HomeMy WebLinkAboutVideo Inspection Specialists Inc; 1994-05-11; 2489,
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January 24, 1994
ADDENDUM NO. 1
BID/PROJECT N0.2489,CMWD 93405-SEWER MAIN 'IEJEWSION INSPECTION
Please include the attached addendum in the Notice to Bidder/Request for Bids you h
for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid wk
your bid is submitted.
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RUTH FLETCHER
Purchasing Officer
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Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-
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January 24, 1994
ADDENDUM NO. 1
BID/PROJECT NO. 2489,CMWD 9345 - SEWER MAIN TELEVISION INSPECTION
BID DATE HAS BEEN CHANGED TO MARCH 18, 1994 AT 4:OO P.M.
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TABLE OF CONTENTS
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1 Item Pae 0- 8 NOTICE INVITING BIDS ...........................................
CONTRACTORS PROPOSAL ........................................
DESIGNATION OF SUBCONTIUCTORS 1
AMOUNT OF SUBCONTRACI'ORS' BIDS 1
EQUIPI!@NI"TERIAL SOURCE INFORMATION .................... 1
BIDSECURITYFORM 1
BIDDERSBOND 1
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY .............. 1
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .... 1
NON-COLLUSION AFFIDAVIT 1
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la coNTRAcr-PuBLIcwoRKs ..................................... 2
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1 ELEASEFORM 2
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LABOR AND MATERIALS BOND ................................... 2
FAITHFUL PERFORMANCENARRANTY BOND 7 ....................... ! ESCROW AGREEMENT FOR SURETY
2 DEPOSITS IN LIEU OF RETENTION ..................................
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2 SPECIAL PROVISIONS .............................................
TECHNICAL SPECIFICATIONS C ......................................
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t CARLSBAD MUNICIPAL WATER DISTRICT
CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall 1200 Carlsba
Village Drive (formerly Elm Avenue), Carlsbad, California, until 400 P.M. on the 17th , 19 94 which time they will be opened and read, fc
performing the work as follows:
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f day of March
E CONTRACTNO. 2489
SEWER MAIN TELEVISION INSPECTION
CMWD PROJECT NO. 93-405
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The work shall be performed in strict conformity with the specifications as approved by tl
Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on fi
with the District Engineering Department. The specifications for the work include the late
revised edition of the Carlsbad Sewer Svstem Desien Criteria and Standard Drawings ai
Saecifications. 5/1l/93 Revised Edition , and Standard Snecifications of Public Wor
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designatc
"SSPWC', as issued by the Southern California Chapter of the American Public Wor
Association and as amended by the special provisions sections of this contract. Referen
is hereby made to the specifications for full particulars and description of the work.
The Carlsbad Municipal Water District encourages the participation of minority a
women-owned businesses.
The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacture
fabricators and contractors to utilize recyclable materials when available and whc
appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchas
Department. Each bid must be accompanied by security in a form and amount required
law. The bidder's security of the second and third next lowest responsive bidders may
withheld until the Contract has been fully executed. The security submitted by all otl
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days ai
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sect
22300), appropriate securities may be substituted for any obligation required by this no1
or for monies withheld by the District to ensure performance under this Contract. Sect
22300 of the Public Contract Code requires monies or securities to be deposited with
District or a state or federally chartered bank in California as the escrow agent.
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1 Notice Inviting
12/8/93
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B The documents which must be completed, properly executed and notarized are:
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Mdavit
4. Contract
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All bids will be compared on the basis of the Engineer's Estimate. The estimated quantitic
are approximate and serve solely as a basis for the comparison of bids. The Engineer
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I Estimate is $80.000
I In keeping with the Special Provisions, work shall be accomplished within calendar days. Liquidated Damages will be in the amount of $ 500
No bid shall be accepted from a contractor who is not licensed in accordance with tk
provisions of California state law. The contractor shall state their license numb€
expiration date and classification in the proposal, under penalty of perjury. The followjl
classifications are acceptable for this contract:
120
per day.
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NIA in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contra
documents in lieu of the usual ten percent (10%) retention from each payment, the
documents must be completed and submitted with the signed contract. The escrc agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasi
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsb:
California, for a non-refundable fee of $20.00 per set. Carlsbad Standard Sewer Svstc
Design Criteria and Standard Drawings and SDecifications
are available for a non-refundable fee of incl. per s
The Carlsbad Municipal Water District reserves the right to reject any or all bids and
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 *
contract shall be those as determined by the Director of Industrial Relations pursuant
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of 1
Labor Code, a current copy of applicable wage rates is on file h the Office of the Carlst
City Clerk. The Contractor to whom the Contract is awarded shall not pay less than
said specified prevailing rates of wages to all workers employed by him or her in
execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Q
"Subletting and Subcontracting Fair Practiced Act."
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Notice Inviting 1mm 2
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The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shal apply to the Contract for work.
A pre-bid meeting and tour of the project site will - will not XX be held. The meetinl
will be held on date: time: location:
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All bids are to be computed on the basis of the given estimated quantities of work, z
indicated in this proposal, times the unit price as submitted by the bidder. In case of
discrepancy between words and figures, the words shall prevail. In case of an error in th
extension of a unit price, the corrected extension shall be calculated and the bids will b
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 an
typed or written in with ink and must be initialed in ink by a person authorized to sign fc
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I the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day pric
to bidding. Submission of bids without acknowledgment of addenda may be cause
rejection of bid.
Bonds to secure faithful performancehvarranty of the work and payment of laborers a1
materials suppliers and to cover all guarantees against defective workmanship and materia
or both, for a period of one year after the date of final acceptance of the work by tl
District each 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 bon
shall be kept in full force and effect during the course of this project, and shall extend in f
force and effect and be retained by the District until they are released as stated in t
Special Provisions section of this contract. All bonds are to be placed with a sure
insurance carrier admitted and authorized to transact the business of insurance in Won
and whose assets exceed their liabilities in an amount equal to or in excess of the amo~
of the bond. The bonds are to contain the following documents:
1)
1.
An original, or a certified copy, of the unrevoked appointment, power of attorn’
by laws, or other instrument entitling or authorizing the person who executed 1 I bond to do so.
E commissioner. 2) A certified copy of the certificate of authority of the insurer issued by the insurm
If the bid is accepted, the City may require a financial statement of the assets and liabilil
of the insurer at the end of the quarter calendar year prior to 30 days next preceding 1
date of the execution of the bond. The financial statement shall be made by an officc
certificate as defined in Section 173 of the Corporations Code. In the case of a fore
insurer, the financial statement may be verified by the oath of the principal officer
manager residing within the United States.
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Notice Inviting 1
12/8/93 I
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Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Ke!
Rating Guide of at least A-:V, and (2) are authorized to transact the business of insuranu
in the State of California by the Insurance Commissioner. Auto policies offered to meet tht
specification of this contract must; (1) meet the conditions stated above for all insuranu
companies and (2) cover W vehicle used in the performance of the contract, used on-sit1 or off-site, 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 b
limited in any manner.
Worker's Compensation insurance required under this contract must be offered by
company meeting the above standards with the exception that the Best's rating conditio
is waived. The District does accept policies issued by the State Compensation Fund E
meeting the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. AI
additional cost of said insurance shall be included in the bid price.
The prime contractor and all subcontractors are required to have and maintain a valid Ci
of Carlsbad Business License for the duration of the contract.
Approved by the Board of Directors of the Carlsbad Municipal Water District, Carlsba
California, by Resolution No. 854 s adopted on the 4th day of Januarv
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4-Y 3 8 Date kcmi%*-- a%& Secretary d
Notice Inviting
12/8/93 I
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CARLSBAD MuNlCIPAL WATER DISTRICT
CONTRACTNO. 2489
CONTRACTOR'S PROPOSAL
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I Board of Directors ' Carlsbad, California 92008
Carlsbad Municipal Water District
5950 El Camino Real
The undersigned declares he/she has carefully examined the location of the work, read tk
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnis
all labor, materials, equipment, transportation, and services required to do all the work 1 complete Contract No. 2489 in accordance with the Plans and Specifications of tk
Carlsbad Municipal Water District, and the Special Provisions and that he/she will take
full payment therefor the following unit prices for each item complete to wit:
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1 m Item Approximate unit
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SEWER MAIN TELEVISION INSPECTION - CMWD PROJECT NO. 93-405
- No. Q uantitv Descrktion Price Total
.44c 7,692.52 1 17,483 L.F. Television inspection of 6'' sewer
main at, dollars and cents
89,159 L.F. Television inspection of 8" sewer .44c 39,229.96 2 main at, dollars 1 and cents
847.88 3 1,927 LE Television inspection of 10" sewer 9 44c
main at, dollars
and cents
1,339 L.F. Television inspection of 12" sewer main at, dollars
and cents
5,967 L.F. Television inspection of 24" sewer I and cents
Contractor's Prop 8. 12/8/93 F
.44c 589.16 4
.46c 2,744 .a2 5 main at, dollars
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t Item Approximate Quantitv Description Unit Price Total t"
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P J 67-=-4' G&?,c.&l d9C i", I1 OpW-e# i LOLL
II, Total amount of bid jn words: FIFTY ONE THOUSAND, ONE HUNDRED AND FOUR DOLLAR!
AND THIRTY FOUR CENTS
Total amount of bid in numbers: $ 51 3104.34
Price(s) given above are firm for 90 days after date of bid opening. Prices quoted in tl.
Proposal shall include all taxes, including sales and use taxes.
hashave been received and &/are included 1 i Addendum (a) No(s).
I this proposal.
The Undersigned has checked carefully all of the above figures and understands that tZ.
District will not be responsible for any error or omissions of part of the Undersigned
making up this bid.
The Undersigned agrees that in case of default in executing the required Contract wj
necessary bonds and insurance policies within twenty (20) days from the date of award
Contract by the Board of Directors of the Carlsbad Municipal Water District, the procee
of the check or bond accompanying this bid shall become the property of the District.
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Contractor's Prop0 I. 1Wglg3 R
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1 The Undersigned Bidder declares, under penalty of perjury, that they are licensed to d
business or act in the capacity of a contractor within the State of California and that the
are validly licensed under license number
which expires on JUNE Igg4 . This statement is true and correct and has the legi
effect of an affidavit.
A bid submitted to the District by a Contractor who is not licensed as a contractor pursua
to the Business and Professions Code shall be considered nonresponsive and shall E
rejected by the District. 0 7028.15(e). In all contracts where federal funds are involved, r
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordanc
with California law. However, at the time the contract is awarded, the Contractor shall E
properly licensed. Public Contract Code Q 20104.
The Undersigned Bidder hereby represents as follows:
0 4 7 5 6 7 5 , classification C 36
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1. That no Board member, officer agent, or employee of the Carlsbad MuniciE
Water District is personally interested, directly or indirectly, in this Contra
or the compensation to be paid hereunder; that no representation, oral or
writing, of the Board of Directors, its officers, agents, or employees h
inducted him/her to enter into this Contract, excepting only those contain
in this form of Contract and the papers made a part hereof by its terms; a]
That the bid is made without connection with any person, firm, or corporatic
making a bid for the same work, and is in all respects fair and witha
2. I. collusion of fraud.
Accompanying this proposal is
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code wh
requires every employer to be insured against liability for worker’s compensation or
undertake self-insurance in accordance with the provisions of that code, and agrees
comply with such provisions before commencing the performance of the work of t
Contract and continue to comply until the contract is complete.
