HomeMy WebLinkAboutNational Plant Services; 1998-03-17; 34521CCITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL
PROVISIONS
f-
FOR
VISTA/CARLSBAD INTERCEPTOR
SEWER LINE CLEANING CONTRACT
CMWD PROJECT NO. 97-108
CONTRACT NO. 34521C
March 17,1998
3117198 Contract No. 34521C Pane 1 of 68 Pages
TABLE OF CONTENTS
Paae
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a
BID SECURITY FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT
OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOR/LESSOR &
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR’S BID . . . . . . . . . . . . la
DESIGNATION OF OWNER OPERATOR/LESSOR &AMOUNT OF OWNER
OPERATOR/LESSOR WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . ..I............ 21
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
BIDDER’ S STATEMENT OF RE-DEBARMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMIlTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
CONTRACT PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34
FAITHFUL PERFORMANCE/WARRANTY BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 1, GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
TECHNICAL SPECIFICATIONS FOR VlSTAlCARLSBAD INTERCEPTOR LINE . . . . . . . . . . . . . ...63-68
CLEANING CONTRACT
G 3/i7/98 Contract No. 3452 1 C Page 2 of 68 Pages
INFORMATION FOR CONTRACTOR
*- A. To Obtain A Copy Of Plan Holders List
Phone (760) 436-3367 Ext. 128
B. Questions Pertaining to Contract Documents and Technical Specifications
Randy Klaahsen
Associate Engineer
Phone (760) 436-3367 Ext. 123
William Plummer
District Engineer
Phone (760) 436-3367 Ext. 126
/-
Contract No. 34521C Page 3 of 68 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village
Drive, Carlsbad, California 920061989, until 4:00 P.M. on the 30TH day of April, 1998, at
which time they will be opened and read, for performing the work as follows:
VISTAICARLSBAD INTERCEPTOR SEWER
LINE CLEANING CONTRACT
CMWD PROJECT NO. 97-108
CONTRACT NO. 34521C
The work shall be performed in strict conformity with the specifications as approved by the City
Council of the City of Carlsbad on file with the Water District Enaineerina Department. The
specifications for the work include the Standard Soecifications for Public Works Construction (1997
Edition. and suoolements thereto.) all hereinafter designated “SSPWC” as issued by the Southern
California Chapter of the American Public Works Association and as amended by the special
provisions sections of this contract. Reference is hereby made to the specifications for full particulars
and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
/- The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder’s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to
the provisions of law (Public Contract Code section 10263) appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retentions under this section in an amount not less than
$100,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed, properly
executed and notarized are:
/-
Contract No. 34521 C Page 4 of 68 Pages
,-
1. Contractor’s Proposal
2. Bidder’s Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
6. Bidder’s Statement of Financial
Responsibility
7. Bidder’s Statement of Technical Ability
and Experience
a. Certificate of Insurance
9. Bidder’s Statement Re Debarment
1 O.Bidder’s Disclosure Of Discipline Record
11 .Purchasing Department Representation and
Certification
12.Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is
$100,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of
California state law. The contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. The following classifications are acceptable
for this contract: Class C42 in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
>- Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of
$30 per set. If plans and specifications are to be mailed, the cost for postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a coy of which will
be mailed or delivered to each person receiving a set of the contract documents. No addition to, or
modification of or interpretation of any provision in the contract documents will be given orally nor
may any bidder rely on oral directions.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
employed by him or her in the execution of the Contract.
Contract No. 34521C Page 5 of 68 Pages
,-
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and
Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer” for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A mandatory pre-bid meeting and tour of the project site will be held on date: Thursday April 2Zd,
1998 time: 9:00 a.m. location: Carlsbad Municipal Water District, 5950 El Camino Real, Carlsbad,
CA 92008.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verity the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
,F-
Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%)
respectively, of the Contract price will be required for work on this project. These bonds shall be
kept in full force and effect during the course of this project, and shall extend in full force and effect
and be retained by the City until they are released as stated in the Special Provisions section of this
contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to
transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article IO (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within IO calendar days of
the insurer’s receipt of a request to submit the statements.
:-
Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s Key Rating
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in
the State of California by the Insurance Commissioner. Auto policies offered to meet the
specification of this contract must: (1) meet the conditions stated above for all insurance companies
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for “any auto” and cannot be limited in any manner.
43 3/i7/98 Contract No. 34521C Page 6 of 68 Pages
Workers’ compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best’s rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers’
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 98-74, adopted
on the 17th day of March, 19%.
[fich 19; f99.l
Date Aletha L. Rautenkranz, City Clerk
Contract No. 34521C Page 7 of 68 Pages
CITY OF CARLSBAD
CONTRACT NO. 34521C
CONTRACTOR’S PROPOSAL
City Council
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008
NATIONAL PLANT,@WlCE& INC.
1461~AWE
LONGBEACH,CA 90813
The undersigned declaies he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and
hereby proposes to furnish all labor, materials, equipment, transportation, and services required to
do all the work to complete Contract No. 34521C in accordance with the Plans, Specifications,
Special Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
BID SCHEDULE
Item
No. Descriotion
Approximate
Quantity Unit Unit and Pric.Q Total
I The work shall include all labor
material, tools, equipment,
mobilization and incidentals
necessary for the pre-cleaning television inspection of VC1 , VC2, and VC3 as specified in the bid documents and as shown on Exhibit 1. The approximate length of pipeline is 12,316 feet.
HlrdJ2n FwLc45fk I
12,316 If Total $ It ,5m oL)-
-per Linear Foot
2 The work shall include all labor 10,299 If $ht Total $ 9.6 @LOG
material, tools, equipment, mobilization and incidentals necessary for the pre-cleaning .
television inspection of VC1 3, VC14, and VC1 5 as specified in the bid documents and as shown on Exhibit 1. The approximate length of pipeline is 10,299 feet. pl\Eltty #a3L Ctw- I
m per Linear foot
‘3 3/17/98 Contract No. 34521 C Page 8 of 68 Pages
Approximate Ite,n Quantity Unit No. DescriDtion Unit and Price Total
3 The work shall include all labor s&i& If $-bt Total $ 47.64 1. & material, tools, equipment, mobilization and incidentals $176
necessary for cleaning of VC1 , VC2, and VC3 as specified in the bid documents and as shown on Exhibit 1. The approximate
length of pipeline is l?$+6=fee; ruu .Dodwb PlJO Thr& &(a3
Z&s per Linear Foot ‘*
4 The work shall include all labor material, tools, equipment, mobilization and incidentals necessary for cleaning of VC1 3, VCl4, and VC15 as specified in the bid documents and as shown on Exhibit 1. The approximate length of pipeline is 10,299 feet. Iroo,a bOu&!b AN!3 EJd& ck
s per Linear Foot
10,299 If $J140 /fi
$!@& Total $ 3 .soo.oo 5 The work shall include all labor 100 If material, tools, equipment, mobilization and incidentals necessary for clam shell bucket cleaning any portion of VCl,
VC2, VC3, VC13, VC14, and
VC1 5 as determined. The quantity
of this cleaning method is not known,
but will be used if it is determined
that it is necessary from the pre-cleaning television inspection. Do not include this in the total amount of bid. 1
B per Linear Foot
Total amount of bid in Bid Schedule in words not including Item 5 P]@@‘& &tie WSm 1
Total amount of bid in:Bid Schedule in numbers not including Item 5: $ qC)13bL(**
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). proposal. re included in this
NAflo~pLANTSBwICES,li:C.
1461 HARBORAVENE
lONGBEACH,CA Y"
Contract No. 34521C Page 9 of 68 Pages
. .
.C
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorire award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that is licensed to do business or act in the capacity of a contractor within the State
license number N/44 4I503J
licensed under
J3 ,
, classification which expires on
. and that this statement is true and correct and has the legal effect
an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a. contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City Q 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Q 20104. Public Contract Code
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is. personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees’has inducted
him/her to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is cam lm-
or Cashier’s Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond
The Undersigned is:aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.
NATIONAL PlANi SERVICES, IK. 1461 HAfBOR AVENIE p’? Fc?rq (y (-fin-‘,’ \ . . . . M”.,,,Jl,, 8, I.
‘3 3117198 Contract No. 34521C Page 10 of 68 Pages
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business (Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP. SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
‘r8 3/l 7J98 Contract No. 34521 C Page 11 of 68 Pages
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted N 9ti soR\J\Lps.T~.
IL(6c &YUa h. bti% bw& ,cA I
(2) ( Mature)
nuti (Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of &*o~
(4) Place of Business IW c5a-ew hduc by m. a 9-n
(Street and Number) ”
City and State /LQg cab ,cA-
(5) Zip Code % et3 Telephone No. 56a* e40-7Go3
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
Jmwd.Kefr- +m \ckcrs
C&bL 0 ‘bo)rNtiL -rww
NATlONALPLANTSERVICES,INC. 1461HARBORAVEN~!E
43 Contract l.m No. Ewl, 1 C CA 3117198 -3452 sx 12 Page of 68 Pages
I
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
BID BOND NO. 8 SB 122147 BCM
KNOWALL MEN BY THESE PRESENTS,
Thar we, NATIONAL PLANT SERVICES, INC.
