HomeMy WebLinkAboutDownstream Services Inc; 2005-05-05; 3538-1AGREEMENT FOR NORTH BATlQUlTOS INTERCEPTOR
SEWER CLEANING AND VIDEO INSPECTION
(DOWNSTREAM SERVICES, INC.)
THIS AGREEMENT is made and entered into as of the 6 tL' day of
, 206, by and between the CITY OF CARLSBAD, a municipal
n, ("City"), and DOWNSTREAM SERVICES, INC., a corporation,
('I Co n t racto r 'I) .
RECITALS
A. City requires the professional services of an environmental contractor that
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
is experienced in sewer cleaning and video inspection.
services and advice related to sewer cleaning and video inspection.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. - TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written.
4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
1
City Attorney Approved Version #04.01.02
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be fifty eightthousand six hundred fifty dollars ($58,65O),No other compensation for
the Services will be allowed except for items covered by subsequent amendments to
this Agreement. The City reserves the right to withhold a ten percent (10%) retention
until City has accepted the work and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. 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. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the 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.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. 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 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.
City Attorney Approved Version #04.01.02
2
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's 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. 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-:Vi'.
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney 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.
10.1.1 Commercial General Liabiliw Insurance. $1,000,000 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.
10.12 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
City Attorney Approved Version #04.01.02
3
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 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.
10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. 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.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. 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.
City Attorney Approved Version #04.01.02
4
12. 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.
13. 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.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name Lloyd Hubbs Name Richard Delgadillo
Title Public Works Director Title Project Manager
Dept Engineering
City of Carlsbad
Address 1635 Faraday Avenue Address 2855 Progress Place
Phone No. (760) 602-2730 Phone No. (800) 262-0999
Downstream Services, Inc.
Carlsbad, CA 92008 Escondido, CA 92029
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.
16. CONFLICT OF INTEREST
City will evaluate Contractor’s duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City’s Conflict of Interest Code is required
of Contractor or any of Contractor’s employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
City Attorney Approved Version #04.01.02
5
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. 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
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #04.01.02
6
20. TERMINATION
In the event of the Contractor's failure to Drosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. 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.
22. 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.
City Attorney Approved Version #04.01.02
7
23. 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.
24. 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.
25. 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.
City Attorney Approved Version #04.01.02
8
26. 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 CITY OF CARLSBAD, a municipal
EAM SERVICES, INC.,
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:
RONALD R. BALL, City Attorney
By:
City Attorney Approved Version #04.01.02
9
EXHIBIT “A”
CITY OF CARLSBAD
San Diego County
California
SUPPLEMENTAL PROVISIONS
AND
TECHNICAL SPECIFICATIONS
FOR
NORTH BATIQUITOS INTERCEPTOR
SEWER CLEANING AND
VIDEO INSPECTION
CONTRACT NO. 3538-1
March 2005
em %$ Revised 10/08103 Contract No. 3538-1 Page 1 of 34 Pages
SUPPLEMENTAL PROVISIONS
Part 1
Section 1 1-1 1-2 1-3
Section 2 2-3 2-5 2-1 0
Section 3 3-2 3-3 3-4
3-5
Section 4 4- 1 4-2
Section 5 5-1 5-4
Section 6 6-1 6-2 6-6
6-7 6-8 6-9
Section 7 7-3 7-4
7-5 7-8 7-1 0 7-1 3
Section 9 9-1 9-3
General Provisions
Terms. Definitions Abbreviations And Symbols Tenns .................................................................................................................... 3 Definitions ............................................................................................................. 4 Abbreviations ........................................................................................................ 5
Scope And Control Of The Work Subcontracts ......................................................................................................... 5 Plans And Specifications ...................................................................................... 6
Changes In Work Changes Initiated by the Agency .......................................................................... 8 Extra Work ............................................................................................................ 8 Changed Conditions ............................................................................................. 8
Control Of Materials Materials And Workmanship ................................................................................. 12 13
Utilities
Location ................................................................................................................. 13 Relocation .................... ......................................................................................... 13
Prosecution, Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................ 14 Prosecution Of Work ............................................................................................. 14
Delays And Extensions Of Time ........................................................................... 14 Time of Completion ............................................................................................... 15 Completion And Acceptance ................................................................................ 15 Liquidated Damages ............................................................................................. 15
Responsibilities Of The Contractor
Permits .................................................................................................................. 16
Project Site Maintenance ...................................................................................... 16 Public Convenience And Safety ........................................................................... 16 Laws To Be Observed .......................................................................................... 20
Authority Of Board And Engineer ......................................................................... 7
Disputed Work ...................................................................................................... 9
Materials Transportation, Handling and Storage ..................................................
