAYABLE RVNB CREDIT LIN .00 NOTE PAYABLE FIDELITY 90 CHE .00 NOTE PAYABLE 94 CHEV VINCE .00 NOTE PAYABLE-90 HONDA .00 NOTE PAYABLE-91 Chev BRIAN .00 NOTE PAYABLE-91 Chev JAVIER .00 NOTE PAYABLE 91 MAZDA .OO Note Payable-Backhoe .00 TOTAL LONG-TERM LIABILITIES .00 TOTAL LIABILITIES 476,209.55 CAPITAL CAPITAL STOCK 40,057.00 RETAINED EARNINGS (14,611.00) CURRENT EARNINGS .00 Net Profit / (Loss) 52,988.32 TOTAL CAPITAL 78,434.32 Date: WRISLEY LANDSCAPE, INC. May 31, 1997 . Balance Sheet As of May 31, 1997 TOTAL LIABILITES ?< CAPITAL 554,643.87 =======:=:==:=====:==::=; Date: URISLEY LANDSCAPE, INC. May 31,. 1997 Page: 1 Profit and Loss Statement For the period Hay 1, 1997 to Hay 31, 1997 Current Period Year To Date Aiount Ratio Aiount Ratio SALES SALES-HAINTENANCE 94,377.22 45.22 899,363.21 39.18 SALES-JOBS IN PROCESS 76,837.12 36.81 1,372,714.70 59.80 SALES-NEGOTIATED WORK T/H .00 .00 .00 .00 SALES-MISCELLANEOUS JOBS .00 .00 .00 .00 SALES-JOBS IN PROGRESS 37,508.00 17.97 23,353.00 1.02 FINANCES CHARGES INCOME .00 .00 26.10 .00 SALES DISCOUNTS ALLOWED .00 .00 .00 .00 TOTAL SALES 208,722.34 100.00 2,295,457.01 100.00 COST OF GOODS SOLD DIRECT LABOR 91,241.87 43.71 838,238.92 36.52 VACATION PAY 3,848.00 1.84 13,412.48 .58 HOLIDAY PAY 100.00 .05 14,438.40 .63 EMPLOYE* PAYROLL TAKES 10,358.60 4.96 96,547.48 4.21 WORKMEN'S CONP INSURANCE 12,504.98 5.99 67,290.56 2.93 MAINTENANCE LABOR .00 .00 .00 .00 EMPLOYERS PAYROLL TAXES .00 .00 .00 .00 WORKMEN'S COMP INSURANCE .00 .00 .00 .00 MEDICAL INSURANCE 1,491.01 .71 11,338.48 .49 PURCHASES-MATERIALS-JOB COST 16,321.82 7.82 607,834.39 26.48 PURCHASES-MATERIALS-MAINT 2,188.88 1.05 27,775.95 1.21 PURCHASE-MAT'L MAINT EITRA 839.73 .40 54,638.58 2.38 PULSES MATERIALS - STOCK .00 .00 1,951.62 .09 PURCHASES-MISCELLANEOUS (619.44) (.30) 10,271.71 .45 PURCHASE DISCOUNTS ALLOWED .00 .00 16.75 .00 FREIGHT IN .00 .00 137.05 .01 Freight Out .00 .00 .00 .00 SUBCONTRACT 5,404.36 2.59 40,472.55 1.76 EQUIPMENT RENTAL 7.50 .00 11,126.72 .48 EQUIPMENT RENTAL-MAINTENANCE .00 .00 123.75 .01 BONDING FEES (1,399.94) (.67) (1,399.94) (.06) LICENSES/PERMITS 61.30 .03 288.80 .01 LEGAL/PRELIMS .00 .00 .00 .00 LABOR-OTHER .00 .00 3,228.00 .14 MISCELLANEOUS-OTHER .00 .00 203.25 .01 Safety Awards .00 .00 .00 .00 BLUEPRINTS/BRAKINGS 14.78 .01 308.37 .01 WARRANTY REPAIRS .00 .00 .00 .00 PROPERTY DAMAGE ii BACKCHARGE .00 .00 1,417.67 .06 SANITARY RENTAL .00 .00 56.78 .00 REFUSE DISPOSAL 130.12 .06 1,855.31 .08 Job Utilities/Water 23.84 .01 1,447.04 .06 SHALL TOOLS t SUPPLIES 1,735.21 .83 4,910.01 .21 SOIL t LAB ANALYSIS .00 .00 240.00 .01 TOTAL COGS 144,252.62 69.11 1,808,170.68 78.77 Sftatt PROFIT 64,469.72 30.89 487,286.33 21.23 YARD EXPENSES RENT-YARD .00 .00 .00 .00 Date: Hay 31,1997 HRISLEY LANDSCAPE, INC. Profit and Loss Statement For the period Hay 1, 1997 to Hay 31, 1997 Current Period Year To Date A»unt Ratio Aiount Page: 2 Ratio TELEPHONE-YARD UTIL1TES/HATER-YARD VEHICLE FUEL It OIL-JOB COST VEHICLE FUEL I OIL-HAINTENENCE VEHICLE REPAIRS JOB COST VEHICLE REPAIRS- MAINTENANCE VEHICLE REPAIRS-HISC EQUIPMENT FUEL I OIL EQPT REPAIRS t MAINTENANCE SHALL TOOLS * SUPPLIES VEH/EQUIP OIL/PARTS STOCK SAFETY EQUIPMENT i SUPPLIES YARD MAINTENANCE SALARIES-MECHANICS EHPLOYERS PAYROLL TAXES yORKHEN'S COUP INSURANCE Insurance-Group Hedical REFUSE DISPOSAL SANITARY RENTAL PROPERTY TAXES VEHICLE FUEL TAX VEHICLE LIC/RE6-DHV VEHICLE LEASE EBIpH-NT LEASE UNk ,<S Vip Ending TOTAL YARD EXPENSES 6ROSS PROFIT INC YARD EXPENSES GENERAL EXPENSES ADVERTISING ACCOUNTING ANSUERING SERVICE BAD DEBTS BANK CHARGES CHILD SUPPORT DEDUCTIONS CONTRACTORS BOND BLDG REPAIR k NAINTENANCE COHHUNICATIONS/PA6ERS/RADIOS COHPUTER CONSULTING CONSULTING FEE CONTRIBUTIONS/DONATIONS CORPORATION FEES DEPRECIATION EXPENSE DUES t SUBSCRIPTIONS EQUIPMENT LEASE-OFFICE ENTERTAINMENT EB|C)PAIR/NAINTENANCE-OFFICE INSURANCE-DEDUCTIBLE S/L INSURANCE-GENERAL LIABILITY INSURANCE-GROUP HEDICAL INSURANCE-WORKMEN'S COHP .00 .00 4,660.00 .00 (433.52) 97.04 .00 .00 1,544.81 1,438.79 97.67 .00 .00 4,992.00 676.85 589.72 .00 325.14 .00 .00 .00 283.00 .00 .00 644.11 .00 14,905.61 49,564.11 .00 .00 59.70 .00 (1,211.80) 539.50 .00 250.00 (147.40) .00 .00 100.00 .00 .00 150.00 .00 125.51 .00 .00 .00 338.76 115.60 .00 .00 2.23 .00 (.21) .04 .00 .00 .74 .69 .05 .00 .00 2.39 .32 .28 .00 .16 .00 .00 .00 .14 .00 .00 .31 .00 7.14 23.75 .00 .00 .03 .00 (.58) .26 .00 .12 (.07) .00 .00 .05 .00 .00 .07 .00 .06 .00 .00 .00 .16 .06 .00 .00 50,628.77 90.12 9,482.92 4,280.65 7,693.74 .00 21,004.80 6,728.19 1,985.70 342.79 .00 25,399.80 2,951.25 2,170.34 .00 3,042.07 778.58 .00 .00 6,558.02 .00 204.89 8,431.64 .00 151,774.27 335,512.06 207.75 1,000.00 696.65 1,308.40 2,053.90 (973.75) .00 1,336.76 4,781.44 120.31 .00 378.12 10.00 - .00 4,696.78 .00 2,089.42 (29.13) 1,500.00 10,783.20 10,067.43 599.27 .00 .00 2.21 .00 .41 .19 .34 .00 .92 .29 .09 .01 .00 1.11 .13 .09 .00 .13 .03 .00 .00 .29 .00 .01 .37 .00 6.61 14.62 .01 .04 .03 .06 .09 (.04) .00 .06 .21 .01 .00 .02 .00 .00 .20 .00 .09 .00 .07 .47 .44 .03 Date: HRISLEY LANDSCAPE, INC. Hay 31, 1997 Page: 3 Profit and Loss Statement For the period Hay 1, 1997 to Hay 31, 1997 Current Period Year To Date Amount Ratio Amount