ADD the following: 2-6.1 Cost Reduction Proposal.
1. The Contractor may submit to the Engineer in writing, proposals for modifying the Plans, Specifications, or other requirements of the Contract for the sole purpose of reducing the total cost of construction.
2. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the Project such as service life, economy of operation, ease of maintenance, quality, desired appearance, or design and safety standards.
3. The following information must be included in the cost reduction proposal:
a. A description of both the existing Contract requirements for performing the Work and the proposed changes.
b. An itemization of the Contract requirements that shall be changed if the proposal is adopted.
c. A detailed estimate of the cost of performing the Work under the existing Contract and under the proposed change.
d. A statement of the time within which the Engineer shall act on the cost reduction proposal.
e. The Contract items of Work affected by the proposed changes, including any quantity variation attributable thereto.
4. This subsection does not require the Eng ineer to consider any cost reduction proposal. The Agency shall not be liable to the Contractor for not approving or acting upon any cost reduction proposal the Contractor submitted nor for any delays to the Work attributable to the cost reduction proposal.
5. If a cost reduction proposal is similar to the information included in the Contract Documents or adopted by the Agency after the advertisement and prior to Award of the Contract, the Engineer will not accept such proposal and reserves the right to make s uch changes without compensation to the Contractor under the provisions of this subsection.
6. The Contractor shall continue to perform the Work in accordance with the requirements of the Contract until a Change Order incorporating the cost reduction proposal has been issued.
7. The Engineer is the sole judge of the acceptability of a cost reduction proposal and the estimated net savings. In determining the estimated net savings, the Agency has the right to disregard the Contract Bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of the Work to be performed or to be deleted.
8. The Agency reserves the right to require the Contractor to share in the Agency’s costs of investigating the Contractor’s cost reduction proposal. When this is required, the Contractor shall indicate the Contractor’s acceptance in writing allowing the Agency to deduct amounts payable to the Contractor.
9. If the Engineer accepts the Contractor’s cost reduction proposal in whole or in part, the Engineer shall issue a Change Order to incorporate the changes in the Plans and Specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect. If the Engineer’s approval is conditional, the Change Order shall include any conditions upon which the Engineer’s approval is based.
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10. The Change Order also includes the estimated net savings in the cost of performing the Work due to the accepted cost reduction proposal and provides that the Contract cost be adjusted by crediting the Agency with 50% of estimated net savings amount.
11. The Contract Time shall not be extended by the acceptance of the cost reduction proposal and the performance of the Work unless specified otherwise in the Change Order.
12. The amount specified as payable to the Contractor in the Change Order is full compensation for the cost reduction proposal and the performance of the Work.
13. The Agency expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Agency when it determines that the proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such pro posal shall be eligible for compensation subject to this subsection, and in that case, only for contracts awarded prior to submission of the accepted cost reduction proposal.
14. The cost reduction proposals identical or similar to previously submitted proposa ls shall be eligible for consideration and compensation under the provisions of this subsection if the identical or similar previously submitted proposals were not adopted for general application to other contracts administered by the Agency.
15. Subject to t he provisions contained in the Contract, the Agency or any other public agency shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor.
16. The Contractor shall bear all costs to revise bonds for the Project to include the cost reduction incentive proposal work.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 General.
ADD the following:
1. The Agency may change the Plans, Specifications, character of the Work, or quantity of Work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written supplemental agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order.
2. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in Contract Time of completi on, and when negotiated prices are involved, and shall provide for the Contractor’s signature indicating acceptance.
3. Unless expressly set forth in writing in a Change Order signed by the Agency and the Contractor, changes initiated by the Agency shall not be construed as the Agency directing the Contractor’s mean-and-methods in the execution of the Work.
2-7.2 Payment-Contract Unit Prices.
1. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve subst antial change in character of the Work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price.
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2. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of the item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 2-7.3 or 2-7.4 as appropriate.
3. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the Work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 2-7.6.
2-7.3 Payment – Increases of More than 50 Percent.
1. Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adju stment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2 -8. The Extra Work per Section 2 -8, basis of payment, shall not include fixed costs. Fixed cost s shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price.
2-7.4 Payment – Decreases of More than 50 Percent.