(Cash, Certified Check, Bond or Cashier’s Check)
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Contractor’s Pro1 8. 12/8/93
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4705 W. $onto Ana Flesna, CA 9374 I a (209) 274.04 86
FAX (209) 276.7956
!wv/n# tho Wrsrcrn St&r
Mnrch 22?d E994
City sf Garlabad,
Purchasing Department,
1200 Carlsbad Village Drive, Carldxd, GA 92008-1889
Attn: Ruth Fletckes
Dear Xsm Fletcher,
Enclosed herewith is our" balance iheet for the third quarter vf 1993. We 4
submitting thh c;tatament as we are still awaiting out yoas-end financial
stnternent from our accounting, company, p-:bg
With regards tu our coatractors licence C34 lr1875675, due to an oversight in our office, this ltcenrs has been overlooked for renewal, and the prscl
of reinstating it will take npproxfmatety four to ekx weeks. Pn order tn
expedite! matters regarding the contract, we AYB aubmitting mr C34 lfccnc
#237943 which expires 11/30/94.
We trust this information Q5 acceptable to you and should you have any
questions, plea~e do not hesitate ta contact me.
Sincerely,
0
eLeuwJf/&z4 3/2 &,/yY~ F
John Mfkkelsen
Video Inspection Specfalfsta,lnc+
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t The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Artic
2, relative to the general prevailing rate of wages for each craft or type of worker needc
to execute the Contract and agrees to comply with its provisions. 0
1 IF SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor
(Street and Number) I City and State
II (4) Zip Code Telephone No.
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m IF A PARTNERSHIP SIGN HERE:
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signati
must be made by a general partner)
(1)
(2) I
(3) Place of Business
(Street and Number) t City and State
(4) Zip Code Telephone No.
Contractor’s Pro1 Bo 12/8/93
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8 w A CORPO~TION. SIGN HERE:
(1) Name under which business is conducted
VIDEO INSPECTION SPECIALISTSy INC. -
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i (2) Signatur
(3) Title PRESIDENT
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Impress Corporaiic Seal he]
(4) Incorporated under the laws of the State of CALIFORNIA
4705 WEST SANTA ANA (5) Place of Business
(Street and Number)
City and State FRESNO, CALIFORNIA
(209) 276-0186 Telephone No. 93726 (6) Zip Code
-11______1_
(NAME, TITLE OF OFFICER I E, JANE DOE, NOTARY PUBLIC )
State of California
County of Fresno
before me, Danette Cody, Notary Public
CAPACITY CLAIMED
0 INDIVIDUAL(S)
IXI CORPORATE-
personally appeared John L * Mikkelsen
(NAME(S) OF SIGNER(S))
(NAME OF PERSON(S) OR E
THIS CERTIFICATE
MUST BE ATTACHED Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
Contractor ' S ProPosal
Date of Document
WOLCOnS FORM 63240-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACllY/REPRESENTATION/FlNGERPRINT-Rev 12-92
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DESIGNATION OF SUBCONTRACTORS 0 (TO ACCOMPANY PROPOSAL)
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8 ' Items of Complete Address Phone No.
The Contractor certifies he/she has used the sub-bids of the following listed Contractors
making up hisher bid and that the sub-contractors listed will be used for the work for whit
they bid, subject to the approval of the District Engineer, and in accordance with applicab
provisions of the Specifications and Section 4100 et seq. of the Public Contracts Code
"Subletting and Subcontracting Fair Practices Act." No changes may be made in the!
subcontractors except upon the prior approval of the District Engineer of the Carlsbz
Municipal Water District. The following information is required for each sub-contractc
Additional pages can be attached if required:
Work Full ComDanv Name With ZiD Code With Area Code I NONE
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Designatio1
Subcontrac 1wm I
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AMOUNT OF SUBCONTRACTORS' BIDS 0 (TO ACCOMPANY PROPOSAL) 1 The Bidder is to provide the following information on the sub-bids of all the lis1
subcontractors as part of the sealed bid submission. Additional pages can be attached
required.
Type of State Carlsbad
Contracting Business Amount of Bid
Full Companv Name License & No. License No. * I$ or %I 1 NONE
"Licenses are renewable annually. If no valid license, indicate "NONE." Valid license m
be obtained prior to submission of signed contracts. I
Amoun
Subcontractors' I
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I EQUIPMENT/MATERIAL SOURCE INFORMATION
(TO ACCOMPANY PROPOSAL)
The Bidder shall indicate opposite each item of equipment or material listed below, tl
name of the one supplier and manufacturer of each item of equipment or material proposc
to be furnished under the bid. Awarding of a contract under this bid will not im~
approval by the District of the manufacturers listed by the Bidder.
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CCV ENGINEERING 1 EauimnentMaterial Manufacturer
FLEXIBLE 1. 8 SYSTEM
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EquipmenVMateri
Source Informatic
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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
CARLSBAD MUNICIPAL, WATER DISTRICT; in the sum of
r'
I dollars ($
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this amount being ten percent (10%) of the total amount of the bid. The proceeds of tl
check shall become the property of District provided this proposal shall be accepted by t
District through action of its legally constituted contracting authorities and the undersign
shall fail to execute a contract and furnish the required Performance, Warranty a
Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, t
check shall be returned to the undersigned. The proceeds of this check shall also becor
the property of the District if the undersigned shall withdraw his bid within the period fifteen (15) days after the date set for the opening thereof, unless otherwise required by la
and notwithstanding the award of the contract to another bidder. 1.
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BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on 1
following pages shall be executed-the sum of this bond shall be not less than ten percr
(10%) of the total amount of the bid.
Bid Security Fc
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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 CARLSBA MUNICIPAL WAGR DISTRICT, in an amouni as follows: (must be at least ten perce
(10%) of the bid amount)
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for which payment, well and truly made, we bind ourselves, our heirs, executors a
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the prop0
of the above-bounden Principal for:
CON"RACI"0. 2489
SEWER MAIN TELEVISION INSPECTION
CMWI) PROJEcr NO. 93405
in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall d
enter into and execute a Contract, including required bonds and insurance policies, wit
twenty (20) days from the date of award of Contract by the Board of Directors of
Carlsbad Municipal Water District, being duly notified of said award, then this obligat
shall become null and void; otherwise, it shall be and remain in full force and effect, and
amount specified herein shall be forfeited to the said District. ... ... ... ... ... ... ... ... ... ... ... I ... *. -0.
Bidder's E
12/8/93 ' 8
~~MlllII'1l'i11l.lI!I;(IIIIl=!IIIlitllll_J __iIlIlIIllnl!lll'!Hi!!l;lllI'llfm_.Iit@~m I ~lttaw %'19&£
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INDEMNITY COMPANY of CALIFORNIA
KNOW I\LL MEN BY THESE PRESENTS,
BID BOND BOND NO.81836-IJl
That we,....Y_tDE;O ~TN.s..P_EcrIQR_.s.EKCIAL_I:S.TI4---IN.C..~.__._
as Principal,and It\lDEMNITY COMPl\NY of CAUFOR[\lIA,8.California corporation authorized to transact a general surety
business in the State of C;;~.1TfORNli\_._as Surety,are held and firmly bound unto -C.\RLSBAD-MlJN-I-GI-FAb-----
_W_A!_ER_D_I_S.I~_~g1....(hereinafter called the
Dollars,($__)0;_O:r.._:,?-M'IJID )for the payment whereof in lawful money of the United ::,lates,we bind our(,clves,our
heirs,administn.itors,executors,successors and assigns,jointly and ;;everally,firmly by these presents_
WHERE/\S,U18 said PRI~~GIPAL has submitted the accompanyin~J bid for
SEHER VLAIN TELEVISION INSPECTION
NOW,Tr-IEREFORE,if the said contract be timely awarded to the Principal and the Principal shall,\.vithin such time as
may be specified,enter into the contract in writing,and give bond,with surety acceptable to the Obligee for the faithful
mance of the said contract,then this obliqation shall be void;otherwise to remain in full force and effect.
.I .d iF'94SignedandSealedtliS__FlE''l'.EEJ,'i'I'R-.ay 0:---MA-R:EHt----------------------------..---------------->....---.----..----
VIDEO INSPECTION SPECIALISTS,INC.
Principal
iNDEMNITY COMPANY of CAUFOR!"lIl\
177ElO Fitch
irvine,California.92714
(1'14)263-3300
GE1\lEr.\AL£lID BOND
I Stale of California
Fresno
-d t J ' * Cor1rlty of
\. On 3/15/94 beforeme, DEBBIE YOUNG, NOTARY (name, title of officer)
personally appeared DE"1S H* 'OPE
a personally known to me - OR - CI] proved to me on the basis Of SallSfaCtOV evidence to be the person(s) whose name(s) Ware subscrlbed to the with-
in instrument and acknowledged to me that he/She/th@Y @x@cut@d the
Same In his /her /(heir authorized capaclty(les), and that by hl9/her/1helr Sig-
na(ure(s) on the lnglrument the person(s), or the entity upon behalf Of which \he person(9) acted, executed the
instrument.
WItriess my hand and officlal seal.
KOWRY PU 81. IC- j I FRESFlO COUNTY
It , ' '. - < i ,!, \. - amtthiunEor Noiq
CAPACITY CLAlMEt
U INDIVIDUAL(S)
~COhPORATE -
OFFICER(S) __
El PARTNER(S)
!!I ATTORNEY-IN-F
El 7RusTEE(s)
0 SUBSCRIBING !'
0 GUARDIANICO a OTHER: - ---
SIGNER IS REPRl - wmc OF rmeouw on enif
- - __ -. - ---
-_._-I_-
J POWER OF ATTORNEY OF
& -%-' I N DE M N I TY C 0 M PANY 0 F CALI FOR N I A
AND DEVELOPERS INSURANCE COMPANY N!! 1 9
P.O. BOX 19725, IRVINE, CA 92713 (714) 263-3300
CE: 1. All power and authoriCy herein granted shall in any event terminate on the 31st day of March, '1996.
2. This Power of Attorney is mid if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink.
4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remaln a permanent part of the obligee's records.
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KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE severally, but not jointly, hereby make, constitute and appoint
***,DENNIS H. POPE, MICHAEL E. RUSSELL, STEPHANIE K. VINCENT, JOSEPH A. PRO,IETTI, J0,INTLY OR
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, underta suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said i power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, bl said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and t
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on final bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Dirs COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execu qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the I tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, a
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be s tive Presidents and attested by their respective Secretaries this 1st day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
BY
0' RPOR.,P~
OC?. 5. ATTEST Q 5 cI 1967 ATTEST
m
BY h&A?d BY &&Ad Walter Crowell
*i%oR*\:\+a
Walter Crowell
Secretary Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
) ss.
On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me on th
evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi:
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrt
WITNESS my hand and official seal.
7
Signature &%+..
CERTIFICATE
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE CO certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions Of the reSOlut Boards-of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
his Certificate is executed in the City of Irvine, California, this 15th day of March ,1994.