1461 Harbor Avenue
Long Beach, California 90813-2741
as Principal, heteinafrer called the Prhtclpal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of
Hartford, Connecticut, a corporation duly otganized under rhe laws of the state of Connecticut, as Surety, hereinafter called rhe
Surety, ate held andfIrmly bound unto
CITY OF CARLSBAD, CA
as Obiigee, hetelnafier called the obiigee, in the sum of Ten Percent of Bid Pn’ce - - - - - - - - - -Dollars (IOYo) for the
payment of which sum well and truly to be made, the said Principal and the said Surety, bind o&selves, out heirs, executors,
administrators, successors and assigns, jointly and sevetally,Y,tmiy by these presents.
WHEREAS, the Principal has submitted a bidfot VISTA-CARLSBAD INTERCEPTOR SEWER LINE
CLEANING CONTRACT. PROJECT CWWD - PROJECT
# 97-108 CONTRACT NO. 34521C
3W, THEREFORE, if the Obligee shall accept the bid of the Principal und the Principal shall enter into a Contract with the
-‘bligee in accordance wlth the termr of such bid, and give such bond or bonds as may be specified in the bidding or Contract
-.ocumenb with good and sufflcienr surety for the faithful performance of such Contract and for the prompt payment of labot and
material furnished ln the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, i/ the Ptlnclpal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount
specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the
Work coveted by said bid, then th& obligation shall be null and void, otherwise to remain in fullforce and effect
Signed and sealed this 30th day of April, 1998.
I :
%f~ld - i I’ ’ , / /L@~~[
(witness) 7 i/
sualty And Surety Company Of America
. . .
n
\ (witness)
o,,, ~J!di &
Grace Viiiatteal, Attorney-In-Fact
<inted in cooperation with the Amtrican institute of Architects (AIA) by Trovelets Casuaity And Sure9 Company of America. The language
in the document conforms txactly to tht languagt used in AIA Document A310, February 1970 edition . (S-1869-G-I) (7-97)
c
,
1 .
f? .:
t
-- J
. r
STATE OF ILLIlOIS ) ICAROL l?. TASCIOTTI a Notary Public in and for said County and
WILL ) Ss itate, do hereby certify that Resident COUNTY OF 1 Vice President, and Resident Assistant
s-2429 (07.97)
~~tarv, EVONNE BROWN Attorney-in-Fact, of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, who is personally known to me to be the same person - whose name iS subscribed to the foregoing instrument, appeared before me this day in=n, and acknowledged that he - signed, sealed and delivered said instrument, for and on k%f TRAWLERS CASUALTY AND SURETY COMPANY OF AMERICA, for the uses and purposes therein set forth. Given under my hand and notarial seal, this 1lTH day of JUNE 1998 .
/4&
Notary Public
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA I Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
Kh\rW ALL MEN BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a
covration duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford,
County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make,
constitute and appoint Dwight F. Miller, David C. Banks, Janice 6. Kaplan, Kevin P. Nagel, Julie A. Jopes, Jeffrey S.
Malecek, Terry J. Reckamp, Lorraine Pozezinskl, Eileen Lucitt, Carol Tasciotti, Ann Waters, Evonne Brown, Adele
M. Korczak, Grace Villarreal, Jane Bronson, Gail Schroeder, Craig Goesel, Jeffrey A. Zehr, Rebecca L. Dauparas,
Barbara J. Bailey or Chad Berberich * l
of Lisle, IL, its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s): by his/her sole s’ignature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same
extent as if, the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are (
hereby ratified and confirmed.
. T.iis appointment is made under and by authority of the following Standing Resolutions of said Company, which Resolutions
art; now in full force and effect:
WTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any
Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any
A! Lant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attomeys-in-
Fapa and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate
Of .thority may prescribe to sign with the Company’s name and seal with the Company’s seal bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or, the Board of Directors may at any time’ remove any such appointee and revoke the power and
authority given him or her.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or
conditional underiaking shall be va!id and binding upon the Company when (a) signed by the Chairman, the Vice Chairman,
the President, an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice
President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident
Vice President, and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary or by a Resident
Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or
(b) duly executed (under seal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their
certificate or certificates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority oT the
following Standing Resolution voted by the Board of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice
President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any
Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to
any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fad for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any
such power pf attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the c- ‘any and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and
b ng upon the Company in the future with respect to any bond or undertaking to which it is attached.
@W
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Senior Vice President, and its corporate seal to be hereto affixed this 2nd day of February, 1998.
&ATE OF CONNECTICUT )ss. Hartford
COUNTY OF HARTFORD
George W. Thompson
Senior Vice President
On this 2nd day of February, 1998, before me personally came GEORGE W. THOMPSON to me known, who, being by me
duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, the corporation described in and which executed the above instrument: that he/she knows the
seal of said corporation: that the seal affixed to the said instrument is such corporate seal: and that he/she executed the said
instrument.on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof.
My commission expires June 30,200l Notary Public
Marie C. Tetreautt
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a stock
corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and.
Certificate of Authority remains in.full force and has not been revoked; and furthermore, that the Standing Resolutions of tht: Board of Directors, as set forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this Jot h day of Apri I , 1998 .
Rose Gonsoulin
Assistant Secretary
s-2435 (745)
BID SECURITY FORM
(Check to Accompany Bid)
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance
coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The
proceeds of this check shall also become the property of the City if the undersigned shall withdraw
his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless
otherwise required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages
shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount
of the bid.)
‘2 3/17/98 Contract No. 34521C Page 13 of 68 Pages
BIDDER’S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, as Principal, and
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:’
(must be at least ten percent (10%) of the bid amount) for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
VISTAKARLSBAD INTERCEPTOR SEWER LINE CLEANING CONTRACT
CMWD PROJECT NO. 97-108, CONTRACT NO. 34521C
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
@ 3117198 Contract No. 34521C Page 14 of 68 Pages
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond. rC
Executed by PRINCIPAL this day
PRINCIPAL: SURETY:
Executed by SURETY this day of
,19 *
-. (name of Principal)
By:
(sign here)
(name of Surety)
(address of Surety)
(print name here)
(Title and Organization of Signatory)
By:
(sign here)
(print name here)
(telephone number of Surety)
By:
(signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JANE MOBALDI
Deputy City Attorney
C
Contract No. 34521C Page 15 of 68 Pages
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the Special Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract
Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section l- 2 of the Special Provisions especially “Own Organization” and “Owner Operator/Lessor.” Bidders are
further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these
Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct information may
result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50
percent of the work by other than the Contractor’s own organization will be rejected as non-
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Owner
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the
work.
All items of information must be completely filled out.
,-- Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor the
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in
the line of the form must be entered under the column “O/O of Item by Sub” or “O/O of Item by O+O”
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid
item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid item
that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport for materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case
may be, installing them. The value of material incorporated in any Subcontracted or Owner
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any part
of the portion of the work that the Contractor is required to perform with its own organization. . .
The item number from the “CONTRACTORS PROPOSAL” (Bid Sheets) shall be entered in the “Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The number of additional form pages shall be entered on the first form page of
each type so duplicated.
43 3117198 Contract No. 34521C Page 16 of 68 Pages
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If
using this option the Bidder must indicate the bid item numbers to which the-information in the row
pertains. This option may not be used where the subcontractor or Owner Operator/Lessors constructing or installing lessTan 100 percent of a bid item. The percentages and dollar amounts
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation of
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are proposed
to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and these Special Provisions. The decision of the City Council shall be final.
‘3 3117198 Contract No. 34521C Page 17 of 68 Pages
rIr3lr~rlALA’~1L UUIILVLJ, 1I.J.
1461HAfU30RAVENUE LONGBEACH CA %!!I13 DESIGNATION OF SUBCONfRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
Complete Address: Street
City State Zip
Telephone Number plus Area Code:
California State Contractors License No. & Classification:
Carlsbad Business License No.:
OWNER OPERATOR/LESSOR BID ITEMS
Amount of Item Amount of Item by Okerhead 8 Profit
Exolanation: Column 1 - Bid Item No. from the bid proposal, pages Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages Page ’ of pages of this form
?a 3117190 Contract No. 34521 C Page 18 of 68 Pages
rmlru~wLCAJur1 ULIIUIULU, ILlU.
_ . . ‘. . 1461 HARBORAVWUE .t.
BIDDER’S STATEMENT OF FI L N If!4 BEACH,CA 90813 A CIAL RESPONSIBILITY
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
&N&L QbweizwMas ,3x. IS A rcbc;rG& &we (wqM+* I
vt$ 3117198 Contract No. 34521C Page 20 of 68 Pages
lrnIl’Jld-LCm~I &l-lrrui3, IlaW.
1461 HARBOR AVENUE
BIDDER~%l~~~88F
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date
Contract Name and Address
Name and Phone
No. of Person Type of to Contract Work 1 Contract
=y-$~,*
-*a-, I S&WCAB--7V O- - 3C”-a&,~ +34,wfl
6.L J p,Sm7.~
Completed
I
I - . 1-
of the Employer
Contract No. 34521C Page 21 of 68 Pages
BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page.