Should the actual quantity of an item of Work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2-8; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price.
2-7.5 Stipulated Unit Prices.
Stipulated Unit Prices are unit prices established by the Agency in the Contr act Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Supplemental General Provisions.
2-7.6 Agreed Prices.
Agreed Prices are prices for new or unforeseen Work, or adjustments in Contract Unit Prices per Section 2 -7.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance with Section 2 -8, except as otherwise specified in Sections 2 -
7.3 and 2-7.4.
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2-7.7 Schedule of Values.
Before construction, Contractor shall provide a schedule of values for all lump-sum Bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of Change Orders to the Project.
2-7.8 Eliminated Items.
Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to th e date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned, and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used in this Agency Supplement, shall be computed on the basis of Extra Work per Section 2-8.
2-8 EXTRA WORK
ADD the following:
1. New or unforeseen Work will be classified as “Extra Work” whe n the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices.
2. Any request by the Contractor for Extra Work shall be in writing to the Engineer and shall include itemized estimates and in accordance with Section 7 -4. Th e Contractor shall fully itemize the Extra Work cost estimates such as labor and payroll costs, quantities, crew composition, production rates, material costs, Subcontractor and Supplier costs, equipment costs, supplemental costs, and time impact.
2-9 CHANGED CONDITIONS
ADD the following:
The Contractor shall promptly notify the Engineer of the following Work Site conditions (“Changed Conditions”), in writing, upon their discovery and before they are disturbed:
1. Subsurface or latent physical conditions differing materially from those represented in the Contract;
2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and
3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
The Engineer will promptly investigate conditions which appear to be Changed Conditions. If the Engineer determines that conditions are Changed Conditions and they will materially affect
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performance time, the Contrac tor, upon submitting a written request, will be granted an extension of time subject to Section 6-4.2.
If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice wi ll also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees.
The Contractor’s failure to give notice of Changed Conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection with them.
1. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a Change Order, or for the occurrence of an y event or other cause, unless the Contractor shall have first given the Engineer written notice of potential claim as specified in this Section 2-9. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6 -4.2(4) Extensions of Time, nor to any claim that is based on differences in measurement or errors of computation as to Contract quantities.
2. The Contractor shall provide the Agency with a written document containing a description of the particular circumstanc es giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and the nature of any and all costs involved within 20 Working Days of the date of service of the written notice of potential claim for Changed Conditions. Verbal notifications will not be accepted.
3. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12656.
“The undersigned certifies that the above stat ements are made in full awareness of the California False Claims Act, Government Code Sections 12650 -12656. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the Agency’s proposed final estimate for it to be further considered.”
By: Title:
Date:
Company Name:
4. The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit proof of its actual costs to the Engineer within 20 Working Days after the affected Work is completed. Failure to do so shall be cause to deny any later -filed claim regarding a potential claim described in this Section 2-9.
5. The intent of this Section 2 -9 is to have differences between th e parties arising under the Contract brought to the attention of the Engineer at the earliest possible time so that such matters can be settled, if possible, or other appropriate action promptly taken.
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2-10 DISPUTED WORK
ADD the following: 2-10.1 Claims.
1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price, Contract Time, or other relief associated with a dispute arising under or relating to the Contract, including a breach of any Contract provision. A vouche r, invoice, or other routine request for payment is not a Claim.
2. A Claim shall conform to these specifications and may be considered after the Agency has previously denied a request by the Contractor for a Change Order seeking the demanded relief.
3. The Contractor shall submit a Claim to the Engineer if a dispute occurs that arises from or relates to the Contract. The Claim shall seek all relief to which the Contractor asserts the Contractor is entitled as a result of the event(s) giving rise to the dispute. The Contractor’s failure to process a Claim in accordance with these specifications shall constitute a waiver of all relief associated with the dispute. Claims are subject to 6-10, “Right to Audit.”
4. The Contractor shall continue to perform the Services and Work and shall maintain the Schedule during any dispute proceedings. The Engineer will continue to make payments for undisputed Services and Work.
5. The Agency’s Claims process specified in the Agency Supplement shall not relieve the Contractor of the Contr actor’s statutory obligations to present Claims prior to any action under the Government Code.
