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Home My WebLink About2013-12-17; City Council; 21460; Approval Plans Fire Station No.3 Project No. 4003CITY OF CARLSBAD - AGENDA BILL 21.460 12/17/13 PW-PEM APPROVAL OF PLANS AND SPECIFICATIONS FOR FIRE STATION NO. 3 AND AUTHORIZATION TO RELEASE INVITATIONS FOR BIDS, PROJECT NO. 4003 DEPT. DIR. CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2013-291 approving the plans and specifications for the construction of Fire Station No. 3 and authorizing the release of invitations for bids, Project No. 4003. ITEM EXPLANATION: The proposed Fire Station No. 3 is planned to replace an existing fire station on the northeast corner of Chestnut Avenue and Catalina Drive. The new fire station will be located at Cannon Road and Wind Trail Way and will be 10,400 square feet including a three bay, double deep, apparatus room, office and administrative spaces, dormitories, shower and locker facilities, kitchen, dining room, shop and equipment support spaces. Site features include perimeter fencing, an emergency generator, rolling security gate, landscaping and concrete paving. Off-site work includes a new cul-de-sac street together with associated storm drain and utility improvements. On August 23, 2011, the Carlsbad City Council approved an agreement with WLC Architects to perform the preliminary design, final design, plan and specification preparation, and bid assistance services for Fire Station No. 3. Plans and specifications have been completed and are on file in the Engineering Department for the construction of Fire Station No. 3. Due to the complexity of the project and the specialized equipment for the hose drying tower and equipment support spaces, staff pre-qualified six contractors to submit bids for the project. Public Contract Code Section 20101 allows a public agency to establish a pre-qualification procedure. The invitation to bid document is attached and will be released to pre-qualified contractors. The qualified firms are listed below: Firm Name Score (21S min score) Erickson Hall 238 Echo Pacific 228 Keeton 226 Wieland Daveco Corp 225 TB Penick 219 Mallcraft 219 DEPARTMENT CONTACT: Patrick McGarry, (760) 434-2949, patrick.mcgarrv(5)carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 of 3 ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for Fire Station No. 3 (CUP 12-07). The Notice of Intent (NOI) to adopt a MND was published in the newspaper October 18, 2012, and sent to the County Clerks Office for a 20-day public review (October 18, 2012 - November 7, 2012). No comment letters were received during the 20-day review period. The MND was approved by the Planning Commission on November 21, 2012 in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. FISCAL IMPACT: Table 1 shows the project cost for Fire Station No. 3 with the understanding that payment of prevailing wages is not required. Fire Station No. 3 is funded with $9,352,000 from the Public Facilities Fees Fund and $540,000 from the General Capital Construction Fund for a total of $9,892,000. This project has been previously appropriated in full and no additional appropriation is required. TABLE 1 - ESTIMATED PROJECT COSTS FOR FIRE STATION NO. 3 mmmm LAND ACQUISITION (completed) $1,540,000 PRELIMINARY AND FINAL DESIGN (comoleted) WLC Architects 443,500 Planning Landscape Review Consultant 20,000 Miscellaneous Expenses 3,500 Design Staff 100.000 Subtotal 567,000 CONSTRUCTION Engineer's Estimate of Probable Construction Cost (Prepared by Cummings) 5,725,000 Construction Contingency 350,000 Construction Management & Inspection (to be performed by I.E. Corporation) 215,000 Construction Staff 200,000 Materials Testing 100,000 Soils Testing (to be performed by Ninyo & Moore) 40,000 Road Construction 927,000 Utilities 35,000 Fixtures, Furnishings and Equipment (FF&E) 95.000 Subtotal 7,687,000 MISCELLANEOUS Permits 50,000 Public Art 48,000 Subtotal 98.000 Total Project Cost $9,892,000 Page 3 of 3 The preliminary estimated annual maintenance and operating budget for the new Fire Station No. 3 is projected to cost an additional $8,000 per year when compared to the annual operating costs of the existing Fire Station No. 3. No additional salaries, benefits or training will be required to staff the facility. This represents an $8,000 yearly net increase to the city's General Fund operating budget in order to operate and maintain the new Fire Station No. 3. EXHIBITS: 1. Resolution No. 2013-291 approving the plans and specifications for the construction of Fire Station No. 3 and authorizing the release of invitations for bids. Project No. 4003. 