IN EMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
o' .PaR,r.cc,
d
BY &P. =& . L.C. Fiebiger R *>+, &$ Senior Vice President
0 BY AP =&
L.C. Fiebiger T
Senior Vice President
ID-310 REV. 4/93
3
In the event Principal executed this bond as an individual, it is agreed that the death (
Principal shall not exonerate the Surety from its obligations under this bond.
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8 Executed by PRINCIPAL this Executed by SURETY this
@
day of ,19 day of 9 19- 1 PRINCIPAL: SURETY:
I (Name of Principal) (Name of Surety)
8 (sign here) Signature of Attorney-in-Fact
1 (print name here) printed name of Attorney-in-Faci
(attach corporate resolution showh ' (title and organization of signatory) current power of attorney)
8 (sign here)
By: By:
By:
(print name here) Bo
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I (title of organization of signatory)
(Proper notarial acknowledgment of execution of Principal and Surety must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one offic
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corpora seal empowering that officer to bind the corporation.) I
I APPROVED AS TO FORM:
RONALD R. BAIL
GENERAL COUNSEL
BY
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Deputy General Counsel
Bidder's Bo1
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(TO ACCOMPANY PROPOSAL)
Bidder submits herewith a statement of financial responsibility:
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OUR BANK ACCOUNT IS WITH FIRST INTERSTATE BANK
ACCOUNT # 692-4-20580
I SEE ATTACHED LIST
Bidder's Statemei
Financial Raponsit
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STATEIEMT OF ASSETS AHD LIhBILITIES
ItiCOflE TAX BASIS
SEPTEflBER 30, 1993
0 LIABILITIES AND STOCKHOLDERS' EQUITY
CUR RENT LIABILITIES: CURRENT PORTION IONS-TERH DEBT $828, 33 ----------------
TOTAL CURRENT LI4BILITIES $828.33
LONG-TERH DEBT :
NIP - FIB 8419.35 828.33 CURRENT PORTION LONG-TERH DEBT (828.33 1 _---_--_--______
TOTAL LONG-TERH DEBT * 00
TRTAL LI4BIlITIES 828 * 33
----------------
STOCHKOLDERS' EQUITY:
CUHtiRN STOCK i1 ,311.UO ADD I TIONAL P4ID-I N CAPITAL 5,2e5.00 RETAINED EARNINGS 143,733.44 _-________--__-_
TOTAL EQUITY 160,329.44
$161,157.?7
----------------
TOTAL LI ABIL I TIES & STOCKHOLDERS ' E4UI TY ---------------- --_----__-_---_-
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SEE ACCOUNTANTS' COXPILATION REPORT
VIDEO INSPECTIUNS
STATEHENT OF ASSETS AND LIABILITIES
INCOME TAX BASIS
SEPTEISBER 30, 1993
0 ASSETS
CURRENT ASSETS:
CASH $53,301.93
ERPLOYEE ADVANCES 200.09
LOANS TO OFFICERS 73,35%.09 ----------------
TOTAL CURRENT ASSETS $126,055.93
PROPERTY AN0 EQUIPWEWT, AT COST:
TRANSPORTATION 193,601.84
EQUIPfENT tC RACHINERY 164,889.23
FURNITURE ?t FIXTURES II ,429.77 _------------_--
369,920, 8%
(336 I 656 .00) LESS ACCURULATED DEPRECIATION _---------------
PROPERTY AND EQUIPHENT, MET 33,264.84
DTHER ASSETS:
REFUNDABLE DEPOSITS 1,037 .00 __-----------_-_
TOTAL OTHER ASSETS 1 f 037.00
TOTAL ASSETS $lbl,157.77
__--------------
___---_------__- -----------*---- 0
0
SEE ACCOUHTliMTS' COfPILATION REPORT
I Video
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Inspection Specialists
4705 W. Santa Ana Fresno, CA 9371 1 e (209) 276-01 86
Serving the Western States
FAX (209) 296-9956
SUPPLIERS
1. JORGENSEN BATTERIES (209) 255-0800
4740 E KINGS CANYON ROAD,
FRESNO, CA
2. FREEDOM FORD (209) 486-2480
3247 E ANNADALE AVENUE,
FRESNO, CA 93725
3. ALERT-&LITE (209) 486-4570
2379 SOUTH G STREET I. FRESNO, CA
(209) 291-0383 4. CCV ENGINEERING
5748 E SHIELDS,
FRESNO, CA
(209) 453-9231 5. WESTERN LIGHT SOURCE
1429 N MAPLE,
FRESNO, CA
I.
Date Name and Phone
Contract Name and Address No. of Person
Completed of the Employer to Contract
SEE ATTACIED LIST I
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Type Amount of of
Work Contract
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Inspection Specialists
4705 W. Santa Ana Fresno, CA 9371 1 @ (209) 276-01 86
Serving the Western States
FAX (209) 276-7956
REFERENCES
1. CITY OF INGLEWOOD (310) 412-5111
1, MANCHESTER BLVD,
INGLEWOOD, CA 90301-1750
EUGENE PARKER CONTRACT: $ 47,188.88
2. CITY OF LAS VEGAS (702) 229-6227
DEPT. OF PUBLIC WORKS
3100 E BONANZA ROAD, BLDG.A,
LAS VEGAS, NV 89101 I. LARRY HAUGSNESS CONTRACT $ 79,000.00
3. CITY OF LOMPOC (805) 736-1261
CITY HALL
100 CIVIC CENTER PLAZA, PO 8001
LOMPOC, CA 93438-8001
KAREN MURPHY CONTRACT: $ 34,000.00
4. ADS ENVIRONMENTAL SERVICES (800) 533-3237
7243 EKGINEER ROAD, SUITE D,
SAN DIEGO, CA 92111 1 KEVIN CRUICE CONTRACT $ 51,000.00
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NON-COLLUSION AFFIDAVIT
(TO ACCOMPANY PROPOSAL)
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
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8 The Bidder shall fill in the three blank lines below with:
1.
2.
3.
The name(s) of the person(s) signing this bid on behalf of the Bidder.
The title(s) of the person(s) signing this bid in relation to the Bidder.
The legal name of the Bidder.
State of California 1
County of 1 ) ss.
being first duly SWOI JOHN MIKKELSEN
(Name(s) of Person(s) Signing this Bid on Behalf of the Bidder)
deposes and says that he or she is PRESIDENT
(Title(s) of the Person(s) Signing this Bid in
Relation to the Bidder)
the pal VIDEO INSPECTION SPECIALISTS, INC.
(Legal Name of the Bidder)
making the foregoing bid that the bid is not made in the interest of, or on behalf of, a
undisclosed person, partnership, company, association, organization, or corporation; that t
bid is genuine and not collusive or sham; that the bidder has not directly or indirec
induced or solicited any other bidder to put in a false or sham bid, and has not directly
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put
a sham bid, or that anyone shall refrain from bidding; that the bidder has not in a
manner, directly or indirectly, sought by agreement, communication, or conference w
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, proj
or cost element of the bid price, or of that of any other bidder, or to secure any advanta against the public body awarding the contract or anyone interested in the proposed contra
that all statements contained in the bid are true; and further, that the bidder has n
Non-Collusion Affi&
12/8/93 R
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directly or indirectly, submitted his or her bid price or any breakdown thereof, or th
contents thereof, or divulged information or data relative thereto, or paid, or will not pq
any fee to any corporation, partnership, company association, organhition, bid depositor or to any member or agent thereof to effectuate a collusive or sham bid.
IN UrlTNESS WHEREOF, the undersigned represent and warrant that they have the righ
power, legal capacity and authority to enter into and declare under penalty of perjury th
the foregoing is true and correct, and that this affidavit was executed on behalf of tk
Bidder, and have set their names, titles, and signatures hereon, this / 7 day of /f&w~k
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PROJECT: CMWD PROJECT # 93-405
VIDEO INSPECTION SPECIALISTS, INC BIDDER:
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Name
4705 WEST SANTA ANA, FRESNO, CALIFORNIA 93726
Address
(209) 476-0186
Phone Number r
(NAME TITLE OF OFFICER - I E JANE DOE NOTARY PUBLIC )
before me,
John L. Mikkelsen CAPACITY CLAIMED
a CORPORATE-
Danette Cody, Notary Public
personally appeared
(NAME(S) OF SIGNER(S)) 0 INDIVIDUAL(S)
Witness my hand and official seal. Video Inspect
THIS CERTIFICATE Title or Type of Document Non-Collusion Affidavit -
MUST BE ATTACHED Date of Document *. Number of Pages
Signer@) Other Than Named Above
WOLCOTR FORM 63240-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClPliREPRESENTATION/FINGERPRINT-Rev 12 92
sno, California 93711
Fresno, California 93722
NER'S & CONT PROT
MXA 80119646
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS
NON-OWNED AUTOS
PROPERTY DAMAGE
AGE LIABILITY
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Xw 2 DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAI
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Additional Insured - Owners, Lessees or Contractors (Form B)
CG 20 10 11-85
Policy Amendment General Liability
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INSURED. Video Inspection Specialists POLICY NUMBER MXX 80573561
PRODUCER. Andersen & Eckenrod Insurance EFFECTIVE DATE. May 039 I9g4
SCHEDULE
Name Of Person Or Organization:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
(IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WI
SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT )
WHO IS AN INSURED (Section II) is amended to in-
clude as an insured the person or organization or for you
shown in the Schedule, but only with respect to
liability arising out of your work for that in
This Form must be attached to Change Endorsement when issued after the Policy is written
ONE OF THE FIREMAN’S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY
L(!!& 4. L c1.2& 0 President
CG2010 1 85
Contains Copyrighted Material of Insurance Services Office Inc 1984
--a -
w+ ((cI ADDITTONAL IMSfTmD
INSURED: VIDEO INSPECTION SPECIALISTS, INC.
EFFECTIVE DATE: May 03, 1994
0 POLICY NUMBER: MU80119646
.'
SCBEDUWE
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Name of Person or Organization:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Tbe person or organization shown in the schedule above is an adBitj insured under this policy but only to the extent that the perso
organization is liable far the conduct of an "insured" as define subparagraphs a. and b. of SEction IT, paragraph A.l. WHO IS AN IN:
69 the policy, However, if you have hired or borrowed a covered "i
from that person or organization, they are 811 additional insured on: the hired or borrowed covered rrautoyl is a iftrailerr@ connected ta a co1 llautoB1 you own+
This endorsement is not intended to and should not be construed to e policy coverage beyond that which would otherwise be afforded to person or organization under subparagraph c. of Section 11, paragrapk WHO IS AN INSURED.
PS 57
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STATE COM PE N SAT1 0 N INSURANCE
P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
Fu N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
MAY 6, 1994 POLICY NUMBER: 1100979 -
CERTIFICATE EXPIRES: 5-2-95
r
CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD, CA 92008
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the Californ
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by t
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document w
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the polic
described herein is subject to all the terms, exclusions and conditions of such policies.
-
0 &LE!?
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EMPLOY E R
r 0 VIDEO INSPECTION SPECIALISTS INC 4705 W SANTA ANA FRESNO, CA 93722
L
SClF 10262 (REV 10-86)
City of CarlsLad
Purchasing Department
Representation and Certification e
The following representation and certification are to be completed, signed and returned with propos
REPRESENTATIONS: Mark all applicable blanks. 1 am currently certified by:
This offeror represents as part of this offer that:
(Check appropriate Ethnic Business Type)
Certification #:
CERTIFICATION OF BUSINESS
REPRESENTATION(S):
Mark all applicable blanks. This offeror reprc
part of this offer that:
This firm is , is not X
minority business.