Liability Insurance ................................................................................................. 15 Workers’ Compensation Insurance ...................................................................... 15
Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. 20 Payment ................................................................................................................ 21
TECHNICAL SPECIFICATIONS .................................................................................................. 23
APPENDICES
Appendix 1
Appendix 2
Appendix 3
Appendix 4 Location Map
Pipe & Access Hole Quantities Table
Sample Pipe Inspection Sheet
Sample Access Hole InspectionlAssessment Sheet
e- ts Revised 10/08/03 Contract No . 3538-1 Page 2 of 34 Pages
SUPPLEMENTAL PROVISIONS
FOR
NORTH BATIQUITOS INTERCEPTOR
SEWER
PIPELINE CLEANING AND TELEVISION INSPECTION
CONTRACT NO. 3538-1
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
The specifications for the work include the Standard Specifications for Public Works Construction,
2003 Edition supDlements thereto , all hereinafter designated "SSPWC as issued by the Southern
California Chapter of the American Public Works Association and as amended by the supplemental
provisions sections of this contract.
PART 1, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
Revised 10/08/03 Contract No. 3538-1 Page 3 of 34 Pages
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor‘s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility
Construction Manager - The Senior Inspector’s immediate supervisor and second level of appeal
for informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Deputy City Engineer, Construction Management and Inspection - the Construction Manager’s
immediate supervisor and first level of appeal for informal dispute resolution.
e- t? Revised 10/08/03 Contract No. 3538-1 Page 4 of 34 Pages
1
1-3 ABBREVlATlONS
1-3.2' Common Usage, add the following:
Abbreviation Word or Words
Apts ...................................... ..Aprtment and Apartments
Bldg ........................................ Building band Buildings
CMWD .................................... Calsbad Municipal Water District
CSSD ..................................... Cakbad Supplemental Standard Drawings
cfs .;... ...................................... Cubic Feet pe6econd
Comm ..................................... .Commecial
DR .......................................... Dimension Ratio
E ............................................ .Eleclc
G ............................................. Gas
gal ........................................... Gallon and Gallons
Gar ......................................... Gage and Garages
GNV ........................................ &und Not Visible
gpm ............. ............................ allons petminute
IE ............................................ Inert Elevation
LCWD ................................... ..Leucadia Count$Water District
MSL ........................................ Man Sea Level (see Regional Standard Drawing M-12)
MTBM ..................................... hkrotunneling Boring Machine
NCTD ................... .:. ............... Noth County Transit District
OHE ........................................ Oerhead Electric
OMWD ................................. ..Olisnhain Municipal Water District
ROW ...................................... Righbf-Way
S ............................................. Sew or Slope, as applicable
SDNR ..................................... San Diego Noihem Railway
SDRSD ................................... San Diego Regional %ndard Drawing
SFM ........................................ Sew Force Main
T ........................................... ..imephone
UE .......A. ....................... :.. ;.; ... Undeground Electric
W ............................................ Nter, Wider or Width, as applicable
WD ...................................... .\eIllecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may
at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor's own organization. The City Council shall be the sole body for determination of a violation
of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a
public hearing before the City Council and shall be notified ten (IO) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
e= %# Revised 10/08/03 ' Contract No. 3538-1 Page 5 of 34 Pages
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications
for Public Works Construction, (SSPWC), 2003 edition and supplements thereto, hereinafter
designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern
California Chapter American Public Works Association and Southern California Districts Associated
General Contractors of California, and as amended by the Supplemental Provisions section of this
contract.
The standard drawings used for this project are the latest edition of the San Diego Area Regional
Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department
of Public Works, together with the most recent editions of the City of Carlsbad Supplemental
Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the
Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by
the Carlsbad Municipal Water District.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be
the most recent edition of the following documents listed in order of highest to lowest precedence:
Permits from other agencies as may be required by law.
Technical Specifications of this contract
Supplemental Provisions of this contract
Standard Specifications for Public Works Construction, (SSPWC), 2003 edition and
supplements thereto
Referenced Specifications
Manufacturer's Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number. 2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section numbe(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
4% %# Revised 10/08/03 Contract No. 3538-1 Page 6 of 34 Pages
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval."
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (IO) days of completion
of the work. Payment for performing the work required by section 2-5.4 shall be included in the
various bid items and no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor's or subcontractor's possession pertaining to the work that the
Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain andlor make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor's staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor's ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
em %# Revised 10/08/03 Contract No. 3538-1 Page 7 of 34 Pages
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract.
second paragraph, modify as follows:
3-3.2.3 Markup,
(a) and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
(b) When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor‘s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
Delete sections 33.2.3 (a) and (b) and replace with the following: Work by Contractor. The following percentages shall be added to the Contractor‘s costs
Work by Subcontractor.
I * I .
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before
they are disturbed shall constitute a waiver of all claims in connection therewith.
9- %# Revised 10/08/03 Contract No. 3538-1 Page 8 of 34 Pages
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within
20 working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City‘s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
,I h, I I.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Construction Manager
3. Deputy City Engineer
4. Public Works Director
5. City Manager
%# Revised 10/08/03 Contract No. 3538-1 Page 9 of 34 Pages
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the
City Manager after which the Contractor may proceed under the provisions of the Public Contract
Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a.contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the, contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
em %$ Revised 10/08/03 Contract No. 3538-1 Page 10 of 34 Pages
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to thisarticle; . * 1T1 .,nwY;
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15day period, any party may petition the court to appoint the mediatot:
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
%# Revised 10/08/03 Contract No. 3538-1 Page 11 of 34 Pages
(3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Such free and safe access shall include means of
safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and
manner of work and character of materials. Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill
this Contract.