1. Certificates of insurance showing conformance with the requirements herein for:
Comprehensive General Liability
Employer’s Liability
Automobile Liability
Workers Compensation
2. Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must: (1) meet the conditions stated in The Notice Inviting
Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this
project for each insurance company that the Contractor proposes, and (2) cover anv vehicle used in
the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
Contract No. 34521C Page 22 of 68 Pages
:-~q~q,lrl,,:::;:I:;~~~!~!:~~~b;ii:~~~~fCsC~~~~~G~:i..-.:.-:,i:, .::j. . . . . : ,. . i . . : .,.... ,. ‘:.:i.::..:::i:i: .: . . ..: : ,.... . . . . ...> :.:.:.: .:,: :;: ..(, .I’. :; :::,:: i:::.:;::,::.,.,.: j::.? :‘:.:::::.::(:::: .:.::‘.::.:.: ,.: ;y . . . . .: ,::.. :...>:.:.:: :p:;. ..: ,, ..“. . . . . . . . . . . . . . ..~...~ .:...:. >:.;.: ;,;X.~.~,,.,;..r,;,; ::::r: ,. ., . : ,, ,, ,, ~, ;,, _ .,:.; :y.. ., ,,:,; ; ..:.Y i ; .: . . . ..“:::.‘:‘ic . . . . . . . . . . . . I~....,.,.,A. ...l....._..c_ . . ,...,...,......//...,. x?..:;...:.:‘; . . . . . . ,. ., ::, ,, i.. .‘.:~~~::.::~.:::_i,~:l,::.~:,::~.;:.:,:, ,:, :j,; :,. ..: .‘.‘.. mooucm Ttils CERTIFICATE IS ISSUED AS
Service Insurance Agency CONFERS NO RIQHTS UPON THE CERllFlCATE HOLDER. THIS CERl’lFlCAlE DOES NOT AMEND, EXTEND OR ALTER THE COVERAQE AFFORDED BY l-HE 1655 N Arlington Heights Rd POLICIES BELOW.
- rlington Heights, IL 60004 8471870-0400 Fax(847)870-0562 COMPANIES AFFORDING COVERAGE
:gAM A RELIANCE INSURANCE COMPANYf;
Ck-
tkuRE0 COMPANY B L-
NATIONAL PLANT SERVICES, INC. CoMPbbJY c
1461 HARBOR AVENUE cmER
LONG BEACH, CA 90813-2741 . COMPANY -D
,.:.::...:.: '..,.( ::~.:::::,~,ii::i:::j:" :::i" ..,. :.... :... . . . . . . . . yava:,': -: i::~ ::ii:: ::::y::: .i, :.. ,..... . . . . ..)..........., ,,~:::::x:.:-:.:. .>,.:a .A., ..,. . . . ,.... ,. '.'.' ".'.':-'.:.:-:.::;:::::::i :,:, ~~ :,:,:.:,:..,... ;:>> :.:.: .':::';,:::: .~: :: ::.j,>.: ::: ::j :..:: : :' : : ,:,:.,., :,.,..:. T:'::.:.:.: ..: y.:.: .:. .:-:: .., ,.. . . . . . ,.... . . . . :.:.:.: :.:.'.:.:.:'.A:;.:,: : . . . . . .,...,. .,., . . . . . . . . . . . . . . . . . . . . . . . . . . . . :...:.:.:.:.:.:. .:,..:.:.)'.' :.:.:.:, .,,,.,.,.,.,.:.) :,: : . . . :.:...:,. ..: .:.::. . . . . . . .,.:, .,.,,, . ...,. /. : : : : : ;. :.:.... .:,~:~:::::.::y::::::::::::::.::::.~~.:.:.:: :.:.i:,:.:.:.~ :;;: ::..; .;:.; :.::,.: :.: : :.:.:.:,:.: ~ ., ~,.) :.:.,.. . . . . . . ,,, ,. ,.:.A: . . . . :>:.):A.::.:: ..,... ::..i... ., ,. ., ,.,., ,.,.,,,, : . . . . .A.. .: ': j ,...: ,,,.,. . ~.~...'.:-i..~....~... ~.~.~....,.,.,.,.,~ .:.::.::,.,y .' :..'. . ':':':.:.:.:.:.:.::'::.:.::::::::::..~.',.~,.~ ,.,.,.,.,._,,,,., ,:..\,),,j: ;. .:: :.:: ,.,:,, .,:: ,, : ..,._ .:.... ,.,.,,..,....,..,._.....,..,., ,.
THIS IS TO CERTIM THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCXS OESCRISEO HEREIN IS SUBJECT TO AU THE TERMS,
EXCLUSIONS AND CONDITIONS OF .S
>i
It; ~OTwwnAMu
prn~uruun
: x ~CoMMWClAL-LUBLr?Y
H POUCIES. LIMITS SHOWN MAY HAVE BEEN. REDUCED BY PAID j%tlMS.
I mucYwmm wlcYEREcnve MucYExmAm
DATE (MMloom DAlz 0 LuTa
VWE4WSE ; :.
Q&AQc4EQATE s 3,000,000 PRODUC~~AQQ. s 3,000,000 PERSON& am. PUJRY s 1,000,000 EAcHoccwIRaJQ s 1,000,000 FRkQE(Anyawfk.) S . . 100,000
MED. EXPENSE (h-q OM pmon) s 50,000; COMBINED SINQLE LMIT s 1,000,000
;, c4AMsMADE x OCCUR.
iowEuS6 ComRAcTm PMT.
j X,;2CZ : INCLUDED
A-Lcu&Bulv ..,. . L: x IANYAJJTO
: ALL OWNED AUTOS
- ;scNEMR.EoAuTos
x ; HIRED AUTOS
x ; NOKOWNED AUTOS
GARAOE LlABmY
: j
~EXCESi UMUlV : ._
ii x ;UMawAFCCM
OTHER TNAN UMWIELIA Fa
wonllmr commaAm
). AND
EwwYms-umuw
omm
.
scnmorc of ommAnoNY VISTA/CARLSBAD 11 #97-108/CONTR. #:
:1 #O/31/97 10/31/98
:1 ,0/31/97 10/31/98 li
./
*o/31/97 10/31/98
BODILY lN.uRY (P.f Fw=o S
EODlLY muRy
mr nxibno s
PROPEMYDMUOE S
EAcn OccufflplcE ) 5,000,000 AQQREQATE s 5,000,00'0
. .., . x ; STA?UTORY LIMITS
EAcH’AccloENT’ S 100,000 .
DISEME-WUCYLMK s 5oo;~ooo~ o&E-&n&PLoYEE s 100,000
m%R SEWER LZJE CLEANING &&T&T CMWD PROJECT . A WAIVER OF SUBROGATION IS INCL. FOR ALL COVS. IN FAVOR OF CITY OF CARLSBAD. ITS OFFICIALS AND EMPLOYEES. SEE ATTACHED FOR ADDITIONAL INSURED EtiTS PRIMARY WDG. & CROSS LIiiB. WDG. SmffaAm Hm&jj$:j<:'i I, ; ; i .:. .,y ~::j::~:;i .j:i.i.i'i'ji:i:i:(g.::iiljiif'i:i.j.:i:'::jiii.i :j :j cc.>: j j :. . . . . ..: ,..I, : . . . . . . .\...... . . . . ../...., ,.. . . . . . . . . . . . . . . . . . . . .:. q@J&&mp :':iiys.j,; ij::"; :;:j;;;: iiijjiii:i':ilii'j'i~~~ ':ricr,i:'i'r::'iil~~~~~,~~:~~.~::~:~~~ :,.. ; ..,. ,.,.. . . . . .,. . . . . . . . . ..;, . . . . . .:,.. ,...,.... ,. . . . . :, ,.,..
_ ‘Y OF CARLSBAD SY HALL ZOO CARLSBAD VILLAGE DRIVE iRLSBAD CA 92008-1989 1
,j SHOULD ANY OF THE PBOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
:j WPlRATlON DATE THEREOF. THE ISSUING COMPANY WILLS
,!. MAIL 3 0 DAYS WRITrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE :
.j’ LEFT,^’
:
,: AUTHORRED REM-A : 1,.
'lirlbO,a;.i....
. . ..A.. . . . . . . . . . . . . . . . . .:..,: :a~: ~,~?~j::,.i.i.i.,::.:1.:::: ij.y,i';:'i":i...,: ..'~":.i',:::~i:i::~,~~,,~~i:j.::- ~i:~.---.~:...~'--:.'.:' .' : ,j,? .i. ~,,i~.~,;.iiI,~.~_:i..~.~:1-::'.~~i,li::~'::.l:::. .f~~-‘~:'i &Co~ CmmATfON lm
Policy Nh VQ2846756
/I Named Insured: National Plant Services, Inc.
Endonmrnt*M June 15 , 1998
It is agreed that City of Carlsbad, its ofkials, employees and volunteers are added as Additional
Insureds with respect to the general liability coverage for operations performed by the Insured.
-- .- - . . ..-..-. I _ . ._ 1.
Countersigned by:
IL 1201 II 89
: : . - *3_ . .
Page 1 of 1
Policy Uuaba: VQ2846757
Named Insured: National Plant Services, Inc. muld June I$1998
It is agreed that City of Carlsbad, its officials, employees and volunteers are added as Additional
Insureds with respect to the auto liability coverage for operations performed by the Insured.
..-. _-a - - -...-..-. - ,.. _ . --... .-
Countersigned by:
6-- IL 1201 II 85
rtiM,gfi!r 1 , .:_. .. * : .., I.‘.
.