6. Except for those final payment items disputed in the written statement required in Section 7-3.2, all Claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 7-3.2 shall be submitted no later than 30 Calendar Days after receipt of the Final Payment estimate. No Claim will be considered that was not included in this written statement, nor will any Claim be allowed for which written notice or protest is required under any provision of this Contract , including Sections 2 -9 Changed Conditions, 2 -10 Disputed Work, 4 -1(22) Protection, 6 -4.4 Written Notice and Report, or 6 -4.2(4) Extensions of Time, unless the Contractor has complied with notice or protest requirements.
7. The Engineer will consider Contractor’s filed Claims, which must be detailed eno ugh so the Engineer can determine the basis and amount of the Claims. Contractor shall provide the Engineer additional information to determine the facts or contentions involved in a Claim if requested by the Engineer. If additional information is needed, Contractor must provide Engineer with this information within a reasonable time of being asked for additional information. Failure to submit such information and details will be sufficient cause for denying the Claims.
8. Payment for Claims shall be processed by the next payment application of their resolution for those Claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 2-10, Disputed Work, for those Claims remaining in dispute.
2-10.1.1 Initiation of Claim.
1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price, Contract Time, or other relief associated with a dispute arising under or relating to the
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Contract, including a breach of any provision of the Contract. A voucher, invoice, payment application or other routine request for payment is not a Claim. A Claim shall conform to these specifications and may be considered after the City has previously denied a request from the Contractor for a Change Order seeking th e demanded relief. The Contractor shall, consistent with 2 -10.1.2, give the Agency written notice of Claim prior to commencing any Disputed Work. Failure to give the notice shall constitute a waiver of all Claims in connection with the Disputed Work. If the Contractor and the Agency are unable to reach agreement on Disputed Work, the Agency may direct the Contractor to proceed with the Work and such direction shall not be construed as the Agency directing the Contractor’s mean-and-methods in the execution of the Work. After the Agency has rejected a Change Order request and prior to proceeding with dispute resolution pursuant to the Public Contract Code, applicable provisions of which are specified below, the Contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command:
For claims with a monetary value of $50,000 or less:
i. Project Inspector
ii. Construction Manager
iii. Deputy City Engineer/Engineering Manager
For claims with a monetary value greater than $50,000:
i. Project Inspector
ii. Construction Manager
iii. Deputy City Engineer/Engineering Manager
iv. City Engineer
v. City Manager or Executive Manager
2. Consistent with Section 2 -10.1.2, the Contractor shall submit a complete report within 20 Working Days after completion of the Disputed Work stating its position on the Claim, the contractual basis for the Claim, along with all documentation supporting the costs, Contract Time, and all other evidentiary materials. At each level of Claim or appeal of Claim the Agency will, within 10 Working Days of receipt of the Claim or appeal of Claim, review the Contractor’s report and respond with a position, request a dditional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the Agency will provide its position within 10 Working Days of receipt of the additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the Deputy City Engineer/Engineering Manager for claims less than $50,000 and/or up to the City Manager for the City of Carlsbad or Executive Manager for the Carlsbad Municipal Water District for claims greater than $50,000 after which the Contractor may proceed under the provisions of the Public Contract Code. The Agency’s failure to state a position or otherwise respond to a Claim within the timeframes set forth above shall be deemed a rejection of the Claim by the Agency.
3. The authority within the dispute resolution chain of command is limited to recommending a resolution to a Claim to the City Manager for the City of Carlsbad or Executive Manager for the Carlsbad Municipal Water District. Actual approval of the Claim is subject to the Change Order provisions in the Contract.
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4. Any remaining Claims not resolved by the informal dispute resolution process described above shall be resolved in accordance with Public Contract Code Section 9204, the relevant portion of which is included below:
(d)(1)(A) Upon receipt of a Claim pursuant to this section, the public entity to which the Claim applies shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Claimant a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, a public entity and a Contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The Claimant shall furnish reasonable documentation to support the Claim.