4-1.4 Test of Materials,
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be bome by the Contractor.
delete the phrase, “and a reasonable amount of retesting”, from the third
t-.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be bome by the Contractor.
4- E# Revised 10/08/03 Contract No. 3538-1 Page 12 of 34 Pages
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory
performance of substituted items. If, in the sole opinion of the Engineer, the substitution is
determined to be unsatisfactory in performance, appearance, durability, compatibility with associated
items, availability of repair parts and suitability of application the Contractor shall remove the
substituted item and replace it with the originally specified item at no cost to theAgency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor‘s
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all.curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
em %# Revised 10/08/03 Contract No. 3538-1 Page 13 of 34 Pages
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within five (5) calendar days after receipt of the “Notice to Proceed”.
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set
the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management
personnel responsible for the management, administration, and execution of the project is mandatory
for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible
project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per
section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The
notice to proceed will only be issued on or after the completion of the preconstruction meeting.
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Technical Specifications.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. The Contractor shall provide written notice
to the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit anyclaim(s) therefor.
Modify as follows:
*- t? Revised 10/08/03 Contract No. 3538-1 Page 14 of 34 Pages
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within forty (40) working days after the starting date specified in the Notice to Pmceed.
6-7.2 Working Day. Add the following: The video inspection and portions of the pipeline and
access hole cleaning will occur outside of the City’s typical working hours of 7:OO A.M. and 4:OO P.M.
These hours are specified in the Technical Specifications portion of this agreement. Night work
therefore is considered part of the requirement for this Agreement and no addition payment beyond
that stated on the “Bidder’s Cost of Service” will be provided.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of five hundred ($500) dollars.
Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred
($500) dollars per day is the minimum value of costs and actual damages caused by the Contractor
to complete the Work within the allotted time. Any progress payments made after the specifiedit
completion date shall not constitute a \naiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: Contractor shall comply with the Agreement conditions specified under
item no. IO. Insurance, on page 12 of the Agreement.
7-4 WORKERS’ COMPENSATION INSURANCE.
Add the following: Contractor shall comply with the Agreement conditions specified under
item no. IO. Insurance, on page 12 of the Agreement,
e= %# Revised 10/08/03 Contract No. 3538-1 Page 15 of 34 Pages
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit@) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall
also be executed on weekends and other non-working days when needed to preserve the health
safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control
throughout the duration of the Contract. The Engineer may require increased levels of cleanup and
dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare
of the public. Cleanup and dust control shall be considered incidental to the items of work that they
are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall coordinate
acquisition of water used for the construction, plant establishment, maintenance, cleanup, testing
and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements (CMWD). Water shall be provided at no cost to the
Contractor. The Contractor shall pay all costs of temporary light, and power including hookup,
service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be
considered incidental to the items of work that they are associated with and no additional payment
will be made therefor.
Add the following section: 8 I. .
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
e=
Revised 10/08/03 Contract No. 3538-1 Page 16 of 34 Pages
The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice can be provided from the Engineer at request.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following : 1) The Engineer ...................................................................................... (760) 602-2763
3) Carlsbad Police Department Dispatch ............................................... (760) 931-21 97 4) Carlsbad Traffic Signals Maintenance.. ............................................. (760) 438-2980 5) Carlsbad Traffic Signals Operations .................................................. (760) 438-2980
2) Carlsbad Fire Department Dispatch .................................................. (760) 931-21 97
6) North County Transit District .............................................................. (760) 743-9346 7) Coast Waste Management ................................................................ (760) 929-9400
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater.
e- \# Revised 10/08/03 Contract No. 3538-1 Page 17 of 34 Pages
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of
section 21 4-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section
214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall
conform to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry
water borne conforming to section 21 0-1.6for materials and section 31 0-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the travelling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the travelling public during non-working hours. During the hours of darkness, as defined in Division
1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
traffic cones rather than post-type delineators are used during the hours of darkness, they shall be
affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor‘s employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment.
A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Engineer.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
“Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in
these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
e- \# Revised 10/08/03 Contract No. 3538-1 Page 18 of 34 Pages
Add the following section:
7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System
for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer's written approval of said plan.
Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5
of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes
obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall
be provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be
performed by the Contractor. When temporary pavement delineation is removed, all lines and marks
used to establish the alignment of the temporary pavement delineation shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer,
the temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When temporary
pavement delineation is required to be removed, all lines and marks used to establish the alignment
of the temporary pavement delineation shall be removed.
' p 1 I 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan I
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the travelled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the
Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include
all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of
features affecting the traffic control plan and the methodology proposed to transition to the
subsequent TCP phase. When the vertical alignment of the travelled surface differs from the
finished pavement elevation vertical curves must also be shown. Such modifications, supplements
and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF
TRAFFIC CONTROLS", 1996 as published by the State of California Department of Transportation.
Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered
professional engineer appropriately registered in the State of California. The Engineer shall be the
sole judge of the suitability and quality of any such modifications, supplements, and/or new designs
to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the
ts Revised 10/08/03
em
Contract No. 3538-1 Page 19 of 34 Pages
TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to
the TCP prepared by the registered professional engineer retained by the Contractor will be
beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new
design shall not be implemented and no work shall be commenced that is contingent on such
approval until the changed TCP are approved by the Engineer. The preparation of such modification,
addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the
Agency in any fashion. Submittal and review requirements for such modifications, supplements,
and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and
Submittals.
Add the following section:
7-1 0.3.7 Payment.
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work
with which they are associated and no other compensation will be allowed therefor.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game-Code shall become conditions of
the contract.
SECTION 9 -- MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the
U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”
e= %# Revised 10/08/03 Contract No. 3538-1 Page 20 of 34 Pages
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the Engineer
shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor’s information. Should the Contractor assert that additional payment is due,
the Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not proper,
then the request shall be returned to the Contractor as soon as practicable, but not later than seven
(7) days after receipt. The returned request shall be accompanied by a document setting forth in
writing the reasons why the supplemental payment request was not proper. In conformance with
Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after
receipt of an undisputed and properly submitted supplemental payment request from the Contractor.
If payment of the undisputed supplemental payment request is not made within thirty (30) days after
receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate
set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The ContFactor shall have 30 calendar days from receipt of the #Final ”Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount.
The Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time,
the Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
4- ts Revised 10/08/03 Contract No. 3538-1 Page 21 of 34 Pages
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the work will not be included in the progress estimate.
The cost of materials and equipment delivered but not incorporated
Add the following section:
9-3.4.1 Mobilization and Preparatory Work.
be included in the various items of work and no other payment will be made.
Payment for mobilization and preparatory Work will
e- %# Revised 10/08/03 Contract No. 3538-1 Page 22 of 34 Pages
TECHNICAL SPECIFICATIONS
NORTH BATIQUITOS INTERCEPTOR SEWER CLEANING AND TV INSPECTION
This section supplements PART 2-CONSTRUCTION MATERIALS, PART 3-CONSTRUCTION
METHODS of Standard Specifications for Public Works Construction, 2003 edition, (Greebook).
All sections, which are not changed, remain in full effect. Additional special provisions may be
included in these supplements.
1. SCOPE OF WORK
A. Contractor shall protect existing habitat. Protection of the habitat shall be part of the
plan for execution of work submitted as part of the bid, see item 4(G) herein.
B. Contractor shall furnishing of all labor, materials, tools, equipment and incidentals
necessary to complete all of the work described herein. This work includes cleaning
and televising all pipeline between access holes No. 62 and No. 21 identified on Ex-
hibit “B” of this agreement. Contractor shall be responsible for the removal of all debris
from the pipeline and shall take all the necessary steps to ensure that no spills of any
water will occur. Pipeline debris is described as but not limited to, sludge, dirt, sand,
rocks, grease, roots and other solid or semisolid materials. The television inspection
shall include audio commentary with a written report of video findings collected data.
C. Contractor shall clean and video inspect each access hole listed under the Site
Information section of these specifications and provide and an inspection report per
the specifications.
D. All pipeline CCTV video work shall occur between the hours of 9:00 p.m. and
6:OO a.m., during low flow periods.
After pipelines are cleaned and televised, the Contractor may be retained for addi-
tional inspections as the need arises for the term of the contract at the rates specified
in this agreement.
E.
2. SITE IN FORMATION
A. The majority of this facility exists outside of City right-of-way but within easements
through several private properties. The Contractor is responsible for notifying each
owner or property manager and scheduling work on the property to their satisfaction. See Appendix “4 for map of the pipeline and surrounding area. The pipeline and
access hole numbering system corresponds to that shown in Appendix “4“.
Minimum flow occurs between 12:OO a.m. and 500 a.m.; maximum flows occur
between 7:OO a.m. and 1O:OO a.m. and 7:OO p.m. and 9:00 p.m. Flow information is
based on pump logs at the North Batiquitos Lift Station located at the dovmstream end
of the pipeline.
PiDeline and Access Hole Quantities:
See Quantity Table, Appendix No. 1
B. Flow Information:
C.
e- \$ Revised 10/08103 Contract No. 3538-1 Page 23 of 34 Pages
3. ORDER OF WORK
A. Contractor shall arrange and schedule entry onto any private property with the owners
prior to commencement of any work on that property.
B. Each access hole cover is sealed with cement mortar. Contractor shall break the seal
to remove cover.
C. Contractor shall clean pipeline beginning with the segment of pipeline between
access holes No. 61 and No. 60 proceeding downstream sequentially with the final
section of pipeline being that between access holes No. 22 and No. 21, see
Appendix “4.
Each upstream access hole shall be cleaned, removing debris from the interior walls
and shelf prior to cleaning the down section of pipe. Contractor shall provide a means
and prevent any loose concrete or aggregate from entering the pipe stream.
D.
E. Following the pipeline cleaning the Contractor shall proceed with the televised
inspection in accordance to the specifications herein. All video inspection shall be
done during low flow conditions between 11:OO p.m. and 500 a.m.