This firm is , is not X
woman-owned business.
WOMAN-OWNED BUSINESS: A wor
business is a business of which at least 51
owned, controlled and operated by a woman
Controlled is defined as exercising the pow
policy decisions. Operation is defined
involved in the day-to-day management.
DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: "Minority
usiness" is defined as a business, at least 51 percent of
hich is owned, operated and controlled by minority
group members, or in the case of publicly owned
businesses, at least 51 percent of which is owned,
operated and controlled by minority group members.
The Small Business Administration defines the socially
and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le.
American Indian, Eskimos, Aleuts and Native Hawaiians),
and Asian-Pacific Americans (Le., U.S. Citizens whose
origins are from Japan, China, the Philippines, Vietnam,
Korea, Samoa, Guam, the U.S. Trust Territories of the
Pacific, Northern Marianas. Laos. Cambodia and Taiwan).
CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
6
VIDEO INSPECTION SPECIALISTS, INC. JOHN MIKKELSEN
COMPANY NAME NAME
4705 WEST SANTA ANA PRESIDENT
ADDRESS TITLE
FRESNO, CA 93722
CITY,STATE AND ZIP 0 (209) 276-0186 y- Z%+-qY
TELEPHONE NUMBER DATE
12/92
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CONTRACT - PUBLIC WORKS
This agreement is made this//day of 19&by and between the Carlsb;
Municipal Water District of Carlsba "* 4 Calif0 munici a1 corporation, (hereinafter callc
whose princip "District"), and VIDEO INSPEC ION SPE&AL~ST$ INC.
t
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place of business is 4705 WEST SANTA ANA, FRESNO CA 93726
District and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contra
Documents for:
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SEWER MAIN "ELJWISION INSPECTION
CONTRACT 2489 - CMWD PROJECT NO. 93-405
(hereinafter called "project".)
Provisions of Labor and Materials. Contractor shall provide all labor, materia
tools, equipment, and personnel to perform the work specified by the Contrz
Documents.
Contract Documents. The Contract Documents consist of this Contract, Notj
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontract0
Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusi
Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, t
Special Provisions, and all proper amendments and changes made thereto
accordance with this Contract or the Plans and Specifications, and all bonds for t project; all of which are incorporated herein by this reference.
Contractor, herbs subcontractors and materials suppliers shall provide and install t
work as indicated, specified, and implied by the Contract Documents. Any itei of work not indicated or specified, but which are essential to the completion of t
work, shall be provided at the Contractor's expense to fulfill the intent of SI
documents. In all instances through the life of the Contract, the District will be t
interpreter of the intent of the Contract Documents, and the District's decisi
relative to said intent will be final and binding. Failure of the Contractor to appr
subcontractors and materials suppliers of this condition of the Contract will I
2.
3.
I relieve responsibility of compliance.
Contract - Public Wa
12/8/93 R
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Payment. For all compensation for Contractor's performance of work under th Contract, District shall make payment to the Contractor per Section 9-3 of t€
Standard SDecifications for Public Works Construction (SSPWC) 1991 Edition, an
the latest supplement, hereinafter designated "SSPWC', as issued by the Southei
California Chapter of the American Public Works Association and as amended 1
the special provisions section of this contract. The closure date for each month
invoice will be the 30th of each month. Invoices from the Contractor shall t:
submitted according to the required District format to the District's assigned proje
manager no later than the 5th day of each month. Payments will be delayed
invoices are received after the 5th of each month. The final retention amount sh2
not be released until the expiration of thirty-five (35) days following the recordi
of the Notice of Completion pursuant to California Civil Code Section 3184.
Public Contract Code section 20104.50 requires a summary of its contents to be s
forth in the terms of the contract. Below is such a summary. However, contract
should refer to Public Contract Code section 20104.50 for a complete statement
the law.
The District shall make progress payments within 30 days after receipt of (
undisputed and properly submitted payment request from a contractor on
construction contract. If payment is not made within 30 days after receipt of l
undisputed and properly submitted payment request, then the District shall p interest to the contractor equivalent to the legal rate set forth in subdivision (a)
section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the District shall, as soon as practicable af
receipt, determine whether the payment request is a proper payment request. If 1
District determines that the payment request is not proper, then the request shall
returned to the contractor as soon as practicable but not later than seven (7) d
after receipt. The returned request shall be accompanied by a document setting fo
in writing the reasons why the payment request was not proper.
If the District fails to return the denied request within the seven (7) day time lin
then the number of days available to the District to make payment without incum
interest shall be reduced by the number of days by which the District exceeds 1
seven (7) day return requirement.
"Progress payment" includes all payments due contractors except that portion of 1
final payment designated by the contract as "retention earnings".
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5. Indeoendent Investigation. - Contractor has made an independent investigation of
jobsite, the soil conditions at the jobsite, and all other conditions that might afi
the progress of the work, and is aware of those conditions. The Contract pi
includes payment for all work that may be done by Contractor, whether anticipa
or not, in order to overcome underground conditions. Any information that r
have been furnished to Contractor by District about underground conditions or otl
convact - Public Wc 1mm 1
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job conditions is for Contractor’s convenience only, and District does not warra
that the conditions are as thus indicated. Contractor is satisfied with all ja
conditions, including underground conditions and has not relied on informatic
furnished by District.
Contractor Responsible for Unforeseen Conditions. Contractor shall be responsib
for all loss or damage arising out of the nature of the work or from the action of tl
elements or from any unforeseen difficulties which may arise or be encountered
the prosecution of the work until its acceptance by the District. Contractor shall ah
be responsible for expenses incurred in the suspension for discontinuance of t€
work. However, Contractor shall not be responsible for reasonable delays in tl
completion of the work caused by acts of God, stormy weather, extra work, (
matters which the specifications expressly stipulate will be borne by District.
Cal OSHA Permits. Contractor will obtain permits from Cal OSHA if require including but not limited to, permits for excavations over four feet deep.
Hazardous Waste or Other Unusual Conditions. If the contract involves diggi
trenches or other excavations that extend deeper than four feet below the surfac
Contractor shall promptly, and before the following conditions are disturbed, not
District, in writing, of any:
A.
I’
6.
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8.
Material that Contractor believes may be material that is hazardous waste,
defined in Section 25117 of the Health and Safety Code, that is required
be removed to a Class I, Class 11, or Class I11 disposal site in accordance wii 1 provisions of existing law.
I indicated.
B. Subsurface or latent physical conditions at the site differing from thc
C. Unknown physical conditions at the site of any unusual nature, Were
materially from those ordinarily encountered and generally recognized
inherent in work of the character provided for in the contract. I
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District shall promptly investigate the conditions, and if it finds that the conditic
do materially so differ, or do involve hazardous waste, and cause a decrease
increase in contractor’s costs 0% or the time required for, performance of any p
of the work shall issue a change order under the procedures descriied in t
contract.
In the event that a dispute arises between District and Contractor whether 1
conditions materially differ, or involve hazardous waste, or cause a decrease
increase in the Contractor’s cost of, or time required for, performance of any pari
the work, Contractor shall not be excused from any scheduled completion d
provided for by the contract, but shall proceed with all work to be performed unc
Contract - Public Wc
12/8/93 E
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the contract. Contractor shall retain any and all rights provided either by contrac
or by law which pertain to the resolution of disputes and protest between th
contracting parties.
Change Orders. District may, without affecting the validity of the Contract, ordc changes, modifications and extra work by issuance of written change order
Contractor shall make no change in the work without the issuance of a writte
change order, and Contractor shall not be entitled to compensation for any exti
work performed unless the District has issued a written change order designating j
advance the amount of additional compensation to be paid for the work. If a chang
order deletes any work, the Contract price shall be reduced by a fair and reasonab’
amount. If the parties are unable to agree on the amount of reduction, the wo
shall nevertheless proceed and the amount shall be determined by litigation. TI only person authorized to order changes or extra work is the Project Manager. TI
written change order must be executed by the Executive Manager or the Board
Directors, as allowed by law and according to the latest procedures adopted 1
resolution of the board.
Immipration Reform and Control Act. Contractor certifies he is aware of tl
requirements of the Immigration Reform and Control Act of 1986 (8 USC Sectio
1101-1525) and has complied and will comply with these requirements, including, b
not limited to, verifying the eligibility for employment of all agents, employet
subcontractors, and consultants that are included in this Contract.
Prevailing Wage. Pursuant to the California Labor Code, the director of t’
Department of Industrial Relations has determined the general prevailing rate of F
diem wages in accordance with California Labor Code, Section 1773 and a copy
a schedule of said general prevailing wage rates is on file in the office of t
Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to Won
Labor Code Section 1775, Contractor and all subcontractors shall pay prevaili
wages. Contractor shall post copies of all applicable prevailing wages on the job si
For this contract, eight hours shall constitute a legal day’s work. Work beyond eil
hours shall be paid at a rate not less than one and one half times the prevaili
rates. Wage rates for Sundays and holidays shall be paid at a rate not less than fi
times the prevailing rates. The holidays upon which such rates shall be paid shall
all holidays recognized in the collective bargaining agreement applicable to t
particular craft, classification or type of workers employed on the projects.
Indemnification. Contractor shall assume the defense of, pay all expenses of defen
and indemnify and hold harmless the District, and its officers and employees, fic
all claims, lawsuits or judgements for any loss, damage, injury and liability of ev
kind, nature and description,-directly or indirectly arising from or in connection M
the performance of the Contractor or work; or from any failure or alleged failure
Contractor to comply with any applicable law, rules or regulations including thc
relating to safety and health; except for loss or damage which was caused solely
Contract - Public Wc
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the active negligence of the District; and from any and all claims, loss, damage
injury and liability, howsoever the same may be caused, resulting directly or indirect
from the nature of the work covered by the Contract, unless the loss or damage wi caused solely be the active negligence of the District. The expenses of defens
include all costs and expenses including attorneys fees for litigation, arbitration, ( other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contra
insurance against claims for injuries to persons or damage to property which m;
arise from or in connection with the performance of the work hereunder by tl
Contractor, his agents, representatives, employees or subcontractors. Said insuranc
shall meet the District’s policy for insurance as stated in Resolution No. 772.
(A)
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COVERAGES AND LIMITS - Contractor shall maintain the types
coverages and minimum limits indicted herein:
1. Comprehensive General Liabilitv Insurance:
$1,0o0,OOO combined single limit per occurrence for bodily injury a
property damage. If the policy has an aggregate limit, a separ2
aggregate in the amounts specified shall be established for the risks 1
which the District or its agents, officers or employees are additio1
insureds.
2. Automobile Liabilitv Insurance:
$l,OOO,OOO combined single limit per accident for bodily injury a
property damage. In addition, the auto policy must cover any vehic
used in the performance of the contract, whether used onsite or offsi
whether owned, nonowned or hired, and whether scheduled or nc
scheduled. The auto insurance certificate must state the coverage
for “any auto‘’ and cannot be limited in any manner.
