HomeMy WebLinkAbout2020-04-23; Contractor Inquiry; Gomez, PazTo the members of the:
CITY COUNCIL
Date~CA_.:£._cc_L
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April 23, 2020
Council Memorandum
To:
From:
Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Pub~rks
Geoff Patnoe, Assistant City Manager ~
Contractor Inquiry
Via:
Re:
{city of
Carlsbad
Memo ID# 2020070
This memorandum provides information related to an inquiry received by a council member on
April 13, 2020 from a resident who manages a local business that provides temporary fence
material for construction, public safety and similar uses.
Background
In the email, the resident alleged Diamond Environmental Services personnel have felony
convictions, citing a recent indictment, and expressed concerns over the city doing business with
the company. Currently, the city neither has any active contracts with Diamond Environmental
Services nor is the company listed as a subcontractor on any active city contracts.
Discussion
Background Checks
When appropriate, city Requests for Proposals specify that a contractor must conduct federal,
state and county of residence criminal background checks on all personnel performing work
under the contract. For example, in Request for Bids RFB #20-05 (see Attachment A) for portable
restroom rental and service, issued Oct. 21, 2019, Section 3.02 states the contractor "shall
exclude from any direct pa'rticipation in the performance of the Services any dishonest,
unreasonably dangerous, felon, or otherwise unqualified persons" and "shall remove any person
from performing any Services to CITY if said person is arrested and charged with either a
misdemeanor or felony." This section also lists the city's rights to audit background checks,
review, disapprove and order removal of any personnel.
Materialmen v. Subcontractor
Even if Diamond Environmental Services were providing temporary fence rental services in
connection with a city public works project, they would likely not be considered a contractor or
subcontractor, but rather a provider of materials or "materialmen." Since these temporary rental
services do not result in the materialmen constructing a definite, substantial part of the work of
improvement in accordance with the project's plans and specifications, Diamond Environmental
Services would not be listed as a subcontractor on any city public works contract.
Public Works Branch
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2730 t
Honorable Mayor Hall and Members of the City Council
April 23, 2020
Page 2
Contractor Debarment
Debarment is a tool that allows agencies to avoid doing business with irresponsible contractors
who engage in fraud, waste and abuse. The City of Carlsbad may disqualify a contractor or
subcontractor (Bidder) from bidding, working or being awarded a public works project when the
Bidder has been debarred by another public entity. When Bidders submit proposals to the city, a
Bidder's Statement is required and verified by staff to ensure the Bidder does not appear on any
debarment lists published by federal, state or area jurisdictions such as the City of San Diego or
County of San Diego.
Diamond Environmental Services currently appears on a federal debarment list, which
disqualifies them from bidding on city contracts.
Next Steps
Staff continuously reviews procurement and contracting procedures to ensure fair, transparent
processes that safeguard the city's interests. Adjustments to procedures are made as needed in
coordination with the Finance Department/Purchasing Division and the City Attorney's office.
Attachment: A. Request for Bids RFB #20-05 for portable restroom rental and service
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Ron Kemp, Assistant City Attorney
Robby Contreras, Assistant City Attorney
Kyle Lancaster, Parks & Recreation Director
Kevin Branca, Finance Director
Babaq Taj, Engineering Manager
Cheryl Gerhardt, Purchasing Officer
REQUEST FOR BIDS
RFB #20-05 (Re-Bid)
FOR
PORTABLE RESTROOM RENTAL AND SERVICE
October 21, 2019
Attachment A
PROPOSALS MUST BE RECEIVED SEALED AND CLEARLY MARKED ON THE OUTSIDE WITH
"RFB #20-05 (Re-Bid) PORTABLE RESTROOM RENTAL AND SERVICE"
BIDS MUST BE RECEIVED PRIOR TO 2:00 P.M. ON Nov. 20, 2019 (PST)
AT:
CITY OF CARLSBAD
Purchasing Department
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Proposals may be submitted by mail or delivered directly to the above address and placed in the bid box
located in the lobby prior to the date and time specified above.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
Portable Restroom Rental and Service REQUEST FoR BIDS #2o-os (Re-Bid)
♦ GENERAL INFORMATION ♦
City of Carlsbad, California
SPECIFICATIONS
AND CONTRACT DOCUMENTS
FOR
PORTABLE RESTROOM RENTAL AND SERVICE
RESPONSE IS DUE:
Nov. 20, 2019 prior to 2:00 p.m. PST
Late proposals will not be accepted
TIMELINE OF CRITICAL DATES
Release of RFB October 21, 2019
Deadline for Written Questions Nov 11, 2019 -2:00 p.m . (PST)
Questions & Answers Uploaded Nov 14, 2019 -2:00 p.m. (PST)
RFB Submittals Due Nov 20, 2019 -2:00 p.m. (PST)
All questions regarding this RFB shall be in writing and submitted via email to:
Tim Selke, Parks Superintendent
tim .selke@carlsbadca.gov
Questions must be submitted by Nov. 11, 2019, 2:00 p.m. PST
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-0S (Re-Bid)
RFB #20-05 (Re-Bid) DATE DUE: November 20, 2019 -2:00 p.m. PST
GUARANTEE OF GOOD FAITH FOR: PORTABLE RESTROOM RENTAL AND SERVICE
The City of Carlsbad is requesting bids for Portable Restroom Rental and Service per the attached
specifications. Proposals are required for the entire work as described therein. You may bid on the work if
you meet the requisite qualifications, and you have the ability to provide the specified services. Your bid
must be submitted as described in the attached Request for Bid. Additional documentation may be added if
desired. Please review the entire package before submitting your bid. Incomplete submissions may be
rejected as non-responsive. The CITY's goal is to have the successful CONTRACTOR providing these
services starting on Saturday February 1, 2020. The CONTRACT is intended to be for a two-year term,
with up to two additional two-year optional extensions.
In accordance with Carlsbad Municipal Code Sections 3.28.030 and 3.28.050(0) awards shall be based on a
best value evaluation. Criteria used for the evaluation will include: cost, ability to provide service, previous
performance and references, quality of service, responsiveness to specifications, and unspecified value-
added offerings by CONTRACTOR. Preferential treatment in the evaluation will not be provided to
incumbent contractor. The awarding authority's determination and selection shall be final.
The selected CONTRACTOR is expected to sign a contract. A sample contract is attached. You must
consider the terms and conditions in the sample contract to be part of your bid. Please read the insurance
requirements and general provisions carefully. Please do not execute the contract at this time.
CITY reserves the right to reject any or all bids or any part of the bid, to waive minor defects or technicalities,
or to solicit new bids. Each bid is required to contain a CONTRACTOR'S Proposed Cost of Services, based
on prevailing wages.
Please direct questions regarding the RFB specifications to Tim Selke, Parks Superintendent, at
ti m.selke@carlsbadca.gov. Please direct questions regarding the bid process to Shea Sainz, Senior
Contract Administrator, at shea.sainz@carlsbadca.gov, or 760-602-2467.
GUARANTEE OF GOOD FAITH
REQUIRED AMOUNT: $ NONE
(FAILURE TO SUBMIT GUARANTEE OF
GOOD FAITH WILL VOID YOUR BID.)
Contractor ________________ _
Address _________________ _
City, State, Zip _______________ _
Auth. Signature _______________ _
Print Nameffitle _______________ _
Phone # __________ Date ______ _
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Portable Restroom Rental and, Service REQUEST FOR BIDS #20-05 (Re-Bid)
Table of Contents
Section 1
Section 2
Section 3
Section 4
Introduction···••.•················································································· 5
Background .................................................................................... · ... 6
Scope of Work ..................................................................................... 7
Legal & Contractual Guidelines ....................................................... 18
Subsection 57 -List of Submittals
• Contractor's Guarantee of Good Faith
• Contractor's Transmittal Letter
• Contractor's Information
• Contractor's Financial Statements
• Contractor's Client References
• Contractor's Supporting Documentation
• Contractor's Proposed Cost of Services Charts
• Contractor's Statement of Ability to Provide Services
• Contractor's Statement of Technical Ability and Experience
(Work Force)
• Contractor's Equipment
• Contractor's Listing of Subcontractors
• Contractor's Extra Work Guarantee
• Contractor's Statement of Unspecified Value-Added Offerings
• Contractor's Statement of Compliance with Insurance Requirements
Section 5 Proposal Requirements ................................................................... 29
Section 6 Submittal Process, Schedule, Revisions/Exceptions to RFB ........... 33
Appendix A Sample of Agreement for Contract Services .................................... 38
Appendix B Contractor's Proposed Cost of Services .......................................... 51
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
Section 1 -Introduction
The City of Carlsbad is currently soliciting proposals to provide portable restroom rental and service for, but
not limited to, ongoing use in community parks, school athletic fields, along the coastal seawall as well as on
call emergency requests. The purpose of this proposal is to obtain competitive pricing for the above scope of
·services from a contractor that can meet the current requirements of the Carlsbad Parks & Recreation
Department, and be willing to negotiate an expansion of the scope of work -as development of the city's sites
continues. The city seeks one service contractor that will be able to deliver high quality services in a cost-
efficient manner.
Proposals for the work are required for the entire scope as described therein. You may bid on the services if
you meet the requisite qualifications, and you have the ability to provide the specified services. The city will
only consider contracting with a contractor that is proactive in its work standards and can meet the
qualifications set forth in this request for bids package. The focus of the proposal review will be on ensuring
the best value and effective delivery of high quality services within the City of Carlsbad. The city's goal is to
have the successful CONTRACTOR providing these services starting on Saturday February 1, 2020. The
CONTRACT will be for a two-year term, with up to two additional two-year optional extensions.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
Section 2 -Background
About the City of Carlsbad and its Parks Maintenance Categories
The city is located 35 miles north of the City of San Diego on the Southern California coast. The city has a
population of approximately 110,000 and serves an area of 39 square miles. With three lagoons, and nearly
40% of the city set aside as open space, Carlsbad has been widely recognized for its responsible approach
to growth management and maintaining an excellent quality of life for residents. Specific to this request for
proposal, the city is responsible for maintaining approximately 183 acres of community parks and school
athletic fields. ·
Carlsbad is a popular tourism destination; home to LEGO LAND, the Flower Fields, and nearly seven miles of
coastline. The city is also known as the nation's golf industry capital and a hub for leading high tech and
biotech companies.
The city incorporated in 1952 and has a council/manager form of government. The City Council consists of
a mayor and four council members. As a full service city, Carlsbad provides water, sewer, library, parks
and recreation, police and fire services, in addition to traditional city services.
In annual citywide surveys, Carlsbad residents have consistently indicated a high level of confidence in their
city government and give the city high marks in everything from quality of life to libraries, parks, safety, and
other important services. Specific to this request for proposal, recent survey results indicated 95 percent of
residents polled were satisfied with the quality of the city's parks; and 89 percent of residents polled were
satisfied with the quality of the city's trails and walking paths.
Carlsbad's commitment to quality and value
The City of Carlsbad has a strong commitment to provide excellent service at the best value to
taxpayers. The city has a long standing track record of political stability and fiscal responsibility, holding
an AAA credit rating from Standard & Poor's.
Like other cities throughout the nation, Carlsbad operates in a lean manner, with high community
expectations for value, accountability and transparency. It is important to continuously ensure that
taxpayers are receiving the most efficient and cost-effective delivery of high quality city services.
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Portable Restroom Rental and Service REQUEST FOR BIDS #Z0-05 (Re-Bid)
Section 3 -Scope of Work
PARTI
GENERAL SPECIFICATIONS
1.00 GENERAL REQUIREMENTS
1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a
professional, workmanlike manner using quality equipment and materials.
1.02 CONTRACTOR is expected to have the appropriate staff and equipment available to perform all
portions of this CONTRACT within the given time frames.
1.03 CONTRACTOR shall clearly identify each piece of riding/driving equipment used at areas of service
with decals, noting CONTRACTOR'S name (including logo), and phone number.
1.04 CONTRACTOR shall comply with the provisions of the Immigration Reform and Control Act of 1986,
Public Law 99-603.
1.05 CONTRACTOR shall provide the labor, materials, equipment, tools, services and special skills
necessary for the provision of parks maintenance services, except as otherwise specified hereinafter.
The premises shall be maintained to the highest of standards at no less than the minimum frequencies
set forth herein.
1.06 CONTRACTOR shall employ only workers who are competent to perform the work assigned to them,
and in the case of skilled labor, who are adequately trained and experienced in their respective trades
and who do satisfactory work. Should the CITY notify CONTRACTOR that any person(s) employed by
CONTRACTOR is, in the CITY'S opinion, incompetent, unfaithful, or insufficiently skilled while on the
work site, such person shall be immediately discharged from the work site and shall not be re-deployed
thereon except with the written consent of CITY.
1.07 CONTRACTOR is hereby required to render and provide services as described in Section 3-Scope of
Work.
1.08 Upon commencement of work under this CONTRACT, CONTRACTOR shall be fully equipped and
staffed; thoroughly familiar with CONTRACT requirements and prepared to provide all services
required.
1.09 CONTRACTOR accepts the sites of services in their present physical condition and physical condition
at time of CONTRACT award, and agrees to make no demands upon CITY for any improvements or
alterations thereof.
1.10 CONTRACTOR shall document and report to CITY all observations of: graffiti and other vandalism;
illegal activities; transient camps; missing or damaged equipment or signs; hazards or potential
hazards, including without limitation, sidewalk hazards caused by trees or other means, within 2 hours
of observation.
1.11 CONTRACTOR shall incorporate and comply with all applicable Storm Water pollution prevention Best
Management Practices (BMPs) during the performance of this CONTRACT. All parks maintenance
services must be in compliance with the most current San Diego Regional Water Quality Control Board
(RWQCB) municipal permit, City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP),
and Carlsbad Municipal Code (CMC); RWQCB municipal permit and JURMP are on file with CITY.