F.
G.
Contractor to submit “DRAFT” Inspection Report and DVD to engineer for comments
prior to submittal of final copies.
After the pipeline and access holes have cleaned and inspected to the satisfaction of
the Engineer each access hole shall be re-sealed with Engineer approved low
strength mortar.
H. Contractor to submit final Inspection/Assessment Report on digital video and
photog rap h recordings .
4. GENERAL REQUIREMENTS
A. Contractor Experience
The Contractor‘s supervisor(s) performing the work must be qualified to perform the
work as noted in these specifications and have a minimum of five (5) years
experience in cleaning sewer pipeline and videotaping sewer pipeline inspections.
The Contractor must submit a minimum of three (3) references form individual
sources, of work previously completed with a comparable scope of work to this
con tract.
e= %# Revised 10/08/03 Contract No. 3538-1 Page 24 of 34 Pages
9. Water Pollution Control
The Contractor shall comply with all state rules, regulations, statutes and the
Water Quality Control Act of July 1974 and exercise every precaution to protect
streams, lakes, reservoirs, bays, and coastal waters from pollution with fuels, oils, and
other harmful materials. In the event of a sewer spill caused by the Contractor's
operations, the Contractor should immediately contact the appropriate City staff;
call (760) 438-2722 between 8:OO a.m. and 500 p.m., and (760) 931-2197 outside of
those hours.
Full compensation for the cleaning of any sewer spill caused by the Contractor's
negligent operations or equipment malfunction shall be considered as included in the
contract price paid for the cleaning of the various sizes and types of sewer pipe, and
no additional compensation will be allowed therefore. Any spill damaging private
property for the reasons stated herein should be remedied to the satisfaction of the
property owner and County Health Department Inspector. A letter of satisfaction
signed by the property owner shall be submitted to the Engineer prior to final
acceptance of the contract. If the Contractor fails to immediately complete the clean-
up as indicated herein, the Carlsbad Municipal Water District reserves the right to
complete the clean-up and all expenses borne will be deducted from the Contractor's
payment.
In the event of a sewage spill, the Contractor shall be fully responsible to:
1 ) Take all necessary action to immediately stop the spill.
2) Repair the line(s).
3) Clean up the area as required by the County Health Department, City of
Carlsbad and the Regional Water Quality Control Board.
4) Be responsible and liable for any claim against the City of Carlsbad resulting
from a sewage spill.
C. Equipment Stotaqe
Equipment storage locations shall be selected by the Contractor, subject to written
approval by the Engineer. When any material or equipment is to be stored outside the
street right-of-way, or sewer easement, Contractor shall first obtain written permission
from the property owner of the property where storage is to be made and fileawith the
City of Carlsbad said written permission together with a written release from the
property owner absolving the City of Carlsbad from any and all responsibility in
connection with the storage of equipment on said property.
4- %# Revised 10/08/03 Contract No. 3538-1 Page 25 of 34 Pages
D. Safety
The Service Provider's supervisor(s) must be able to communicate both verbally and
in writing with City staff as well as with his crew. The Service Provider's supervisor
must demonstrate the capability to read, interpret, and understand the Safety/OSHA
requirements, drawings, and specifications as necessary. All work and equipment
utilized shall conform to Fed-OSHA and CAL-OSHA Title 8 requirement including, but
not limited to, work performed in confined space and/or gas hazardous environment.
Service Provider shall provide a minimum of a two-person crew at all times.
Confined Space Issues and Safety Issues - All manholes in this work are defined as
Title 8 Permit Required Confined Space. The Service Provider's attention is directed
to the General Industry Safety Orders of the State of California, Article 108, Confined
Spaces, Section 5157 (Title 8 of California Code of Regulation, Sections 5167, 5157,
51 58).
All work shall be conducted from above ground. Manhole entry, if required, shall be
conducted in strict accordance with permit required confined space entry regulation.
These regulations include, at a minimum: entry permit, trained authorized entrant(s),
attendant(s), entry supervisor(s), full body harness (with life line), mechanical retrieval
device, continued force air ventilation, continuous air monitoring, communication
system (minimum two types), and all other protective equipment that may be required.
Work shall be conducted in accordance with all Federal, State, and local laws and
regulations.
Contractor shall have an intrinsically safe portable gas monitor capable of detecting
Oxygen, Hydrogen Sulfide, and combustible gases. The gas monitor shall be
ca I i bra ted in accord a nce with man ufact u re r's recommended frequency.
E. Sound Control
The noise level from the Contractor's operation shall conform with Carlsbad Municipal
Code: CC § 8.28.
F. Air Pollution Control
The Contractor shall comply with air pollution control rules, regulations, ordinances,
and statutes, which apply to any work performed pursuant to the contract.