2. Location Map 3. Invitation to Bid - Fire Station No. 3 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2013-291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR FIRE STATION NO. 3 AND AUTHORIZING THE RELEASE OF BIDS, PROJECT NO. 4003. WHEREAS, Fire Station No. 3 is necessary to meet the standards of coverage for fire protection within the City of Carlsbad; and, WHEREAS, the plans and specifications for furnishing of all labor, materials, tools, equipment, transportation, and other expenses necessary or incidental to Fire Station No. 3, Project No. 4003, have been prepared and are on file in the Engineering Department ofthe City of Carlsbad and are incorporated herein by reference; and, WHEREAS, funding for said project has previously been appropriated from the Public Facility Fees and General Capital Construction Funds in the amount of $9,892,000 to cover all project costs and is sufficient; and, WHEREAS, payment of prevailing wages will not be required as part ofthe construction contract; and, WHEREAS, Public Contract Code ("PCC") §20101 authorizes cities to pre-qualify contractors who wish to bid on public works contracts; and authorizes staff to release invitations to bid to the qualified contractors; and, WHEREAS, city staff prequalified 6 contractors to submit bids for the Fire Station No. 3 project in accordance with PCC §20101. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2 2. That the plans, specifications, and contract documents for Fire Station No. 3, 3 Project No. 4003 are on file in the Public Works-Engineering Department of the City of Carlsbad 4 and are hereby approved. 5 6 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to ^ publish, in accordance with State law, a Notice to Contractors Inviting Bids for Fire Station No. 3, 8 Project No. 4003, in accordance with the plans, specifications, and contract documents referred to 9 herein. 10 11 12 // 13 // 14 // 15 // 16 // 17 18 // 19 // 20 // 21 // 22 // 23 // 24 25 // 26 // 27 28 s 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 17^*^ day of December, 2013, by the following vote to wit: AYES: NOES: Council members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON^ity Clerk J:\Requests2010Plus\PropEnvlron\MuniProp\5206752_13 CITY OF CARLSBAD San Diego County Califomia CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR FIRE STATION #3 CONTRACT NO. 4003-1 Revised 1/30/13 Contract No. 4003-1 Page 1 of 48 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 1 Contractor's Proposal 17 Bid Security Form 24 Bidder's Bond to Accompany Proposal 25 Guide for Completing the "Designation Of Subcontractors" Form 27 Designation of Subcontractor and Amount of Subcontractor's Bid Items 29 Bidder's Statement of Technical Ability and Experience 30 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 31 Bidder's Statement Re Debarment 32 Bidder's Disclosure of Discipline Record 33 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid 35 Contract Public Works 36 Labor and Materials Bond 42 Faithful Performance/Warranty Bond 44 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 46 Revised 1/30/13 Contract No. 4003-1 Page 2 of 48 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms Nn 1-2 Definitions Nn 1-3 Abbreviations Nn 1- 4 Units of Measure Nn Section 2 Scope and Control of The Work 2- 1 Award and Execution of Contract Nn 2-2 Assignment Nn 2-3 Subcontracts Nn 2-4 Contract Bonds Nn 2-5 Plans and Specifications Nn 2-6 Work to be Done Nn 2-7 Subsurface Data Nn 2-8 Right-of-Way Nn 2-9 Surveying Nn 2-10 Authority of Board and Engineer Nn 2- 11 Inspection Nn Section 3 Changes in Work 3- 1 Changes Requested by the Contractor Nn 3-2 Changes Initiated by the Agency Nn 3-3 Extra Work Nn 3-4 Changed Conditions Nn 3- 5 Disputed Work Nn Section 4 Control of Materials 4- 1 Materials and Workmanship Nn 4- 2 Materials Transportation, Handling and Storage Nn Section 5 Utilities 5- 1 Location Nn 5-2 Protection Nn 5-3 Removal Nn 5-4 Relocation Nn 5-5 Delays Nn 5- 6 Cooperation Nn Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work Nn 6-2 Prosecution of Work Nn 6-3 Suspension of Work Nn 6-4 Default by Contractor Nn 6-5 Termination of Contract Nn 6-6 Delays and Extensions of Time Nn 6-7 Time of Completion Nn 6-8 Completion, Acceptance, and Warranty Nn 6-9 Liquidated Damages Nn 6-10 Use of Improvement During Construction Nn 0 Revised 1/30/13 Contract No. 4003-1 Page 3 of 48 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities Nn 7-2 Labor Nn 7-3 Liability Insurance Nn 7-4 Workers' Compensation Insurance Nn 7-5 Permits Nn 7-6 The Contractor's Representative Nn 7-7 Cooperation and Collateral Work Nn 7-8 Project Site Maintenance Nn 7-9 Protection and Restoration of Existing Improvements Nn 7-10 Public Convenience and Safety Nn 7-11 Patent Fees or Royalties Nn 7-12 Advertising Nn 7-13 Laws to be Observed Nn 7- 14 Antitrust Claims