Said permits and plans, as may be amended from time to time, are incorporated herein by reference.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-0S {Re-Bid)
1.12 CONTRACTOR shall indicate in their proposal methods of compliance, equipment utilized to insure
compliance, training of staff and experience in compliance with environmental regulations. If in the
opinion of CITY, CONTRACTOR is not in compliance with this provision, CITY reserves the right to
implement BMPs to the maximum extent practical, and deduct payment due or back charge
CONTRACTOR for implementation.
2.0 REQUIRED CERTIFICATIONS/LICENSES
2.01 CONTRACTOR shall have and maintain a valid County of San Diego Department of Environmental
Health Sewage Hauler Operating Permit as well as a City of San Diego Trucked Domestic Waste
Hauler Permit throughout the term of this CONTRACT. License must be in good standing without any
unresolved official record of complaints registered or filed with the California Department of Consumer
Affairs.
2.02 CONTRACTOR shall possess the most recent California Highway Patrol Commercial Vehicle
Inspection (BIT) report for all commercial equipment used throughout the term of this CONTRACT and
posses all required County of San Diego Department of Environmental Health inspection records.
3.0 CONTRACTOR'S STAFF AND TRAINING
3.01 CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the
specification set forth herein.
3.02 With respect to all persons employed or contracted by CONTRACTOR to perform Services under this
CONTRACT, CONTRACTOR shall ensure that pre-employment or pre-contracting reference and
background checks have been conducted on all personnel directly performing Services under this
CONTRACT (which shall include but not be limited to, all such persons who shall come on to the
premises at any CITY facility or in any CITY park or public rights-of-way in the performance of their
duties or tasks). CONTRACTOR shall be responsible for ensuring that federal, state and county of
residence criminal background checks -via Livescan or equivalent means, as approved by the CITY -
are conducted on all personnel providing Services or work under this CONTRACT, prior to their
commencement of Services under this CONTRACT, and shall exclude from any direct participation in
the performance of the Services any dishonest, unreasonably dangerous, felon, or otherwise
unqualified persons. In addition, CONTRACTOR shall be responsible for ensuring that the
aforementioned criminal background checks are annually renewed, prior to the anniversary date of the
execution of this CONTRACT, CONTRACTOR will abide by all applicable laws, rules and regulations
including, but not limited to the Fair Credit Reporting act and/or any equal opportunity laws, rules,
regulations or ordinances. CONTRACTOR shall maintain paperwork to support its compliance with the
above.
• CITY shall have the right to audit background check data.
• CITY shall have the absolute right to review and disapprove any personnel assigned to perform any
of the Services required pursuant to this CONTRACT.
• CITY shall have the unrestricted right to order the removal of any person(s) assigned by
CONTRACTOR by giving oral or written notice to CONTRACTOR to such effect.
• CONTRACTOR'S personnel shall at all times while performing any of the Services required under
this CONTRACT comply with CITY's drug and alcohol policies then in effect.
CONTRACTOR shall remove any person from performing any Services to CITY if said person is
arrested and charged with either a misdemeanor or felony.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
3.03 CITY may at any time give CONTRACTOR written notice to the effect that the conduct or action of a
designated employee of CONTRACTOR (including subcontractors) is, in the sole discretion of CITY,
detrimental to the interest of the public patronizing the premises. CONTRACTOR shall meet with
representatives of CITY to consider the appropriate course of action with respect to such matter and
CONTRACTOR shall take reasonable measures under the circumstances to assure CITY that the
conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the
public patronizing the premises.
3.04 CITY may at any time order any of CONTRACTOR'S personnel removed from the premises when, in
the sole discretion of CITY, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or
otherwise detrimental to the interest of CITY or the public patronizing the premises.
3.05 CONTRACTOR shall require each of his personnel to adhere to basic public works standards of
working attire including uniform shirts and/or vests clearly marked with CONTRACTOR'S company
name (including logo, if applicable), and employee name badges as approved by CITY. Sufficient
changes of attire shall be provided to present a neat and clean appearance of CONTRACTOR'S
personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel
shall be equipped with proper shoes and other gear required by Cal-OSHA and other State safety
regulations. Brightly colored traffic vests or reflectors shall be worn when personnel are working near
vehicular traffic.
3.06 CONTRACTOR shall designate a person (Contract Manager) who can communicate effectively both in
written and oral English and who shall be present at all times during CONTRACT operations as
described in this CONTRACT. Any order or communication given to CONTRACTOR's Contract
Manager shall be deemed as delivered to CONTRACTOR. ·
4.00 HOURS AND DAYS OF MAINTENANCE SERVICES
4.01 The hours of maintenance service shall be 7:00 a.m. to 4:00 p.m. daily fat all sites. No exceptions are
approved, nor anticipated, by the CITY.
4.02 CONTRACTOR shall provide staffing to perform the required maintenance services during the
prescribed hours seven (7) days per week. Any changes in the days of operation heretofore
prescribed shall be subject to approval, in writing, by CITY.
4.03 CONTRACTOR is advised that any travel lane closures necessary, on major or arterial roads as
defined by CITY, are subject to limited hours, except as approved, in writing, by CITY. No work, related
to a lane closure, including installation or removal of traffic control devices, may occur outside the hours
of 9:00 a.m. and 3:00 p.m. daily on these roads.
4.04 The use of all power tools is prohibited daily between 7:00 p.m. and 7:00 a.m., except under
emergency circumstances as approved by CITY.
5.00 MAINTENANCE SCHEDULES
5.01 CONTRACTOR will be provided the maximum latitude in establishing work schedules, which
correspond to its staff and equipment resources.
5.02 CONTRACTOR shall, within thirty (30) calendar days after CITY executes this CONTRACT, submit
work schedules to CITY for review and written approval. Said work schedules shall identify required
operations and delineate the time frames for performance, and shall be updated and submitted by
CONTRACTOR to CITY on a quarterly basis thereafter.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
6.00 PAYMENT AND INVOICES
6.01 CONTRACTOR shall present monthly invoices, for all Services performed during the preceding month.
Said invoice shall include all required certifications and reports as specified hereinafter. The invoice
shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to
be paid by CITY for all Services rendered by CONTRACTOR under the terms and conditions of this
CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing
that all Services performed during the preceding month has been inspected and accepted by CITY and
that applicable certifications have been submitted in accordance with the provisions of this
CONTRACT.
6.02 In the event CITY transfers title or maintenance responsibility of the premises or a portion thereof, this
CONTRACT shall continue in full force and effect, except said portion, at the discretion of CITY, may be
deleted from the premises to be maintained and the CONTRACT sum shall be reduced accordingly.
7.00 EQUIPMENT
7.01 CONTRACTOR shall only use equipment identified in the bid submittal, or thereafter with written CITY
approval, during the term of this CONTRACT.
7.02 CONTRACTOR shall have, or be able to acquire through rental, back-up equipment necessary to
complete that day's routine and/or specialty tasks. This back-up equipment must be on site and ready
to continue service within two (2) hours from the time the existing equipment has failed to work
properly.
7.03 All equipment shall be generally clean, void of significant body damage, in good working order, leak-
free, and regularly maintained.
7.04 Each piece of riding/driving equipment used at areas of service shall be clearly identified with decals,
noting CONTRACTOR'S name (including logo), and phone number.
7.05 CONTRACTOR must use appropriate equipment suitable for commercial applications in completing all
required tasks in this CONTRACT.
8.00 PERFORMANCE DURING INCLEMENT WEATHER
8.01 During the periods when inclement weather hinders performance of the required work, CONTRACTOR
may adjust its work force in order to accomplish those activities that are not affected by weather.
8.02 CONTRACTOR may be required during inclement weather to perform clean-up tasks as requested by
CITY. CONTRACTOR'S labor hours shall not exceed the normal working hours without prior written
approval by CITY.
9.00 COMMUNICATIONS AND EMERGENCY RESPONSE
9.01 CONTRACTOR shall, during the term of this CONTRACT, maintain a single telephone number, with a
local San Diego region area code, at which CONTRACTOR or CONTRACTOR'S responsible
employee may be contacted at any time, twenty-four (24) hours per day, 7 days per week, to take the
necessary action regarding all inquiries, complaints and the like, that may be received from CITY. For
hours beyond the normal 7:00 a.m. to 4:00 p.m . business day, an answering service shall be
considered an acceptable substitute for full time twenty-four hour coverage, provided that
CONTRACTOR responds to CITY by return call within thirty (30) minutes of CITY'S original call.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
9.02 Whenever immediate action is required to prevent possible injury, death, or property damage, CITY
may, after reasonable attempt to notify CONTRACTOR, cause such action to be taken by alternate
work forces and, as determined by CITY, charge the cost thereof to CONTRACTOR, or deduct such
cost from any amount due to CONTRACTOR including a fifteen percent (15%) markup for
administrative costs. ·
9.03 During normal working hours, CONTRACTOR shall have the ability to contact and provide direction to
its field crews within thirty (30) minutes of notification by CITY.
9.04 All complaints shall be addressed as soon as possible after notification; but in all cases within 24 hours,
· to the satisfaction of CITY. If any complaint is not addressed within 24 hours, CITY shall be notified
immediately of the reason for not addressing the complaint followed by a written report to CITY within
five (5) working days. If the complaints are not abated within the time specified or to the satisfaction of
CITY, CITY may correct the specific complaint and the total cost incurred by CITY will be deducted
from payments owing to CONTRACTOR from CITY.
9.05 CONTRACTOR shall maintain a written log of all complaints, the date and the time thereof and the
action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the
inspection of CITY at all reasonable times and without prior notice to CONTRACTOR.
9.06 CONTRACTOR'S supervisors and foremen shall carry cellular telephones with local San Diego region
area code. Supervisors and foremen shall respond within thirty (30) minutes to any call from CITY, at
any time, during normal working hours.
10.00 INSPECTIONS, MEETINGS AND REPORTS
10.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at
any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and
identifying deficiencies.
10.02 CONTRACTOR or an authorized representative shall meet with CITY on each site at the discretion and
convenience of CITY, for inspections.
10.03 At CITY'S request CONTRACTOR shall attend meetings, as determined by CITY, for purposes of
orientation, information sharing, CONTRACT revision, description of CITY policies, procedures,
standards, and the like. ·
10.04 CONTRACTOR shall provide to CITY such written documentation and/or regular reports as CITY
deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to
provide to CITY pertinent information relative to the maintenance, operation, and safety of the sites
under this CONTRACT.
11.00 DAMAGES CAUSED BY CONTRACTOR
11.01 All damages incurred to sites under CONTRACT, by CONTRACTOR'S operation shall be repaired or
replaced, by CONTRACTOR or by other forces (at the discretion of CITY), all at CONTRACTOR'S
expense.
11.02 All such repairs or replacements, which are directed by CITY are to be done by CONTRACTOR and shall
be completed within the time limit$ established by CITY.
11.03 Damaged trees, shrubs, turf, and ground cover shall be repaired or replaced in accordance with the
following maintenance practices:
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
A. Trees: Minor damage such as bark lost from impact of operating equipment shall be remedied by a
qualified tree surgeon or arborist. If damage results in loss or significant compromise to the health
or quality of a tree, the damaged tree shall be removed and replaced to comply with the specific
· instructions of CITY.
B. Shrubs: Minor damage may be corrected by appropriate pruning. Major damage shall be corrected
by removal of the old plant material and replacement with new plant material.
C. Adjacent turf and groundcover: Minor turf damage may be corrected by appropriate amending and
over seeding damaged areas. Major damage shall be corrected by removal and replacement of turf
of like variety. Minor groundcover damage shall be corrected by appropriate pruning. Major
damage shall be corrected by removal of the old plant material and replacement with new plant
material identical to the damaged plant material.
D. Adjacent Improvements: CONTRACTOR shall remove and replace all surface and hardscape
improvements damaged by its work to the satisfaction of CITY. All damaged improvements shall be
replaced in accordance with CITY standards. CONTRACTOR shall be fully licensed for the type of
repair work being performed or shall employ a subcontractor licensed in the discipline required.
12.00 ENFORCEMENT AND DEDUCTIONS
12.01 CITY'S Parks Services Manager or designee shall be responsible for the enforcement of this
CONTRACT on behalf of CITY.
12.02 If in the judgment of CITY, CONTRACTOR is deemed to be non-compliant with the terms and
obligations of the CONTRACT, CITY, may, in addition to other remedies provided herein, withhold the
entire monthly payment, deduct pro-rata from CONTRACTOR'S invoice for work not performed to the
standards of this CONTRACT, and/or deduct assessed liquidated damages. Notification of the amount
to be withheld or deducted from payments to CONTRACTOR will be forwarded to CONTRACTOR by
CITY in a written notice describing the reasons for said action.
12.03 The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages
resulting from the failure of CONTRACTOR to correct a deficiency. If after five (5) days of notification
from CITY, CONTRACTOR fails to correct deficiencies, CITY may correct any and all deficiencies using
alternate forces. Any damages occurred as a result of CONTRACTOR failures shall be deducted from
CITY'S payment to CONTRACTOR. The total costs incurred by completion of the work by alternate
forces will be deducted from the payment to CONTRACTOR.
13.00 SAFETY
13.01 CONTRACTOR agrees to perform all Services outlined in this CONTRACT in such a manner as to
meet all accepted standards for safe practices during the maintenance operation and to safely maintain
stored equipment, machines, and materials or other hazards consequential or related to the Services;
and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or
Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees,
agents of CITY, CONTRACTORS, members of the public or others from foreseeable injury, or damage
to their property.
13.02 It shall be CONTRACTOR'S responsibility to inspect, and identify, any condition(s) that renders any
portion of the premises unsafe, as well as any unsafe practices occurring thereon . CONTRACTOR
shall immediately notify CITY of any unsafe condition that it observes which requires correction outside
the· scope of this CONTRACT. However, CONTRACTOR shall be responsible for making minor
corrections including, but not limited to; filling holes in ground, turf or paving; using barricades or traffic
cones to alert patrons of the existence of hazards, including trip, slip or fall hazards; replacing valve box
covers; and the like, so as to protect members of the public or others from injury.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
13.03 CONTRACTOR shall riotify CITY immediately of any occurrence on the premises of accident, injury, or
persons requiring emergency services and, if so requested, shall prepare a written report thereof to
CITY within three (3) calendar days following the occurrence. CONTRACTOR shall cooperate fully with
CITY in the investigation of any such occurrence.