~\
ew %# Revised 10/08/03 Contract No. 3538-1 Page 26 of 34 Pages
G. Access to Work Area
There is a 20-foot wide easement over the pipeline. There are limitations on
accessibility to the access holes and the contractor is responsible for determining a
method and means of accessing each access hole in the alignment which will be
approved by the Engineer. The Contractor shall submit a plan which includes
methods, tools and equipment to be used, for cleaning and televising those sections
of the pipeline with no vehicular access. The plan shall be approved by the Engineer
prior to Contractor proceeding. Trampling of plants will not be permitted. Accessing
facilities beyond existing roads or trails within environmentally sensitive areas require
placement of plywood sheets over plants. The Contractor, will at all times provide safe
passage to pedestrians using the lagoon trail.
If access to the work area is made through property other than the street right-of-way,
or sewer easement] Contractor shall first obtain written permission from the
property owner of the property and file with the City of Carlsbad.
H. Traffic Control and Public Safety
Any barricades] warning signs, lights, or flagmen required to protect the public shall
be furnished, installed and removed by Contractor. They shall be supplied in
conformance with the latest edition of the “Manual of Traffic Controls”, California State
Department of Transportation. All Traffic Control plans shall be submitted to the City
Engineering Department prior to working in Public Rightaf-Way.
At no time shall an open access hole be left unattended or without a sufficient barrier
installed to protect the public.
Full compensation for maintaining traffic (traffic control) shall be considered as
included in the contract price paid for the cleaning of the various sizes and types of
sewer pipe, and no additional compensation ~.4l be allowed.
I. Acquisition of Water
Water acquisition shall be arranged though the City’s Operations and Maintenance
Division. Any connection the public water system shall be made through the
permission of the City. All operation of valves in the public water system shall be done
by authorized City staff only. Connection to the public system will require City
approved backflow device. The City shall provide water for this project at no cost to
the Contractor.
J. Pre-bid Walk Throuah
The City of Carlsbad will conduct a mandatory pre-bid walk through, walking the
entirety of the facility. This will allow Contractors to become acquainted with the
conditions and difficulties in the performance of this contract. No additional
compensation or relief from any obligations under this contract will be granted
because of lack of knowledge of the site or conditions under which the work will be
accomplished.
e= ts Revised 10/08/03 Contract No. 3538-1 Page 27 of 34 Pages
K. Notification
Contractor shall provide signs at all trail access points notifying the public of this project
and its schedule. See Appendix No. 5.
5. CLEANING REQUIREMENTS
A. Cleanina Equipment
Combination of high-velocity hydro-cleaning and vacuum removal equipment shall be
utilized and shall have the following features as minimum:
1) A minimum of 900 feet of l-inch diameter high-pressure hydro flushing hose.
2) Two or more high-velocity nozzles capable of producing a scouring action from
15 degrees in all size lines to be cleaned. Nozzle skids shall be used for the
appropriate size of pipe being cleaned.
3) Root cutter attachment(s) sufficient for 15-inch, 18-inch, 21 -inch and 24-inch diameter pipe.
4) A high-pressure handgun for washing and scouring manhole walls, channels,
shelves, and manhole cover frames.
5) A 1,500-gallon minimum water tank, pump, and a hydraulically driven hose reel.
6) Equipment operational controls located above ground.
7) Minimum working pressure of 1,200 pounds per square inch at 60 G.P.M. rate.
8) Two (2) two-way handheld radios for communication at work site.
The limited accessibility to the many of the access holes along with the
environmentally sensitive nature of the work area will require the Contractor to use the
most appropriate technology for the cleaning and removal of debris. All methods and
means of cleaning, removal of debris and accessing the access holes shall be
submitted for the approval of the Engineer prior to implementation.
B. Cleanina Procedures
During sewer cleaning operation, satisfactory precautions shall be taken in the use
cleaning equipment to ensure that the water pressure or head created does not
damage or cause flooding of public or private property being served by the sewer.
The designated sewer line segment will be cleaned using high-velocity jet. The normal
cleaning operation shall be to jet from the downstream manhole toward the upstream
manhole thereby pulling any debris back to the downstream manhole.
*= %# Revised 10/08/03 Contract No. 3538-1 Page 28 of 34 Pages
Selection of the equipment used will be based on the conditions of the sewer lines at the time work commences. The equipment shall be capable of removing dirt, grease, roots and other materials and obstructions from the sewer lines and manholes. If
cleaning of an entire section cannot be successfully performed from the downstream
manhole, the equipment will be set up on the upstream manhole and cleaning will
again be attempted. If successful cleaning again cannot be performed or the
equipment fails to transverse the entire manhole sections, it will be assumed that a
major blockage exists and the Service Provider will notify City of Carlsbad
representative(s) of this condition immediately for further instructions. Pullback rate on
jetting shall not be greater than three feet per second.
The cleaning method shall be to jet from the upstream manhole downslope for
washing purposes on pipeline segments with extremely steep slopes where the jetter
nozzle fails to climb to the upstream manhole. Then to jet from the downstream
manhole upslope so that the cleaning directions overlap. Water for cleaning will come
from the closest available fire hydrant.
D. Access Hole Cleaning
Access hole interior walls and shelves shall be high-pressure washed, removing
sediments, residues and loose corroded material. Access holes shall be vertically TV inspected after high-pressure washing. The Contractor shall prevent debris from the access hole cleaning from entering the pipeline. It is not the intent of this project to
remove all corroded material of the access hole structures.