Nn Section 8 Facilities for Agency Personnel 8- 1 General Nn 8-2 Field Office Facilities Nn 8-3 Field Laboratories Nn 8-4 Bathhouse Facilities Nn 8-5 Removal of Facilities Nn 8- 6 Basis of Payment Nn Section 9 Measurement and Payment 9- 1 Measurement of Quantities for Unit Price Work Nn 9-2 Lump Sum Work Nn 9-3 Payment Nn I\ Revised 1/30/13 Contract No. 4003-1 Page 4 of 48 Pages TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS DIVISION 02 - SITE WORK 02050 Demolition 02110 Clearing, Grubbing, and Stripping 02140 Dewatering 02200 Earthwork 02223 Trenching, Excavation, Backfilling, and Compacting (completed by City Stds.) 02232 Preparation of Pavement Subgrade 02240 Soil Stabilization 02270 Erosion Control 02273 Rip-Rap 02340 Boring and Jacking Steel Casing (see City Std. section 15125) 02490 Precast Concrete Manholes and Vaults 02506 Concrete Wheel Bumpers 02517 Portland Cement Concrete Paving 02527 Concrete Driveway, Sidewalk, Curb and Gutter 02530 Pavement Marking and Signs 02542 Underdrains 02550 Asphalt Concrete Pavement and Base 02556 Reinforced Concrete Pipe (ASTM C76) 02595 Small Polyvinyl Chloride Non-pressure Pipe Rubber Joints (ASTM D3034) 02623 Microtunneled Pipe 02730 Sanitary Sewer System Testing 02810 Landscape Irrigation Systems 02830 Chain Link Fence and Gate(s) 02900 Landscaping DIVISION 03 - CONCRETE 03100 Concrete Fomfiwork 03200 Reinforcement Steel 03290 Joints in Concrete 03300 Cast-in-Place Concrete (Renumber City Std.) 03315 Grout 03360 Pneumatically-placed Concrete 03370 Concrete Curing 03400 Precast Concrete 03740 Concrete Repair DIVISION 04 - MASONRY 04230 Reinforced Concrete Block Hollow Unit Masonry DIVISION 05-METALS 05120 Structural Steel 05500 Miscellaneous Metalwork 05520 Aluminum Railings Revised 1/30/13 Contract No. 4003-1 Page 5 of 48 Pages DIVISION 06 - WOOD AND PLASTICS 06100 Rough Carpentry DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07190 Vapor Retarder 07920 Sealants and Caulking DIVISION 08 - DOORS AND WINDOWS DIVISION 09-FINISHES 09800 Protective Coatings 09870 Tape Coating System with Mortar Shield for the Exterior of Steel Water Pipelines (completed by City std.) 09900 Painting and Coating (completed by City std.) 09902 Petrolatum Wax Tape Coating (completed by City std.) DIVISION 10 - SPECIALTIES DIVISION 11 - EQUIPMENT DIVISION 12 - FURNISHINGS DIVISION 13 - SPECIAL CONSTRUCTION DIVISION 14 - CONVEYING SYSTEMS 13 Revised 1/30/13 Contract No. 4003-1 Page 6 of 48 Pages DIVISION 15 - MECHANICAL 15000 General Piping System and Appurtenances 15041 Disinfection of Piping 15044 Hydrostatic Testing of Pressure Pipelines 15056 Ductile-Iron Pipe and Fittings 15057 Copper Tubing, Brass and Bronze Pipe Fittings 15061 Cement-Mortar Lined and Coated Steel Pipe and Specials 15064 Polyvinyl Chloride (PVC) AWWA C-900 Pressure Pipe 15066 Polyvinyl Chloride (PVC) AWWA C-905 Pressure Pipe 15074 Blowoff Assemblies 15092 Miscellaneous Couplings, Pipe and Appurtenances 15099 Process Valves, Regulators and Miscellaneous Valves 15100 Resilient Wedge Gate Valves (RWGV's) 15102 Butterfly Valves (BFV's) 15105 Check Valves 15108 Air Release Valve, Air and Vacuum Valve and Combination Air Valve Assemblies (Sewage Air Release Valve?) 15110 Plug Valves 15112 Backflow Prevention Assemblies 15121 Open Trench Casing 15125 Jacked Pipe Casing 15139 Fire Hydrants 15140 Relocate Fire Hydrants and Water Meters DIVISION 16 - ELECTRICAL 16560 Traffic Signals, Lighting, and Traffic Electrical Systems 16640 Cathodic Protection by Sacrificial Anodes DIVISION 17 - INSTRUMENTATION AND CONTROL Revised 1/30/13 Contract No. 4003-1 Page 7 of 48 Pages SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Part 2 Construction Materials Section 200 Rock Materials 200-1 Rock Products Nn 200- 2 Untreated Base Materials Nn Section 201 Concrete, Mortar and Related Materials 201- 1 Portland Cement Concrete Nn 201 -3 Expansion Joint Filler and Joint Sealants Nn Section 203 Bituminous Materials 203-6 Asphalt Concrete Nn 203-11 Asphalt Rubber Hot Mix (ARHM) Wet Process Nn 203- 13 Asphalt Pavement Crack Sealants Nn Section 204 Lumber and Treatment with Preservatives 204- 1 Lumber and Plywood Nn Section 206 Miscellaneous Metal Items 206-7 Traffic Signs Nn 206-8 Light Gage Steel Tubing and Connectors Nn 206- 9 Portable Changeable Message Sign Nn Section 207 Pipe 207- 2 Reinforced Concrete Pipe Nn 207-9 Iron Pipe and Fittings Nn 207-10 Steel Pipe Nn 207-25 Underground Utility Marking Tape Nn Section 209 Signals, Lighting and Electrical Systems 209-1 General Nn 209-2 Materials and Installation Nn 209-3 Controller Assemblies Nn 209-4 Traffic Signal Faces and Fittings Nn 209-5 Detectors Nn 209-6 Lighting Nn 209-7 Removing, Reinstalling or Salvaging Electrical Equipment Nn 209- 8 Payment Nn