(C) If the public entity needs approval from its governing body to provide the Claimant a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide the Claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the Claimant disputes the public entity's written response, or if the public entity fails to respond to a Claim issued pursuant to this section within the time prescribed, the Claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days f ollowing the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the public entity shall provide the Claimant a written statement identifying the portion of the Claim that remains in dispute and the po rtion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the Claimant sharing the associated costs equally. The public entity and Claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral
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mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any f urther obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a Claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the public entity's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a Claim against a public entity because privity of Contract does not exist, the Contractor may present to the public entity a Claim on behalf of a Subcontractor or lower tier Subcontractor. A Subcontract or may request in writing, either on their own behalf or on behalf of a lower tier Subcontractor, that the Contractor present a Claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Sub contractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the Claim.
Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the Claim to the public entity and, if the original Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the Plans or Specifications for any Public Works Project that may give rise to a Claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as
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applicable; and (2) a public entity may prescribe reasonable Change Order, Claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes, or extends that date.
In addition, all Claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code Section 20104 et seq., applicable provisions of which are included below:
20104.2 For any Claim subject to this article, the following requirements apply:
(a) The Claim shall be in writing and include the documents necessary to substantiate the Claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of Claims.
(b)(1) For Claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written Claim within 45 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim the local agency may have against the Claimant.
(2) If additional information is thereafter required, it shall be requested and pr ovided pursuant to this subdivision, upon mutual agreement of the local agency and the Claimant.
(3) The local agency's written response to the Claim, as further documented, shall be submitted to the Claimant within 15 days after receipt of the further do cumentation or within a period of time no greater than that taken by the Claimant in producing the additional information, whichever is greater.
(c)(1) For Claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written Claims within 60 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim the local agency may have against the Claimant.
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(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the Claimant.
(3) The local agency's written response to the Claim, as further documented, shall be submitted to the Claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Claimant in produ cing the additional information or requested documentation, whichever is greater.
(d) If the Claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the Claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the Claim or any portion remains in dispute, the Claimant may file a Claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a Clai m must be filed shall be tolled from the time the Claimant submits his or her written Claim pursuant to subdivision (a) until the time that Claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
(f) This article does not apply to tort Claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort Claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (co mmencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
20104.4 The following procedures are established for all civil actions filed to resolve Claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15 -day period, any party may petition the court to appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, not withstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4
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(commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to ju dicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrato rs shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
20104.6 Payment on undisputed portion of Claim; interest on arbitration awards or judgments:
(a) No local agency shall fail to pay money as to any portion of a Claim which is undisputed except as otherwise provided in the Contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
5. Although not to be construed as proceeding under Extra Work provisions, the Contractor shall keep and furnish records of disputed Work in accordance with Section 2-10.
2-10.1.2 Claim Certification Submittal.
1. If the Contractor’s Claim seeks an increase in the Contract Price, the Contract Time, or both, submit with the Claim an affidavit certifying the following:
a. The Claim is made in good faith and covers all costs and delays to which the Contractor is entitled as a result of the event(s) giving rise to the Claim. b. The amount Claimed accurately reflects the adjustments in the Contract Price, the Contract Time, or both to which the Contractor believes the Contractor is entitled. c. All supporting costs and pricing data are current, accurate, and complete to the best of the Contractor’s knowledge. The Contractor shall supply a cost breakdown per item of Work.
d. The Contractor shall ensure that the affidavit is executed by an official who has the authority to legally bind the Contractor.
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2-10.1.3 Agency’s Final Determination.
1. If the Contractor disagrees with the City Manager or Executive Manager’s final determination, as described in 2 -10.1.1(1-2), Contractor must notify the Engineer in writing of the Contractor’s objection within 15 Working Days after receipt of the written determination and file a “Request for Mediation” in accordance with 2-10.2, “Dispute Resolution Process.”
2. Failure to give notice of objection within the 15 Working Days period shall waive the Contractor’s right to pursue the Claim.
2-10.1.6 Mandatory Assistance.
1. If a third-party dispute, litigation, or both, arises out of or relates in any way to the Services provided under the Contract, upon the Agency’s request, the Contractor shall assist in resolving the dispute or litigation. The Contractor’s assistance includes, but is not limited to the following:
a. Providing requested documents in a timely manner.
b. Providing professional consultations.
c. Attending mediations, arbitrations, depositions, trials, or any event related to the dispute resolution and litigation.