14.00 TRAFFIC CONTROL
14.01 Prior to any work in the public right-of-way, CONTRACTOR shall submit documentation of compliance
with all applicable traffic control regulations. CONTRACTOR shall submit supplementary traffic control
plans for unusual circumstances that are out of the ordinary for right-of-way maintenance. A traffic
control system consists of closing traffic lanes or pedestrian walkways in accordance with the details
shown on the plans, and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD
2003 Revision 1, as amended for use in California). The provisions in this section will not relieve
CONTRACTOR from its responsibility to provide such additional devices or take such measures as
may be necessary to maintain public safety.
14.02 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 of the work period. If
CONTRACTOR so elects, said components may be stored at selected central locations, if so approved
in writing by CITY'S Traffic Engineer, within the limits of rights-of-way.
14.03 Bike lane closures should include work area warning signs for bicyclists, such as "bike lane closed
ahead" and proper delineation for closure of the bike lane. If encroachment into a traffic lane occurs,
the lane should be closed with the above procedures for arterial lane closures.
14.04 Whenever possible, park all maintenance vehicles and trailers off major arterial roadways and park on
cross streets that have less traffic or in CITY Park parking lots.
14.05 CONTRACTOR shall comply with all requirements of CITY'S Traffic Engineer or designee, and shall
bear all costs of required traffic contrC?I including, but not limited to signs, cones, markers, flagmen, etc.
15.00 NON-INTERFERENCE -NOISE
15.01 CONTRACTOR shall not interfere with the public use of the premises and shall conduct its operations
as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and
quiet of the area within which the services are performed.
15.02 In the event that CONTRACTOR'S operations must be performed when persons of the public are
present, CONTRACTOR shall courteously inform said persons of any operations that might affect them
and, if appropriate, request persons to move out of the work area.
15.03 CONTRACTOR shall be subject to local ordinances regarding noise levels with regard to equipment
operations. CONTRACTOR shall not use any power equipment prior to 7:00 a.m. or later than 7:00
p.m., except under emergency circumstances. Further, any schedule of such operations may be
modified by CITY in order to insure that the public is not unduly impacted by the noise created by such
equipment.
15.00 DISPOSAL
15.01 All waste shall be disposed at a legally authorized disposal site at the sole cost of the CONTRACTOR.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
16.00 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
16.01 CONTRACTOR shall exercise due care in protecting from damage all existing facilities, structures and
utilities both above surface and underground on CITY property. Any damage to said property deemed
to be caused by CONTRACTOR'S neglect shall be corrected or paid for by CONTRACTOR and at no
cost to CITY. This will include loss of plant material due to improper or inadequate care.
16.02 If CITY requests or directs CONTRACTOR to perform work in a given area, it will be CONTRACTOR'S
responsibility to contact the various utility companies to verify and locate any underground systems or
utility lines. CONTRACTOR shall take responsibility for exercising caution when working in these
areas. If CONTRACTOR damages utilities, it will be responsibility of CONTRACTOR to make the
necessary repairs at their own expense. CONTRACTOR will notify CITY, within one (1) hour, of any
damage that occurs.
16.03 CONTRACTOR shall provide barriers, which are to be kept in place at all times for the protection of
persons other than those engaged on or about the work area from any accident. CONTRACTOR shall
be responsible for all accidents to persons or property through any negligence or fault of
CONTRACTOR, its agents, employees, and/or subcontractors.
16.04 CONTRACTOR shall give reasonable notice to the owner(s) of public or private property and utilities
when such property is susceptible to injury or damage through the performance of the work, and shall
make all necessary arrangements with such owner(s) relative to the removal and replacement or
protection of such property or utilities.
17.00 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
17.01 During storms, CONTRACTOR will provide inspection of the project during regular hours to prevent or
minimize possible damage from inclement weather. CONTRACTOR shall submit a report identifying
any storm damage to CITY identifying location of damage and when feasible, cost estimates to repair.
If remedial work is required beyond this CONTRACT, it shall be contracted for and paid as extra work.
18.00 PROVISION FOR EMERGENCIES
18.01 Whenever, in the opinion of CITY, CONTRACTOR has not taken sufficient precaution for the safety of
the public or the protection of the Services to be done under this CONTRACT, or of adjacent structures ·
or property which may be injured by processes of maintenance, on account of such neglect an
emergency shall arise and immediate action shall be considered necessary in order to protect public or
private, personal, or property interests, then CITY, with or without notice to CONTRACTOR, may
provide suitable protection to the said interest by causing such work to be done and material to be
furnished and placed as CITY may consider necessary and adequate. The cost and expense of such
work and material so furnished shall be borne by CONTRACTOR, and, if the same shall not be paid on
· presentation of the bills therefore, such costs shall be deducted from any amounts due or to become
due CONTRACTOR. The performance of such emergency work under the direction of CITY shall in
no way relieve CONTRACTOR of responsibility for damages which may occur during or after such
precaution has been duly taken by CITY.
18.02 CONTRACTOR shall not be entitled to any damages or extra pay on account of any postponement,
interference, or delay caused by any such structures and facilities within the work area whether they
are shown on the plans or not.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-0S (Re-Bid)
PART II
TECHNICAL SPECIFICATIONS
1.0 LOCATIONS WHERE FACILITIES ARE TO BE PROVIDED
1.01 The locations where facilities are to be provided under the provisions of this CONTRACT are located
at:
Location Name
Aviara Oaks Middle School
Buena Vista Elementary School
Cannon Park
Carlsbad Boulevard Seawall
Ann D. L'Heureux Dog Park
Elmwood Street Parking Lot
Hosp Grove Park
Kelly Elementary School
La Costa Meadows Elementary School
Magnolia Elementary School
Roosevelt Street Parking Lot
State Street Parking Lot
Valley Middle School
Zone 5 Park
Address
6880Ambrosia Lane
1330 Buena Vista Way
Carlsbad Blvd & Cannon Road
Carlsbad Blvd between Tamarack and Cannon
2700 Carlsbad Village Dr.
2998 Elmwood Street
Jefferson Street & Marron Road
4885 Kelly Drive
6889 El Fuerte Street
1905 Magnolia Avenue
2930 Roosevelt Street
3077 State Street
1645 Magnolia Avenue
1 Camino Hills Drive
CONTRACTOR acknowledges personal inspection of the areas and has evaluated the extent to which
the physical condition thereof will affect the services to be provided. CONTRACTOR accepts the
premises in their present physical condition and physical condition at the time of CONTRACT award ,
and agrees to make no demands upon CITY for any improvements or alterations thereof.
2.0 STANDARD AND ADA ACCESSIBLE PORTABLE RESTROOM SPECIFICATIONS
2.01 The Vendor shall deliver rental unit(s) to locations as specified on the delivery order. Each unit must be
delivered in a clean, properly functioning and useable condition. The Vendor must ensure that each unit
is adequately stocked with the appropriate supplies.
2.02 Each standard unit shall be a high capacity polyethylene construction with vent stack, self-closing door
with interior lock and "occupied" indicator. Sufficient paper capacity to coincide with base cleaning
schedule replenishment. Units shall be equipped with sink, urinal and stool, tissue paper and seat cover
holder firmly attached to the unit, seat cover to be hinged and in working order. ADA models shall be
the same configuration with ADA compliant grab bars and turning space. Portable toilets are to be
compliant with all applicable codes, regulations, and industry standards specifically the Americans with
Disabilities Act, Americans with Disabilities Act Accessibility Guidelines and ANSI A 117.1 specifications
for making buildings .and facilities accessible to and usable by physically handicapped people . ...... ____ ...... ,, _______________________ _
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
2.03 All units shall be consistent in color, appearance and age. These units are for public use and must
represent a positive image.
2.04 The Vendor shall empty, clean and restock each unit per the frequency selected as specified on the bid
quotation form. Service day(s) shall be specified on the delivery order. Vendor shall perform additional
scheduled service upon request at the rate established in this contract.
2.05 . Regular maintenance to be completed on each service of the portable toilets shall include, but not
limited to the following:
• Empty holding tank completely and replace with chemically treated water
• Clean and sanitize all interior surfaces of each portable toilet
• Refill toilet paper and seat covers
• Deodorize each portable toilet
• Clean the outside of each portable toilet
• Remove water and debris from the containment pan
• Repairs to units and equipment
• All other services necessary to maintain a neat and sanitary unit
2.06 The Vendor shall provide delivery and pick-up of the portable toilets within twenty-four (24) hours of
notification for standard rentals and special events and four (4) hours notice for emergencies and on-
call requests as may arise. The cost for delivery and pick-up shall be included in the base bid.
2.07 The Vendor shall ensure that each unit is removed promptly at the end of the rental period. The City
shall incur no additional charges after the Vendor is notified to remove a particular unit.
2.08 Upon request, at the time of servicing, the Vendor shall relocate units within the same site area at no
additional charges to the City.
2.09 The Vendor shall ensure proper handling and disposal of all waste material from the rental units, strictly
adhering to OSHA, CalEPA and San Diego County Department of Environmental Regulations for waste
disposal. The Vendor shall keep an accurately
detailed and dated log documenting when and where waste is pumped; when and where waste is
disposed. This log shall cover all activity being invoiced and shall be attached to the invoice, Payment
will be delayed without this log. ·
2.1 O Units shall be anchored, at the expense of the Vendor, if determined necessary.
2.11 Units that have been overturned shall be up-righted by the Vendor, any spilled contents cleaned, and
the unit cleaned at no charge to the City.
3.0 Damage to Portable Units
3.01 The CONTRACTOR shall be responsible for repairs and replacement of units due to damage
resulting from vandalism·, accident, storm or otherwise. Minor repairs of units will be made on
site When possible. Any unit that cannot be repaired on site must be exchanged within twenty-
four (24) hours.
4.0 Damage to Public or Private Property
4.01 Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems and
vehicles on or around the job site. Damage to public and/or private property shall be the responsibility
of the Vendor and shall be repaired and/or replaced at no cost to the City.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
5.0 Standard Rental Period Options
5.01 . The standard rental periods shall be as follows:
• Daily
• Weekly
• Monthly
• Annually
5.02 The City shall specify to the Vendor, when placing the delivery order, the period of rental. All billing
shall be monthly and based on the period pricing schedule.
6.0. Special Events Rentals
6.01 The City may require the Vendor to supply portable toilets for special event(s) as they arise.
Prompt ahd timely set-up and tear down are required as well as cooperation with City staff and other
vendors/contractors at event site.
6.02 The rental period for special events shall be daily.
6.03 Service frequency for special event rental(s) shall be daily.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-0S (Re-Bid)
Section 4 -Legal and Contractual Guidelines
GENERAL PROVISIONS
PLEASE READ CAREFULLY
THESE PROVISIONS ARE A PART OF YOUR BID AND ANY CONTRACT
Pursuant to the Notice to CONTRACTORS advertised in the official CITY newspaper, the specifications,
bidding instructions and requirements on file with CITY, the conditions of these General Provisions, and
subject to all provisions of the ordinances of CITY, CONTRACTOR proposes to furnish to CITY, complete at
the prices stated in the bid document, the items or Services described in the bid document. The person
signing the bid warrants that the bid is genuine and not sham or collusive, or made in the interest of, or on
behalf of, any person, firm or corporation not named in the bid document; that CONTRACTOR has not directly
or indirectly induced or solicited any other CONTRACTOR to submit a sham bid, or any other person, firm or
corporation to refrain from bidding, and that CONTRACTOR has not, in any manner; sought by collusion to
secure any advantage over other CONTRACTORS.
In submitting this proposal, CONTRACTOR represents and warrants that:
A. CONTRACTOR has carefully examined the specifications and all provisions relating to the items to be
furnished, or the Service$ to be done, attached and incorporated into the proposal and understands the
meaning, intent and requirements of them, and agrees to the same.
B. CONTRACTOR has carefully examined the Services to be performed and fully understands the
conditions of the work site(s), including without limitations, access to/ from work sites, typography, and
available services.
C. CONTRACTOR will, for the prices quoted, enter into a written contract and furnish the item(s) or
complete the Services in the time specified, and in strict conformity with CITY specifications for the
item(s) or Services.
1. FORMS
The Purchasing Officer will furnish forms and specifications for all proposals and no bids will receive
consideration unless made upon forms so furnished. BIDS MUST BE SUBMITTED IN A SEALED ENVELOPE
WITH BID NUMBER ON THE OUTSIDE, COMPLETE WITH THE SPECIFICATIONS AS FURNISHED AND
DELIVERED TO CITY OF CARLSBAD PURCHASING DEPARTMENT OR DEPOSITED IN THE BID BOX AT
1635 FARADAY AVENUE, CARLSBAD CA 92008-7314, PRIOR TO THE TIME SET FOR OPENING.
2. PRICES
All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or
written with· ink next to them. Such modifications must be initialed in ink by the person signing the bid.
Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference between
the unit price correctly extended and the total price shown for all items bid shall be resolved in favor of the unit
price, except when CONTRACTOR clearly indicates that the total price for all items bid is based on
consideration of being awarded the entire lot, and that an adjustment of the total price is being made in
consideration of receiving the entire bid.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
3. GUARANTEE OF GOOD FAITH (As required on Proposal Form)
In cases requiring posting of a monetary amount, each proposal must be accompanied by an unconditional
certified check, or a bank or postal money order, or bid bond executed as surety by a corporation authorized to
issue surety bonds in the State of California. Cash, uncertified personal and company checks and certificates
of deposit are not acceptable as a guarantee of good faith. Such check, money order or bond shall be made
payable to City of Carlsbad and shall be in the amount specified on the Proposal Form ("None" -Pg. 3). If
CONTRACTOR fails to execute the CONTRACT within twenty (20) days from the date of CITY'S mailing of
notice that the CONTRACT is ready for signature, CITY will either award the CONTRACT to the next lowest
CONTRACTOR or will reject all other bids and call for new bids. CONTRACTOR who has failed to so execute
the CONTRACT shall be liable to CITY for the sum--not exceeding the amount of the check, money order or
bond, by which the amount of the CONTRACT covering the proposal, executed by and between CITY and a
third party, may exceed the amount bid by the original successful CONTRACTOR. Such portion of check,
money order or bond as equals the sum shall be declared forfeited to City of Carlsbad and shall be collected
and paid to CITY. CONTRACTOR may also be subject to debarment or suspension.