Ratio INSURANCE-OFFICER'S LIFE .00 .00 1,112.87 .05 INSURANCE-OFFICERS DISABILITY .00 .00 2,829.00 .12 INTEREST EXPENSE 642.35 .31 5,211.07 .23 IRA-FRANKLIN FUND 586.60 .28 .00 .00 LEGAL .00 .00 .00 .00 LICENSES it PERHITS 45.00 .02 1,159.23 .05 HEETIN6S 78.79 .04 1,789.32 .08 OFFICE SUPPLIES 252.57 .12 5,009.35 .22 POSTAGE .00 .00 936.73 .04 Harine Corp Credit Union 220.00 .11 452.50 .02 RENT-OFFICE 4,000.00 1.92 70,000.00 3.05 RENT-STORAGE .00 .00 .00 .00 TELEPHONE 630.19 .30 5,607.32 .24 UTILITIES 433.13 .21 5,217.63 .23 SALARIES-OFFICERS 8,614.00 4.13 51,042.00 2.22 SALARIES-OFFICE 7,400.00 3.55 82,019.09 3.57 EMPLOYER'S PAYROLL TAXES 1,256.50 .60 12,440.90 .54 Employer Contr Sep-Ira Deposit .00 .00 .00 .00 Retirement Plan Management .00 .00 .00 .00 HISCELLANEOUS 2,067.70 .99 (3,528.96) (.15) TRAVEL .00 .00 737.91 .03 SEHINARS/TRAININ6/CLASSES 50.00 .02 675.00 .03 TRADE SHOWS/CONVENTIONS 300.00 .14 360.00 .02 HISC. PAYROLL DEDUCTIONS .00 .00 .00 .00 TAXES-BUSINESS PROPERTY 1,054.06 .51 1,054.06 .05 TAXES-OTHER .00 .00 .00 .00 PROVISION FOR FED INC TAX . .00 .00 .00 .00 INCOHE TAX-FTB .00 .00 .00 .00 GENERAL OVERHEAD ALLOCATED .00 .00 .00 .00 PLANTS-NURSERY .00 .00 .00 .00 GENERAL OVERHEAD ALLOCATED .00 .00 .00 .00 TOTAL GENERAL EXPENSES 27,950.76 13.39 284,751.57 12.41 OTHER INCOHE HISCELLANEOUS INCOME .00 .00 2,125.00 .09 INTEREST INCOHE .00 .00 102.83 .00 UNREALIZED GAIN .00 .00 .00 .00 GAIN/LOSS ON SALE OF ASSETS .00 .00 .00 .00 TOTAL OTHER INCOHE .00 .00 2,227.83 .10 OTHER EXPENSES PENALTIES-IRS .00 .00 .00 .00 INTEREST-IRS .00 .00 .00 .00 PENALTIES-EDD .00 .00 .00 .00 INTEREST EDD .00 .00 .00 .00 PEHALTIES-FTB .00 .00 .00 .00 INTEREST-FTB .00 .00 .00 .00 DEFERRED TAXES .00 .00 .00 .00 Income Tax Expense .00 .00 .00 .00 TOTAL OTHER EXPENSES .00 .00 .00 .00 Date: Hay 31, 1997 INCOHE BEFORE TAXES FEDERAL I STATE INCOHE TAXES PROVISION FOR FED INC TAX INCOHE TAX-FTB TOTAL INCOME TAXES NET INCONE(LOSS) ISLEY LANDSCAPE, INC. fit and Loss Statement od Hay i, 1997 to Hay 31, urrent Period Anunt Ratio 21,613.35 10.36 .00 .00 .00 .00 .00 .00 21,613.35 10.36 Page: 4 1997 Year To Date Auunt Ratio 52,988.32 2.31 .00 .00 .00 .00 .00 .00 52,988.32 2.31 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state at least two examples of what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed 8/15/97 1996 1990 Name and Address of the Employer McMillin Company Collins General Fieldstone Name and Phone No. of Person to Contract Walt Anderson ( fi1 f)\ /I 77 •111? Ed Monroe (619) 481-7700 uave uennig (619) 546-8081 Type of Work Street Scape AlireaBus. Park Alga Hills Amount of Contract $385,000 $500,000 $400,000 -11-4/8/97 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) C As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. Certificates of insurance showing conformance with the requirements herein for: Comprehensive General Liability Employer's Liability Automobile Liability Workers Compensation Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract a-must: (1) meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this project for each insurance company that the Contractor proposes, and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. C -12-4/8/97 CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 9/25/97 PRODUCER ARM OF CALIFORNIA Post Insurance Services 2356 Torrance Blvd. Torrance, CA 90501 INSURED Wrisley Landscapes, Inc. 3603 Pico Road Vista CA 92084 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER A United Pacific Insuranc /{- y^tl f^-L AC- COMPANY LETTER B COMPANY LETTER COMPANY LETTER D COMPANY _ LETTER E ***REVISED*** THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFF. DATE (MM/DD/YY) POLICY EXP. DATE (MM/DD/YY)LIMITS GENERAL LIABILITY COMM. GENERAL LIABILITY CLAIMS MADE | y |OCC. OWNER'S & CONTRACT'S PROT PD PEP: $1.000 NSA 2780194 9/01/97 9/01/98 GENERAL AGGREGATE PROD-COMP/OP AGG. PERS. * ADV. INJURY EACH OCCURRENCE FIRE DAMAGE(One Fire) MED. EXP. (One Per) 2000000 2000000 1000000 1000000 50000 10000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE LIMIT BODILY INJURY (Per penian) BODILY INJURY (Per accident) PROPERTY DAMAGE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE I STATUTORY LIMITS WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY EACH ACCIDENT DISEASE-POLICY LIMIT DISEASE-EACH EMP. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMSCERTIFICATE HOLPER IS NAMED AS ADDITIONAL INSURED, PER FORM CG2009 ATTACHED. RE: CARLSBAD PALISADES HOA, 4648 CORAL WOOD CIRCLE, CARLSBAD, CA 92008. 10 DAYS NOTICE OF CANCEL FOR NON-PAYMENT. CITY OF CARLSBAD PURCHASING DEPARTMENT 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008-1989 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3f) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 2* 1 Policy Number: NSA 2780194 Named Insured: WRISLEY LANDSCAPES, INC. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 09 10 93 ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (Form A) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization (Additional Insured): CITY OF CARLSBAD, PURCHASING DEPARTMENT 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008-1989 Premium Basis Cost Rates (Per $1000 of Cost) Bodily Injury and Property Damage Liability Location of Covered Operations CARLSBAD PALISADES HOA 4648 CORAL WOOD CIRCLE CARLSBAD, CA 92008 Advance Premium $ INCLUDED Total Advance Premium $ INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization (called "additional insured") shown in the Schedule but only with respect to liability arising out of: A. Your ongoing operations performed for the additional insured(s) at the location designated above, or B. Acts or omissions of the additional insured(s) in connection with their general supervision of such operations. 2. With respect to the insurance afforded these additional insureds, the following additional provisions apply: A. Exclusions b., c., g., h.(l), j., k., 1. and n. under COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) do not apply. B. Additional Exclusions. This insurance does not apply to: (1) "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (3) "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of their employees, other than the general supervision by the additional insured(s) of your ongoing operations performed for the additional insured(s). (4) "Property damage" to: (a) Property owned, used or occupied by or rented to the additional insured(s); (b) Property in the care, custody, or control of the additional insured(s) or over which the additional insured(s) are for any purpose exercising physical control; or (c) Any work, including materials, parts or equipment furnished in connection with such work, which is performed for the additional insured(s) by you. CG 20 09 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 PRODUCER Gorehan-lloore & Associates P.O. Box 85532 San Diego CA 0218B-5532 THIS CEHmCATE IS ISSUED AS A HATTER OFINFORMATON ONLY AND CONFERS NO RIGHTS UPON THE CERTFICATE HOLDER. THIS CERTTICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. COUPANES AFFORDMG COVERAGE COMPANY A Gotten Eatfe Co INSURED UMalAU I •iffiBMw umacflpv, 3603 Pico Road COMPANY B CA 82084 COMPANY c COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L% A B TYPE OF MSURANCE GENERAL LIABILITY | COMMERCIAL GENERAL LIABILITY • | CLAIMS MADE | | OCCUR 1 OWNER'S i CONTRACTOR'S PROT 1 AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRaLA FORM OTHER THAN UMBRaLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ 1 1 ,NCL PARTNERS/EXECUTIVE OFFICERS ARE: | | EXCL OTHER POUCY NUMBER CCP5 15027 W9791 63025 POUCY EFFECTIVE DATE (MM/DD/YY) 09/01/97 09/01/97 DESCRIPTION OF OPERATIpNS/LOCATIONS/VEHiaES/SPECIAL ITEMS Re: Poinsettea Community Park Erosion Repair & Drainage Improveme Operations performed by/on behalf of the named insured. Certificate Holder is named as additional insured on the Automobil Liabi 1 i ty. MO-javnotlceofM CRy of Carisbad PuRhastao Dept - KBHI 1200 Carisbad Vfege Dr. Cartload CA 82008-1888 nts Prc e WfSISSSK SHOULD ANY OF 1 EXPIRATION DATE 30 DAYS Wfl BUT FAILURE TO OF ANY KIND UPC "OUCY EXPHATION DATE (MM/DD/YY) 09/01/98 09/01/98 LMTB GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any on* lira) MED EXP (Any one person) COMBINED SINGLE LIMIT BODILY INJURY (Per penon) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH OCCURRENCE AGGREGATE X 1 TORY LIMITS 1 1 Efl' a EACH ACCIDENT a DISEASE - POLICY LIMIT a DISEASE - EA EMPLOYEE $ $ $ $ $ $ $ 1,000,000 $ $ $ $ $ $ * $ 1,000,000 $ 1,000,000 >ject No. 33481 -P1A. 2 ijpi|j||^^ HE ABOVE DESCRIBED POLICIES BE CANCaLED BEFORE THE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, [MIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY IN THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ! / \ \ • I BIDDER'S STATEMENT RE: DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? x yes no 2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment pariod of debarment BY CONTRACTOR: Wrisley Landscape, Inc. 4(name of Contractor) :£__ (sigr) here) By: Brian J. Maynard/Vice President (print name/title) -13-4/8/97 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2. Has the suspension or revocation of your contractors license ever been stayed? x yes no 3. Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? x yes no 4. Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed?x yes no 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (Attach additional sheets if necessary) -14- 4/8/97 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (Attach additional sheets if necessary) BY CONTRACTOR: Wrisley Landscape, Inc. ft (name of Contractor By: (sign here) Brian J; Maynard/Vice President (print name/title) m -15 - 4/8/97 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California County of San Diego Brian Maynard ) ss. (Name of Bidder) _, being first duly sworn, deposes and says that he or she is , Wrisley Landscape, Inc Vice President (Title) (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the day of September Subscribed and sworn to before me on the Signature o{ Bidd' 10th (NOTARY SEAL) HELEN CRUM CommWon*1077WINotaiy Public -CaMbmia San Diego CountyMy Comm. Explrw Nov If. Signature of Notary -16-4/8/97 I — OPEN MARKET CONTRACT- PUBLIC WORKS This agreement is made this g^^ day of $e>jHt^> 19 97 t,y • and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City") ^ and WRISLEY LANDSCAPE INC whose principal place of business is 3603 PICO ROAD, VISTA, CA 92084 M (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Open Market Contract documents for: Poinsettia Park Erosion Repair & Drainage Improvements (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, • equipment, and personnel to perform the work specified by the Open Market Contract Documents. • 3. Open Market Contract Documents. The Open Market Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Designation of Subcontractors, Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow Agreement, the Plans and Specifications, the Special Provisions, and all proper amendments ancl Cnan9es made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. • Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Open Market Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be • provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Open Market Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of1the Contract will not relieve responsibility of compliance. • 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1994 Edition, and the 1995 and 1996 ^ supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California • Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The project manager will close the estimate of work completed for progress payments on the last working day of each month. ™ 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the Y| work, and is aware of those conditions. The Contract price includes payment for all work that H may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about -17 - 4/8/97 underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. * 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall ' promptly, and before the following conditions are disturbed, notify City, in writing, of any: 4 A, Hazardous Waste. Material that Contractor believes may be material that is hazardous , waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of * existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those * indicated. ""* C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual « nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. •m — City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's 1* costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. ^ In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the *" **"* contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but *" shall proceed with all work to be performed under the contract. Contractor shall retain any m and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. «• m 1. Immigration Reform and Control Act. Contractor certifies he is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 DSC Sections 1101-1525) and has •"« complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are "*" included in this Contract. <m 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of ** Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general *" prevailing wage rates is on file in the office of the City Engineer, and is incorporated by «* reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job * site. m 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and "• indemnify and hold harmless the City, and its officers and employees, from all claims, loss, m damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including -18- 4/8/97 those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active m *"**' negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys fees for litigation, arbitration, or other dispute resolution method. ill Contractor shall also defend and indemnify the City against any challenges to the award of the "* contract to Contractor, and Contractor will pay all costs, including defense costs for the City. M Defense costs include the cost of separate counsel for City, if City requests separate counsel. m 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance — against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, m representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403.a (A) COVERAGES AND LIMIT-: Contractor shall maintain the types of coverage's andm minimum limits indicted herein: 1. Comprehensive General Liability Insurance: m $1,000,000 combined single limit per occurrence for bodily injury and property « damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or m employees are additional insurers. 2. Automobile Liability Insurance: .m .,,,.. $1,000,000 combined single limit per accident for bodily injury and property damage. ^ In addition, the auto policy must cover any vehicle used in the performance of the ** **** contract, used onsite or offsite, whether owned, non-owned or hired, and whether ^ scheduled or non-scheduled. The auto insurance certificate must state the coverage ** is for "any auto" and cannot be limited in any manner. 3. Workers' Compensation and Employers' Liability Insurance: ** Workers' compensation limits as required by the Labor Code of the State of California *» and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. m (B) ADDITIONAL PROVISIONS-- Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following m provisions. General Liability and Automobile Liability Coverage's: * 1. The City, its officials, employees and volunteers are to be covered as additional m insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, *' leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or ** volunteers. 