Page l of l
PRIMARY WORDING
The following wording shall be added:
The insurance afforded to the Additional fnsureds under this endorsement is primary
insurance over any other valid or collectible insurance that the Additional Insureds may
have with respect to loss under this policy. Other insurance of any Additional Insureds
applicable to loss is excess over this endorsement and the amount of the company’s
liability under this policy shall not be reduced by the existence of such other insurance,
provided, however, that this paragraph does not apply (i) to loss caused solely by the
negligence of such Additional Insureds, or (ii) to liability of the architect, its agents or
employees arising out of (1) preparation or approval of maps, drawings, opinions, reports,
surveys, change orders, designs or specifications, or (2) the giving of or the failure to give
directions or instructions by the architect, its agents or employees provided such giving or
failure to give is the primary cause of the injury or damage. The insurance provided
under this endorsement will be primary and non-contributory only if a written contract
requires it.
This endorsement shall not be binding upon the company unless countersigned by a duly
autborized representative of the company.
Countersigned by: ’
CROSS LIABILITY WORDING
The inclusion of more than one corporation, person, organization, firm or entity as a
Named Insured or Additional Insured under the policy shall not affect the rights of such
corporation, person, organization, firm or entity as respects any claim, demand, suit or
judgment made, brought or recovered, by or in favor of any employee of such other
Named Insured or Additional Insured. The policy protects each corporation, person,
organization, f&m or entity in the same manner as though a separate policy had been
issued to each. However, nothing in this endorsement shall increase the amounts of
liability beyond the amount for which the company would have been liable had only one
person or interest been named as a Named Insured, Insured or Additional Insured.
Countersigned By:
BIDDER’S STATEMENT RE-DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
yes no
2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency
period of debarment period of debarment
BY CONTRACTOR:
PkvdwgMw~,~
(name of Cqqtractor)
By: JEai&+
- (sign here) .
(print name/title)
NATlONALPLAMSERVlCES,INC.
'1461HARBORAVENUE LWr.' PUPq CA Cj(1813
‘3 3/17/98 Contract No. 34521c Page 23 of 68 Pages
/ /
.,.I ,~#,‘.m*L..l. 4-. d-4
1461 HARBORAVENCE
LONGBEACHJA 90813 BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be tiled within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period?
yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
%
yes no
3. Have any subcontractors that you propose to perform any portion of the Work evei had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two or
more times within an eight year period?
yes
>c
no
4. Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the rk ever been stayed?
yes ’ no
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the
violation and the disciplinary action taken therefor.
C (Attach additional sheets if necessary)
‘r? 3/l 7198 Contract No. 34521C Page 24 of 68 Pages
.
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe
the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(Attach additional sheets if necessary)
BY CONTRACTOR:
bctrtbw SGwr tsQfaU.~-
(name of Contractor)
By: (sign here)
zix!lwu P-l&f-, f@s-be&
(print name/title) ’
NATIOMLPLANTSERVICES,JNC:
1461HARBORAVENUE
LONGBEACH,CA 30813
3/l 7198 Contract No. 34521C Page 25 of 68 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California )
County of &S &?qc’/t?S
(Name of 8idder)
, being first duly sworn, deposes
and says that he or she is
(Title)
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penal of erjury that the for going is true and correct and
executed on the day of ,,&‘&‘I 1 Jq-&
Sign&e of Bidder
Subscribed and sworn to before me on the , 19 ‘i? $</% day of 4pb-i / /- ‘.
(NOTARY SEAL)
Signature of Notary I j \
‘r# 3/ 17/98 Contract No. 34521C Page 26 of 68 Pages
,-
.
CONTRACT
PUBLIC WORKS
This agreement is made this 21st day of August 1998, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter callid “City”),
and N &T\Ot&& f tarsi’ %&titis x whose principal place of business is
jclb\ qw3ok Ave. to* kkk CA, called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents for:
VISTAKARLSBAD INTERCEPTOR SEWER
LINE CLEANING CONTRACT
CMWD PROJECT NO. 97408, CONTRACT NO. 34!321C
(hereinafter called “project”)
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Special
Provisions, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by
this reference. .
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor’s
expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor’s performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 1997 Edition, and supplements thereto, hereinafter designated
“SSPWC”, as issued by the Southern California Chapter of the American Public Works Associatic%
and as amended by the Special Provisions section of this contract. The Engineer will close the
estimate of work completed for progress payments on the last working day of each month.
,- 5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
Contract No. 34521C Page 27 of 68 Pages
_-
work, and is aware of those conditions. The Contract price includes payment for all work that may
be done by Contractor, whether anticipated or not, in order to overcome underground conditions.
Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor’s convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the
time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
.- In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or
time required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-i 525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
3117198 Contract No. 34521C Page 28 of 68 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1 ,OOO,OOO combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents, I officers or employees are additional insured.
b. Automobile Liability Insurance: $l,OOO,OOO combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any
auto” and cannot be limited in any manner.
c. Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits
as required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) ‘Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement contain, or are endorsed to contain, the following provisions. General Liability,
Employers’ Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate .documents attached to the certificate of insurance; one for each company
affording general liability, employers’ liability and auto liability coverage. /-
43 3117198 Contract No. 34521C Page 29 of 68 Pages
--
b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not
contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s
liability.
(C) “Claims Made” Pollcles. If the insurance is provided on a “claims made” basis, coverage shall
be maintained for a period of three years following the date of completion of the work.
(D) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in
coverage or limits except after thirty (30) days’ prior written notice has been given to the City by
certified mail, return receipt requested.
(E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(F) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein. .
(H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best’s
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(I) Veriflcatlon Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor’s bid.
43 3ti7i9a Contract No. 34521C Page 30 of 68 Pages
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Special Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding.
I have read and understand all provisions of Section 11 above. l&icL (initial)
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article
2, of the Labor Code. If the Contractor does not maintain the records at Contractors principal place
of business as specified above, Contractor shall so inform the City by certified letter accompanying
the return of this Contract. Contractor shall notify the City by certified mail of any change of address
of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section
1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and the
City may be substituted for monies withheld to ensure performance under this Contract.
‘r# 3117198 Contract No. 34521C Page 31 of 68 Pages
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or othennrise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
. . .
. . .
. . .
. . .
. . .
. . .
a..
. . .
C
. . .
43 3117198 Contract No. 345216 Page 32 of 68 Pages
16. Additional Provisions. Any additional provisions of this agreement are set forth in the “General Provisions” or “Special Provisions” attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
(CORPORATE SEAL)
CONTRACTOR:
By:
/j&&g*& .& /I&&J,** fi&&k AAT- f- ,
(print name and title) ’ City Clerk
By: @4dL C’U(
(sign here)
&WCC 0 (~&dELL \ SE&
(print name and title) i
President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Be& City Attorney
3/l 7198 Contract No. 34521C Page 33 of 68 Pages
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT NO. 5907
State of California
County of Los Anqeles
On July 16, 1998 beforeme, Laura B. Busch, notary public ,
DATE NAME, T!TLE OF OFFICER - E.G.. “JANE DOE. NOTARY PUBLIC
personally appeared Dennis Keene and Carol O'Donnell 1
b personally known to me - OR -
NAME(S) OF SIGNER(S)
proved to me on- the basis of satisfactory evidence
to be the person(s) whose name(s)-&‘are
subscribed to the within instrument and ac- COMM. f: 1034313 knowledged to me that h&she/they executed
- LOS ANGELES COUNTY the same in hWhe+/their authorized
capacity(ies), and that by hi&be+ltheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
c] INDIVIDUAL
kl CORPORATE OFFICER
president and secretary
lllW.3
DESCRIPTION OF ATTACHED DOCUMENT
Contract - Public Works
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) c] LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
Seven
NUMBER OF PAGES
ibAt
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTll-WES)
Jane Mobaldi and City of Carlsbad mayor/city cl
SIGNER(S) OTHER THAN NAMED ABOVE,
01993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7164 l Canoga Park. CA 91309-7164
.
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 98-147 adopted
NATIONAL PLANT SEblCES
MAY 19, 1998 , has awarded to
(hereinafter designated as the “Principal”), a Contract for:
VISTAKARLSBAD INTERCEPTOR SEWER LINE CLEANING CONTRACT CMWD PROJECT NO. 97-108, CONTRACT NO. 34521C
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, NATIONAL PLANT SERVICES 1
TRAVELERS CASUALTY AND SURETY as Principal, (hereinafter designated as the “Contractor”), and COMPANY OF AMERICA
as Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY NINE
r
THOUSAND SIX HUNDRED EIGHTY TIlVO AND 50/100 Dollars
($ 49,682.50 ) said sum being fifty percent (50%) of the estimated amount payable by
the City of Carlsbad under&e terms of the Contract, for which payment well and truly to be made we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to
pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind, or
for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the contractor and Subcontractors pursuant to section
13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon
the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to be fixed
by the court, as required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file
claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
Contract No. 34521C Page 34 of 68 Pages
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this I& f&L-
,1996.
. CONTRACTOR:
&w& ,2, )+iw25
(print name here) h
i-&=.2‘, ‘e& cut (title and organization of signatory)
By: &,,A / !?
(sign here)
(print name here)
-Es.Lr~~t\/
(title and organizatiod of signatory)
Executed by SURETY this IlTH day
of JUNE ,1998 .