Workers’ Compensation and Emdovers’ Liabilitv Insurance:
Workers’ compensation limits as required by the Labor Code of
State of California and Employers’ Liability limits of $l,O0O,OOO 1
incident. Worker’s compensation offered by the State Compensat
Insurance Fund is acceptable to the District.
3.
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(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policia
insurance required under this agreement contain, or are endorsed to conti the following provisions. General Liability and Automobile Liabj
Coverages:
Contract - Public Wc
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1. The District, its officials, employees and volunteers are to be covere
as additional insureds as respects: liability arising out of activitic performed by or on behalf of the Contractor; products and complete
operations of the contractor; premises owned, leased, hired c
borrowed by the contractor. The coverage shall contain no speci, limitations on the scope of protection afforded to the District, i
officials, employees or volunteers.
The Contractor's insurance coverage shall be primary insurance i
respects the District, its officials, employees and volunteers. AI insurance or self-insurance maintained by the District, its official
employees or volunteers shall be in excess of the contractor's insuranc
and shall not contribute with it.
Any failure to comply with reporting provisions of the policies sh
not affect coverage provided to the District, its officials, employees (
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3. I volunteers.
4. Coverage shall state that the contractor's insurance shall apF
separately to each insured against whom claim is made or suit
brought, except with respect to the limits of the insurer's liability.
(C) "CLAIMS MADEff POLICIES - If the insurance is provided on a "clair
made" basis, coverage shall be maintained for a period of three yea
following the date of completion of the work.
NOTICE OF CANCELLATION - Each insurance policy required by tl
agreement shall be endorsed to state that coverage shall not be suspende
voided, canceled, or reduced in coverage or limits except after thirty (3
days' prior written notice has been given to the District by certified ma
(D)
I return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) IFVET!
Any deductibles or self-insured retention levels must be declared to a
approved by the District. At the option of the District, either: The insux
shall reduce or eliminate such deductiiles or self-insured retention levels respects the District, its officials and employees; or the contractor sh
procure a bond guaranteeing payment of losses and related investigatic
claim administration and defense expenses.
WAIVER OF SUBROGATION - All policies of insurance required unc
this agreement shall contain a waiver of rights of subrogation the insurer m
have or may acquire against the District or any of its officials or employec
(G) SUBCONTRACTORS - Contractor shall include all subcontractors insureds under its policies or shall furnish separate certificates a
endorsements for each subcontractor. Coverages for subcontractors shall
Contract - Public Wa
12/8/93E
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ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurer
that have a rating in Best’s Key Rating Guide of at least A-:V, and ar
authorized to transact the business of insurance by the Insuranc
Commissioner under the standards specified by the Board of Directors 1
(H) r’
I Resolution No. 772.
(I) VERIFICATION OF COVERAGE - Contractor shall furnish the Distri
with certificates of insurance and original endorsements affecting coverag
required by this clause. The cert5cates and endorsements for each insuranc
policy are to be signed by a person authorized by that insurer to bir
coverage on its behalf. The certificates and endorsements are to be in forr
approved by the District and are to be received and approved by the Distrj
before work commences.
COST OF INSURANCE - The Cost of all insurance required under tl
agreement shall be included in the Contractor’s bid.
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(J)
14. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolvc
in accordance with the provisions in the Public Contract Code, Division 2, Part
Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated
reference. The contractor shall initially submit all claims over $375,000 to the Distr
using the informal dispute resolution process described in Public Contract Co subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section oft
contract, all claims shall comply with the Government Tort Claims Act (section 9 - et g of the California Government Code) for any claim or cause of action i
money or damages prior to filing any lawsuit for breach of this agreement.
Maintenance of Records. Contractor shall maintain and make available at no c
to the District, upon request, records in accordance with Sections 1776 and 1812
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maint
the records at Contractor’s principal place of business as specified above, Contrac
shall so inform the District by certified letter accompanying the return of t
Contract. Contractor shall note the District by certified mail of any change
15.
I address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing v t Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier’s check, or certified check may
substituted for any monies withheld by the District to secure performance of
contract for any obligation established by this contract. Any other security tha
mutually agreed to by the Contractor and the District may be substituted for mol
withheld to ensure performance under this Contract.
16.
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18.Affirmative Action.The Carlsbad Municipal Water District is an equal opportunity
employer.
19.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 otherwise,any such provision
is not inserted,or is not correctly inserted,then upon application of either party,the
Contract shall forthwith be physically amended to make such insertion or correction.
NOTARIAL ACKNOWLEDGMENT OF
EXECUTION BY ALL SIGNATORIES
MUST BE ATTACHED
(CORPOMTE ~RJili)
APPROVED TO AS TO FORM:
RONALD R.BALL
General Counsel
By:
.-
(4e&t?1!1 r,e-f;t/~4"("cIa b/~-lve.Contractor I
Print Name of Signatory
Signature of Signatory
Title
ATIEST:
~,-,(~ALETHA L RAuTENKRANi&Cl"e ~
Contract -Public Works
12/8/93 Rev.
II
18. Affirmative Action. The Carlsbad Municipal Water District is an equal opportd employer.
Provisions Required by Law Deemed Inserted. Each and every provision of law ar
clause required by law to be inserted in this Contract shall be deemed to be hefit
herein and included herein, and i& through mistake or otherwise, any such pr-ic
is not inserted, or is not correctly inserted, then upon application of either party, t,
Contract Shall forthwith be physically amended to make such insertion or correctic
19. f
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1 EXECUTION BY ALL SIGNATORIES -
I (CORPORATESEAL) &A
-
///PO *Tdr SRPd/& L;; fL,cI h Contractor ~0l"l' ACKNOWLEDGMENT OF
MUST BE AlTACHED /a h c. /% /c/cr/.cy Print Name of Signatory
(NAME TITLE OF OFFICER I E JANE DOE NOTARY PUBLIC )
State of California
n April 28, 1994 before me, Danette Cody, Notary Public
John L. Mikkelsen CAPACITY CLAIMED B
E3 CORPORATE-
OFFICER(S) -
(NAME(S) OF SIGNER(S)) 0 INDIVIDUAL(S)
Video Inspectii
' THIS CERTIFICATE Title orType of Document Contract for Carlsbad Municipal w
Number of Pages p Date of Document
Signer(s) Other Than Named Above
WOLCO~S FORM ~~~O-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACIP//REPRESENTATION/FINGERPRINT-ReV 12-92
w--- - ~
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Bond #146193P Premium Included in
Performance Bond 2
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8 * LABOR AND MATERIALS BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, State c
California, by Resolution No. 866 , adopted APRIL 19, 1994 , hr
awarded to VIDEO INSPECTION SPECIALISTS. INC. (hereinafter designate
as the "Principal"), a Contract for:
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SEWER MAIN TELEVISION INSPECTION I CONTRACT NO. 2489 - CMWD PROJECT NO. 93-405
in the Carlsbad Municipal Water District, in strict conformity with the drawings ar
specifications, and other Contract Documents now on file in the Office of the Secretary
the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), and all of whi
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the ten
thereof require the furnishing of a bond, providing that if Principal or any of tht
subcontractors shall fail to pay for any materials, provisions, provender or other supplies
teams used in, upon or about the performance of the work agreed to be done, or for a
work or labor done there of any kind, the Surety on this bond will pay the same to i
extent hereinafter set forth.
k, NOW, THEREFORE, WE, VIDEO INSPECTION SPECIALISTS, INC. 9
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Principal (hereinafter designated as the "Contractor"), and INDEMNITY COMPANY OF
CALIFORNIA as Surety, are held firmly bound unto the Carlsbad Municipal Water Disti
inthesumofTWENTY FIVE THOUSAND FIVE HUNDRED FIFTY TWO AND 17/(
Dollars ($ 258552. l7 ), said sum being fifty percent (50%) of 1
estimated amount payable by the Carlsbad Municipal Water District under the terms of
Contract, for which payment well and truly to be made we bind ourselves, our he
executors and administrators, successors, or assigns, jointly and severally, firmly by th
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/
subcontractors fail to pay for any materials, provision, provender, supplies, or teams u in, upon, for, or about the performance of the work contracted to be done, or for any ot
work or labor thereon of any kind, or for amounts due under the Unemployment Insura
Code with respect to such work or labor, or for any amounts due under the Unemplop
Insurance Code with respect to such work or labor, or for any amounts required to
deducted, withheld, and paid over to the Employment Development Department from
wages of employees of the contractor and subcontractors pursuant to Section 13020 of
Unemployment Insurance Code with respect to such work and labor that the Surety will
for the same, not to exceed the sum specified in the bond, and, also, in case suit is bror
upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fi
to be fixed by the court, as required by the provisions of Section 3248 of the California 4
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Labor and Materials 1
12/8/93
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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).
In the event that Contractor is an individual,it is agreed that the death of any such
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this '/
day of Hat ,19~I
CONTRACTOR:
VIDEO INSPECTION SPECIALISTS,INC.
(Name of Contractor)
By:~~~)~~
)dUfj {.Cf,(cfce/)(7
(print name here)
!Z-cz(e&~l
(title and organization of signatory)
By:_
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this 4th day of
May ,1~4.
SURETY:
.INDEMNITY COMPANY OF CALIFORNIA
(Name of Surety)
By:_
Signature of Attorney-in-Fact
Dennis H.Pope
Printed name of Attorney-in-Fact
(attach corporate resolution showing
current power of attorney)
(Proper notarial acknowledge of execution by CONTRACfOR and SURETY must be attached.)
(president or vice-president and secretary or assistant secretary must sign for corporations.ITonly 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
GennunselBy:~&24 ~.~.Q~
q,O/C;lj
Deputy General Counsel
Labor and Materials Bond
12/8/93 Rev.
1' 2
This bond shall inure to the benefit of any and all persons, companies and corporatior entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commench
with Section 3082).
In the event that Contractor is an individual, it is agreed that the death of any SUC
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this y
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Executed by SURETY this 4th day I day of Hay ,19=. May ,19A.
(
CONTRACrOR SURETY:
VIDEO INSPECTION SPECIALISTS, INC. INDEMNITY COMPANY OF CALIFORNIA --
(Name of Contractor)
1 Id& L. H. ,/c/cs/s t 7 Dennis H. Pope
(print name here) Printed name of Attorney-in-Fact -
. (attach corporate resolution showi
(title and organization of signatory) current power of attorney)
I__- - ---. ~ L._^ I-
(zlConPoMtE -
DEBBIE YOUNG, NOTARY OfFlCER(S) __
a, On 5-4-94 Moreme, (name, tltte of otficet)
personalty appeared DENNIS H* POPE
Witness my hand and ollicial seal. SIGNER NRUC oc wneotm IS REPRES an mmw
INDEMNITY cow
-- -I_____
TI !IS CEt7TIFICATE
TO 1 t tE DOCUMEN1 DFSCtllBED AT hlGlttt
title or type ol bocumetlt Contract Bond #146193P - Video Ins
' , MUSfREAt%AC~IEb Number of Pages - 2 Date of t)ocumetit 5-4-94
Slghetis) Olhsr tlinn Named Above ____ - __ --. -_-__ - _- -
*.
RD- f 133 (t /9q
4 * POWER OF ATTORNEY OF
I N D EM N I TY C 0 M PA NY 0 F C A Ll FOR N I A
AND DEVELOPERS INSURANCE COMPANY N! :
P.O. BOX 19725, IRVINE, CA 92713 * (714) 263-3300
TICE: 1. All power and authority hserein granted shail in any event terminate on the 31st day of March, 4996.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink.