2-10.1.6.1 Compensation for Mandatory Assistance.
1. The Agency will reimburse the Contractor for reasonable fees and expenses incurred by the Contractor for any required assistance rendered in accordance with 2 -10.1.6, “Mandatory Assistance” as Extra Work.
2. The Engineer will determine whether these fees and expenses were necessary due to the Contractor’s conduct or failure to act.
3. If the Engineer determines that the basis of the disp ute or litigation in which these fees and expenses were incurred were the result of the Contractor’s conduct or the Contractor’s failure to act in part or in whole, the Contractor shall reimburse the Agency for any payments made for these fees and expenses.
Reimbursement may be through any legal means necessary, including the Agency’s withholding of the Contractor’s payment.
ADD the following: 2-10.2 Dispute Resolution Process.
2-10.2.1 Mandatory Non-binding Mediation.
1. If a dispute arises out of or relate s to the Contract, or the breach of it, and if the dispute cannot be settled through those procedures described in Section 2 -10.1.1, the parties must attempt to settle the dispute in an amicable manner, using mandatory mediation under the Construction Industry Mediation Rules of the American Arbitration Association before having recourse in a court of law.
2. To initiate mediation, the initiating party shall serve a Request for Mediation at the American Arbitration Association (AAA).
2-10.2.2 Mandatory Mediation Costs.
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1. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator and the cost of any proofs or exp ert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise.
2-10.2.3 Selection of Mediator.
1. A single mediator, knowledgeable in construction aspects and acceptable to both parties, shall be used to mediate the dispute.
2. If AAA is used, the initiating party shall concurrently file with AAA a “Request for Mediation” along with the appropriate fees, a copy of requested mediators marked in preference order, and a preference for available dates.
3. If AAA is selected to coordinate the mediation (Administrator), within 10 Working Days from the receipt of the initiating party’s Request for Mediation, the opposing party shall file the following:
a. A copy of the list of the preferred mediators listed in pr eference order after striking any mediators to which they have any objection.
b. A preference for available dates.
c. Appropriate fees.
4. If the parties cannot agree on a mediator, then each party shall select a mediator and those mediators shall select the neutral third party to mediate the matter.
2-10.2.4 Conduct of Mediation Sessions.
1. Mediation hearings shall be conducted in an informal manner and discovery shall not be allowed.
2. Discussions, statements, or admissions shall be confidential to the proceedings and shall not be used for any other purpose regarding the party’s legal position. The parties may agree to exchange any information they deem necessary.
3. Both parties shall have an authorized representative attend the mediation. Each representative shall have the authority to recommend entering into a settlement. Either party may have attorney(s), witnesses, or expert(s) present. Either party may request a list of witnesses and notifications of whether attorney(s) shall be present.
4. Any resulting agreements from mediation shall be documented in writing. Mediation results and documents, by themselves, shall be “non -binding” and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon in writing by both par ties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.
ADD the following: 2-10.3 Governing Law & Forum for Litigation.
1. This Contract shall be governed by and construed in accordance with the laws of the State of California. Any lawsuits, at law or in equity, between the parties arising out of this Contract shall be filed in a court of competent jurisdiction in the County of San Diego. With respect to venue, the parties agree that this Contract is made in and will be performed in the County of
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San Diego. The parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
ADD the following: 2-10.4 Pre-judgment Interest.
1. The parties stipulate that if a judgment is entered against a party for breaching this Contract, the pre-judgment interest shall be 2% per annum.
SECTION 3 – CONTROL OF THE WORK
3-2 SELF-PERFORMANCE
ADD the following:
1. If Contractor fails to satisfy the provisions requiring the Cont ractor to complete Work amounting to at least 50 percent of the Contract price with its own organization unless stipulated otherwise in the Contract Documents, the Agency may at its sole discretion elect to cancel the Contract or deduct an amount equal to 10 percent of the value of the Work performed in excess of 50 percent of the Contract Price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under thi s section, the Contractor, or prime Contractor, shall be entitled to a public hearing before the Board and shall be notified 10 Calendar Days in advance of the time and location of the hearing. The determination of the Board shall be final.