2. The Contractor's insurance coverage shall be primary insurance as respects the City, ** its officials, employees and volunteers. Any insurance or self-insurance maintained by * the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. -19- 4/8/97 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. 4. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) "CLAIMS MADE" POLICIES-- If the insurance is provided on a "claims made" basis, ,{ coverage shall be maintained for a period of three years following the date of completion of the work. •* ^ (D) NOTICE OF CANCELLATION- Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced , in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested.••* (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS-- Any deductibles or * self-insured retention levels must be declared to and approved by the City. At the option « of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall * procure a bond guaranteeing payment of losses and related investigation, claim m administration and defense expenses. « (F) WAIVER OF SUBROGATION- All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. <m* (G) SUBCONTRACTORS- Contractor shall include all subcontractors as insured under its ** *" policies or shall furnish separate certificates and endorsements for each subcontractor. Coverage's for subcontractors shall be subject to all of the requirements stated herein. •*> (H) ACCEPTABILITY OF INSURERS- Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V, and are authorized to transact the "* business of insurance by the Insurance Commissioner under the standards specified in by « the City Council in Resolution No. 91-403. * (I) VERIFICATION OF COVERAGE- Contractor shall furnish the City with certificates of m insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person m authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and * approved by the City before work commences. ~m (J) COST OF INSURANCE- The Cost of all insurance required under this agreement shall — be included in the Contractor's bid. * 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in * accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of *" Article 1.5 is included in the Special Provisions I section. The contractor shall initially submit all m claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this «• section of the contract, all claims shall comply with the Government Tort Claim Act (section -20- 4/8/97 900 et seq.. of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims.. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance 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 the False 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 false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. I have read and understand all provisions of Section 11 above. Initial 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 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 substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required bv Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and -21- 4/8/97 included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: WrRISLEY LANDSCAPE, INC (name of Contractor) *" ? (sign hefe) ' >•"" VICENTE MENDEZ PRESIDENT (print name and title) CITY OF CARLSBAD a municipal corporation of the State of California ____________ ___ __ Assistant City Manager ATTEST: City Clerk (sign here) BRIAN MAYNARD VICE PRESIDENT (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: JANE MOBALDI Deputy City Attorney -22-4/8/97 » I* included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: Wrisley Landscape, Inc. (name of Contractor) By: (sig.n here) Brian J. Maynard/Vice President (print name and title) CITY OF CARLSBAD a municipal corporation of the State of California By- Assistant City Manager ATTEST: 17 (sign here) Vicente Mendez/President (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: JANE! MOBALDI Deputy City Attorney -22-4/8/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of SAN DIEGO On SEPTEMBER 24, 1997 before me, HELEN CRUM, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared VICENTE MENDEZ NAME(S) OF SIGNER(S) 13 personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. HELEN CRUM Comminion#]Q7»3lNotary Public -CoMbmia San Diego County MY Comm. Expires Nov 19. 1999 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL E CORPORATE OFFICER PRESIDENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) WRISLEY LANDSCAPE, INC. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 1 State of CALIFORNIA \ CountVOf SAN DIEGO | On SEPTEMBER 24 , 1 997 before j DATEf me. HELEN CRUM NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" s personally appeared BRIAN MAYNARD i | D personally known to me - OR - D | 5i jjssI ! • ^¥^k HELEN CRUM I S 3 fis**2£Esa Commission #1077931 z I lliiJffiKV Notary Public -Certtomta £ J \SifiaC' San Diego County r i • NaBBgSK My Comm. Expires Nov 19. 