4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records.
e
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANC severally, but not jointly, hereby make, constitute and appoint
***DENNIS H. POPE, MICHAEL E. RUSSELL, STEPHANIE K. VINCENT, JOSEPH A. PROIETTI, JO'INTLY OF
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undert
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified anc
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on fin:
bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Di
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to exec
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to ar
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be
tive Presidents and attested by their respective Secretaries this 1st day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
Da e F. ll&:l, Vincenti, Jr. BY
AQp%> o
*, 4, IF o +'",.p 0 ATTEST
. Qq President
ATTEST J E I967
BY h&k?d
BY ~ &&&k Walter Crowell Walter Secretary Crowell
Secretary
STATE OF CALIFORNIA)
) ss. COUNTY OF ORANGE )
On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell. personally known to me (or provided to me on
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in I
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ins
WITNESS my hand and official seal.
.&*-\. 7
Signature - /
CERTIFICATE
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE C
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resol Boardsof Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
his Certificate is executed in the City of Irvine, California, this 4th day of May ,1994.
DEVELOPERS INSURANCE COMPANY * INDEMNITY COMPANY OF CALIFORNIA
BY ATWh Senior L.C. Vice Fiebiger President
ID-310 REV. 4/93
AQ:Qwr o 0 5 E 1967 BY &e) L.C. '1/2=1& Fiebiger F
*/%o&.~ Senior Vice President
* Dona ~~1401~3~ R Premium $1,278.00
FAITHFUL PERFORMANCEW ARRANTY BOND 1 0 WHEREAS, the Board of Directors of the Carlsbad Munici al Water District, State
MARCH 19, 7994 , has awarded California, by Resolution No. , adopted 1 VIDEO INSPECTION SPECIALISTS, INC. J (hereinafter designated as tl
"Principal"), a Contract: li SEWER MAIN TELEVISION INSPECTlON
866
CONTRACT 2489 - CMWD PROJECT NO. 93405 I
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in the Carlsbad Municipal Water District, in strict conformity with the contract, the drawh
and specifications, and other Contract Documents now on file in the Office of the Secret;
of the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), all of wh
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the ter
thereof require the furnishing of a bond for the faithful performance and warranty of SI
Contract;
NOW, THEREFORE, WE, VIDEO INSPECTION SPECIALISTS, INC. , as PkciF
(hereinafter designated as the "Contractor"), and INDEMNITY COMPANY OF CALIFO~
Surety, are held and firmly bound unto the Carlsbad MUIJ&~~ 1 1 Water District, in the si
of FIFTY ONE THOUSAND ONE HUNDRED FOUR E
said sum being equal to one hundred percent (100%) of the estimated amount of
Contract, to be paid to District or its certain attorney, its successors and assigns; for wh
payment, well and truly to be made, we bind ourselves, our heirs, executors i
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounc
Contractor, their heirs, executors, administrators, successors or assigns, shall in all thi
stand to and abide by, and well and truly keep and perform the covenants, conditions, i
agreements in the Contract and any alteration thereof made as therein provided on tl
part, to be kept and performed at the time and in the manner therein specified, and in
respects according to their true intent and meaning, and shall indemnify and save hami
the Carlsbad Municipal Water District, its officers, employees and agents, as the1 stipulated, then this obligation shall become null and void; otherwise it shall remain in
force and effect.
As a part of the obligation secured hereby and in addition to the face amount speci
therefor, there shall be included costs and reasonable expenses and fees, incluc
reasonable attorney's fees, incurred by the District in successfully enforcing such obligat
all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no charge, extension of the, alteration or addition to
Faithful Performi warranty f
12/8/93
). bollars ($51,104.34
31
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,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 Y
day of tier(:,19.,U:
CONTRACTOR:
VIDEO INSPECTION SPECIALISTS,INC.
(NC'me of Contractor)
By:~~
~-(sig..'1 here)
_:JezUI-t L-.(l-(r/c(cY'f7~':1
(print name here)
f!r(q{cI;~r
(title and organization of signatory)
~v.:,'"~.1.---------------
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this 4th day of
May ,19.21...
SURETY:
INDEMNITY COMPANY OF CALIFORNIA.-------------_.;._--
(Name of Surety)
By:_
Signature of Attorney-in-Fact
Dennis H.Pope
Printed name of Attorney-in-Fact
(attach corporate resolution showing
current power of attorney)
(proper notarial acknowledge of execution by CON1RACI'OR and SURETY must be attached.)
(President and vice-president and secretary must sign for corporations.If only one officer signs,the
corporation 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
Gener~unselBy:f 'rd~Q (1«&L~
Deputy General Counsel
S/'()/c,4
Faithful Performance!
Warranty Bond
12/8/93 Rev.
t
on 5-4-94 betoteme, DEBBIE YOUNG, NOTARY (nrrme, title of otlicer)
* personallyappeared IIE**S H* POPE
KJ personally known to ma - OR - t3 ptovtJd to me on the bash 01 satlslactoty
evidence to be the petsonfs) whose name@) Idare subscrlbed to the with- in instrument and acknowledged to me that heistielthey executed the
game In hts/het/tfielr authotlted capaclty(les), and that by hlg/ tier/ Ihelr slg- natwe(s) on the lnstturnent the pW80h(S), ot the ehtlly upon behalt of whlch the person(s) ecled, executed the instrument.
Witness my hand and ollicisl seal. ,
\ \ I, '\ \ ' L k.,( \,< IL --', ' \ LT --- -- amtwvncw tmmr I L \I
UCOnPORAtE -
OFFICER(S) -
13 PAhtNEn(S) B AttOhNEY-IN-Ph
tl tnUSTEE(S1 tl suesctlrer~o WI a GUAnb1AN/CON,
L3 OTHER ____
SIGNER IS REPRESI MAYE w rtneowm on wtnim
INDEMNITY COMPA
-__--
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I' OPTIONAL
ESCROW AGREEMENT FOR SuRFlry
DEPOSITS IN LIEU OF RETENTION
I
1 This Escrow Agreement is made and entered into by and between the Carlsbad Municip
Water District whose address is 5950 El Camino Real, Carlsbad, California 92OC
hereinafter called "District" and
whose address is hereinafter called "Contractor" and
I
I hereinafter called "Escrow Agent." ' as follows:
whose address is
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agr
1. Pursuant to Section 22300 of the Public Contract Code of the State of Califom
Contractor has the option to deposit securities with Escrow Agent as a substiti
for retention earnings required to be withheld by District pursuant to 1
Construction Contract entered into between the District and Contractor for-
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SEWER MAIN TELEXISION INSPECTION, CONTRACT 2489,
CMWD PROJECT NO. 93-405 in the amount of
dated (hereinafter referred to as the "Contract"). Alternativt
on written request of the Contractor, the District shall make payments of 1
retention earnings directly to the Escrow Agent. When Contractor deposits 1
securities as a substitute for Contract earnings, the Escrow Agent shall notify 1
District within ten (10) days of the deposit. The market value of the securities at 1
time of the substitution shall be at least equal to the cash amount then required
be withheld as retention under the terms of the Contract between the District a Contractor. Securities shall be held in the name of Carlsbad Municipal Wa
District and shall designate the Contractor as the beneficial owner.
The District shall make progress payments to the Contractor for such funds wl
otherwise would be withheld from progress payments pursuant to the Conti
provisions, provided that the Escrow Agent holds securities in the form and am0
specified above.
When the District makes payment of retentions earned directly to the Escrow Agc
the Escrow Agent shall hold them for the benefit of the Contractor until such ti
as the escrow created under this contract is terminated. The Contractor may di
the investment of the payments into securities. All terms and conditions of
agreement and the rights and responsibilities of the parties shall be equally applia
and binding when the District pays the Escrow Agent directly.
2.
3.
Escrow Agreemen
Surety Deposi
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4. Contractor shall be responsible for paying all fees for the expenses incurred b
Escrow Agent in administering the Escrow Account and all expenses of the Distric
These expenses and payment terms shall be determined by the District, Contractc
and Escrow Agent.
The interest earned on the securities or the money market accounts held in escro' and all interest earned on that interest shall be for the sole account of Contractr
and shall be subject to withdrawal by Contractor at any time and from time to tin
without notice to the District.
Contractor shall have the right to withdraw all or any part of the principal in tl
Escrow Account only by written notice to Escrow Agent accompanied by writtt
authorization from District to the Escrow Agent that District consents to tl
withdrawal of the amount sought to be withdrawn by Contractor.
The District shall have a right to draw upon the securities in the event of default 1
the Contractor. Upon seven (7) days written notice to the Escrow Agent from t
District of the default, the Escrow Agent shall immediately convert the securities
cash and shall distribute the cash as instructed by the District.
Upon receipt of written notification from the District certifying that the Contract
final and complete, and that the Contractor has complied with all requirements a
procedures applicable to the Contract, Escrow Agent shall release to Contractor
securities and interest on deposit less escrow fees and charges of the Escrow Accou
The escrow shall be closed immediately upon disbursement of all monies a
securities on deposit and payments of fees and charges.
Escrow agent shall rely on the written notifications from the District and 1
Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and 1
District and Contractor shall hold Escrow Agent harmless from Escrow Age1
release and disbursement of the securities and interest as set forth above.
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The names of the persons who are authorized to give written notice or to receiv
written notice on behalf of the District and on behalf of Contractor in connectio
with the foregoing, and exemplars of their respective signatures are as follows:
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1 Title Title
8 Name Name
8 Signature Signature
I Address Address
On behalf of Contractor:
On behalf of Escrow Agent: I
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R Signature
Address ... - ...
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At the time the Escrow Account is opened, the District and Contractor shall deliver to th
Escrow bent a my executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their prop
officers on the date first set forth above.
District: Contractor:
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RELEASE FORM
0 THIS FORM SHALL BE SUBMI'ITED AND APPROVED PRIOR TO APPROVAL (
MONTHLY PROGRESS PAYMENTS
NAME OF CONTRACTOR.
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges upon payment in the full amou
specified all compensation of whatever nature due the Contractor for all labor and materir
finished and for all work performed on the above-referenced project for the pen(
specified above with the exception of contract retention amounts and disputed work
claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
I SEWER MAIN TELEVISION INSPECIlON
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DISPUTED WORIUCLAIMS
AMOWCLAIME
DESCRIPTION OF DISPUTED WOWCLAIM [OR ESTWTI
The Contractor further expressly waives and releases any claim the Contractor may hav
of whatever type or nature, for the period specified which is not shown as dispute
work/claim on this form. This release and waiver has been made voluntarily by Contract(
without any fraud, duress or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, ar
work due Subcontractors for the specified period will be paid according to Public Contra
Code Section 20104.50 and Business and Professions Code Section 7108.5 and that th
parties signing below on behalf of Contractor have express authority to execute this releasc
DATED:
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PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporatioi
etc.)