3-3 SUBCONTRACTORS
ADD the following:
1. The Contractor shall incorporate these Specifications in the Contractor’s subcontracts for the work being performed by the Contractor’s Subcontractor.
2. The Contractor shall obtain or require that each Subcontractor obtains insurance policies in accordance with 5-4, “INSURANCE” which shall be kept in full force and effect for the duration of the Contract and in any attached supplemental agreements.
3. In any dispute between the Contractor and the Contractor’s Subcontractors, the Agency shall not be made a party to any judicial or administrative proceeding to resolve the dispute.
4. The Contractor shall ensure that the Contractor’s Subcontractors are appropriately licensed for the duration of the work that is performed under the Subcontracts in accordance with 2- 1, “WORK TO BE DONE.” If a Subcontractor is not properly licensed, the Contractor shall cease payment to the Subcontractor for all work performed when the Subcontractor was not properly licensed. The Contractor shall return to the Agenc y any payment the Contractor made to a Subcontractor for work performed when the Subcontractor was not licensed.
5. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work.
6. Where the Contract Documents require that a particular product be installed or applied by an applicator approved by the manufacturer, ensure the Subcontractor or Supplier employed for such work is approved by the manufacturer.
7. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the Work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the Work to be so subcontracted. This submittal will confirm the Subcontractor’s commitments in the Bid.
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3-4 AUTHORITY OF THE ENGINEER
ADD the following:
1. The Engineer shall be the single point of contact and shall be included in all communications between Contractor and any Agency representative.
3-5 INSPECTION
ADD the following:
1. Contractor shall make available to the Engineer accurate books and accounting records regarding all its activities. Contractor shall contractually require all Subcontractors to this Contract to do the same. The Engineer shall have access to the Contractor’s, and any Subcontractors documents described in this Section 3 -5(1) within San Diego County. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its Subcontractor’s performance p ursuant to this Contract. The Engineer’s monitoring, assessments, and evaluations will include, but shall not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all Subcontractors to this Contract. Upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all Subcontractors to this Contract, records with respect to all matters covered by this Contract. Contractor shall also permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. Any inspection described in this Section 3 -5(1) shall occur as often as the Engineer deems necessary and during normal business hours. However, any such inspection shall not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all Subcontractors to this Contract shall maintain such data and records for as long as may be required by applicable laws and regulations.
2. The Agency may utilize consultants to assist the Engineer during construction in observing the Contractor’s performan ce. The consultant shall be the Agency’s Representative on the Site assisting the Engineer and must not be confused with a building inspector with the Agency or with a Special Inspector.
3. The Agency may utilize a Special Inspector for inspection of special ty work and materials, whose costs the Agency will pay for unless the Contractor fails inspection. If inspections or tests reveal non -compliance with the requirements of the Contract Documents, the Contractor shall pay for all corrective measures deemed ne cessary by the Engineer and also pay the cost of the Agency’s subsequent re-inspection and re-testing.
4. Inspections required by codes or ordinances are the Contractor’s responsibility.
5. The Contractor’s quality control testing and inspections are the Contractor’s responsibility.
Contractor shall coordinate and schedule all inspections and tests. The Contractor shall give the Engineer notice of tests and inspections made by others. At least 5 Working Days of notice shall be given for offsite inspection s. The Contractor shall wait until the Engineer has responded and agreed to Contractor’s schedule before scheduling test or inspections.
6. The Agency shall schedule any inspections and tests as the Agency deems necessary to ensure the Work is accomplished in accordance with the requirements of the Contract Documents
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(other than inspections for work performed in accordance with a permit). The Contractor is responsible for the inspection of all Work performed in accordance with the Contract Documents.
7. Contractor shall provide access in accordance with Cal-OSHA Standards as necessary.
8. Contractor shall remove and replace any items of Work performed without the required permit or inspection. For requir ed subsequent inspection, the Contractor shall remove and replace Work at the discretion of Engineer at no additional cost to the Agency. Inspection of the Work does not relieve the Contractor of full compliance with the Contract Documents.