E. Material Removed
The Service Provider shall be responsible for the removal of debris from the pipeline and cleaning and/or recleaning the pipe wall to Engineer’s satisfaction as proven by the closed circuit television (CCTV) video. All sludge, dirt, sand, rocks, roots, grease and other solid or semisolid material resulting from the cleaning operation shall be
removed at the downstream manhole of the section being cleaned. Passing material
from manhole section to manhole section, which may cause line stoppages, shall not
be permitted.
F. Material Disposal
Liquid shall be decanted and drained back to the sewer. All solid or semisolid resulting
from the cleaning operations will be removed from the work site and disposed of at no
added cost. All materials will be removed from the work site at the end of each
workday. Under no circumstances will the Service Provider be allowed to accumulate
debris, etc. On the site of work beyond a single workday, except in totally enclosed
leak and odor-proof containers.
The Contractor shall be fully responsible for disposing of all solids and semi-solids
resulting from the line cleaning in accordance with all applicable local, state, and
federal regulations. Manifests shall be provided to the Engineer for all disposed
material.
The Contractor shall log all debris quantities and identify where the pipe section debris
was removed from.
4- \# Revised 10/08/03 Contract No. 3538- 1 Page 29 of 34 Pages
t
G. Root Removal
6.
Roots shall be removed in the sections where root intrusion is a problem. Any work
done to remove roots in a section shall be documented in the report. Documentation
shall include the locations in the pipe segments where roots were removed and the
procedure] which was used. Digital photos of each of these areas shall be included in
the report and identified in the DVD recording.
H. Mineral Deposit Removal
Mineral deposits, which have accumulated on the interior surface of the pipeline, shall
be removed with appropriate tools approved by the Engineer. Care shall be taken not
to damage the pipeline.
I. Crew Size
Service Provider shall provide a minimum of a 3-person crew at all times, one person
shall witness the jetting nozzles reach the upstream manhole. A crew of three shall be
utilized for all work in confined spaces. Additional personnel shall be utilized when
needed for easement work.
I
SEWER LINE VIDEO INSPECTION
A. General
Contractor will furnish all labor, materials, equipment and incidentals necessary for the
video inspection of various lengths and sizes of sanitary sewers cleaned as a part of
this Specification. Sewer lines are typically VCP (Vitrified Clay Pipe).
Reverse setups (i.e.] resetting the inspection equipment to begin inspection from the
opposite manhole due to obstruction, etc.) shall be the responsibility of the Service
Provider. In the event that the CCTV camera encounter broken pipe or other
conditions where there is a possibility that continuation of the inspection could cause
the camera to become stuck or result in additional pipe damage or collapse, it is the
responsibility of the Service Provider to discontinue the inspection and notify the City
of Carlsbad immediately.
B. CCTV Inspection
A color video recording on high-quality DVD in standard mode shall be made of
television inspection and submitted to Engineer along with the required Inspection
Report and log sheets. A CD with digital photos of all defects in the pipeline and
access holes (jpeg format) shall be provided as part of the report.
e=
Revised 10/08/03 Contract No. 3538-1 Page 30 of 34 Pages
C. CCTV Eauipment
7.
CCTV equipment shall include video cameras, a video camera, a video monitor,
cables, power sources, and all equipment necessary to perform a CCTV inspection
per the Contract Document. A backup camera shall be provided onsite at all times and
the camera shall be specifically designed and constructed for the sanitary sewer. The
camera will be operative in 100% humidity conditions. CCTV inspections shall be
performed using Pan-and-Tilt camera (with a minimum of 360x270-degree rotation)
video system. The camera and video monitor shall produce a minimum 460 lines of
resolution or digital equivalent. Illuminating sensitivity shall be 3 lux or less. During
inspection, lighting intensity shall be adjusted to minimize reflective glare. Lighting and
picture quality shall be adjusted to provide a clear, in-focus picture of the entire
periphery of the pipeline for all conditions encountered.
Manual winches, power winches, TV cable powered rewinds or other devices that do
not obstruct the camera view or interfere with proper documentation of the sewer con-
ditions shall be used to move the camera through the sewer line. Whenever non-
remote powered and controlled winches are used to pull the television camera
through the line, telephones, radios or other suitable means of communicating, will be
set up between the two manholes of the section being inspected to ensure that ade-
quate communications exist between the members of the crew.
Service Provider shall have camera cables, power cords, and ancillary equipment
capable of recording reached of up to 1500 feet in one direction.
The contractor shall use equipment specially designed and constructed for sewer
pipeline inspection and televising. A footage counter shall be accurate to within two
(2’) feet f in 1000 feet, and shall be indicted on the monitor. Also displayed on monitor
shall be date of inspection, and a continuous forward and reverse readout of camera
distance from the access hole of reference.
D. Hours to Televise
Normal hours of sewer pipeline television inspection will be between 9:00 p.m. and
6:OO a.m., Monday through Friday, unless otherwise specified or approved by the
Engineer or his designee.
DVD shall be new, color, and high quality in Digital format.