SURETY:
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(name of Surety)
a215 SHUMAN BLVD.. NAPERVILLE; IL 60563 (address of Surety)
(630) 961-7028
(telephone number of Surety)
(signature of Attomej-in-Fact)
EVONNE BROWN
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power of attorney)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
SnA;iCh?.MccR~y COfWT?iSS;On;+ 1154;42
No'ary Pb;t -Cal'fmia 2
bs Ms" 5: CoJfty -
MYCP?F,EaT“P:jeo1,2CK)
By:
A-G
m w 3/l 7198 Contract No. 34521C Page 35 of 68 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEPGMENT No. 5907
State of California
County of Los Anqeles
On July 16, 1998 beforeme, Laura B. Busch, notary public , DATE NAME. TITLE OF OFFICER . E.G.. ‘JANE DOE, NOTARY PUWC-
personally appeared Dennis Keene and Carol O'Donnell
NAME(S) OF SIGNEIWI t
0 personally known to me - OR -Bproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)-isYare
subscribed to the within instrument and ac-
knowledged to me that he&be/they executed
the same in -their authorized
capacity(ies), and that by hi&bMtheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
COMM. # 1034313 person(s) acted, executed the instrument.
NotorY Public - Califomta
- LOS ANGELES COUNTY
EXP:RES CT??-‘. : c_ ._,.. *.. .-..
CL
SIGNATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITYCLAIMEDBYSIGNER
q INDIVIDUAL -
kl CORPORATE OFFICER
president and secretary
TITLE(sI
DESCRlPTlONOFATTACHEDDOCUMENT
Faithful Perfomance/Warranty Bond
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) [7 LlMlTED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
E ~;;;IAN/CONSERVATOR .
TWO .
NUMBER OF PAGES
-7-IL-Y6
DATE OF DOCUMENT
SIGNER IS REPRESENTIN& NAME OF PERSON(s) OR ENmY(IES) Jane Xobaldi and Surety
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Aemmrt Ave., P.O. Box 7184 l Canoga Park. CA 91309-7184
.,_,I” I.+. - _a ____ ___ _-
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Cartsbad, State of California, by Resolution
No. 98-147 , adopted MAY 19, 1998 , has awarded to
NATIONAL PLANT SERVICES , (hereinafter
designated as the “Principal”), a Contract for:
VISTAKARLSBAD INTERCEPTOR SEWER LINE CLEANING CONTRACT CMWD PROJECT NO. 97-108, CONTRACT NO. 34521 C
in the City of Carisbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, NATIONAL PLANT SERVICES , as Principal,
(hereinafter designated as the “Contractor”), and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
215 SHUMAN BLVD., NAPERVILLE, IL 6056 as Sure are heI
IN IHt SUM Ul- NlNtlY NI d THO"&ND T~~~~~~~811'~~?~ci~~~~~Bad'
NO/lDD -------------------------- Dollars ($ 99,365.00 _) said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to b;! paid to City or its certain
attorney, its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
themanner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
&f&t
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
sham, be -included costs and reasonable .expenses and fees: including reasonable attorney’s fees,
incurred by the City in successfully enforcing such obligation, ell to be taxed as costs and included in
any judgment rendered.
Suretjrstipulates and agrees that no chanJ1, r Q extension of lime, alteration or addition to the terms of
the Contract, or to the work to be performs!5 :&rounder or the specifications accompanying the
same shafl affect its obligations on this bond, and it does h5rcby waive notice of any change,
extension of time, alterations or addition to the terms of the codract or to the work or to the
specifications.
Contract No. 345216 Page 36 of 68 Pages
- In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
rC &
Executed by CONTRACTOR this
&~n&/
! b
day of ,199 I
CONTRACTOR:
&q-(..w&L f&vJ- QLw&b p-
(name of Contractor)
Executed by SURETY this 11~ day of
JUNE ) 19L.
SURETY:
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(name of Surety)
(print name here)
(630) 961-7028
(telephone number of Surety)
215 SHUMAN BLVD., NAPERVILLE, IL 60563
(address of Surety)
(Title and Organ&ion of Signatory)
By:
,- (sign her6)
&l&-cJ o’nx~n~ I I
(print name here)
La$e-/-a \I
(Title and OrganizatiLd of signatory)
-, . (signature of Attorney-in-Fact)
EVONNE BROWN
(printed name of Attorney-in-Fact)
(Attach corporate Q -4 power of attorney.)
ccJr”:$$‘s’ =
No*ary pi= ‘t _ cc, ‘ynia
- LOS APSE'"5 ,3J"ty
MyC0~~.~3z~3+?c:1.2CX
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one offtcer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
bA0BALDl
n-37=
Y
City Attorney
3117198 Contract No. 345216 Page 37 of 68 Pages
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of California
County of Los Anqeles
On July 16, 1998 before me, Laura B l Busch, notary public ,
DATE NAME. TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC*
personally appeared Dennis Keene and Carol O'Donnell ,
NAME(S) OF SIGNER(S)
0 personally known to me - OR - roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)-Ware
subscribed to the within instrument and ac-
knowledged to me that b&be/they executed
the same in -their authorited
capacity(ies), and that by h;Elknr/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITYCLAIMEDBYSIGNER .
0 INDIVIDUAL
kd CORPORATE OFFlCER
president and secretary rmys)
OESCRIPTIONOFA~ACHEDDOCUMENT
Labor and Materials Bond
TITLE OR TYPE OF DOCUMENT
q PARTNER(S) 0 LIMITED
0 GENERAL
; AlTOR;R;;l’&FACT
TRU
8 ;U;;lANKONSERVATOR
TWO
NUMBER OF PAGES
?-lb -‘I s
DATE OF DOCUMENT
SIGNER IS REPRESENTINO: NAME OF PERsoN@) OR ENTWIES) . Jane Mobaldi and Surety
SIGNER(S) OTHER THAN NAMED ABOVE
Q1993 NATIONAL NOTARY ASSOCIATION l 8233 Rammet Ave., P.O. Box 7184 l Canoga Park, CA 913097184
c
.
-- u.
!
i
r
i
-i
.
.
.; .
4
‘. * .
STATE OF ILLINOIS ) I, AN N YATERS a Notary Public in and for said County and ) SS. State, do hereby certify that Resident Vice President, and Resident Assistant COUNTY OF COOK 1 Secretary, Grace Villarrea I Attorney-in-Fact, of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.
AND SURETY COMPANY OF AMERICA, for the uses and purposes
S-2429(07-97) ANN WATERS Notary Public
IKAkLLERS CASLUrk k’?L) bt.tUIk ..OMYrtrrk UF AMEIUCA
TRAVELERS CASUALTY AND !xJRETY COMPANY FARMINGTON CASUALIY COMPANY Hartford, Connecticut 06183-9062
~VELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTEORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA. TRAVELEBS CASUALTY AND SURETY COMPANY and FARMMGTON CASUALTY COMPANY.
corporations duly organized under the laws of the State of Connecticut. and having their principal offices in the Cicd of Wartford,
County of Hartford. State of Connecticut. and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Napenllle. County of
DuPage. State of Illinois, (hereinafter the “Companies”) hath made. constituted and appointed. and do by thece presents make.
constitute and appoint: Dwight F. Miller, David C. Banks, Janice B. Kaplan, Kevin P. Nagel, Julie A. Jupes, Jeffre, S.
Malecek, Terry J. Reckamp, Lorraine Pozainski, Eileen Lucitt, Carol Tasciotti, Ann Waters, Evonne Brown, .idcle %I.
Korczak, Grace Villarreal, Jane Bronson, Gail Schroeder, Craig Goesel, Jeffrey A. Zehr, Rebecca L. Dauparas, Barbara J.
Bailey, Chad Berberich or Cindy Geoslioger * *
of Naperville, IL, their true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred to sign. execute and
acknowledge, at any place within the United States. or. if the following line be filled in, within the area there designated
the following instrument(s):
by his/her sole signature and act. any and all bonds, recognizances. contracts of indemnity. and other writings obligatory, in the
nature of a bond. recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies. which Resolutions are
now in full force and effect:
-aTED: That the Chairman, the President, any Vice Chairman, any Esecutlve Vice President. any Senior Vice President, any VICE: PrcsIdcnr. an!
ond Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any AssIstant Secretary may appomt Attome!+m-Fact
alld Agents to act for and on behalf of the company and may give such appointee such authonty as his or her certlticate of authonty ma\ prescribe
to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other untmgs obhgnrop III
the nature of a bond, recognizance. or conditional undertaking, and any of said officers or the Board of Directors at any time may remove an> such
appomtee and revoke the power given him or her.
VOTED: That the Chairman, the Presidenf any Vice Chairman, any Esecutive Vice President, any Senior Vice President or any VIM President
may delegate ail or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation IS
in writing and a copy thereof is filed in the offke of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity. or tintmg obllgatoly m the nature of a bond, recognizance, or condluonal
undertaking shall be valid and binding upon the Company when (a) sIgned by the Prrsldent, any Vice Chairman, any Executive Vice Prcsldcnt. any
Semor Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretar! or any
Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal. 11
required) by one or more Attorneys-in-Fact and Agents pursuan t to the power prescribed in his or her certificate or their certificates of authonty or
by one or more Company officers pursuant to a written delegation of authonty
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice
President. any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsirrule to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Aiiomeys-m-Fact for
purposes only of executing and attesting bonds and undertakings and other titmgs obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and bindmg upon the Company and any such power so executed and
- riled by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future tith respect to any bond or .ertalung to which it is attached.
(8.97)
IN WITNESS WHEREOF, THAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
PASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
- iJRETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
As to be hereto afFrxed this 27th day of April, 1998.