Section 210 Paint and Protective Coatings 210- 1 Paint Nn 210-3 Galvanizing Nn Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials Nn 212-2 Irrigation System Materials Nn 212- 3 Electrical Materials Nn Section 213 Engineering Fabrics 213- 2 Geotextiles Nn 213- 3 Erosion Control Specialties Nn Section 214 Pavement Markers 214- 5 Reflective Pavement Markers Nn Section 215 Fencing 215- 1 Environmental Fencing Nn Revised 1/30/13 Contract No. 4003-1 15 Page 8 of 48 Pages PARTS Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing Nn 300-2 Unclassified Excavation Nn 300-3 Structure Excavation and Backfill Nn 300-4 Unclassified Fill Nn 300-5 Borrow Excavation Nn 300-9 Geotextiles for Erosion Control and Water Pollution Control Nn 300-11 Stonework for Erosion Control Nn 300-12 Rock Slope Protection Fabric Nn 300- 13 Storm Water Pollution Prevention Plan Nn Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301- 1 Subgrade Preparation Nn Section 302 Roadway Surfacing 302- 1 Oiled Roadways and Shoulders Nn 302-2 Chip Seal Nn 302-3 Asphalt-Rubber Chip Seal or Interiayer Nn 302-4 Emulsion-Aggregate Slurry Nn 302-5 Asphalt Concrete Pavement Nn 302- 11 Asphalt Pavement Repairs and Remediation Nn Section 303 Concrete and Masonry Construction. 303- 1 Concrete Structures Nn 303-2 Air-Placed Concrete Nn 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways Nn 303- 6 Stamped Concrete Nn Section 304 Metal Fabrication and Construction 304- 3 Chain Link Fence Nn Section 306 Underground Conduit Construction 306-1 Open Trench Operations Nn 306- 5 Abandonment of Conduits and Structures Nn Section 307 Street Lighting and Traffic Signals 307- 3 Street Lighting Construction Nn 307- 4 Traffic Signal Construction Nn Section 308 Landscape and Irrigation Installation 308- 2 Earthwork and Topsoil Placement Nn 308-4 Planting Nn 308-5 Irrigation System Installation Nn 308-6 Maintenance and Plant Establishment Nn 308-7 Guarantee Nn 308-8 Measurement and Payment Nn 308-9 Wetland Mitigation Nn Revised 1/30/13 Contract No. 4003-1 Page 9 of 48 Pages Section 310 Painting 310-5 Painting Various Surfaces Nn 310-7 Permanent Signing Nn Section 312 Pavement Marker Placement and Removal 312- 1 Placement Nn Section 313 Temporary Traffic Control Devices 313- 1 Temporary Traffic Pavement Markers Nn 313-2 Temporary Traffic Signing Nn 313-3 Temporary Railing (Type K) and Crash Cushions Nn 313-4 Measurement and Payment Nn Part 6 Modified Asphalt, Pavement and Processes 600-3 Rubberized Emulsion - Aggregate Slurry Nn Appendix A Nn V Revised 1/30/13 Contract No. 4003-1 n Page 10 of 48 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS IMPORTANT NOTE: Bids for this proiect will be accepted ONLY from those contractors who have participated in. and have been qualified bv. the Citv of Carlsbad in the previous prequallfication process. Subcontractors and suppliers do not require prequalification. A list of qualified qeneral contractors is available at www.carlsbadca.qov Until 2:00PM on .JANUARY, 2014, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: The new Fire Station #3 project is planned to replace an existing fire station in the NE corner of the City. Fire Station No. 3 is a new 10,400 SF fire facility which will be located on the NW corner of Cannon Road and Wind Trail Way. The facility will include a four-bay, double deep, apparatus room, office and administrative spaces, dormitories, shower and locker facilities, kitchen, dining room, shop and equipment support spaces. A stand- alone hose drying tower as well as a concrete hose cleaning rack are also included. Site features include perimeter fencing, emergency generator, rolling security gate, landscaping and concrete paving. Off-site work includes a new cul-de-sac as well as various street and utility improvements. The project is a combination of masonry and wood framing with both brick and stone veneers. FIRE STATION #3 CONTRACT NO. 4003-1 INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a fonn and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. I? Revised 1/30/13 Contract No. 4003-1 Page 11 of 48 Pages The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3„ all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. IS Revised 1/30/13 Contract No. 4003-1 Page 12 of 48 Pages 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, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Contractor's Proposal Bidder's Bond Noncollusion Declaration Designation of Subcontractor and Amount of Subcontractor's Bid Bidder's Statement of Technical Ability and Experience Acknowledgement of Addendum(a) Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. Bidder's Statement Re Debarment Bidder's Disclosure Of Discipline Record Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: 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 Engineer's Estimate is $6.500.000 TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein 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. 