By: I Title:
By:
Title:
Release Fon
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SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
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1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings
Where words "shown," "indicated," ''detailed," "noted," "scheduled," or words of simil
import are used, it shall be understood that reference is made to the plans aceompang
these provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated,'* "selected," or words of similar import are used, it sh
be understood that the direction, designation or selection of the Engineer is intended, unlc
stated otherwise. The word "required" and words of similar import shall be understood
mean "as required to properly complete the work as required and as approved by t
District Engineer," unless stated otherwise. b
I C. Equals and Approvals:
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Where the words "equal," "approved equal," "equivalent," and such words of similar imp(
are used, it shall be understood such words are followed by the expression "in the opG
of the Engineer," unless otherwise stated. Where the words "approved," %pprovi
"acceptance," or words of similar import are used, it shall be understood that the appro\
acceptance, or similar import of the District is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his exper
shall perform all operations, labor, tools and equipment, and further,
furnishing and installing of materials that are indicated, specified or required to mean t
the Contractor, at herbs expense, shall furnish and install the work, complete in place i
ready to use, including furnishing of necessary jabor, materials, tools, equipment, i
transportation.
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0 1-2DEFINITIONS
Modlfil section 1-2 as follows:
Agency - the Carlsbad Municipal Water District, Carlsbad, California
Engineer - the District Engineer for the Carlsbad Municipal Water District or his approvc
representative.
2-4 CONTRACT BONDS
Delete the third sentence of the first paragraph having to do with a surety being listed in t.
latest revision of U.S. Department of Treasury Circular 570.
Mod@ Paragraph three and four to read:
The contractor shall provide a faithful performancehvarranty bond and payment bond (lak
and materials bond) for this contract. The faithful performancehvarranty bond shall be
the amount of 100 percent of the contract price and the payment bond shall be in t
amount of 50 percent of the contract price. Both bonds shall extend in full force and effc
and be retained by the District during the course of this project until they are releas
according to the provisions of this section.
The faithful performancehvarranty bond will be reduced to 25 percent of original amo
35 days after recordation of the Notice of Completion and will remain in full force and eff
for the one year warranty period and until all warranty repairs are completed to
satisfaction of the District engineer.
The payment bond shall be released six months plus 35 days after recordation of the No1
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
transact the business of insurance in California and whose assets exceed their liabilitie
an amount equal to or in excess of the amount of the bond. The bonds are to contain
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1 following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of atton
by laws, or other instrument entitling or authorizing the person who executed
bond to do so.
A certified copy of the certificate of authority of the insurer issued by the insurz
special Provi!
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If the bid is accepted, the District may require a financial statement of the assets a~
liabilities of the insurer at the end of the quarter calendar year prior to 30 days ne
preceding the date of execution of the bond. The financial statement shall be made by i
officer's certificate as defined in Section 173 of the Corporations Code. In the case
foreign insurer, the financial statement may be verified by the oath of the principal offic
or manager residing within the United States.
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2-5 PLANS AND SPECIFICATIONS
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To Section 2-5.1, General, add:
The specifications for the work include the Carlsbad Sewer System Design Criteria ai
Standard Drawings and SDecification, 5/11/93 Revised Edition. and the Standa
SDecifications for Public Works Construction, (SSPWC), 1991 Edition, and the latc
supplement, hereinafter designated "SSPWC", as issued by the Southern California Chapi
of the American Public Works Association, and as amended by the Special Provisio
section of this contract.
The Construction Plans consist of 1 sheet(s) designated as Carlsbad Municipal Wat
District Drawing No. N/A . The standard drawings utilized for this project are t
latest edition of the NIA I.
I - w Copies of pertinent standard drawings are enclosed with these documents.
To Section 2-53, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacture
direction, the Contractor shall obtain and distniute the necessary copies of such instructic
including two (2) copies to the District.
2-5.4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record set
transparent sepias, which shall be corrected daily and show every change from the origii
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipme
underground piping, valves, and all other work not visible at surface grade. Prints for tl
purpose may be obtained from the City at cost. This set of drawings shall be kept on t
job and shall be used only as a record set and shall be delivered to the Engineer up
completion of the work.
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1 I 3-5 DISPUTED WORK
To Section 3-5, Disputed Work, add:
All claims by the contractor for $375,000 or less shall be resolved in accordance with tl procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 3
(commencing with Section 20104) which is set forth below:
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ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
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5 20104. Application of article; inclusion of article in plans and specifications
(a) (1) This article applies to all public works claims of three hundred seventy-fi thousand dollars ($375,000) or less which arise between the contractor and a local agenc
(2) This article shall not apply to any claims resulting from a contract between a contractc
and a public agency when the public agency has elected to resolve any disputes pursuant
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Coc
except that "public work" does not include any work or improvement contracted for by t
state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (
payment of money or damages arising from work done by or on behalf of the contracl
pursuant to the contract for a public work and payment of which is not otherwise expres
provided for or the claimant is not otherwise entitled to, or (C) an amount the payment
which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans
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.
8 20104.2. Claims; requirements; tort claims not covered by this article
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 1
claim. Claims must be filed on or before the date of final payment. Nothing in t
subdivision is intended to extend the time limit or supersede notice requirements othem
provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency SI
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respond in writing to any written claim within 45 days of receipt of the claim, or ma
request, in writing, within 30 days of receipt of the claim, any additional documentatio. supporting the claim or relating to defenses to the claim the local agency may have agains
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(2) If additional information is thereafter required, it shall be requested and provide
pursuant to this subdivision, upon mutual agreement sf the focal agency and the claiman
(3) The local agency’s written response to the claim, as further documented, shall b
submitted to the claimant within 15 days after receipt of the further documentation c
within a period of time no greater than that taken by the claimant in producing tk
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to thrc
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writir
to all written claims within 60 days of receipt of the claim, or may request, in writing, with
30 days of receipt of the claim, any additional documentation supporting the claim t
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 provide
pursuant to this subdivision, upon mutual agreement of the local agency and the claimar
(3) The local agency’s written response to the claim, as further documented, shall I
submitted to the claimant within 30 days after receipt of the further documentation, 4
within a period of time no greater than that taken by the claimant in producing t7
additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails
respond within the time prescribed, the claimant may so not@ the local agency, in writir
either within 15 days of receipt of the local agency’s response or within 15 days of the loc
agency’s failure to respond within the time prescnied, respectively, and demand an infom
conference to meet and confer for settlement of the issues in dispute. Upon a demand, tl
local agency shall schedule a meet and confer conference within 30 days for settlement
the dispute.
(e) Following the meet and confer conference if the claim or any portion remains dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Sectic
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1
the Government Code. For purposes of those provisions, the running of the period of ti^
within which a claim must be filed shall be tolled from the time the claimant submits his
her written claim pursuant to subdivision (a) until the time that claim is denied as a res
of the meet and confer process, including any period of time utilized by the meet and con
process.
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(€) This article does not apply to tort claims and nothing in this article is intended nor sha
be construed to change the time periods for filing tort claims or actions specified by Chaptt
1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part
of Division 3.6 of Title 1 of the Government Code.
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0 20104.4. Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions filed to resolve claims subje
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleading
the court shall submit the matter to nonbinding mediation unless waived by mutui
stipulation of both parties. The mediation process shall provide for the selection within 1
days by both parties of a disinterested third person as mediator, shall be commenced withi
30 days of the submittal, and shall be concluded within 15 days from the commenceme1
of the mediation unless a time requirement is extended upon a good cause showing to th
court or by stipulation of both parties. If the parties fail to select a mediator within the l!
day period, any party may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitratio
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Cod
of Civil Procedure, notwithstanding Section 1131.11 of that code. The Civil Discovery Ac
of 1986 (Article 3 [commencing with Section 20161 of Chapter 3 of Title 3 of Part 4 of th
Code of Civil Procedure) shall apply to any proceeding brought under this subdivisioi
consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrator
appointed for purposes of this article shall be experienced in construction law, and, up0
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonabl
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall b
paid equally by the parties, except in the case of arbitration where the arbitrator, for goo1
muse, determines a different division. In no event shall these fees or expenses be paid b
state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of th
Code of Civil Procedure any party who after receiving an arbitration award requests a trk
de novo but does not obtain a more favorable judgment shall, in addition to payment G
costs and fees under that chapter, pay the attorney’s fees of the other party arising out o
trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in thc mediation or arbitration process.
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0 20104.6. Payment by local agency of undisputed portion of claim; interest on arbitratio
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(a) No local agency shall fail to pay money as to any portion of a claim which is undispute except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the leg
rate on any arbitration award or judgment. The interest shall begin to accrue on the dal
the suit is filed in a court of law.
0 20104.8. Duration of article; application of article to contracts between Jan. 1,1991 am
Jan.1, 1994
(a) This article shall remain is effect only until January 1, 1994, and as of that date
repealed, unless a later enacted statue, which is enacted before January 1, 1994, deletes (
extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract entered into between Janua
1, 1991, and January 1, 1994, which is subject to this article shall incorporate this article
To that end, these contracts shall be subject to this article even if this article is repeak
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8 pursuant to subdivision (a).
To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representativ
The Engineer shall have free access to any or all parts of work at any time. Contractc
shall furnish Engineer with such information as may be necessary to keep her/him ful
informed regarding progress and manner of work and character of materials. Inspection 1
work shall not relieve Contractor from any obligation to fulfill this Contract.
Mode Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testi
materials and/or workmanship where the results of such tests meet or exceed tl
requirements indicated in the Standard Specifications and the Special Provisions. The cc of all other tests shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of the materials shall 1
approved by him before the delivery is started. All materials proposed for use may 1
inspected or tested at any time during their preparation and use. If, after trial, it is fow
that sources of supply which have been approved do not furnish a uniform product, or if tl
product from any source proves unacceptable at any time, the Contractor shall furni
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approved material from other approved sources. After improper storage, handling or ar
other reason shall be rejected.
Au backfill and subgrade shall be compacted in accordance with the notes on the plans m
the SSPWC. Compaction tests may be made by the District and all costs for tests that met
or exceed the requirements of the specifications shall be borne by the District.
Said tests may be made at any place along the work as deemed necessary by the Enginee
The costs of any retests made necessary by noncompliance with the specifications shall 1
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Add the following section:
4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans t
specifications upon written order by the Engineer. Any cost caused by reason of th
nonconforming work shall be borne by the Contractor.
I 5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known recorc
endeavored to locate and indicate on the Plans, all utilities which exist within the limits
the work. However, the accuracy of completeness of the utilities indicated on the Plans
not guaranteed.
5-4 RELOCATION E Add:
The temporary or permanent relocation or alteration of utilities, including semi( I connections, desired by the Contractor for hisher own convenience shall be the Contract01
own responsibility, and he/she shall make all arrangements regarding such work at no cc
to the District. If delays occur due to utilities relocations which were not shown on tl 8 Plans, it will be solely the District's option to extend the completion date.
In order to minimize delays to the Contractor caused by failure of others to relocate utiliti I which interfere with the construction, the Contractor, upon request to the District, may 1
permitted to temporarily omit the portion of work affected by the utility. The portion th
is omitted shall be constructed by the Contractor immediately following the relocation of tl ' utility involved unless otherwise directed by the City.
Special Provisic 1. . 12/8/93 Ri
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6-1 CONSTRUCTION SCHEDULE i
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Mod@ this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
1. The prime contractor is required to prepare in advance and submit at tl
time of the project preconstruction meeting a detailed critical path methc
(CPM) proper schedule. This schedule is subject to the review and approv
of the City.