IMPORTANT: Failure to furnish a proper guarantee of good faith with the bid will automatically void the
CONTRACTOR'S bid.
4. ITEMS OFFERED
If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If
CONTRACTOR proposes to furnish an item of a different manufacturer or CONTRACTOR other than that
mentioned in the bid specifications, CONTRACTOR must specify maker, brand, quality, catalog number, or
other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that
designated in the bid specifications even though the bid may state "or equal".
5. SAMPLES
Samples, when required, shall be furnished prior to bid closing date and time, or within time specified in the
bid . CITY reserves the right to reject bids submitted without the required samples, Cir to require samples for
alternate bids or items offered as "equals". Samples of items, when required, must be furnished free of
expense to CITY. If they are not destroyed by tests, samples will, upon request, be returned at
CONTRACTOR'S expense.
6. ALTERNATIVE PROPOSALS
To be responsive to the bid, CONTRACTOR must submit a proposal that meets all specific bid requirements.
CONTRACTOR may propose "equals" as provided for in accordance with Section 8 of these General
Provisions. Once CONTRACTOR has proposed a product which is responsive to the specification,
CONTRACTOR may thereafter include with the bid any additional proposals or alternative products that are
not "equals" but that CONTRACTOR believes can or may meet or exceed CITY'S requirements, and which
offer CITY additional advantages or benefits based on the state of the art that were not, or could not, be
contemplated by CITY when the requirements were prepared. CITY reserves the right to evaluate and accept
or reject such alternatives, as though they were part of the original specifications, without advertising for further
bids, or to re-advertise based on such proposed state of the art alternatives when in the best interests of CITY.
Any awards so made will be based on cost analysis considerations that result in the optimum economic
advantage to CITY.
7. EXPIRATION OF BID
All bids shall be considered as firm for a period of ninety (90) days, commencing the day following the date of
bid closing and expiring at midnight of the last day, unless otherwise stated in the body of the solicitation.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
8. BRAND NAME
Whenever reference to a specific brand name is made in this Request for Proposal, it is illustrative and to be
construed as a specification which describes a component that has been tested or evaluated by CITY as best
meeting the specific operational, design, performance, maintenance, quality or reliability standards and
requirements of CITY, thereby incorporating these requirements by reference within the specification. An
equivalent or "equal" may be offered by, subject to testing and evaluation at the option of CITY or prior to and
after CONTRACTOR award of bid. CITY reserves the sole right to reject a substituted component that will not
fulfill requirements. It shall be the sole responsibility of CONTRACTOR to provide at CONTRACTOR'S
expense any product information, test data, and other information or documents CITY may require to fully
evaluate or demonstrate the acceptability of the offered substitute. Where appropriate, independent testing or
evaluation at qualified test facilities, at CONTRACTOR'S expense, may be required as a condition of
acceptance.
9. VERIFY BID PRICES
CONTRACTORS must verify their price quotations prior to bid submission, as withdrawal or correction may not
be permitted after the bid has been opened.
10. DELIVERY
A. CONTRACTOR shall state delivery terms on the Proposal Form unless already specified, in which case
delivery shall be made within the time set forth. Where time is stated in a number of days, it shall
include Saturdays, Sundays and holidays. Delivery is part of the consideration and must be adhered to
as specified.
B. CONTRACTOR will not be held liable for failure to make delivery because of strikes, conscription of
property, governmental regulations, acts of God, or any other cause beyond CONTRACTOR'S
reasonable control; provided a written extension of time is obtained from the City Manager.
C. All prices shall be F.O.8. destination. Bids other than F.O.8. destination shall be considered non-
responsive and will be rejected. Prices shall include all freight, delivery and set-up charges.
11 . FIRM PRICES AND PRICE ADJUSTMENT
Prices on bid proposal shall be firm prices not subject to escalation.· In the event the specifications provide for
escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in
market price(s) below the price(s) bid, the City of Carlsbad shall receive the benefit of such decline.
Manufacturer's general price increases to the trade or industry may be passed on to CITY. Prices bid must be
firm for the first ninety (90) days on an annual CONTRACT; with a thirty (30) day notification of any price
increases thereafter. If any price increase occurs, there will be a one (1) week, or one time, order protection
provided at the last effective price. All price increases or notices must be in writing from not only
CONTRACTOR, but manufacturer. CITY reserves the right NOT to accept the request.
12. TAXES
Each CONTRACTOR shall include all applicable sales taxes as a separate item in their bid. The amount of
local city sales tax included in any bid submitted by a local (Carlsbad) CONTRACTOR shall be credited by
CITY against said bid. CITY is exempt from Federal Excise Tax.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
13. MODIFICATION OR WITHDRAWAL OF BIDS
Bids may be modified or withdrawn by written notice received prior to the exact hour and date specified for
receipt of bid. A bid may also be withdrawn in person by a CONTRACTOR, or CONTRACTOR'S authorized
representative, prior to the exact hour and date set for receipt of bids.
14. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids, modifications of bids, or withdrawals received at the office designated in the solicitation, after the exact
hour and date specified for receipt, will not be considered. They will be rejected as a late bid and will be
returned to CONTRACTOR unopened.
15. NO BIDS
If no bid is to be submitted, the bid should be marked "NO BID" and reason stated on the Proposal Form,
which should be returned in order to maintain CONTRACTOR'S name in CITY'S Contractor file for further
solicitations. A letter or postcard may be submitted instead of a blank proposal form. If a CONTRACTOR fails
to respond to two Requests to Bids/Proposals without returning a "NO BID" response, the Purchasing Officer
reserves the right to delete CONTRACTOR from CONTRACTOR file for future solicitation.
16. CONFIDENTIAL INFORMATION
Information deemed confidential or proprietary should be clearly marked by CONTRACTOR. It will be
protected and treated with confidentiality only to the extent permitted by California state law considering public
information. Otherwise the information shall be considered a public record. Any data to be returned should be
so marked and will be returned if not essential to the bid or CONTRACT record.
17. SIGNATURE
Bid proposals must be signed, with the firm named as indicated. A bid by a corporation must be signed by a
duly authorized officer, employee or agent, with his or her title. Obligations assumed by such signature must
be fulfilled.
18. QUALITY
Unless otherwise required in the specifications, all goods furnished shall be NEW and UNUSED and the BEST
OF THEIR KIND.
19. LITIGATION WARRANTY
CONTRACTOR, by bidding, warrants that CONTRACTOR is not currently involved in litigation, arbitration, or
an administrative proceeding concerning the materials, or CONTRACTOR'S performance, concerning the
same or similar material to be supplied pursuant to this CONTRACT or specification, and that no judgments,
awards or administrative determinations have been made against CONTRACTOR, on the basis of
CONTRACTOR'S performance in supplying or installing the same or similar material, unless such fact is
disclosed to CITY in the bid. Disclosure will not disqualify CONTRACTOR. CITY reserves the right to evaluate
bids, on the basis of the facts surrounding such litigation, arbitration, or administrative proceeding and to
require CONTRACTOR to furnish CITY with a surety bond executed by a surety company authorized to do
business in the State of California and approved by CITY, in a sum equal to one hundred percent (100%) of
the CONTRACT price, conditional on the faithful performance by CONTRACTOR of the CONTRACT, in the
event the bid is awarded to CONTRACTOR, notwithstanding the litigation, arbitration, or administrative
proceeding.
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20. ROYALTIES, LICENSES AND PATENTS
Unless otherwise specified, CONTRACTOR shall pay all royalties, license and patent fees. CONTRACTOR
warrants that the materials to be supplied do not infringe any patent, trademark or copyright, and further
agrees to defend any and all suits, actions and claims for infringement that are brought against CITY, and to
defend, indemnify and hold harmless CITY from all loss or damages whether general, exemplary or punitive,
as a result of actual or claimed infringement asserted against CITY, CONTRACTOR, or those furnishing
material to CONTRACTOR pursuant to this CONTRACT.
21.PERFORMANCESTANDARDS
Performance of work, and acceptability of equipment or materials supplied, pursuant to any contract or award,
shall be to the satisfaction of CITY.
22. WARRANTIES
A. All material, labor or equipment provided under the CONTRACT shall be warranted by CONTRACTOR,
and/or manufacturer, for at least twelve (12) months after final acceptance by CITY, except automotive
equipment which will be warranted for a minimum 12,000 miles or 12 months, whichever occurs first.
Greater warranty protection will be accepted. Lesser warranty protection must be indicated by
CONTRACTOR on the bid proposal as an exception.
B. CONTRACTOR shall be considered primarily responsible to CITY for all warranty service, parts and
labor applicable to the goods or equipment provided by CONTRACTOR under this bid or award,
irrespective of whether CONTRACTOR is an agent, broker, fabricator or manufacturer's dealer.
CONTRACTOR shall be responsible for ensuring that warranty work is performed at a local agency or
facility convenient to CITY and that services, parts and labor are available and provided to meet CITY'S
schedules and deadlines. CITY may require CONTRACTOR to post a performance bond after
CONTRACT award to guarantee performance of these obligations. CONTRACTOR may establish a
service contract with a local agency satisfactory to CITY, to meet this obligation if CONTRACTOR does
not ordinarily provide warranty service.
23. ADDENDA
The effect of all addenda to the bid documents shall be considered in the bid, and said addenda shall be made
part of the bid documents and shall be returned with them. Before submitting a bid, each CONTRACTOR shall
ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda
issued, may render the bid invalid and result in its rejection.
24. SPECIFICATIONS TO PREVAIL
The detailed requirements of the specifications shall supersede any specific requirement of these General
Provisions which are in conflict therewith. CITY reserves the right of being sole judge of bid meeting
specifications. Requests for interpretation of bid specifications shall be made in writing to the Purchasing
Officer at least five days prior to the date of the bid opening.
25. FAITHFUL PERFORMANCE BOND
The successful CONTRACTOR will not be required to furnish CITY with security for the faithful performance of
the CONTRACT.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
26. AWARD OF CONTRACT
A. Bids will be analyzed and the award will be based on the best value to CITY. The decision will be
based on objective and other predetermined criteria as set forth in the Request for Proposal. Factors to
be considered include, but are not limited to: cost, conformance to the solicitation, supplier's
qualifications, past performance, customer service and warranties.
B. CITY reserves the right to perform a pre-award survey of CONTRACTOR to determine capability to
perform, including but not limited to, facilities, financial responsibility, materials/supplies, and past
performance. The determination of CITY as to CONTRACTOR'S prospective ability to perform the
CONTRACT shall be conclusive.
C. CITY reserves the right to reject any item or items therein; to waive informalities, technical defects and
minor irregularities in bids received; and to select the bid(s) deemed most advantageous to CITY. CITY
will however consider bids submitted on an "all or nothing" basis if the bid is clearly designated as such.
D. CITY reserves the right to award one or more CONTRACTS on the bids submitted, whether by award
of all items to one CONTRACTOR, or by award of separate items or groups of items to various
CONTRACTORS, as the interests of CITY may require, unless CONTRACTOR clearly specifies
otherwise in his bid.
E. Upon acceptance by CITY, the solicitation, bid, proposal, or price quotation, and a purchase order
issued to the successful CONTRACTOR within the time specified, shall be deemed to result in a
binding CONTRACT without further action required by either party. Items are to be furnished as
described in the bid and in strict conformity with all instructions, conditions, specifications and drawings
contained in the complete CONTRACT.
27. DOCUMENTATION
Due to the time constraints that affect CONTRACT performance, all required documents, certificates of
insurance and bonds or deposits shall be provided to CITY (Attention: Purchasing Department) within ten (10)
days following award, or date of request, by CITY, whichever is later. Any failure to comply may result in bid
being declared non-responsive and rejected, and/or at CITY'S option the bid bond will be attached for
damages suffered.
28. PURCHASE ORDERS
All goods and services will be ordered by means of a Purchase Order. (THE CITY WILL NOT BE
RESPONSIBLE FOR ARTICLES OR SERVICES FURNISHED WITHOUT A PURCHASE ORDER.)
29. SELLER'S INVOICE
Invoices shall be prepared and submitted in duplicate to: Accounts Payable, City of Carlsbad, 1635 Faraday
Avenue, Carlsbad, CA 92008-7314. Separate invoices are required for each Purchase Order. Invoices shall
contain the following information: Purchase Order number, item number, description of supplies or services,
sizes, units of measure, quantities, unit prices and extended totals.
30. INSPECTION AND ACCEPTANCE
Inspection and final acceptance will be at destination unless specified otherwise, and will be made by CITY
department shown in the "Ship To:" address or other duly authorized representative of CITY. Until delivery and
. final acceptance, and after any rejection, risk of loss will be on CONTRACTOR, unless loss results from the
sole negligence of CITY.
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Port ab I e Rest room Re nta I and Service R EQ u EST ·Fo R BI o s #Z0-o s (Re-Bid)
31. LOST AND DAMAGED SHIPMENTS
Risk of loss or damage to items prior to the time of their receipt and final acceptance by CITY is upon
CONTRACTOR. CITY has no obligation to accept damaged shipments and reserves the right to return, at
CONTRACTOR'S expense, damaged merchandise even if the damage was not apparent or discovered until
after receipt of the items.
32. LATE SHIPMENTS
CONTRACTOR is responsible to notify CITY department receiving the items and the Purchasing Officer, of
any late or delayed shipments. CITY reserves the right to cancel all or any part of an order if the shipment is
not made as promised .
. 33. COMPLIANCE WITH INDUSTRIAL SAFETY CODES
All equipment, instruction manuals, spare parts and other items furnished shall, where applicable, conform with
the Safety Orders of the California Division of Industrial Safety. Material Safety Data Sheets (MSDS) shall be
supplied, for each applicable item, with the initial order. All containers shall be labeled per OSHA
specifications.