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. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Classificatio n Description Classificatio n Description A General Engineering C50 Reinforcing Steel ASB Asbestos Removal Certification C51 Structural Steel B General Building C53 Swimming Pool C-2 Insulation and Acoustical C54 Ceramic and Mosaic Tile C-4 Boiler, Hot Water Heating and C55 Water Conditioning Steam Fitting Water Well Drilling C-5 Framing and Rough Carpentry C57 Water Well Drilling C-6 Cabinet, Mill Work, and Finish C60 Welding Carpentry Revised 1/30/13 Contract No. 4003-1 Page 13 of 48 Pages c-7 Low Voltage Communications C61 Limited Specialty and Wiring Systems C-8 Concrete HAZ Hazardous Substance Removal Certification C-9 Drywail D03 Awnings CIO General Electrical D04 Central Vacuum Systems Cll Elevator Contractor D06 Concrete Related Services C12 Earthwork and Paving D09 Drilling, Blasting and Oil Field Earthwork and Paving Work C13 Fencing DIO Elevated Floors C14 Metal Roofing Systems D12 Synthetic Products C15 Flooring and Floor Covering D16 Hardware, Locks and Safes C16 Fire Protection Contractor D21 Machinery and Pumps C17 Glazing D24 Metal Products C20 Warm-Air Heating, Ventilating D28 Doors, Gates and Activating and Air-Conditioning Devices C21 Building Moving / Demolition D29 Paperhanging C23 Ornamental Metals 030 Pile Driving and Pressure Foundation Jacking C26 Lathing D31 Pole Installation and Lathing Maintenance C27 Landscaping D34 Prefabricated Equipment C28 Lock and Security Equipment D35 Pool and Spa Maintenance C29 Masonry D38 Sand and Water Blasting C31 Construction Zone Traffic Sand and Water Blasting Control C32 Parking and Highway D39 Scaffolding Improvement D40 Service Station Equipment and Maintenance C33 Painting and Decorating D41 Siding and Decking C34 Pipeline D42 Sign Installation C35 Lathing and Plastering D49 Tree Service C36 Plumbing D50 Suspended Ceilings C38 Refrigeration D52 Window Coverings C39 Roofing D53 Wood Tanks C42 Sanitation Systems D56 Trenching Only C43 Sheet Metal D59 Hydroseed Spraying C45 Electrical Signs D62 Air and Water Balancing C46 Solar D63 Construction Clean-up C47 Manufactured Housing D64 Non-specialized D65 Weatherization and Energy Conservation ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% 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. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ 100.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 1/30/13 Contract No. 4003-1 ^1 Page 14 of 48 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID This project is not subjected to Prevailing Wage. PRE BID MEETING A pre-bid meeting is not planned for this project. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS 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. Revised 1/30/13 Contract No. 4003-1 Page 15 of 48 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. 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 be accompanied by 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 City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for ali insurance companies. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. 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 by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. 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 of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. , adopted on the day of . 20 . Date Deputy City Clerk (RESOLUTION NUMBER & DATE AND CITY CLERK SIGNATURE & DATE OF SIGNATURE ARE INSERTED BY THE PURCHASING DEPARTMENT) (REMOVE THIS TEXT BEFORE PRINTING THl tpECIFICATIOI Revised 1/30/13 Contract No. 4003-1 Page 16 of 48 Pages CITY OF CARLSBAD FIRE STATION #3 CONTRACT NO. 4003-1 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4003-1 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. Description A-1 Mobilization at SCHEDULE "A' Approximate Quantity And Unit Notto Exceed $150,000 (Price in Words) A-2 Clearing and Grubbing at (Price in Words) A-3 Construction schedule at (Price in Words) A-5 All costs for Storm Water Pollution Prevention during construction, including preparation of SWPPP and all BMPs. LS $40,000 Stipulated Amount LS Unit Price (Figures) Total Amount (Figures) $-$_ $40.000 $40.000 $_ V (Price in Words) Revised 1/30/13 Contract No. 4003-1 <3H Page 17 of 48 Pages Item No. Description A-8 All costs for the construction of off-site improvements in the Right of Way, including the new street, utilities, landscaping, and hydro- modification. Approximate Quantity Unit Price And Unit (Figures) LS Total Amount (Figures) $. $. (Unit Price in Words) A-9 All costs to construct the Fire Station and on-site improvements. LS (Unit Price in Words) A-10 Record of Survey, including Checking and Recording Fees at LS $. (Price in Words) A-11 Furnish and Install Project Signs at 2EA $. $. (Unit Price in Words) A-12 Class A Field Office at 12 Months $. $_ Per Month Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $_ Revised 1/30/13 Contract No. 4003-1 ^5 Page 18 of 48 Pages The basis of award will be the sum of Schedule "A" only. 