The schedule shall show a complete sequence of construction activitie
identifying work for the complete project in addition to work requirir
separate stages, as well as any other logically grouped activities. The schedu
shall indicate the early and late start, early and late finish, 50% and 90'
completion, and any other major construction milestones, materials a~
equipment manufacture and delivery, logic ties, float dates and duration.
The prime contractor shall revise and resubmit for approval the schedule
required by City when progress is not in compliance with the origin
schedule. The prime contractor shall submit revised project schedules wi
each and every application for monthly progress payment identifying changl
since the previous version of the schedule.
The schedule shall indicate estimated percentage of completion for each ite
of work at each and every submission.
The failure of the prime contractor to submit, maintain, or revise tl
aforementioned schedule(s) shall enable City, at its sole election, to withho
up to 10% of the monthly progress payment otherwise due and payable to tl
contractor until the schedule has been submitted by the prime contractor a1
approved by City as to completeness and conformance with tl
aforementioned provisions.
No changes shall be made to the construction schedule without prior Writtc
approval of the Engineer. Any progress payments made after the schedulr
completion date shall not constitute a waiver of this paragraph or ai
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Coordination with the respective utility company for removal or relocation conflicting utilities shall be requirements prior to commencement of work 1
the Contractor.
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D 6-5 TERMINATION OF CONTRACT
Add the following sentence to this section:
Grounds for termination of the contract by the District include failure of the District
Contractor to obtain necessary permits from other governmental agencies, or unreasonat:
delay caused by enforcement of laws and regulations by other public agencies, including t:
not limited to, enforcement of the Endangered Species Act and other similar laws.
663 PAYMENT FOR DELAYS TO CONTRACTOR
Add the following sentence to this section:
The District shall not be liable for delay caused by the enforcement of laws and regulatic by other public agencies, including but not limited to, enforcement of the Endanger
Species Act and other similar laws.
6-7 TIME OF COMPLETION
The Contractor shall begin work within 10 (ten) calendar days after receipt of the "Not
to Proceed" and shall diligently prosecute the work to completion within 120 (one hundI
twentv) calendar days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - AU work shall normally be performed between the hours of 200 a.m. a
sunset, from Monday thru Friday. The contractor shall obtain the approval of the Engint
if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of 1
Engineer. This written permission must be obtained at least 48 hours prior to such wo
The Contractor shall pay the inspection costs of such work.
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6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completic
and any faulty work or materials discovered during the guarantee period shall be rep^ or replaced by the Contractor, at his expense. Twenty-five percent of the fait1
performance/warranty bond shall be retained as a warranty bond for the one year warra
period.
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1 6-9 LIOUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $ 500 F
day for each day beyond the completion date as liquidated damages for the delay. A
progress payments made after the specified completion date shall not constitute a waiver
this paragraph or of any damages.
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7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have rating in best’s Key Rating Guide of
least A-:V and are authorized to conduct business in the state of California and are lis1
in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS’ COMPENSATION INSURANCE
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b All insurance is to be placed with insurers that are authorized to conduct business in tk
State of California and are listed in the official publication of the Department of Insurai
of the State of California. Policies issued by the State Compensation Fund meet 1
requirement for workers’ compensation insurance. I
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7-5 PERMITS
Mod* the first sentence to read:
The Agency shall obtain, at no cost to the Contractor, all encroachment, right-of-vi
grading, and building permits necessary to perform work for this contract on District z
City property, in street, highways (except State highway right-of-way), railways or ot
Add the following:
Contractor shall secure and pay for all County or State permits, fees and licenses necess
for proper execution and completion of work as applicable at time of receipt of bids.
Contractor shall not begin work until all permits incidental to the work are obtained.
Contractor shall obtain approval for haul routes. Haul route approvals shall be issued 0 the City Engineer.
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I 0 7-8 PROJECTS AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
CIeanup and dust control shall be executed even on weekends and other non-working day: at the District's request.
Add the following to Section 7-8
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with muffler
in good repair when in use on the project with special attention to City Noise Contra
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
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I 7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the wor
site and shall comply with all applicable provisions of Federal, State and Municipal safe
laws and building codes to prevent accidents or injury to persons on, about, or adjacent 1
the premises where the work is being performed. He/she shall erect and properly mainta
at all time, as required by the conditions and progress of the work, all necessary safeguarc
for the protection of workers and public, and shall use danger signs warning against hazarc
created by such features of construction as protruding nails, hoists, well holes, and falh
materials.
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7-13 LAWS TO BE OBSERVED
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' Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation and Gradh
If this notice specifies locations or possible materials, such as borrow pits or gravel be(
for use in the proposed construction project which would be subject to Section 1601
Section 1603 of the Fish and Game Code, such conditions or modifications establish1
pursuant to Section 1601 of the Fish and Game Code shall become conditions of 1 t contract.
Special Provisit
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1 8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
93 PAYMENT
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Mod* Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amour
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1 of retention. ' UDSURVEYING
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District Engineer will establish a system of surveyed horizontal control points at NIA - stations throughout the project and at each angle point location. The Contractor sha establish all intermediate lines and grades through the use of appropriate equipment.
Contractor shall preserve all surveyed control points. All expenses related to replacemen
if any, of the preceding which have been disturbed or destroyed by Contractor shall be paj
for by Contractor.
Where bench marks or other permanent markers must be disturbed or removed 1
constructing the Project, carefully preserve item until a reference has been made for i
relocation, notify the District Engineer in sufficient time for item to be relocated withoi
causing delay in the Work, and pay all costs related to such relocation.
Notify Engineer well in advance of the date and location of Work, so that the permanei
horizontal control to be furnished by the District Engineer may be established.
The Contractor shall pay double time for survey work that he requests to be done prior 1
7:OO a.m. or after 3:OO p.m. Monday through Friday, or on holidays or weekends.
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in WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the constructic
under this contract. The Contractor shall contact the Water District for requirements, phor
(619) 438-2722 ext. 109. The Contractor shall include the cost of water and meter rent
within appropriate items of the proposal. No separate payment will be made.
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12 STAGING AREA
Location of staging area shall be as selected by the Contractor but subject to City approvi ' 0 No permits required.
Special Provisio
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The staging area may be placed in a pipeline easement or the Contractor may makr
arrangements with an adjacent property owner for an appropriate site.
Staging area may not be placed in or impact a public parking facility, may not be gradec
interfere with traffic, operation of a utility, impede drainage, or in anyway affec
environmentally sensitive habitats or endangered species.
Aside from arrangements made between the property owner and contractor, after work ha
been completed, the staging area shall be returned to its original condition includin
necessary hydroseeding to replace removed or damaged vegetation.
No separate payment will be made for a staging area.
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Special Provisic
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I TECHNICAL SPECIFICATIONS
SEWER MAIN TELEVISION INSPECTION
1. SCOPE OF WORK t
A. The work to be done includes the furnishing of all labor, materials, tool
equipment and incidentals necessary to complete all of the work in the plar
and specifications. This work includes cleaning lines prior to televisini
locating laterals and structural failures and the submittal of television video
a written report of video findings and all collected data on IBM PC
compatible 3.5" disks.
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2. SPECIAL REQUIREMENTS
A. Hours to Televise
Normal hours of sewer main television inspection will be between 8:oO a.r
and 3:oO p.m., Monday through Friday, unless otherwise specified or approve
by the Carlsbad Municipal Water District General Manager. I
B. Equiument The contractor shall use equipment specially designed and constructed fc
sewer line inspection and televising. A footage counter shall be accurate 1
within two (2') feet f in lo00 feet, and shall be indicated on the monitc Also displayed on monitor shall be date of inspection, and a continuo1 forward and reverse readout of camera distance from the access hole (
reference.
Video tapes shall be new, color, and high quality on VHS format.
All tapes shall be turned over to the District. 1 3. PROCEDURE
The television inspection, monitoring and recording shall be performed by technicia
with proven experience records and the contractor shall, if requested, furni
qualification details for each technician.
The contractor shall calibrate his measuring device with a known distance (i.e., acce
hole-to access hole or some other known distance.)
The camera shall be moved through the sewer in a downstream direction, de
otherwise approved or directed by the Carlsbad Municipal Water District Genei Manager. Maximum rate of travel shall be thirty (30') feet per minute whr 8 recording.
Technical Specificatic 1. 12/3/93 R
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At all points within the sewer showing defects, laterals and sewer appurtenances, the
contractor shall stop the camera, rotate or tilt camera lens, to ensure adequate videc
coverage.
The camera shall be stopped and/or backed up to view and analyze conditions thai
appear unusual or uncommon to a sewer in good condition. There shall be no 10s of video quality at any time.
As video is being produced, the technician shall provide and record an audic
narration of the inspection, to include identification of the sewer location
identification of starting and terminating access holes, inspection direction, and
complete descriptions of the sewer line conditions as they are encountered. The
audio portion of the videotape shall be free from electrical interference anc
background noise. Audio dubbing after the inspection will not be permitted.
If the camera cannot pass the entire sewer reach from its starting direction, the reacl
shall be inspected as much as possible from both directions. The inspection logs fo
the reach shall include an identification of the nature and location of the blockage
The contractor shall notify the Maintenance Superintendent immediately of any sucl
obstruction so that it may be verified and/or repaired.
The contractor shall be responsible for cleaning sewer mains of debris, roots ant
other objects to ensure adequate video coverage of mains to be inspected.
Videotapes showing debris on the lens, condensation, or otherwise poor image qualit
shall be cause for rejection and may necessitate retelevising at the contractor’
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4. DEFECT CLASSIFICATION
During inspection, the monitoring technician shall, in addition to hisher audio anr
videotape record of conditions, log in writing the location of all service laterals anc
chimneys, all indicated leaks, cracks, root intrusions, unaligned pipes, dips, deflectec
joints, collapsed sections, deposits and other conditions or data pertinent to th
physical condition of the sewer. Conditions and defects shall be located by footag
counter and video clock reference.
5. REPORTING REQUIREMENTS
The contractor shall submit video tapes and computer generated written repor
summarizing aU defects and conditions specified in defect classification.
All videotapes shall be labeled (on the cassette and also on the cassette storag
carton) with the following information:
Technical Specificatioi I. 12/3/93 Re
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1. TapeNumber
2. Date of Inspection
3. Name of Contractor
4. Pipe Size and Material
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6.
Number and Street or Intersection Location of Upstrear
Access Hole
Number and Street or Intersection Location of Downstrear
Access Hole
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I Written reports shall contain the following information:
Date and Time of Inspection 1.
2. Name of Contractor
3. Names of Operating Technician/Inspector
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Pipe Size, Material and Length
Number and Street or Intersection Location of Upstreai
Access Hole
Number and Street of Intersection Location of Downstrea
Access Hole
Direction of Inspection and Videotaping Tape Number
Observations, Comments and Recommendations Referenced 1
Footage Counter and Video Clock Number b. 6. WORK IDENTIFICATION
All contractor field representatives will wear a uniform which identifies the compar and a safety vest to highllght their presence near a vehicle traffic area. Traff
control plans shall conform to the latest edition of the State of Californi
Department of Transportation Traffic Control Manual as specified in the specil
provisions of this document and be approved by the City Traffic Department. I
Technical Specificatio I+ 1213193 Rc