All digital recordings shall be turned over to the Engineer.
VIDEO INSPECTION PROCEDURE
The television inspection, monitoring and recording shall be performed by technicians with proven experience records and the contractor shall, if requested, furnish qualification details
, for each technician.
Inspection sequence shall follow a pre-approved plan and schedule.
The contractor shall calibrate his measuring device with a known distance (Le., access hole-
to access hole or some other known distance).
e* +$ Revised 10/08/03 Contract No. 3538-1 Page 31 of 34 Pages
8.
9.
The camera shall be moved through the pipeline in a downstream direction, unless otherwise
approved or directed by the Deputy Public Works Director or his designee. Maximum rate of
travel shall be thirty (30') feet per minute when recording.
At all points within the pipeline or access hole showing defects, connections and pipeline appurtenances, the contractor shall stop the camera, rotate or tilt camera lens, to ensure adequate video coverage and provide audio commentary.
The camera shall be stopped and/or backed up to view and analyze conditions that appear
unusual or uncommon to a storm drain in good condition. A still color picture will be taken and
attached to the written report to show the condition and location of the identified connection or structural failure. There shall be no loss of video quality at any time.
As video is being produced, the technician shall provide and record an audio narration of the
inspection, to include identification of the storm drain location, identification of starting and
terminating access holes, inspection direction, and complete descriptions of the pipeline
conditions as they are encountered. The audio portion of the videotape shall be free from electrical interference and background noise. Audio dubbing after the inspection will not be permitted.
If the camera cannot pass the entire pipeline reach from its starting direction, the reach shall be inspected as much as possible from both directions. The inspection logs for the reach shall include an identification of the nature and location of the blockage. The contractor shall
notify the Engineer immediately of any such obstruction so that it may be verified and/or
repaired.
Recordings showing debris on the lens, condensation, or otherwise poor image quality shall be cause for rejection and may necessitate retelevising at the contractor's expense.
DEFECT CLASS I FI CAT1 0 N
During inspection, the monitoring technician shall, in addition to hidher audio and video recording, record of conditions, log in writing the location of all access holes and lateral
connections, all indicated leaks, cracks, root intrusions, unaligned pipes, dips, deflected
joints, collapsed sections, deposits and other conditions or data pertinent to the physical
condition of the storm drain. Conditions and defects shall be located by footage counter and
video clock reference.
REPORTING REQUIREMENTS
The contractor shall submit videotapes and computer generated written reports summarizing
all defects and conditions specified in defect classification. Report log sheets shall include all
information and be in consistent format with those provided in Appendix No. 2 and Appendix No. 3.
All pipe sections and access hole identification numbers shall comply with those represented
on Appendix No. 4 of this contract.
4- %# Revised 10/08/03 Contract No. 3538-1 Page 32 of 34 Pages
IO.
11.
All DVDs shall be labeled (on the disk and also on the disk storage carton) with the following
information:
0 DVD number
0 Date of inspection
0 Name of contractor
0 Pipe size and material
0
0
0
Written reports and audio comments on the inspection DVD shall include the following information:
Number of upstream access hole Number of downstream access hole Project Name and Contract Number
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Numerically ordered list of pipe segments Date and time of inspection Estimated flow depth Name of contractor Names of operating technicianhspector
Pipe size, material and length Number of upstream access hole Number of downstream access hole Direction of inspection and videotaping tape number Observations, comments and recommendations referenced to footage counter and video
clock number. Audio comments shall be made at all defects and points of interest in the pipeline and access hole video. Assessment of pipeline and access hole condition Identify size and location of all lateral connections to the pipeline or access holes.
Use access hole inspection report sheet provided
WORK IDENTIFICATION
All contractor field representatives will wear a uniform that identifies the company and a
safety vest to highlight their presence near a vehicle traffic area. Traffic control will be the
responsibility of the City of Carlsbad street maintenance division.
DELIVERABLES
Deliverables shall comply with requirements within this Technical Specification. The following is a list of the required deliverables and the quantities.
A. Four (4) hard copies of pipeline and Access Hole Inspection/Assessment Report.
B. Two (2) digital copies on CDs (MS Word) of Pipeline and Access Hole
Inspection/Assessment Report.
C. Two (2) digital copies on CDs (jpeg format) of photos identifying defect and point of
interests.
D. Three (3) digital copies (DVD) of n/ inspection.
E. Two (2) hard copies of debris removal log sheets.
em
Revised 10/08/03 Contract No. 3538-1 Page 33 of 34 Pages
12. PAYMENT
Measurements for payments shall be based on the following schedule: Line cleaning and
television inspection of the sewer lines shall be paid at the unit bid price per linear foot.
Measurement of the actual number of feet cleaned and televised shall be made from the
center of the access holes. Access hole cleaning and inspection shall be paid at the unit bid
price and the video and inspection report payment shall be paid as lump sum at the
satisfactory completion of the project. Payment for all other work necessary to complete the
work specified within this contract shall be considered incidental and included in the
payments for the bid items identified.
e-= %# Revised 10/08/03 Contract No. 3538-1 Page 34 of 34 Pages