1999 1 f 1 I ^ NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the nprQnni'O apfprl PYPPiitprl thp inctnimpnt WITNESS my hand and official seal. SIGNATURE OF NOTARY t Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent J fraudulent reattachment of this form. ) { CAPACITY CLAIMED BY SIGNER( | D INDIVIDUAL & 5 CORPORATE OFFICER } ^ VICE PRESIDENT 1 TITLE(S)s J D PARTNER(S) D LIMITED ^ U GENERAL ^ D ATTORNEY-IN-FACT | CH TRUSTEE(S) | IZI GUARDIAN/CONSERVATOR 8 D OTHER:1Jfi V SIGNER IS REPRESENTING: 1 NAME OF PERSON(S) OR ENTITY(IES) ^ WRISLEY LANDSCAPE, INC ii DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE "1 1i 1! ; | i ^ 1 ^ :J i | ^ ! ! i ; • J«38888g888888a8a888g88BRggggSg83?gg!^^ ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 m * CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION The following representation and certification shall be completed, signed and returned to City of Carlsbad as a part of the bid package. REPRESENTATIONS: Mark all applicable blanks. This offerer represents as part of this offer that the ownership, operation and controlof the business, in accordance with the specific definitions listed below is: Are you currently certified by CALTRANS? YES NO x Certification #: (Check appropriate Ethnic Ownership Ty ETHNIC CODES Caucasian Black Hispanic Asian-Pacific Native-American Asian-Indian MALE X X FEMALE pe) CERTIFICATION OF BUSINESS REPRESENTATIONS: Mark all applicable blanks, part of this offer that: This offerer represents as a This firm is2L_ This firm is is not a minority business. is not a woman-owned business. DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native , Hawaiians), and Asian-Pacific 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. WOMAN-OWNED BUSINESS: A woman-owned busi- ness is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actuallyinvolved in the day-to-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE: Landscape CONSTRUCTION CONTRACTOR: CLASSIFICATION(S): C-27 LICENSE NUMBER:363228 TAXPAYERS I.D. NO. 95-3142082 Wrisley Landscape, Inc. COMPANY NAME 3603 Pico Road ADDRESS Vista, CA 92084 CITY, STATE AND ZIP (760) 749-4941 TELEPHONE NUMBER Brian J. Maynard PRINTED NAME Vice President TITLE SIGNATURED \ September 10, 1997 DATE -23-4/8/97 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and _ whose address is _ hereinafter called "Contractor" and __ whose address is • _ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1 . Pursuant to Section 22300 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for _ in the amount of _ dated _ (hereinafter referred to as the "Contract"). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the _ , and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retention's earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. - 24 - 4/8/97 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title Name Signature Address 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 Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. - 25 - 4/8/97 For City: For Contractor: For Escrow Agent: Title Name Signature Address Title Name Signature Address Title Name Signature Address -26-4/8/97 SPECIAL PROVISIONS FOR POINSETTIA PARK DRAINAGE IMPROVEMENTS CONTRACT NO. 33481-P-1A2 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Project Manager is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Project Manager," unless stated otherwise. C~\ Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Project Manager", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Project Manager is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be 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. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. -27- 4/8/97 Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The City Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Project Manager - the Parks Development Coordinator of the City of Carlsbad or his/her approved representative. SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. j*l*. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. - 28 - 4/8/97 C 2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first paragraph having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular 570. Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The payment bond shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1997 Regional Supplement Amendment hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The construction plans consist of (Sheets 1,2, and 3; titled "Poinsettia Park Erosion Repair & Drainage Improvements Drawing No. PH-1A.2) sets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. - 29 - 4/8/97 2-5.3.3 Submittals, add the following: When submitted for the Project Manager's review, Shop Drawings shall bear the Contractor's certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated 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 "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Project Manager upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not disturb r*" permanent survey monuments or benchmarks without the consent of the Project Manager. Where the Project Manager concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a licensed land surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Licensed Land Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Project Manager. 