34. WAIVER ·
The failure of CITY to enforce a particular condition or provision of any CONTRACT awarded hereunder shall
not constitute a waiver of that provision or condition or its enforceability by CITY.
35. CONSEQUENCES OF VIOLATIONS OF LAW REGARDING ANTI-COMPETITIVE BUSINESS
PRACTICES OR UNFAIR TRADE PRACTICES
Any acts or omissions of CONTRACTOR in violation of federal , state or municipal law, or CITY policies and
regulations regarding anti-competitive practices, unfair trade practices, collusion, contingent fees, gratuities,
kickbacks, contemporaneous employment or similar violations creating an unfair influence on the public
bidding and award process, pertaining to this CONTRACT or proposal, may void this CONTRACT. In addition
to all other remedies or damages allowed by law, CONTRACTOR shall be liable to CITY for all damages CITY
thereby suffers or incurs, including costs for substitute performance, and may also be subject to debarment.
36. CONFLICT OF INTEREST
No employee, or member of the employee's immediate family, or elected or appointed member of CITY
government, may participate directly or indirectly in the procurement process pertaining to this bid, if they:
A. Have a financial interest, or other personal interest, which is incompatible with the proper discharge of
their official duties in the public interest, or would tend to impair their independence, judgment or action
in the performance of their official duties.
B. Are negotiating for, or have an arrangement concerning, prospective employment with CONTRACTOR.
CONTRACTOR warrants to the best of his knowledge that the submission of the bid will not create such
conflict of interest. In the event such a conflict occurs, CONTRACTOR is to report it immediately to the
Purchasing Officer. For breach or violation of this warranty, CITY shall have the right to annul this
CONTRACT, at its discretion, without liability. CONTRACTOR may also be subject to damages and/or
debarment or suspension.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
37. CITY PROVISIONS TO PREVAIL
Except as specified in the specifications, CITY'S standard General Provisions shall govern any CONTRACT
award. Any standard terms and condit_ions of CONTRACTOR, submitted by CONTRACTOR, shall not be
acceptable to CITY unless expressly assented to by CITY by separate documents. CITY reserves the right to
reject CONTRACTOR'S bid as non-responsive, to consider the bid without CONTRACTOR'S standard terms
and conditions, or to require CONTRACTOR to delete reference to such, as a condition of evaluation or award
of the bid. If, after award of CONTRACT, CONTRACTOR (CONTRACT CONTRACTOR) shall provide
materials, or services, accompanied by new or additional standard terms or conditions, they too shall be
considered void, and CITY may require deletion thereof as a further condition of performance by
CONTRACTOR. To the extent not otherwise provided for by the CONTRACT documents, the California
Commercial Code shall apply.
38. AMENDMENTS AND MODIFICATIONS
The Purchasing Officer may at any time, by a written order, and without notice to the sureties, make a
modification to the CONTRACT or an amendment to the Purchase Order, within the general scope of this
CONTRACT, in (1) drawings, designs, or specifications, where the supplies to be furnished are to be specially
manufactured for CITY in accordance therewith; (2) method of shipment or packing; and (3) place of delivery.
39. DISPUTES
Except as otherwise provided in this CONTRACT, any dispute concerning a question of fact arising under this
CONTRACT, which is not disposed of by agreement, shall be decided by the Purchasing Officer, who shall
reduce this decision to writing or mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of
the Purchasing Officer shall be final and conclusive unless, within 30 days from the date of receipt of such
copy, CONTRACTOR mails or otherwise furnishes to the Purchasing Officer a written appeal addressed to the
City Manager. The decision of the City Manager, or his duly authorized representative for the determination of
such appeals, shall be final and conclusive. In connection with any appeal proceeding under this clause,
CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of
CONTRACTOR'S appeal. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed
diligently with the performance of the CONTRACT, and in accordance with the Purchasing Officer's decision.
40. TERMINATION FOR DEFAULT
A. CITY may by written notice of default to CONTRACTOR (subject to the provisions of paragraph C
below) terminate the whole or any part of this CONTRACT, in any one of the two following
circumstances:
1. If CONTRACTOR fails to make delivery of the supplies or to perform the Services, within the time
specified herein, or any extension thereof; or
2. If CONTRACTOR fails to perform any of the other provisions of this CONTRACT, or so fails to _
make progress to endanger performance of this CONTRACT in accordance with its terms, and in
either of these two circumstances does not cure such failure within a period of ten (10) days after
_ receipt of notice from the Purchasing Officer specifying such failure.
B. In the event CITY terminates this CONTRACT, in whole or in part, as provided in paragraph A of this
section, CITY may procure, upon such terms and in such manner as the Purchasing Officer may deem
appropriate, supplies or services similar to those so terminated, and CONTRACTOR shall be liable to
CITY for any excess costs for such similar supplies or services; provided, that CONTRACTOR shall
continue the performance of this CONTRACT to the extent not terminated under the provisions of this
clause.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
C. CONTRACTOR shall not be liable for any excess costs, if the failure to perform the CONTRACT arises
out of causes beyond the control and without the fault or negligence of CONTRACTOR. Such causes
may include, but are not restricted to, acts of God or of the public enemy, acts of CITY in either its
sovereign or contractual capacity, fires, floods, epidemics, quarantine restriction, strikes, freight
embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the
control andwithout the fault or negligence of CONTRACTOR.
D. If, after notice of termination of this CONTRACT under the provisions of this clause, it is determined for
any reason that CONTRACTOR was not in default under the provisions of this clause, or that the
default was excusable under the provisions of this clause, the rights and obligations of CONTRACTOR
shall be the same as if notice of termination for convenience had been issued pursuant to such clause.
41. TERMINATION FOR CONVENIENCE
The Purchasing Officer, by written notice, may terminate this CONTRACT, in whole or in part, when it is in the
best interest of CITY. If this CONTRACT is for supplies and is so terminated, CONTRACTOR shall be
compensated in accordance with his auditable costs to point of Notification of Termination. To the extent that
this CONTRACT is for services and is so terminated, CITY shall be liable only for payment in accordance with
the payment provisions of this CONTRACT, for the actual services rendered to the effective date of
termination.
42. LABOR PRACTICES
CONTRACTOR shall comply with all Federal and State Laws, and City Ordinances where applicable, relating
to fair labor practices and discrimination in the employment of persons.
43. INSURANCE
Unless otherwise provided, CONTRACTOR shall cause CITY to be named as an additional insured on liability
and/or products liability insurance concerning CONTRACTOR'S performance, products, or equipment in
amounts, scope and duration as may be required by the Purchasing Officer. CONTRACTOR shall provide
evidence of Workers' Compensation Insurance covering all employees.
44. LIABILITY AND INDEMNIFICATION
CONTRACTOR agrees to defend, indemnify, protect and hold CITY, and its agents, officers and employees,
harmless from and against any and all claims asserted, or liability established for damages or injuries to any
person or property, including injury to CONTRACTOR'S employees, agents or officers which arise from or are
connected With, or are caused or claimed to be caused by the acts or omissions of CONTRACTOR, and its
agents, officers or employees, in performing the work or services or supplying the materials or equipment
herein, and all expenses of investigating and defending against same; provided, however, that
CONTRACTOR'S duty to indemnify and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of CITY, its agents, officers or employees. This shall not
prejudice the right of CITY to appear in such suit, participate in the defense, and take such actions as may be
necessary to protect the interests of CITY.
45. EQUAL OPPORTUNITY POLICY
CITY will not discriminate with regard to race, religious creed, color, national origin, ancestry, disability, marital
status, veteran's status, sex, or sexual orientation or age in the award of CONTRACTS.
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46. ANNUAL APPROPRIATION OF FUNDS
Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the
City Council. Payments made under term contracts and leases are considered items of current expense.
Purchase Orders are funded when issued, therefore are current expense items and are not subject to any
subsequent appropriation of funds. '
In the event sufficient funds are not appropriated for the payment of lease payments, or c;inticipated term
contract payments, required to be paid in the next occurring lease or contract term, and if no funds are legally
available from other sources, the lease or CONTRACT may be terminated at the end of the original term or
renewal term and CITY shall not be obligated to make further payments beyond the then current original or
renewal term. CITY will provide notice of its inability to continue the lease or CONTRACT at such time as the
Purchasing Officer is aware of the non-appropriation of funds. However, failure to notify does not renew the
term of the lease or CONTRACT. If a lease is canceled, the events of default will occur as described in the
lease and/or Item 40 of these General Provisions. CITY has no monetary obligation in event of termination or
reduction of a term CONTRACT, since such CONTRACTS represent estimated quantities and are not funded
as a CONTRACT except to the extent of the Purchase Orders already issued.
47. TEN PERCENT (10%) RETENTION
CITY reserves the right to withhold a ten percent (10%) retention on all Purchase Orders until the supplies,
services or equipment have been accepted.
48. QUANTITIES
Estimated quantities are given as a basis for comparison of bids. CITY does not, expressly or by implications,
agree that the actual quantities will be purchased.
49. CONT ACT PROHIBITION CLAUSE
During the entire course of this procurement, all CONTRACTOR contact with the City of Carlsbad should be
exclusively with Tim Selke, CITY'S Parks Superintendent/Contract Administrator, in writing via email at
tim.selke@carlsbadca.gov. CONTRACTORS are prohibited from speaking to any other CITY employees or
elected officials. CONTRACTORS will have the opportunity to email questions to the Contract Administrator.
If a CONTRACTOR attempts to initiate contact with an employee or consultant other than the Contract
Administrator that may constitute grounds for disqualification from this procurement.
50. SCOPE CHANGES, ADDITIONS AND DELETIONS
All changes in proposal documents shall be through written addendum. Verbal information obtained
otherwise will NOT be considered in the award process.
51. PROPRIETARY INFORMATION
Any restrictions on the use of data contained within a proposal must be clearly stated in the proposal itself.
Proprietary information submitted in response to this RFB will be handled in accordance with applicable CITY
Procurement Regulations and the California Public Records Act. If you have proprietary information,
products or services, please identify them in your proposal.
52. RESPONSE MATERIALS OWNERSHIP
All materials submitted regarding this RFB become the property of CITY. Responses may be reviewed by
any person after final selection has been made. CITY has the right to use any or all system ideas presented
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
in reply to this request, subject to the limitations outlined in proprietary information above. Disqualification of
a proposer does not eliminate this right.
53. INCURRING COSTS
CITY is not liable for any cost incurred by proposers prior to issuance of a contract or purchase order.
54. COSTS
All costs, including travel and expenses, incurred in the preparation of this proposal shall be borne solely by
the proposing CONTRACTOR.
55. SITE VISITS
As part of the evaluation process, CITY may request visits to current or previous customers with similar
applications. Customer sites must be within United States, preferably in Southern California.
56. CONTRACT AWARD
The award of the CONTRACT to the successful CONTRACTOR will be in accordance with, but not limited to,
the results of CITY'S evaluation. Final approval of selected CONTRACTOR and award of purchase lies with
City of Carlsbad City Manager and/or City Council.
57. LIST OF SUBMITTAL$
The following items must be submitted with your bid. Omissions may be cause to consider your bid non-
responsive in CITY'S sole discretion.
• Contractor's Good Faith Guarantee
• Contractor's Transmittal Letter
• Contractor's Information
• Contractor's Financial Statements
• Contractor's Client References
• Contractor's Supporting Documentation
• Contractor's Proposed Cost of Services Charts
• Contractor's Statement of Ability to Provide Services (Incl. Descript. of Min. Qualifications)
• Contractor's Statement of Technical Ability and Experience (Incl. Descript. Of Work Force)
• Contractor's Equipment
• Contractor's Listing of Subcontractors
• Contractor's Extra Work Guarantee
• Contractor's Statement of Unspecified Value-Added Offerings
• Contractor's Statement of Compliance with Insurance Requirements
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Portable Restroom Rental and Service REQUEST FOR BIDS #20·05 (Re-Bid)
Section 5 -Proposal Requirements
MINIMUM CONTRACTOR QUALIFICATIONS
1. CONTRACTOR is required to have a combination of factors that demonstrates the contractor's ability to
perform the services as defined in the RFB. CONTRACTOR must have experience providing portable
restroom rental and maintenance services of a size and scope similar to the RFB's services being bid upon.
CONTRACTOR must have California municipal contract experience which is currently being, or has recently
been, successfully performed. Descriptions of these maintenance contracts and contact persons must be
provided with bid submission.
2. CONTRACTOR, in addition to any other specified and valid State of California Contractor license, is
required to have a valid State of California C-27 CONTRACTOR'S License. All Contractor licenses must be
in good standing without any official unresolved record of complaints registered or filed with the Board or
California Department of Consumer Affairs.
3. CONTRACTOR shall possess the most recent California Highway Patrol Commercial Vehicle Inspection
(BIT) report for equipment to be used throughout the term of this project. Both of these provisions shall be
provided with the submission of bids.
EVALUATION OF PROPOSAL
1. CONTRACTOR shall not be relieved from assuming all responsibility for properly estimating the
difficulties and the cost of performing the services required with this specification, because of failure to
investigate the conditions or CONTRACTOR'S failure to become acquainted with all the information
concerning the services to be performed.
2. In accordance with the Carlsbad Municipal Code, awards shall be based on a best value evaluation.
Criteria used for the evaluation will include: cost, ability to provide service, previous performance and
references, quality of service, responsiveness to specifications, and unspecified value-added offerings by
CONTRACTOR. The awarding authority's determination and selection shall be final.
3. Each CONTRACTOR, by the submission of a bid, assents to each and every term and condition set forth
within this specification and attached CONTRACT and, upon award, agrees to be bound thereby.
4. Any bid which is incomplete, conditional or obscure, or which contains irregularities of any kind, may be
cause for rejection in CITY'S sole discretion.
5. It is CONTRACTOR'S responsibility to ensure that all addenda issued are incorporated in their submitted
bid. Failure to acknowledge and incorporate addenda may be cause for a CITY determination of
CONTRACTOR'S "non-responsiveness."