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. Revised 1/30/13 Contract No. 4003-1 Page 19 of 48 Pages The Undersigned has carefully checked 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 and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number , classification which expires on , 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. 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. Accompanying this proposal is (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. 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. V Revised 1/30/13 Contract No. 4003-1 Page 20 of 48 Pages F A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: 1) Name under which business is conducted 2) Signature (given and surname) of proprietor 3) Place of Business (Street and Number) City and State 4) Zip Code Telephone No. 5) E-Mail FA 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 City and State (Street and Number) 4) Zip Code Telephone No. 5) E-Mail Revised 1/30/13 Contract No. 4003-1 Page 21 of 48 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2) (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business (Street and Number) City and State (5) Zip Code Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 5^ Revised 1/30/13 Contract No. 4003-1 Page 22 of 48 Pages 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: V 30 Revised 1/30/13 Contract No. 4003-1 Page 23 of 48 Pages BID SECURITY FORM (Check to Accompany Bid) FIRE STATION #3 CONTRACT NO. 4003-1 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; othenA/ise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless OthenA/ise required by law, and notwithstanding the award of the contract to another bidder. BIDDER Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) V 5' Revised 1/30/13 Contract No. 4003-1 Page 24 of 48 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL FIRE STATION #3 CONTRACT NO. 4003-1 KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) ' for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: FIRE STATION #3 CONTRACT NO.4003-1 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; othenA/ise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day of , 20 . Revised 1/30/13 Contract No. 4003-1 Page 25 of 48 Pages PRINCIPAL: (name of Principal) By: (sign here) (print name here) Executed by SURETY this of 20. SURETY: (name of Surety) day (Title and Organization of Signatory) By: (sign here) (print name here) (address of Surety) (telephone number of Surety) By: (signature of Attorney-in-Fact) (title and organization of signatory) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (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 corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney Revised 1/30/13 Contract No. 4003-1 33 Page 26 of 48 Pages GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1 -2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or othenA/ise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information mav result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Revised 1 /30/13 Contract No. 4003-1 Page 27 of 48 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. 3S Revised 1/30/13 Contract No. 4003-1 Page 28 of 48 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) FIRE STATION #3 CONTRACT NO.4003-1 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* Page of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of ttie information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 1/30/13 Contract No. 4003-1 5^ Page 29 of 48 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) FIRE STATION #3 CONTRACT NO.4003-1 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract 3>1 Revised 1/30/13 Contract No. 4003-1 Page 30 of 48 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) FIRE STATION #3 CONTRACT NO.4003-1 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: • Comprehensive General Liability • Automobile Liability • Workers Compensation • Employer's Liability 2) 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, Automobile Liability, Workers Compensation and Employer's Liability 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 must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 1/30/13 Contract No. 4003-1 Page 31 of 48 Pages BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) FIRE STATION #3 CONTRACT NO.4003-1 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? 