2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay for the services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. - 30 - 4/8/97 Add the following section: 2-9.3.2 Survey Requirements, Storm drain staking shall be done at 25-foot intervals. Catch basins shall be staked at centerline and each end of the local depression. Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of corner records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Project Manager may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Project Manager, within San Diego County, accurate books and accounting records relative to all its activities. The Project Manager shall have the right to monitor, assess, and evaluate Contractor's performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff:. At any time during normal business hours and as often as the Project Manager may deem necessary, upon reasonable advance notice, Contractor shall make available to the Project Manager for examination, all of its records with respect to all matters covered by this Contract and will permit the Project Manager to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in a minor Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together with all previous changes to that item is not in excess of 25 percent of the total cost of such item based on the original quantity and Contract Unit Price. Adjustments in excess of 25 percent may, at the option of the Project Manager, be paid pursuant to section 3-3, Extra Work. 3-3.2.2 ( c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the -31- 4/8/97 Contractor and subcontractors, if any, The labor rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Project Manager. 3-4 CHANGED CONDITIONS, delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Project Manager, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have first given the Project Manager due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Project Manager upon their discovery and prior to the time that, the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." - 32 - 4/8/97 The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Project Manager within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Project Manager at the earliest possible time in order that 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 notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request f~ that the Contractor meet and present its report. When additional information or a meeting is x**" requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which he may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand 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 contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing'with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the (""" Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of - 33 - 4/8/97 money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a 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 the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of 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 shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court - 34 - 4/8/97 shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fair to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a 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 Project Manager free and safe access to any and all parts of work at any time. Contractor shall furnish Project Manager with such information as may be necessary to keep the Project Manager fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, add the following: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Project Manager, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, - 35 - 4/8/97 or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Project Manager and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Project Manager. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Project Manager, the substitution is determined to be unsatisfactory in performance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. SECTION 5 - UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION, Add the following: In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, **"" upon request to the Project Manager, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Project Manager. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1 and substitute the following: The Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Project Manager will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: - 36 - 4/8/97 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made 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, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. Add the following section: 6-2.3 Project Meetings. The Project Manager will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Project Manager within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Project Manager, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 15 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Project Manager, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Project Manager if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one (1) year after recordation of a "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty- - 37 - 4/8/97 five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. /**• 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence W of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Two Hundred Dollars ($200.00). Execution of the Contract shall constitute agreement by the Agency and Contractor that $200.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall 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 insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Modify the first sentence to read: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Project Manager, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. - 38 - 4/8/97 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Project Manager may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Power and Water. Power and water are available at the site. The City will pay for power and water for construction use. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Project Manager may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed, maintained and removed by the Contractor when no longer required. Care shall be used in performing excavation for signs in order to protect underground facilities. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non- existent conditions shall be removed from the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 12-3.06B, "Portable Signs", of the CALTRANS Standard Specifications; or Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective sheeting signs; or equal. Add the following section: - 39 - 4/8/97 7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-10 SSPWC "Public Convenience and Safety." Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective W cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be seven (7) inches long. The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment within two (2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. All construction traffic control devices shall be maintained in good order and according to the plan throughout the duration of work. During the entire construction, a minimum of two paved traffic lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. "**"•" 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work -40- 4/8/97 C include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 - MEASUREMENT & PAYMENT 9-3 PAYMENT. 9-3.2 Partial and Final Payment. Modify the second paragraph as follows: The contract period is 30 days or less. At the completion of the work, the contractor shall submit a payment request for the completed work, approved completed change orders if any, and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Project Manager with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Project Manager shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Project Manager determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Project Manager, then the City shall pay interest to the Contractor equivalent to the fegal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency shall retain 10 percent of such estimated value of the work done and 10 percent of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time after 20 percent of the work has been completed, if the Project Manager finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment pursuant to the above requirements to 5 percent of the total estimated value of said work and materials and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the estimated value of such work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Project Manager determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Project Manager. Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Project Manager; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing him 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 inspection, the Project Manager will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by -41- 4/8/97 the Project Manager and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Project Manager will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Project Manager 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 Project Manager to ascertain the basis and amount of said claims. The Project Manager will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Project Manager to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. 9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Project Manager to ascertain the- basis and amount of said claims. The Project Manager will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Project Manager to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of receipt of the written statement or further information, whichever is longer, for those claims approved by the Project Manager. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work shall be included in the lump-sum bid. -42- 4/8/97