6. If a CONTRACTOR takes any exceptions to any part of these specifications as written, or as amended
by any Addenda subsequently issued, they must do so in writing at the time of bid submission. Failure to do
so will be construed as acceptance of all provisions of the specifications.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-0S (Re-Bid)
Proposals must include all the subsections listed below and must be indexed and numbered in the order
outlined below. List your responses and/or any reference to attachments as indexed and numbered below.
To assist in the evaluation of the responses, please utilize the section titles listed below. Additional relevant
information may be inserted into the Supporting Documentation sub section.
Sub--
Section Name Description
1. !Transmittal Letter Provide a brief summary of contractor's response, signed by an
employee who can contractually bind contractor. This should not
. exceed two pages.
2. Contractor Brief company overview using the format in 2.0.
3. Financial Provide a copy of the two most recent annual audited financial
Statements statements, including separate statements for proposed
partners/subcontractors. These may be sealed in an envelope
and marked "Confidential".
4. Client References Provide detail on contractor's references, including a separate
listing for each partner/subcontractor included in the response.
Each reference should not exceed one page.
5. Supporting Please include any relevant supporting documentation up to a
Documentation maximum of ten (10) pages.
1.0 Transmittal Letter
An overall introduction to the proposal is required, including a statement of CONTRACTOR'S understanding
of the needs of CITY in an executive summary format. The letter must be signed by an individual authorized
to bind CONTRACTOR, and shall contain a statement that the proposals are binding for a period of
ninety (90) days to award of the agreement. It should include the name, title, address, and telephone
number of individuals with authority to negotiate and contractually bind the company. The letter may also
briefly set forth any particular information CONTRACTOR wishes to bring to CITY'S attention, and if any
information contained in the response should be considered proprietary.
2.0 CONTRACTOR Information
Complete the CONTRACTOR information section for each different CONTRACTOR in this proposal
(including all subcontractors).
Item Response
CONTRACTOR Name
Proposed Role (i.e., Prime,
Subcontractor)
Legal Status of Business (partnership,
Corporation, etc.)
Is your firm in negotiations that could
impact its current status (e.g., is planning
to be sold)
Local Address (if applicable)
Corporate Headquarters Address
Website Address
Number of Employees
Number of Locations
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PO rta b I e Restroom' Re nta I and Service REQUEST FOR BIDS #20-05 {Re-Bid)
Length of Time in Business
Length of time serving
municipal/government organizations
Number of years providing Park
Maintenance Services
Number of similar projects currently being
performed by CONTRACTOR
Contact Representative
Name Title Telephone and
Email
CONTRACTOR should also include details of any pending litigation or liquidating damages that have
occurred within the past five years for any firms on the project team. In addition, please describe if your firm
is involved in any legal or company acquisition proceedings that may affect your ability to continue under the
current firm name for the duration of the project.
3.0 Financial Statements
For each firm involved on the team, please provide financial statements or annual report for the last two fiscal
years in a separate sealed envelope marked "confidential". If an annual report is not available, such other
information shall be provided to show financial stability of CONTRACTOR. Information in a form other than
an annual report shall be signed "under penalty of perjury under the laws of the State of California". If a firm
is privately held, please provide at a minimum the following information for the previous two fiscal years.
Please indicate if the data is audited by an external CPA firm.
Annual revenues
Number of new contracts started within the previous 24 months
Number of employees
The financial data presented should demonstrate that CONTRACTOR is not at substantial risk of failing to
deliver what they intend to deliver over the short, mid, and/or long-term due to their financial situation.
4.0 Client References
CONTRACTOR is required to state what work of a similar character to that included in the proposed
CONTRACT CONTRACTOR has successfully performed and give references, with telephone numbers,
which will enable CITY to judge his/her responsibility, experience and skill and business standing.
CONTRACTOR is required to provide a minimum of three (3) references where work was performed within
the past three (3) years of a similar size and nature to this CONTRACT. Only include those references that
most closely represent the type of services being proposed herein. References that are similar in size,
scope, and complexity to Carlsbad are preferred. The reference sites need to offer City of Carlsbad an
opportunity to visit their location for reference validation purposes should CONTRACTOR get elevated in the
proposal process. An attachment may be used.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re -Bid)
Date Name and Add ress Contact Persons Type of Amount
Contract Name and Telephone of
Completed of the Employer Number Work Performed Contract
5.0 Supporting Documentation
If there is additional information that CONTRACTOR would like to provide that was not requested in another
section of this RFB, please include it in a separate section of your proposal titled, "Supporting
Documentation". This content is limited to ten pages. Any content exceeding ten pages will be ignored.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-0S (Re-Bid)
Section 6 -Submittal Process, Schedule, Revisions/Exceptions to
RFB, Proposal Compliance & Partnering
1.0 SUBMITTAL PROCESS:
To qualify for consideration, five (5) copies of your proposal, in hard copy, with original ink signatures, must be
received by November 20, 2019 at 2:00 p.m., addressed to:
RE: Portable Restroom Rental and Service
RFB #20-05 (Re-Bid)
Attn: Purchasing Department
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Proposals may be submitted by mail or delivered directly to the above address and placed in the bid box
located in the lobby prior to the date and time specified above. Submittals via e-mail or fax will not be
accepted.
Incomplete submissions will be rejected as non-responsive.
2.0 SCHEDULE:
Following is a schedule of activities relevant to the RFB and project process. With the exception of the
Optional Pre-Bid meeting and RFB due dates, these dates are estimates. CITY reserves the right to
change these dates and will notify CONTRACTORS if this occurs.
Please note the following critical projected dates when preparing your response to this RFB:
Activity/Date: .
• Release of RFB: October 21, 2019
• Optional Pre-Bid Meeting: November 7, 2019, 9:00 a.m. 1166 Carlsbad Village Dr. Conference
Room
• Questions Due: November 11, 2019, 2:00 p.m.
• Questions Answered: November 14, 2:00 p.m.
• Proposals Due: November 20, 2:00 p.m.
• City Council Award of Agreement: January 14, 2020 6:00 p.m.
• Purchase Order Issuance & Transition Coordination: January 15, 2020 -January 25, 2020
• Services Start Date: February. 1, 2020
• Services Completion Date: January 31, 2022 (Initial Term)
3.0 REVISIONS TO THE RFB:
CITY reserves the right to revise the RFB prior to the date that proposals are due. CITY reserves the right to
extend the date by which the proposals are due. This RFB does not commit CITY to award a CONTRACT,
to defray any costs incurred in the preparation of a proposal pursuant to this RFB, or to procure or
CONTRACT for work. All proposals submitted in response to this RFB become the property of CITY and
_public records, and as such, may _be subject to publi~ ~~vi~~:
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
CITY reserves the right to cancel, in part or in its entirety, this RFB. If CITY cancels or revises this RFB, all
proposers will be notified via PlanetBids. In addition, CITY reserves the right to request additional
information and/or clarifications from any or all CONTRACTORS to this RFB.
If it becomes evident that this RFB must be amended, CITY will issue a formal written addendum. It is
CONTRACTORS responsibility to ensure they have all addendums.
4.0 EXCEPTIONS TO THE RFB:
All requested information in this RFB must be supplied. CONTRACTORS may take exception to certain
requirements in this RFB. All exceptions shall be clearly identified in this section and a written explanation
shall include the scope of the exception, the ramifications of the exception for CITY, and the description of
the advantages or disadvantages to CITY as a result of the exception. CITY, at its sole discretion, may reject
any exceptions or specifications within the proposal.
CONTRACTOR is warned that proposing an exception to certain requirements in the RFB may result in
CONTRACTOR'S Bid being deemed non-responsive.
5.0 PROPOSAL COMPLIANCE:
Failure to comply with the requirements of this RFB may result in disqualification. Proposals received
subsequent to the time and date specified above will not be considered. Please note the following are part of
the submittal process:
Signature on the proposal by the proposer constitutes acceptance by the proposer of terms, conditions, and
requirements set forth herein. ·
Proposals not conforming to the instructions provided herein will be subject to disqualification at the sole
option of CITY.
CITY reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of
whether that proposal is selected.
By submitting a proposal the proposer is providing a guarantee to CITY that, if chosen, it will be able to provide
the proposed products and services during the period of time discussed in the RFB.
Proposals must be received prior to the date and time specified in RFB. CONTRACTORS mailing proposals
shall allow for normal mail time to ensure receipt of proposals. Proposals or unsolicited amendments to
proposals received by CITY after the acceptance date will not be considered.
6.0 PARTNERING:
A CONTRACTOR that is acting as prime CONTRACTOR may only submit one response as a prime. If a
firm is listed as a prime, they will not be allowed to partner with another firm as a subcontractor.
A firm may be listed as a subcontractor on more than one response.
The response must clearly _indicate the narrie of the prime CONTRACTOR and all proposed subcontractors.
CITY reserves the right to reject the successful firm's selection of subcontractors.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 {Re-Bid)
CONTRACTOR'S STATEMENT OF ABILITY TO PROVIDE SERVICES
CONTRACTOR is required to make a statement of how services will be provided. Include: Time period
between award and start of service, number of personnel to be used providing services, experience of
personnel, numbers and type of equipment to be used, how quickly urgent but unplanned services can be
provided, and any other information you can offer that will help determine your ability to provide contracted
services. CONTRACTOR is required to submit data that indicates the use of a uniform and detailed method
by which he or she proposes to define, schedule, record , update and process installation, and maintenance
tasks and service reports. This program shall be computer generated.
The City of Carlsbad reserves the right to evaluate the competency and responsibility of all proposing service
companies and to evaluate the ability of any proposing company to perform all conditions of the contract to
assure the award of this contract to a firm able to produce the quality of service required and intended by
these specifications.
CONTRACTOR'S employees may be required to pass a background check and/or random background
checks. The City of Carlsbad will determine the frequency of background checks and will notify
CONTRACTOR in writing of the acceptability of CONTRACTOR'S employees. CONTRACTOR agrees the
City of Carlsbad will be the sole judge of the suitability of CONTRACTOR'S employees to perform any work
on City of Carlsbad owned or maintained property.
(ATTACH CONTRACTOR'S STATEMENT OF ABILITY TO PROVIDE SERVICES HERE)
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LISTING OF SUBCONTRACTORS
CONTRACTOR is required to furnish the following information relative to the subcontractors proposed to be
used.
If all work is to be done without subcontractors, write "NONE" in the following space: ____ _
Name Under
Which Sub-License Number Address and · Type and Portion of Work
Contractor is and Class . Telephone Subcontractor Will Perform
Licensed
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CONTRACTOR'S STATEMENT OF COMPLIANCE WITH CITY OF CARLSBAD'S
INSURANCE REQUIREMENTS
(Please see Sample Contract, Section 12)
CONTRACTOR must attach either of the following items to this page, and submit with his/her bid:
1) Certificates of insurance, showing conformance with CITY's contract insurance requirements herein, for:
• Comprehensive General Liability Insurance
• Automobile Liability Insurance
• Workers' Compensation Insurance
• Employer's Liability Insurance
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment
of fees and/or premiums by CONTRACTOR, will issue to CONTRACTOR 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 CITY 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:
3) Meet the conditions stated in the included contract for each insurance company that CONTRACTOR
proposes.
4) 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.
Within twenty (20) calendar days after City's notification of award of contract to CONTRACTOR
all required insurance documents must be submitted to CITY's Purchasing Officer.
CONTRACTOR'S failure to provide CITY-required insurance certificates showing specified
coverage within this time frame may be cause for the contract award to be rescinded in CITY's
sole discretion.
CONTRACTOR'S Acknowledgement (signature)
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Appendix "A" -SAMPLE AGREEMENT. DO NOT COMPLETE AT THIS TIME.
AGREEMENT FOR CONTRACT SERVICES
(NAME OF CONTRACTOR)
This Agreement, is effective on the date signed by an authorized representative of the City of Carlsbad
("Effective Date") and is made by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and
______________ , a _______ , ("Contractor").
RECITALS
A. City desires to obtain the services of a private Contractor to perform
___________________________ ;and
B. Contractor has represented that Contractor possesses the necessary qualifications and
experience to provide the services required by this Agreement; and
C. Contractor has submitted a proposal to City and has affirmed its wi llingness and ability to perform
such work.
D. City has authorized the preparation of an agreement to retain the services of Contractor as
hereinafter set forth; and
E. This Agreement shall not be binding, nor shall it be relied upon by Contractor until it is fully and
dully executed by City.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City
and Contractor agree as follows: ·
1. SCOPE OF SERVICES
City retains Contractor to perform, and Contractor agrees to render, those services that are defined in attached
Exhibit "A" -Services, which is attached hereto and incorporated herein.
2. TERM
The term of this Agreement will be for a period of two years from the Effective Date. The City Manager may
amend the Agreement to extend it for two additional two-year periods or parts thereof in an amount not to exceed
__________________ dollars($ ___ __, per Agreement year. Extensions will be
based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City
Council. The parties will prepare a written amendment indicating the effective date and length of the extended
Agreement. The parties will prepare a written amendment indicating the effective date and length of the extended
Agreement. Either the City or the Contractor may decline the renewal of the contract for any reason whatsoever,
which shall render the renewal option null and void.
3. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
4. COMPENSATION
The total not-to-exceed fee payable for the Services to be performed during the initial Agreement term will be
_____ dollars ($ ___ __,. No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. Fees for subsequent amendments shall not exceed the
amount, per Agreement year, set forth in Exhibit "B'' -Compensation, which is attached hereto and incorporated
herein.
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The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which
Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents,
employees or subcontractors. City will not be required to pay any workers' compensation insurance or ·
unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to
indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the
City's election, City may deduct the indemnification amount from any balance owing to Contractor.
The City reserves the right to withhold a ten percent (10%) retention until City has accepted the Services
specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in Appendix A, Section 3, Category A, Part I,
Subsection 7.0 of this Agreement.