STATE OF CO?WECTKtJ’T TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
) ss. Hartford TRAVJZLERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
CoUNIY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
On this 27th day of April, 1998 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn. did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA. TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS. the corporations described in and which executed the
above instrument: that he/she knows the seals of said corporations: that the seals affixed to the said instrument are such corporate
seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing
Resolutions thereof.
My commwslon expires June 30, 2001 Notary Public Marie C. Tetreault
CERTIFICATE
I. the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporatrons of
the State of Connecticut. and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS. stock corporation of the
State of Illinois. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Author;ty. rcinatns II\
full force and has not been revoked; and furthermore, that the Standing Resoluttons of the Boards of Directors. as s<i fol?h in the
Certificate of Authority. are now in force.
Signed and Sealed at the Home Of&e of the Company, in the Cib of Hartford. State of Connecticut. Dated .&is 11‘fR
JUNE .I9 98.
da! of
CITV OF CARLSBAD’ Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned to City of Carlsbad as a part of the bid package.
REPRESENTATIONS; Mark all applicable blanks. This offeror represents as part of this offer that the - ownership, operation and control of the business, in accordance with the specific definitions listed below is:
DFFINITIONS;
MINORITY BUSINESS ENTFRPRISE: “Minority Business” is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic Ame.rican, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the US. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
Are you currently certifi by CALTRANS? YES NO
Certification #:
CERTIFICATION OF BUSINESS REPRESENTATION(S1;
Mark all applicable blanks. This offeror represents as a part of this offer that:
This firm is-, is not
6
a minority business. This firm is-, is not a woman-owned business.
WOMAN-OWNED BUSlNES$ A woman-owned busi- ness is a business of which at least 51 percent is
owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make
policy decisions. Operation is defined as actually
involved in the day-to-day management.
FIRM’S PRIMARY PRODUCTS OR SFRVICe
CONSTRUCTION CONTRACTOR;
CLASSIFICATION(S): @/>
LICENSE NUMBER: 3VS3
TAXXT I.D. NO. 3L -SW>@
CERTIFICATIOY: The information furnished Is certified to be factual and correct as of the date submitted.
?Q?mtJw SLksr sa4LdW~ -bmMP. wi%
PRINTED NAME $lW+hf
6@ck elk. 4&3 CITY, STA E A D ZIP .5& b,ZGOB TELEPHON&UMBER. DATE
NATIONALPM SERVICES, INC. 1461HARBORAVENUE Lrlvr, PqrH Py c: 'y 3, I.,
Contract No. 34521C Page 38 of 68 Pages
,.-- OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City” and
whose address is
hereinafter called
“Contractor” and whose address is
called “Escrow Agent.”
hereinafter
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for
VISTAKARLSBAD INTERCEPTOR SEWER
LINE CLEANING CONTRACT
CMWD PROJECT NO. 97-108, CONTRACT NO. 345216
in the amount of dated (hereinafter referred to
as the “Contract”). Alternatively, on written request of the contractor, the City shall make payments
of the retention earnings directly to the escrow agent. When the Contractor deposits the securities
as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the
deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions under these sections in an amount not
less than $100,000 per contract. The market value of the securities at the time of the substitution
shall be a least equal to the cash amount then required to be withheld as retention under the terms
of the contract between the City and Contractor. Securities shall be held in the name of the
, and shall designate the Contractor as the beneficial
owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under
this contract is terminated. The contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the escrow agent directly.
,-
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
ts 3117198 Contract No. 34521C Page 39 of 68 Pages
. ..--
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete
and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agents release, conversion and disbursement of the securities and
interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
/- For City: Title
Name
Signature
Address
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
c1 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
<$ 3117198 Contract No. 34521C Page 40 of 68 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
43 3117198
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. 34521C Page 41 of 68 Pages
SPECIAL PROVISIONS
FOR
VISTAICARLSBAD INTERCEPTOR SEWER
LINE CLEANING CONTRACT
CMWD PROJECT NO. 97-108, CONTRACT NO. 34521C
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
l-l TERMS
Add the following section:
,Y-- l-l .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:
l-l .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:
l-l .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: l-l .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.
./c‘ 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
<a 3117198 Contract No. 34521C Page 42 of 68 Pages
f-
Agency -the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The City
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - 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.
Project Manager - the District Engineer of the Carlsbad Municipal Water District or his/her
approved representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution.
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
,F--
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
3/l 7198 Contract No. 34521C Page 43 of 68 Pages
>-.
entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first paragraph
having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular
570.
Modify Paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and
the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall
extend in full force and effect and be retained by the Agency during this project until they are
released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer.
The payment bond shall be released six months plus 30 days after recordation of the Notice of
Completion if all claims have been paid.
:-
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and supplements thereto, hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American
Public Works Association, and as amended by the Special Provisions section of this contract.
The construction plans consist of 1 set of specifications. The standard drawings used for this project
are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated
SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are
enclosed as an appendix to these Special Provisions.
,.-
Z-5.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop Drawings
shall bear the Contractor’s certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents, The
Contractor shall subscribe to and shall place the following certification on all submittals:
rf$ 3117198 Contract No. 34521C Page 44 of 68 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 upon completion of the work.
Payment for performing the work required by section 2-5.4 shall be included in various bid items and
no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-10.1 Availability of Records, The Contractor shall provide copies of all records in the
Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its activities. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews
of Contractor’s staff. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer
for examination, all of its 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 shall
maintain such data and records for as long as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
.a-
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in a minor
Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together will all previous changes to that item is not in excess of 25 percent of the
total cost of such item based on the original quantity and Contract Unit Price. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
% 3117198 Contract No. 34521C Page 45 of 68 Pages
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3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any, The labor rates published therein are not a part of this
contract.
3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and
replace with the following:
(4 Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits:
1. Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2. Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3. Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4. Other Items and Expenditures . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
/-
04 Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s actual
cost of such work. A markup of 1.0 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 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 he 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.
,-
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,
‘3 3/17/98 Contract No. 34521C Page 46 of 68 Pages
Government Code Sections 12650-l 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
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. Add the following: The Contractor shall give the agency written notice of
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor
shall attempt to resolve all disputes informally through the following dispute resolution chain of
command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request 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 he may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
Contract No. 34521C Page 47 of 68 Pages
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
ii- 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.
(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
Contract No. 34521C Page 48 of 68 Pages
r
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
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 15-day period, any party may petition the court to
appoint the mediator.
(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 .I 1 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial
arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lO) 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. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and
Contract No. 34521 C Page 49 of 68 Pages
,/--
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 fulfil1
this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests
meet or exceed the requirements indicated in the Standard Specifications and the Special
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by him
before the delivery is started. All materials proposed for use may be inspected or tested at any time
during their preparation and use. If, after incorporating such materials into the Work, it is found that
sources of supply that have been approved do not furnish a uniform product, 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 borne by the Contractor.
i-
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, durability, compatibility with associated items,
availability of repair parts and suitability of application the Contractor shall remove the substituted
item and replace it with the originally specified item at no cost to the Agency.
SECTION 5 -- UTILITIES
5-I LOCATION. Add the following: The Agency and affected utility companies have, by a search
of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the
limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by the
failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon
request to the Engineer, may be permitted to temporarily omit the portion of work affected by the
utility. Such omission shall be for the Contractor’s convenience and no additional compensation will
be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately
following the relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1
and substitute the following: The Contractor shall begin work within 3 calendar days after receipt
Contract No. 34521C Page 50 of 68 Pages
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 .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the
Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-
1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3
Electronic Media.
“T-
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work. The Baseline Construction
Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with
the date of final completion per the contract duration. The Baseline Construction Schedule shall
include detail of all project phasing, staging, and sequencing, including all milestones necessary to
define beginning and ending of each phase or stage.
Add the following section:
6-l .2.4 Schedule Software. The Contractor shall use commercially available software equal to
the Windows 95 compatible Suretrak program by Primavera to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 3.5” data disk with all
network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a Suretrak or equal software program for review of the Contractor’s schedule.
Should the Contractor elect to use a scheduling program other than the Suretrak program by
Primavera the Contractor shall provide the Engineer three copies of the substituted program that are
fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to
eight Agency staff members. The on-site training shall be held at 2075 Las Palmas Drive, Carlsbad,
California.
I-
Add the following section:
6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones
and equipment and material deliveries. The number of activities will be sufficient, in the judgment of
the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the
project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s
description shall accurately define the work planned for the activity and each activity shall have
recognizable beginning and end points.
<‘, 3117198 Contract No. 34521C Page 51 of 68 Pages
.v-
Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
Add the following section:
6-l .2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
6-l .2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for default by Contractor, per section 6-4.
,i--
Add the following section:
6-l .2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual timespan of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-l. The Engineer may choose to accept the Contractor’s
proposal of a project duration shorter than the duration specified; provided the Agency is satisfied
the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened
Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be
confirmed through the execution of a contract change order revising the project duration and
implementing all contractual requirements including liquidated damages in accordance with the
revised duration.
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
complies with the requirements of these special provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these special provisions within thirty (30) working
days after the date of the preconstruction meeting shall be grounds for termination of the contract per
section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be
included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction
Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-l .2.10.1 through 6-l .2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-l .8.1.
Contract No. 34521 C Page 52 of 68 Pages
Add the following section:
F 6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-l .8.1.