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 debar- ments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: (name of Contractor) By: (sign here) (print name/title) Page of pages of this Re Debarment form Revised 1/30/13 Contract No. 4003-1 5^ Page 32 of 48 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) FIRE STATION #3 CONTRACT NO. 4003-1 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? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? 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? 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, descnbe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form HO Revised 1/30/13 Contract No. 4003-1 Page 33 of 48 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) FIRg STATION #3 CONTRACT NO. 4003-1 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 vtolation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. .,. (If needed attach additiona! sheets to provide full disclosure.) BY CONTRACTOR: (name of Contractor) By: (sign here) (print name/title) Page of pages of this Disclosure of Discipline form C3 ^1 mil^ Revised 1/30/13 Contract No. 4003-1 Page 34 of 48 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 FIRE STATION #3 CONTRACT NO. 4003-1 The undersigned declares: I am the of , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , 20 at [city], [state]. Signature of Bidder Revised 1/30/13 Contract No. 4003-1 Page 35 of 48 Pages CONTRACT PUBLIC WORKS This agreement is made this day of , 20 , by and between the City of Carfsbad, California, a municipal corporation, (hereinafter called "City"), and whose principal place of business is (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: FIRE STATION #3 CONTRACT NO. 4003-1 (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 Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the 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 Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. 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 General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. Revised 1/30/13 Contract No. 4003-1 Page 36 of 48 Pages 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 work, and is aware of those conditions. The Contract price includes payment for all work that 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 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: 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 matenally from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures descnbed in this contract. In the event that a dispute anses 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, perfonnance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all nghts provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 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. Revised 1/30/13 Contract No. 4003-1 Page 37 of 48 Pages 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, 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 those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or 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. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or othenA/ise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 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 anse from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $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 employees are additional insured. b. Business Automobile Liability Insurance: $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. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured 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. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. 5 Revised 1/30/13 Contract No. 4003-1 Page 38 of 48 Pages b. 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 contnbute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. 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) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) 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 administration and defense expenses. (E) 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. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authonzed to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and onginal endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) 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 Section 3 of the General Provisions. The contractor shall initially submit all 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 900 et seq., of the California Government Code) for any claim or cause of action for money or damages pnor to filing any lawsuit for breach of this agreement. Hh Revised 1/30/13 Contract No. 4003-1 Page 39 of 48 Pages (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 cnminal 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 Carfsbad 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. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. init init 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. HI Revised 1/30/13 Contract No. 4003-1 Page 40 of 48 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or matenals pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by 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 included herein, and if, through mistake or othenA/ise, 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. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: CITY OF CARLSBAD a municipal corporation of the State of California (name of Contractor) By: Mayor By: (sign here) ATTEST: (print name and title) BARBARA ENGLESON, City Clerk By: (sign here) (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: CELIA A. BREWER City Attorney By: Assistant City Attorney Revised 1/30/13 Contract No. 4003-1 Page 41 of 48 Pages LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carisbad, State of California, by Resolution No. , adopted , has awarded to (hereinafter designated as the "Principal"), a Contract for: FIRE STATION #3 CONTRACT NO. 4003-1 in the City of Carisbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carisbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, as Principal, (hereinafter designated as the "Contractor"), and as Surety, are held firmly bound unto the City of Carisbad in the sum of Dollars ($ ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 1/30/13 Contract No. 4003-1 Page 42 of 48 Pages V In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of , 20. CONTRACTOR: Executed by SURETY this of SURETY: 20 day (name of Contractor) By: (sign here) (name of Surety) (address of Surety) By:. (print name here) (title and organization of signatory) (sign here) (print name here) By: (telephone number of Surety) (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (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 corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney Revised 1/30/13 Contract No. 4003-1 50 Page 43 of 48 Pages FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted , has awarded to , (hereinafter designated as the "Principal"), a Contract for: FIRE STATION #3 CONTRACT NO.4003-1 in the City of Carisbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carisbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, . as Principal. (hereinafter designated as the "Contractor"), and ., as Surety, are held and firmly bound unto the City of Carisbad, in the sum of Dollars ($ ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carisbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 1/30/13 Contract No. 4003-1 Page 44 of 48 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _ day of , 20_ CONTRACTOR: (name of Contractor) By: (sign here) (print name here) By: (sign here) (print name here) Executed by SURETY this day of 20. SURETY: (name of Surety) (address of Surety) By: (Title and Organization of Signatory) (telephone number of Surety) (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (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 corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney Revised 1/30/13 Contract No. 4003-1 Page 45 of 48 Pages OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carisbad whose address is 1200 Carisbad Village Drive, Carisbad, 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 sections 22300 and 10263 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 FIRE STATION #3 CONTRACT NO.4003-1 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 Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. 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 City 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 retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of 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. S3 Revised 1/30/13 Contract No. 4003-1 Page 46 of 48 Pages 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 (1) to (8), 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 FINANCE DIRECTOR Name Signature For Contractor: Address 1635 Faradav Avenue. Carisbad. CA 92008 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. Revised 1/30/13 Contract No. 4003-1 Page 47 of 48 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature Address 1200 Carlsbad Villaae Drive. Carlsbad. CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address Revised 1/30/13 Contract No. 4003-1 55 Page 48 of 48 Pages