If an increase in compensation for service in succeeding option terms is requested, the Contractor must provide
detailed supporting documentation to justify the requested rate increase. The requested increase will be
evaluated by the City, and the City reserves the right to negotiate, accept, reject, or move to terminate the
Agreement based on the Contractor's requested compensation increase. This Agreement's annual
compensation terms may but is not required to be adjusted by a mutually agreeable amount based on and no
greater than the San Diego Consumer Price Index changes over the previous two year period. Requests for
price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current
agreement period and is subject to negotiation or rejection by the City.
5. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of
Contractor's independent calling, and not as an employee of City. City shall have the right to control Contractor
only insofar as to the results of Contractor's Services rendered pursuant to this Agreement; however, City shall
not have the right to control the means by which Contractor accomplishes such Services. The persons used by
Contractor to provide Services under this Agreement will not be considered employees of City for any purposes.
Except as City may express in writing, Contractor shall have no authority, expressed or implied, to act on behalf
of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied,
pursuant to this Agreement to bind the City to any obligation whatsoever.
6. PREVAILING WAGES TO BE PAID
Contractor is to pay prevailing rates of wages. The general prevailing wage rate of wages for each craft or type
of worker needed to execute the Agreement shall be those as determined by the Director of Industrial Relations
pursuant to Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code,
a current copy of the applicable wage rates is on file in the Office of the City Engineer. The Contractor 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 Agreement.
7. SUBCONTRACTING
Contractor shall not subcontract any portion of the Services unless Contractor expressly identified the name of
the subcontractor and the exact services to be performed by subcontractor in its response to ·city's request for
proposal. If these prerequisites have been fully complied with then Contractor shall obtain City's written approval
authorizing the subcontracting of that portion of the Services.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and
omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing
contained in this Agreement will create any contractual relationship between any subcontractor of Contractor
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and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor
and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless
specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other contractors in connection with any of the services that are the subject
matter of this Agreement or the City's request for proposal.
9. INDEMNIFICATION
Contractor agrees to defend, indemnify, protect and hold City, its agents, officers _and employees, harmless from
and against all claims asserted, or liability established for damages or injuries to any person or property including
to Contractor's employees, agents, officers, or any subcontractor(s) or judgments arising directly or indirectly out
_ of obligations, work or services herein undertaken, which arise from, are connected with, are caused or claimed
to be caused by the acts or omissions of the Contractor, its agents, officers, employees, and any
subcontractor(s). The Contractor's duty to defend, indemnify, protect and hold harmless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or
employees. Contractor further agrees that the duty to defend includes attorneys' fees and all costs associated
with enforcement of this indemnification provision, defense of any claims arising from this Agreement; and, where
a conflict of interest exists, or may exist between Contractor and the City, the reasonable value of attorneys' fees
and all costs if the City chooses, at its own election, to conduct its own defense or participate in its own defense
of any claim related to this Agreement.
The parties expressly agree that any payment, attorneys' fee, costs or expense City incurs or makes to or on
behalf of an injured employee under the City's self-administered workers' compensation is included as a loss,
expense or cost for the purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. BEST MANAGEMENT PRACTICES
For purposes of this Agreement, Best Management Practice (BMP) means: (1) A measure that is implemented
to protect water quality and reduce the potential for pollution associated with water runoff entering the City's
storm drains system, and (2) Any program, technology, process, siting criteria, operating method, measure, or
device that controls, prevents, removes, or reduces such pollution.
Unless specifically noted otherwise, it is the responsibility of the Contractor to select, install and maintain
appropriate BMPs while performing the Services in accordance with the terms and conditions of this Agreement.
It is the Contractor's responsibility to ensure that the BMPs are operational and working properly. Furthermore,
the Contractor shall be held responsible for any citation and/or fine due to discharges or malfunctioning of the
BMPs. BMPs shall be installed in accordance with all industry recommended and recognized standards. If
Contractor proposes to use a BMP that is not in accordance with reccimmended and recognized industry
standard, Contractor shall obtain written approvals from the City prior to installation or use of non-industry
standard.
· It shall be Contractor's responsibility to know and use the appropriate BMPs at any given location where Services
are performed pursuant to the terms of this Agreement.
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11. REFUSE DISPOSAL AND DUST ABATEMENT
As a condition of payment, the Contractor shall submit a signed and notarized affidavit stating that all refuse
(e.g., trimmings, brush, trash, debris, waste materials, etc.) resulting from the Services performed have been
disposed of in a legal manner, in accordance with local codes and ordinances governing locations and methods
of disposal, and in conformance with all applicable safety laws and this Agreement. Disposal of refuse generated
as a result of this Agreement at landfills may be subject to a fee. Contractor shall not be entitled to extra
compensation for the cost of disposing of this refuse as such cost is included in Contractor's bid.
Contractor shall furnish all labor, equipment, and means required and shall carry out effective measures
whenever and as often as necessary to prevent its operation from producing dust in amounts damaging to
property, cultivated vegetation, domestic animals, or causing a nuisance to persons living or occupying buildings
in the vicinity of where the Services are being performed. Contractor shall be responsible for any damage
resuiting from any dust originating from its operations. The dust abatement measures shall be continued until
the Contractor has concluded performing its Services. Contractor shall not be entitled to extra compensation for
cost of dust abatement measures as such cost is included in Contractor's bid.
12. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance
against claims for injuries to persons or damage to property which may arise out of or in connection with
performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors.
The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of
California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII". OR with
a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the
latest Best's Key Rating Guide of at least "A:X".
12.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless Risk Manager or City
Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or
cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees
make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this
Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is
inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
12.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence
for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general
aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice
the required per occurrence limit.
12.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City).
$2,000,000 combined single-limit per accident for bodily injury and property damage. $5,000,000 combined
single limit per accident for the transport of passengers. Limits for hazardous waste hauling must comply with
the requirements of California Vehicle Code Section 34631.5.
12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not . be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
12.1.4 Professional Liability. Unless waived by City in writing, errors and omIssIons liability
appropriate to Contractor's profession with limits of not less than $2,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
12.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement
contain, or are endorsed to contain, the following provisions:
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12.2.1 The City will be named as an additional insured on Commercial General Liability which
shall provide primary coverage to the City.
12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage.
12.2.3 This insurance will be in force during the life of the Agreement and any extensions of it
and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the
Notice provisions of this Agreement.
12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement,
Contractor will furnish certificates of insurance and endorsements to City.
12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of the types of insurance coverage
required by this Agreement, then City will have the option to (1) declare Contractor in breach, (2) may purchase
replacement insurance, or (3) pay the premiums that are due on existing policies in order to maintain the required
coverage. Contractor is responsible for any payments made by City to obtain or maintain insurance and City
may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under
this Agreement.
12.5 Submission of Insurance Policies. City reserves the right to require, on reasonable notice, complete and
certified copies of any or all required insurance policies and endorsements, be submitted.
13. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may
be amended from time-to-time.
I
14. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All
records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to
examine, audit, and make transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to
the Agreement for a period of three (3) years from the date of final payment under this Agreement.
15. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this
Agreement is the property of City. In the event this Agreement is terminated, all work product produced by
Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to
City. Contractor will have the right to make one (1) copy of the work product for Contractor's records.
16. PERSONNEL
With respect to all persons employed or contracted by Contractor to perform Services under this Agreement,
Contractor shall ensure that pre-employment or pre-contracting reference and background checks have been
conducted on all personnel directly performing Services under this Agreement (which shall include but not be
limited to, all such persons who shall come on to the premises at any City facility, or in any City park, or in any
public rights,.of-way, in the performance of their duties or tasks). Contractor shall be responsible for ensuring
that federal, state and county of residence criminal background checks -via Livescan or equivalent means, as
approved by the City -are conducted on all personnel so employed or contracted, prior to their commencement
of Services under this Agreement, and shall exclude from any direct participation in the performance of the
Services any dishonest, dangerous, felon, or otherwise unqualified persons. In addition, Contractor shall be
responsible for ensuring that the aforementioned criminal background checks are annually renewed, prior to
the anniversary date of the execution of this Agreement, Contractor will abide by all applicable laws, rules and
regulations including, but not limited to the Fair Credit Reporting act and/or any equal opportunity laws, rules,
regulations or ordinances. Contractor shall maintain paperwork ensuring its compliance with the above.
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City shall reserve the right to audit background check data.
City shall have the absolute right to review and disapprove any personnel assigned to perform any of the
Services required pursuant to this Agreement.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving
oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times while performing any of the Services required under this Agreement to
comply with the City's drug and alcohol policies then in effect.
Contractor shall remove any person from performing any Services to the City if said person is arrested and
charged with either a misdemeanor or felony.
It shall be a breach of this Agreement to violate any provision of this section; and City may in its sole discretion
and without being in breach of this Agreement, immediately terminate this Agreement.
17. NOTICES
The names of the persons who are authorized to give or receive written notice(s) on behalf of City and on behalf
of Contractor under this Agreement are:
For City
Name
Title
Department
· City of Carlsbad
Address
Phone No.
For Contractor
Name
Title
Address
Phone No.
Email
Each party will notify the other immediately of any changes of address that would require any notice or delivery
to be directed to another address.
18. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of
the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four
categories. Contractor shall file its initial Conflict of Interest Statement on the Effective Date of this Agreement,
and annually thereafter.
19. . GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any
manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor.
Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be
responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply
with those requirements, including, but not limited to, verifying the eligibility for employment of all agents,
employees, subcontractors and consultants whose services are required by this Agreement.
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20. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination
and harassment.
21. DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement or the breach thereof for reasons other than Section 14
above, and if said dispute cannot be settled through normal contract negotiations, the parties agree to first
endeavor to settle the dispute in an amicable manner, using mandatory non-binding mediation under the
Mediation Rules of the American Arbitration Association or any other neutral organization or individual agreed
upon, in writing, before having recourse in a court of law.
21.1 Mandatory Mediation Costs
The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses
of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or
expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they
agree otherwise. Each party shall be responsible for their/its own attorneys' fees and costs.
21.2 Selection of Mediator
A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be
subject matter knowledgeable of the Services required pursuant to this Agreement and may be selected from
lists furnished by the American Arbitration Association (AAA) or any other agreed upon mediator. To initiate
mediation, the initiating party shall serve a Request for Mediation on the opposing party. If the mediator is
selected from a list provided by AAA, the initiating party shall concurrently file with AAA a "Request for Mediation"
along with the appropriate fees; a copy of requested mediators marked in preference order, and, a preference
for available dates.
If AAA is selected to coordinate the mediation (Administrator), within ten (10) working days from the receipt of
the initiating party's Request for Mediation, the opposing party shall file the following: a copy of the list of the
preferred Mediators listed in preference order, after striking any Mediators to which they have any factual
objection, and, a preference for available dates.
If the parties agree not to use AAA, then a mutually agreed upon mediator, date and place for the mediation shall
be agreed upon.
The Administrator will appoint or the parties shall agree upon the highest, mutually preferred, Mediator from the
individual parties' lists who is available to serve within the designated time frames.
21.3 Conduct of Mediation Sessions
Mediation hearings will be conducted in an informal manner and discovery, including issuing subpoena(s), will
not be allowed.
All discussions, statements, or admissions shall be confidential to the proceedings and will not be used for any
other purpose as it relates to the party's legal position. During the mediation, the parties may agree to exchange
any information they deem necessary. The parties may agree to exchange mediation briefs, but are not required
to do so.
Both parties must have an authorized representative attend the mediation. Each representative must have the
authority to recommend entering into a settlement. Either party may have attorney(s), witnesses or expert(s)
present. Either party may request a list of witnesses and notification whether attorney(s) will be present.
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Any resultant agreements from mediation shall be documented in writing. All mediation results and
documentation, by themselves, shall be "non-binding" and inadmissible for any purpose in any legal proceeding,
unless such admission or resultant agreement is otherwise agreed upon, in writing, by both parties. Mediators
shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.
22. TERMINATION
The City may . terminate the Agreement at its own discretion with or without cause or when conditions
encountered during performance make it impossible or impracticable for the City to proceed, or when the City is
prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority,
including the City of Carlsbad.
22.1 Termination for Convenience of the City
22.1.1 Termination of Contractor's Performance of Services. The City may terminate, subject to the
express terms and conditions set forth below, the Contractor's performance of the Services under th'is
Agreement, in whole or, from time to time, in part, if the City Council does not appropriate sufficient monies to
fund the Agreement. The City Manager or designee shall terminate, on behalf of the City, by delivering to the
Contractor a Notice of Termination, in writing, specifying the extent of termination and the effective date.
22.1.2 Notice of Termination. After receipt of the Notice of Termination, and except as otherwise
directed by the City Manager or designee, the Contractor shall immediately proceed as follows:
A. Stop work immediately or as specified in the Notice;
B. Immediately place no further orders or contracts for materials, or services, except as necessary to
complete any authorized continued portion of the Agreement;
C. Immediately terminate all contracts and/or subcontractors, if any, to the extent that they relate to the
Services terminated;
D. With approval by the City Manager or designee, settle all outstanding obligations arising from the
termination of contracts and/or subcontractors; the approval of which will be final for purposes of this
clause;
E. If applicable and as directed by the City Manager or designee, transfer the title and deliver to the City,
completed or partially completed drawings, plans, calculations, specifications and any other documents
and records that, if the contract had been completed, would be required to be furnished to the City;
F. Complete performance of the Services not terminated; and
G. If applicable, take any action that may be necessary, or that the City Manager or designee may direct, for
the protection and preservation of any property related to this Agreement that is in the possession of the
Contractor and in which the City has or may acquire an interest.
22.1.3 Removal of City Property. If applicable, the Contractor may request the City to remove or
relocate any City property or enter into an agreement for its storage. Within sixty (60) days, the City will accept
title of property, remove or relocate it, or enter into a storage agreement.