Add the following section:
6-l .2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-l .8.1. The Notice
to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments
are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity’s schedule status and shall
submit monthly updates of the Baseline Construction Schedule confirming the agreements no later
than the fifth working day of the following month. The monthly update will be submitted on hard
(paper) copy and electronic media conforming to section 6-l .3.3 Electronic Media per the submittal
requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-
1.2.9 and 6-1.3.1 through 6-1.3.7.
,-
Add the following section:
6-l .3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update.
Add the following section:
6-l .3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 31/2” high density diskette, labelled
with the project name and number, the Contractor’s name and the date of preparation of the
schedule data disk. The schedule data disk shall be readable by the software specified in section 6-
1.2.2 Schedule Software and shall be free of file locking, encryption or any other protocol that would
impede full access of all data stored on it.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
. ..-.
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-
1.4.1 through 6-l .4.3. Any Updated Construction Schedule marked “Accepted with Comments” or
Contract No. 34521 C Page 53 of 68 Pages
,.--
“Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal
the Engineer will review and return the resubmitted Updated Construction Schedule to the
Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly
updated construction schedule will invoke the same consequences as the Engineer returning a
monthly updated construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-l .8.2.
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-l .8.2.
/-
Add the following section:
6-l .4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
receipt of payment per section 6-l .8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to
proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule.. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions.
Y--
Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-l. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section
9-3.2.
c$ 3/17/98 Contract No. 34521C Page 54 of 68 Pages
/ Zc- Add the following section:
6-1.8 Measurement and Payment. Construction Schedule will be paid for based on percent
completion of lineal feet of line televised and cleaned in relation to the overall footage listed in the bid
schedule per sections 6-l .8.1 through 6-l .8.3.
Add the following section:
6-1.8.1 Initial Payment. A stipulated amount no greater than 30% of the total bid will be made
when the Engineer has accepted a Construction Schedule for this project
Add the following section:
6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction
Schedule Payments will be made subsequent to the initial payment for the Construction Schedule for
each monthly Construction Schedule, updated as required herein, that the Engineer has accepted as
sufficient within the month that the monthly progress payment pertains. No payment shall be made,
nor shall any payment accrue, for any monthly updated construction schedule that is not marked
“Accepted” by the Engineer on or before the twentieth working day of the month such monthly
updated construction schedule is due per section 6-l .3 Preparation of Schedule Updates and
Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent
payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for
Construction Schedule.
f--
Add the following section:
6-1.8.3 Concluding Payment. A Final payment of 20% of the total bid for the Construction
Schedule will be made when both one hundred percent of the contract work is completed and the
Engineer has accepted a final construction schedule update prepared and submitted by the
Contractor as required herein that shows the actual beginning and ending dates and all other data
that is required for baseline and update schedules for each activity shown on the baseline
construction schedule and updates thereto that the Engineer accepted for this project.
Add the following section:
6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall be as specified in the contract.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
I----
66.4 Wrltten Notice and Report. Modify as follows: 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
Contract No. 34521 C Page 55 of 68 Pages
,,--
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the
work to completion within sixtv (60) working days after the starting date specified in the Notice to
Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer,
the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer
if the Contractor desires to work outside said hours or at any time during weekends and/or holidays.
This written permission must be obtained at least 48 hours prior to such work The Engineer may
approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work
conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall
pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one (1) year after recordation of a “Notice of Completion” and any faulty work or materials discovered
during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-
five percent of the faithful performance bond shall be retained as a warranty bond for the one year
warranty period.
/- 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence
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 $500 Dollars per day.
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per
day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that
have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to conduct
business in the state of California and are listed in the official publication of the Department of
Insurance of the State of California.
74 WORKERS’ COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are
listed in the official publication of the Department of Insurance of the State of California. Policies
issued by the State Compensation Fund meet the requirement for workers’ compensation insurance.
I-- 7-5 PERMITS. Modify the first sentence to read: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits
necessary to perform work for this contract on Agency property, in streets, highways (except State
Contract No. 34521 C Page 56 of 68 Pages
i -
highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all
permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for
the disposal of all materials removed from the project. The cost of said permit(s) shall be included in
the price bid for the appropriate bid item and no additional compensation will be allowed therefor.
7-8 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 his/her sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for 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.
The Contractor shall pay all costs of temporary light, power and water 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.
/ F--. 7-10 PUBLIC CONVENIENCE AND SAFETY.
740.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of
Traffic Controls,” 1996 edition and these Special Provisions. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the
progress of the work, the Contractor shall immediately repair said component to its original condition
or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings,
delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the
traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per
day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is
the greater.
I*- ,
Add the following section:
7-10.3.1 Construction Area Signs. Warning and advisory signs, lights and devices installed or
placed to provide traffic control, direction and/or warning shall be furnished, installed, maintained and
removed by the Contractor when no longer required. Care shall be used in performing excavation for
signs in order to protect underground facilities. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existant conditions
shall be removed from the travelled way or shielded from the view of the travelling public during such
periods that their message does not pertain to existing conditions. All excavation required to install
stationary construction area signs shall be performed by hand methods without the use of power
equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the travelled 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,
G 3/17/98 Contract No. 34521C Page 57 of 68 Pages
C
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with
the provisions in Section 12-3.068, “Portable Signs”, of the CALTRANS Standard Specifications; or
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective
sheeting signs; or equal.
Stationary mounted signs used for traffic control during construction of the Work shall be installed on
break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same manner
shown on CALTRANS Standard Plans RS I, RS 2, RS 3 and RS 4 for installation of roadside signs,
except as follows:
(a) Back braces and blocks for sign panels will not be required.
(b) The height to the bottom of the sign panel above the edge of traveled way shall be at least
2.1 m.
(c) Construction area sign posts may be installed on above ground temporary platform sign
supports as approved by the Engineer, or the signs may be installed on existing lighting standards or
other supports as approved by the Engineer.
(d) When construction area signs are installed on existing lighting standards, holes shall not be
made in the standards to support the sign.
(e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 500-C
2500 concrete.
(f) When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.48
square meters of sign area.
i- For wood posts post size and number of posts shall be as shown on CALTRANS Standard Plan RS
2. Lumber for wood posts shall be as for sight posts.
Sign panels for stationary mounted signs shall conform to the requirements of Section 206-7,
“Reflective Sheeting Aluminum Signs”, and the following:
(a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis, and all
diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless otherwise
specified.
(b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminum Signs,”
Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS.
(c) Sign panel fastening hardware shall be commercial quality.
Each portable sign shall consist of a base, standard or framework and a sign panel. The units shall
be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in 206-
7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton drill fabric,
flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the
hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in Section 206-7, “Reflective Sheeting Aluminum Signs”. The height
to the bottom of the sign panel above the edge of traveled way shall be at least 0.3 m. All parts of
the sign standard or framework shall be finished with 2 applications of an orange enamel which will
match the color of the sign panel background. Testing of paint will not be required. If portable signs
are displaced or overturned, from any cause, during the progress of the work, the Contractor shall
,- I immediately replace the signs in their original locations.
Add the following section:
Contract No. 34521 C Page 58 of 68 Pages
.-
7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-l 0 SSPWC “Public Convenience
and Safety.” Nothing in these Special Provisions shall be construed as relieving the Contractor from
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than post-type
delineators are used during the hours of darkness, they shall be affixed or covered with reflective
cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be
seven (7) inches long.
The Contractor’s personnel shall not work closer than six (6) feet, nor operate equipment within two
(2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be measured
from the closest approach of any part of the equipment as it is operated and/or maneuvered in
performing the work. This requirement may be waived when the Engineer has given written
authorization to the reduction in clearance that is specific to the time, duration and location of such
waiver or for the work of installing, maintaining and removing traffic control devices. As a condition
of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or
realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
.r-
Personal vehicles of the Contractor’s employees shall not be parked within the traveled way,
including any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic
cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and
along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for
the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a
telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. All
construction traffic control devices shall be maintained in good order and according to the plan
throughout the duration of work. During the entire construction, a minimum of two paved traffic
lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direction of
travel.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes in accordance with the details shown on the plans, CALTRANS “Manual of Traffic
Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Special
Provisions. The provisions in this section will not relieve the Contractor from its responsibility to
provide such additional devices or take such measures as may be necessary to maintain public
safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section:
I--
7-10.3.4 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 Special 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 he 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,
Contract No. 34521C Page 59 of 68 Pages
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.
The Contractor shall prepare and correct TCP 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.
F-- 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 & PAYMENT
9-3 PAYMENT.
r--
9-3.2 Partial and Final Payment. Modify the second paragraph as follows: 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
-* GC w7i98 Contract No. 34521C Page 60 of 68 Pages
--
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 his information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt
of the progress estimate, submit a supplemental payment request to the 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 685.010 of the Code of Civil Procedure.
9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency shall
retain 10 percent of such estimated value of the work done and 10 percent of the value of materials
so estimated to have been furnished and delivered and unused ‘or furnished and stored as
aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time
after 20 percent of the work has been completed, if the Engineer finds that satisfactory progress is
being made, the Agency may reduce the total amount being retained from payment pursuant to the
above requirements to 5 percent of the total estimated value of said work and materials and may
also reduce the amount retained from any of the remaining partial payments to 5 percent of the
estimated value of such work and materials. In addition, on any partial payment made after 95
percent of the work has been completed, the Agency may reduce the amount withheld from
payment pursuant to the requirements of this Section to such lesser amounts as the Engineer
determines is adequate security for the fulfillment of the balance of the work and other requirements
of the contract, but in no event will said amount be reduced to less than 125 percent of the
estimated value of the work yet to be completed as determined by the Engineer. Such reduction will
only be made upon the written request of the Contractor and shall be approved in writing by the
surety on the Performance Bond and by the surety on the Payment Bond. The approval of the
surety shall be submitted to the Engineer; the signature of the person executing the approval for the
surety shall be properly acknowledged and the power of attorney authorizing him to give such
consent must either accompany the document or be on file with the Agency.
9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspection, the 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 Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
‘3 3117198 Contract No. 34521C Page 61 of 68 Pages
- 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 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.
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project. No
claim will be considered that was not included in this written statement, nor will any claim be allowed
for which written notice or protest is required under any provision of this contract including sections
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the 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 receipt of the written statement or
further information, whichever is longer, 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.
Contract No. 34521C Page 62 of 68 Pages
SCOPE OF WORK FOR CLEANING
THE VISTA/CARLSBAD INTERCEPTOR SEWER
1. Location and Description
Within the Carlsbad Municipal Water District as shown on Exhibit 1. The depth of
flow at various times of the day for VC1 and VC14 are shown on Exhibit 2
2. Work to be Done
Plans for the lines to be cleaned are available in the Carlsbad Municipal District
Office at 5950 El Camino Real, Carlsbad, California. The approximate quantities are
as follows:
Pipeline
Reach Size (Diameter in inches) Type of Pipe Lenath (Feet)
VC1
VC2
VC3
VC13
VC14
VC15
36 Ductile Iron 6,733
42 Ductile Iron 2,754
36 Ductile Iron 2,829
42 Vitrified Clay 2,918
42 Vitrified Clay 5,493
42 Vitrified Clav 1,888
Total Approximate Length To Be Cleaned 22,615
The minimum slope in these reaches of interceptor sewer is 0.0012 and the
maximum slope of the trunk sewer is 0.0417.
3. Order of Work
The Contractor shall perform the work in the following order:
A. Reaches VCI, VC2, and VC3 of the Vista/Carlsbad Interceptor Sewer from the
Vista Meter Station to the Buena Vista Pump Station starting at the Vista Meter
Station as shown on Exhibit 1.
B. Reaches VC13, VC14, and VC1 5 of the Vista/Carlsbad Interceptor Sewer from
the end of the Agua Hedionda Lift Station force main to the Encina Water
Pollution Control Facility starting at the end of the Agua Hedionda Lift Station
force main as shown on Exhibit 1.
G 3/17/98 Contract No. 34521C Page 63 of 68 Pages
/-
4. Proaress of Work and Time for Comuletion
The contractor shall start work within five (5) calendar days after notification by the
Carlsbad Municipal Water District. The work shall be completed in sixty (60) working
days and progress will be monitored by the Carlsbad Municipal Water District.
5. Quantities and Basis of Pavment
The quantity of line to be cleaned in the bid schedule is based on the pipeline as-
built drawings. Actual field measurements will be taken at the time the work is done
and will be the basis of payment.
Any other additional work requested by the Carlsbad Municipal Water District will be
reimbursed at the unit prices shown in the bid schedule and actual field
measurements.
6. Pre-cleanina Television Inspection
f-
A. Prior to cleaning, the pipeline shall be televised using closed circuit television
(CCTV) to verify that heavy material such as large rocks would not hinder cleaning the
line using a wane ball. If the Contractor feels that the wane ball method can not be
used, the Contractor shall immediately call the District Engineer to obtain approval to
clean the line by other methods. The CCTV inspection shall be performed in
accordance with SSPWC Section 500-I .1.5 and shall be done during low flow periods
between I:00 a.m. and 6:00 a.m. This applies to all reaches. The Contractor shall
use a camera mounted on skids and not floated on pontoons.
B. Documentation shall consist of a color, VHS-format videotape, log sheets, and a
written report detailing the pre-cleaning condition of the pipeline. Include in the report
the time and date of the inspection, street name, upstream and downstream access
hole, direction of view and flow, surface material, pipeline length, individual section
lengths from centerline of accesshole to accesshole, pipe size and material, lateral
connections, video tape number, and counter number. The information listed shall be
provided to the District Engineer as part of the contract. The written report shall also
clearly list any problem areas such as deteriorated coatings, cracked pipe, accesshole
conditions, leaking joints, separated joints, and root invasion.
7. Sewer Line Cleanina Method and Disposal of Material
In general, the sewer lines shall be cleaned using the hydraulic “wane balling”
method. The District will ask that the Contractor furnish a unit price for clamshell
bucketing in the bid schedule. However, this will only be used if the pre-cleaning
television inspection shows heavy material in the pipelines to be cleaned. Removal
of corrosive and tuberculosis material is not the intent of this contract.
Regardless of the method used for all cleaning, the methods shall be capable of
removing all dirt, grease, rock, roots, and other deleterious materials or obstructions
3/I 7198 Contract No. 34521C Page 64 of 68 Pages
from the sewer lines and manholes. All sludge, dirt, sand, rocks, grease, and other
solid and semi-solid material resulting from the cleaning operation shall be removed
at the first downstream manhole of the section being cleaned. Passing material from
manhole section to manhole section will not be permitted. All solids and semi-solids
shall be removed from the site and shall be stockpiled at the Calavera Water
Reclamation Facility at 2400 Tamarack Avenue, Carlsbad. After proper drying, but
no longer than 30 days after all lines have been cleaned, the Contractor shall remove
the solids and semi-solids from the Calavera Hills Water Reclamation Facility. The
Contractor shall mitigate any odors or nuisance caused by stockpiling the solids and
semi-solids upon the direction of the District Engineer.
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 District Engineer for all
disposed material.
8. Damaae and Reoair
If, during the course of the cleaning operation or through the movement of equipment
in or around the sewer facilities, either the sewer facility or any adjacent
improvements including any private property become damaged, Contractor shall be
responsible to make repairs immediately at no cost to the Carlsbad Municipal Water
District.
9. Labor. Eauioment and Material
The contract shall furnish all labor, materials, and equipment required to perform the
specified work. Only new materials of the same type shall be used to replace any
broken or damaged parts of the sewer system caused by or resulting from the
cleaning operation.
10. Pavments and Final Acceptance
Payments will be made as specified in the bid documents.
Final payment will not be paid until final acceptance has been made by the District
Engineer. Final acceptance may be subject to a television inspection by the
Carlsbad Municipal Water District.
11. Maintainina Traffic
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.
63 3117198 Contract No. 34521C Page 65 of 68 Pages
T--
.-
;-
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 will be allowed therefor.
12. Eauioment Storaae
Equipment storage locations shall be selected by the Contractor, subject to written
approval by the District 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 file with the Carlsbad Municipal Water District said written permission
together with a written release from the property owner absolving the Carlsbad
Municipal Water District from any and all responsibility in connection with the storage
of equipment on said property.
13. Sound Control
The noise level from the Contractor’s operation shall conform to Chapter 4 of
Division 6 of Title 3 (commencing with Section 36.41) of San Diego County Code
relating to noise as added by Ordinance No. 6212 (New Series).
14. Safety
Contractor shall comply with all applicable safety requirements and regulations of the
Federal Occupational Safety and Health Administration (OSHA) and the State
Occupational Safety and Health Administration (CAL-OSHA), including appropriate
manhole/confined space entry procedures.
15. Access
The Carlsbad Municipal Water District shall provide Right of Access permits to
easements on private property, if determined necessary.
16. Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations,
ordinances, and statutes which apply to any work performed pursuant to the
contract, including the requirements specified in Section 11017 of the Government
Code.
17. 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 Mr. Pat Guevara at 438-
2722x1 32.
3/i 7198 Contract No. 34521C Page 66 of 68 Pages
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 therefor. 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:
A. Take all necessary action to immediately stop the spill.
B. Repair the line(s).
C. Clean up the area as required by the County Health Department, Carlsbad
Municipal Water District and the Regional Water Quality Control Board.
D. Be responsible and liable for any claim against the CMWD due to a sewage spill.
18. Cleanina Report
The Contractor shall fill out and turn over to the Carlsbad Municipal Water District a
daily cleaning report. The cleaning report form shall be prepared and submitted for
approval prior to any actual report and be in Microsoft Word format.
19. Manhole Location and Raisinq
The Carlsbad Municipal Water District will locate all manholes for the Contractor. If,
in the opinion of the Contractor, he feels that any access holes need to be raised that
responsibility shall be borne by the Contractor at their own expense. All access
holes that have been raised shall be restored back to their original height at the
discretion of the District Engineer.
20. Pre-bid Walk Throuah
The Carlsbad Municipal Water .District will conduct a mandatory pre-bid walk through
of a typical portion of the sewer pipe line to be cleaned with prospective bidders.
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.
21. Authoritv of the Enaineer
Contract No. 34521C Page 67 of 68 Pages
The District Engineer shall inspect the work; decide all questions which may arise as
to the quality and acceptability of the work performed and as to the manner of
performance and rate of progress of the work; decide all questions as to the
acceptable fulfillment of the contract on the part of the Contractor; and decide all
questions as to compensation.
22. Schedule for Walk-Throuah
The mandatory walk-through is scheduled for April 23, 1998.
/-
Contract No. 34521C Page 68 of 68 Pages
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