22.1.4 Termination Settlement. After termination, the Contractor shall submit a final termination
settlement proposal to the City in the form and with the certification prescribed by the City. The Contractor shall
submit the proposal promptly, but no later than sixty (60) days from the effective date of termination, unless
extended, in writing, by the City upon written request of the Contractor within this sixty (60) day-period. However,
if the City Manager determines that the facts justify it, a termination settlement proposal may be received and
acted on after sixty (60) days or any extension. If the Contractor fails to submit the proposal within the time
allowed, the City may, in good faith, determine, on the basis of information available, the fair and reasonable
amount, if any, due the Contractor as a result of the termination and pay the amount determined. If the Contractor
does not agree that the amount determined by the City is fair and reasonable, and if the Contractor gives notice
of such disagreement to the City in accordance with Section 22.1.4 of the Agreement, within thirty (30) days of
receipt of payment, then the amount due shall be as later determined by either mediation (Section 21 above) or ---••···-··--·-------·---•----------__ " ____ ,. .... -.. -.......... , ... -,.
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arbitration (Section 22.1.7 below), if the City and the Contractor agree thereto in writing, or as fixed in a court of
law.
22.1.5 Payment for Contractor Due to Termination. Subject to Section 22.1.4, above, the Contractor
and the City Manager may agree upon the whole or any part of the amount to be paid because of the termination.
The amount may include a reasonable allowance for profit on Services performed. However, the agreed amount,
whether under this Section 22.1.5 or Section 22.1.6, below, exclusive of costs shown in Section 22.1.6,
subparagraph C, below, may not exceed the total dollar amount authorized by the City as reduced by (1) the
amount of payments previously made; and (2) the contract price of Services not terminated. The contract shall
be amended, and the Contractor paid the agreed amount. Section 22.1.6, below, shall not limit, restrict, or affect
the amount that may be agreed upon to be paid under this paragraph.
22.1.6 Failure to Agree on Payment. If the Contractor and City fail to agree on the whole amount to
be paid because of the termination of Services, the City shall pay the Contractor the fair and reasonable amounts
determined in good faith by the City as follows, but without duplication of any amounts agreed on under Section
22.1.5, above:
A. The contract price for completed Services accepted by the City not previously paid for, as adjusted by
any savings, returns, or other discounts to charges.
B. The total of:
1. The costs incurred in the performance of the Services terminated, including initial costs and
preparatory expense allocable thereto, but excluding any costs attributable to services paid or to
be paid under Section 22.1.6, subparagraph A, above;
2. The fair and reasonable cost of settling and paying termination settlement proposals under
terminated contracts or subcontractors that are properly chargeable to the terminated portion of
the Agreement if not included in Subdivision 1, above;
3. A sum, as provided on Subdivision 1, above, determined by the City Manager or designee to be
fair and reasonable under the circumstances; however, if it appears that the Contractor would
have sustained a loss on the entire Agreement, had it been completed, the City shall allow no
profit under this Subdivision 3 and shall reduce the settlement to reflect the indicated rate of
loss.
C. The reasonable costs of settlement of the Services terminated, including:
1. Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of
termination of settlement proposals and supporting data;
2. The termination and settlement of contracts and/or contractors (excluding the amounts of such
settlements); and
3. Storage, transportation, and other costs incurred, reasonably necessary for the preservation,
protection, or disposition of property in which the City has or may acquire an interest.
22.1. 7 Arbitration of Payment. If the Contractor does not agree that the amount determined by the
City Manager or designee under Section 22.1.6, above, is fair and reasonable, and if the Contractor gives notice
of such disagreement to the City in accordance with Section 22.1.4 of this Agreement within thirty (30) days of
receipt of payment, then the amount due shall be as later determined by non-binding arbitration, if the City and
Contractor specifically agree thereto, or as determined in a court of law.
22.1.8 Payment For Property Destroyed, Lost, Stolen or Damaged. Except to the extent that the City
expressly assumed the risk of loss, the City shall exclude from the amounts payable to the Contractor under
Section 22.1.6, above, the fair market value, as determined by the City Manager or designee, or property that is
destroyed, lost, stolen, or damaged so as to become undeliverable to the. City.
22.1.9 Determination of Amount Due Contractor. In arriving at the amount due the Contractor under
this clause, there shall be deducted:
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A. All unliquidated advance or other payments to the Contractor under the terminated portion of this
Agreement;
B. Any claim which the City has against the Contractor under this Agreement; and
C. The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the
Contractor or sold under the provisions of this clause and not recovered by or credited to City.
22.1.1 0 Partial Termination. If the termination is partial, the Contractor may file a proposal with the
City Manager for an equitable adjustment of the price(s) of the continued portion of the Agreement. The City
shall make any equitable adjustment agreed upon. Any proposal by the Contractor for an equitable adjustment
under this clause shall be requested within sixty (60) days from the effective date of termination, unless extended,
in writing, by the City Manager or designee.
22.1.11 Partial Termination Payments. The City may, under the terms and conditions it prescribes,
make partial payments and payments against costs incurred by the Contractor for the terminated portion of the
Agreement if the City believes the total of these payments will not exceed the amount to which the Contractor
will be entitled.
If the total payments exceed amounts finally determined to be due, the Contractor shall repay the excess to the
City upon demand, together with interest. Interest shall be at a rate often percent (10%) per annum compounded
daily and shall be computed for the period from the date the excess payment is received by the Contractor to
the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the
Contractor's termination settlement proposal because of retention or disposition, or a later date determined by
the City because of the circumstances.
22.1.12 Records and Documents Relating to Termination. Unless otherwise provided in the
Agreement or by statute, the Contractor shall maintain all records and documents relating to the terminated
portion of this contract for three (3) years after final settlement. This includes all books and other evidence
bearing on the Contractor's costs and settlement. This includes all books and other evidence bearing on the
Contractor's costs and expenses under this Agreement. The Contractor shall make these records and
documents available to the City, at the Contractor's office, at all reasonable times, without any direct charge. If
approved by the City, photographs, microphotographs, and other authentic reproductions may be maintained
instead of original records and documents.
22.2 Termination for Default
A. The City may, by written notice of default to the Contractor, terminate the whole, or any part of this
Agreement based on Contractor's default of any term or condition of this Agreement, provided that
Contractor fails to cure such default within ten (10) days after receipt of such notice. The following are
considered defaults:
(1) Failure to perform the services within the time specified; or
(2) Failure to perform any of the obligations of this Agreement, or to make progress in performance
which may jeopardize full performance.
B. In the event the City terminates this Agreement based on default, in whole or in part, the City may procure,
upon such terms and in such manner as the City may deem appropriate, like services from another
vendor or source and Contractor shall be liable to the City for any excess costs. The Contractor shall also
continue performance to the extent not terminated.
22.3 Termination for Cause
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement,
misrepresentation by Contractor in connection with the formation of this Agreement, or the failure to perform
Services as required pursuant to the terms and conditions of this Agreement. Termination for cause shall be
effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon
delivery of said notice. City is not required to give Contractor an opportunity to cure the default. Notwithstanding
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid.)
the foregoing, City may, in its sole discretion permit Contractor an opportunity to cure the default pursuant to
Section 20.2 above.
22.4 Termination for Bankruptcy or Assignment for the Benefit of Creditors
If the Contractor files a voluntary petition in bankruptcy, is adjudicated bankrupt, or makes a general assignm·ent
for the benefit of creditors, the City may at its option and without further notice to or demand upon the Contractor,
immediately terminate this Agreement, and terminate each and every right of the Contractor, and any person
claiming any rights by or through the Contractor. The rights and remedies of the City enumerated in this section
are cumulative and shall not limit, waive, or deny any of the City's rights under any other provision of this
Agreement. Nor does this waive or deny any right or remedy, at law or in equity, existing as of the date of this
Agreement or hereinafter enacted or established, that may be available to the City.
22.5 Termination Based on Lack of Annual Appropriation of Funds
Multi-year agreements are subject to annual appropriation of funds by the City Council. In the event sufficient
funds are not appropriated for the next fiscal year, the Agreement may be terminated at the end of the current
fiscal year. The City shall not be obligated to make further payments. In the event of termination or reduction of
services, Contractor shall be compensated in accordance with Section 20.1 above.
23. WITHHOLD REMEDY AND LIQUIDATED DAMAGES
In addition to, and cumulative to all other remedies in law, at equity and provided under this Agreement, in the
event Contractor is in material default of its duties or obligations under this Agreement and it fails to cure the
default within twenty (20) days after receipt of written notice of default from City, City may, without waiving any
other rights under this Agreement, elect to withhold from the payments due to Contractor under this Agreement
during the period beginning with the 16th day after Contractor's receipt of notice of default, and ending on the
date that the default has been cured to the reasonable satisfaction of City, an amount that is in proportion to the
magnitude of the default or the Service that Contractor is not providing. Upon curing of the default by Contractor,
City will cause the withheld payments to be paid to Contractor, without interest, and less any amounts to be set
off as liquidated damages as provided in this Section. Failure to cure a default within twenty (20) days after
receipt of written notice of default from City shall entitle City to the payment by Contractor of liquidated damages
in the amount of $2,000.00 per day. Contractor acknowledges and agrees that the liquidated damages assessed
pursuant to this Section shall be payable to City upon demand and may, at City's option, be set off against any
monies due to Contractor under this Agreement and are reasonable, due to the difficulty in calculating exact
damages, and under the circumstances existing as of the date this Agreement is entered into.
24. ORDER OF PRECEDENCE
In the event of any inconsistency between or among the Ag reement, Exhibits, Request for Bids, Response to
Request for Bids, Amendment(s) to Agreement, or any other documents, the inconsistency shall be resolved by
giving precedence in the following order:
A. Agreement Amendment(s)
· B. Agreement
C. Response to Request for Bids, Appendix "D"
25. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a bona
fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or
agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this
Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without
liability, or, in its discretion , to deduct from the Agreement price or consideration , or otherwise recover, the full
amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
26. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as
part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction
with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code
sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 information. If City
seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an
administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by
another jurisdiction is grounds for City to terminate this Agreement.
27. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided
for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of
California, and the parties waive all provisions of law providing for a change of,venue in these proceedings to
any other county.
28. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their
respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it
may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld.
29. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along with the
purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between
the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the
purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
II
II
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II
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II
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
30. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each
represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms
and conditions of this Agreement.
CONTRACTOR
By:
(sign here)
(print name/title)
By:
(sign here) •
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Manager or Mayor or Department
Director as authorized by the City Manager
ATTEST:
BARBARA ENGLESON
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation,
Agreement must be signed by one corporate officer from each of the following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM: ,
CELIA A. BREWER, City Attorney
BY: --------------
Assistant City Attorney
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-0s (Re-Bid)
Appendix "B"
CONTRACTOR'S PROPOSED COST OF SERVICE
The matrix below describes the services upon which CITY is requesting bids. If providing a proposal you must
bid on all line items within that category or your category bid will be considered a "No Bid".
The undersigned declares he/she/it has carefully examined the locations of the work, read the Request for Bid,
examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and
services required to do all the work required under Section 3, Scope of Work and that the work is in
accordance with the requirements and specifications of this RFB; and that he/she/it will take in full payment
therefore the following unit prices for each item complete, to wit:
CONTRACTOR warrants that the price(s) given are firm for ninety (90) days after date of bid opening.
Addendum(s) No(s). ____________ has/have been received and is/are included in this bid.
The Undersigned has checked carefully all of the above figures and understands that 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 CITY CONTRACT with the necessary
insurance policies within twenty (20) calendar days from the date of award of CONTRACT by CITY, CITY may
at its sole option and without providing further notice to the apparent best value CONTRACTOR
administratively authorize the award of the CONTRACT to the Best Value CONTRACTORS in descending
rank.
Print CONTRACTOR'S Business Name: __________________ _
Print Name/Title: Date: --------------------------
Signature: _____________________________ _
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
Portable Restroom Rental and Service Inventory
Item PREVAILING WAGE
# Description Unit Quantity and Service Subtotal$ Total$ Type Frequency
1 standard w/ sink
1 Aviara Oaks Middle School inside 3x/week $ $
1 containment pan (Monthly) (Annual)
1 standard w/ sink
2 Buena Vista Elementary School inside 1x /week $ $
1 containment pan (Monthly) (Annual)
3 Cannon Park 1 ADA Accessible w/ $ $ sink inside 4x/week (Monthly) (Annual)
4 Carlsbad Boulevard Seawall 4 ADA accessible w/ 7x/week $ $ sink inside (Monthly) (Annual)
5 Ann D. L'Heureux Dog Park 1 ADA accessible w/ $ $ sink inside ·2x/week (Monthly) (Annual)
6 Elmwood Street Parking Lot 1 ADA accessible w/ $ $ sink inside 4x/week (Monthly) (Annual)
7 Hosp Grove Park 1 ADA accessible w/ $ $ sink inside 4x/week (Monthly) (Annual)
1 standard w/ sink
8 Kelly Elementary School inside 1x / week $ $
1 containment oan (Monthly) (Annual)
La Costa Meadows Elementary 1 standard w/ sink
9 inside 2x/week $ $ School/ El Fuerte Park 1 containment oan (Monthly) (Annual)
1 standard w/ sink
10 Magnolia Elementary School inside 1x/week $ $
1 containment pan (Monthly) (Annual)
1 ADA accessible w/
11 Roosevelt Street Parking Lot sink inside 4x/week $ $
(Monthly) (Annual)
1 ADA accessible w/
12 State Street Parking Lot sink inside 4x/week $ $
(Monthly) (Annual)
4 standard w/ sink
13 Valley Middle School inside 2x/week $ $
4 containment oan (Monthly) (Annual)
1 ADA accessible w/
14 Zone 5 Park sink inside 2x/week $ $
' (Monthly) (Annual)
15 On call standard unit w/ delivery $ $ and pickup (Daily) (Weekly)
16 On call ADA accessible unit w/ $ $ delivery and pickup (Daily) (Weeklv)
17 On call hand wash sink w/ $ $ delivery and pickup (Daily) (Weeklv)
18 On call servicing of restroom unit $ (each trip) (Per Service)
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Portable Restroom Rental and Service REQUEST FOR BIDS #20-05 (Re-Bid)
In the event of a discrepancy between bid item prices and extended totals, the correctly extended bid
item prices shall govern.
Monthly shall mean a calendar month. Annual total amount is to be for 12 calendar month billings.
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