9. Contractor shall not conceal the Work prior to inspection, testing, or approval required by the Contract Documents, the Engineer’s prior written request, or by other agencies. If any item of Work is done prior to obtaining the required approvals when requested by the Engineer, Contractor shall expose the Work for inspection, testing, and/or approval. Upon successful completion of the inspection, testing, or approval, the Contractor shall proceed with the Work. The Contractor shall bear all direct and indirect costs and da mages of such uncovering and re-covering and shall not be entitled to an increase in the Contract Price or the Contract Time, unless the Contractor has given the Engineer and any other affected agencies written notice of the Contractor’s intention to cover the Work and the Engineer has not acted in response to such notice.
10. When specified, Contractor shall make arrangements for tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Engineer, or with the appropriate public authority. The payment for such tests, inspections, and approvals are included in the Contract Price.
11. Unless specified otherwise, the Contractor shall pay the cost of inspections and tests. If inspections or tests reveal non -compliance with the r equirements of the Contract Documents, the Contractor shall bear the cost of corrective measures deemed necessary by the Engineer and the cost of the Agency’s subsequent re-inspection and re-testing.
12. The Contractor shall, at no charge to the Agency, provid e copies of all records in the Contractor’s or Subcontractor’s possession pertaining to the Work that the Engineer may request.
13. Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books, and accounting re cords relative to all its activities and to contractually require all Subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its Subcontractors performance pursuant to this Contra ct, the monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all Subcontractors to this Contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all of its Subcontractors’ records with respect to all matters covere d by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters cover ed by this Contract.
However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all Subcontractors
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to this Contract shall maintain such data and records fo r as long as may be required by applicable laws and regulations.
3-6 THE CONTRACTOR’S REPRESENTATIVE
ADD the following:
1. Both the representative and alternative representative shall be the Contractor’s employees and shall not be assigned to a Subcontractor unless otherwise approved by the Agency in writing.
2. The Contractor’s Project team shall attend scheduled construction meetings as required by the Engineer. If any of Contractor’s staff cannot attend, the Contractor shall notify the Engineer a minimum of 24 hours in advance, prior to the start of the scheduled meeting. If the Contractor does not provide the required notification, the Contractor shall pay for the costs of the Agency’s staff, consultants, or both that attended. The Contractor shall be charged a minimum of 2 hours of the attendee’s time.
3. The payment for the Contractor’s attendance at Project meetings is included in the Contract Price. The Engineer shall deduct costs assessed to the Contractor for not attending the meetings from the monthly progress payment via Change Order.
3-7 CONTRACT DOCUMENTS
3-7.1 General.
ADD the following:
1. Specifications and Plans are divided into groups by engineering discipline for the Agency’s convenience. These divisions are not for the purpose of apportioning the Work or responsibility for the Work among Subcontractors and Suppliers.
2. The Contractor shall supply any Work that may reasonably be inferred from the Specifications or Plans as being required to produce the intended result whether or not i t is specifically called for, at no additional cost to the Agency.
3. If referenced documents have been discontinued or updated by the issuing organization, the replacement documents issued or otherwise identified by that organization shall be used or, if the re are no replacement documents, the last version of the document before it was discontinued.
4. Scaled dimensions on Contract Documents are approximate. Before ordering materials or commencing the Work, the Contractor shall measure the Site for proper size and fit and verify dimensions and quantities by taking measurements in the field. The Contractor shall be responsible for their accuracy.
5. The Contractor shall verify any conditions affecting the cost of the Work through a reasonable examination of the Work Site prior to submitting the Bid.
6. Existing improvements visible at the Work Site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed, and disposed of by the Contractor.
7. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both.
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8. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work.
9. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work Site prior to submitting the Bid.
10. Existing improvements visible at the Work Site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed, and disposed of by the Contractor.
11. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer.
3-7.2 Precedence of the Contract Documents.
DELETE in its entirety and REPLACE with the following:
1. If there is a conflict between any of the Contract Documents, the document highest in the order of precedence, and most recent in edition, shall control. The order of precedence, from highest to lowest, shall be as follows:
a. Permits (issued by jurisdictional regulatory agencies including environmental documents).
b. Change Orders and supplemental agreements; whichever occurs last. c. Contract Addenda, whichever occurs last.
d. The signed written Contract.
e. Bid/Proposal.
f. Project Plans.
g. Technical Specifications.
h. Standard Drawings.
i. Agency Supplemental General Provisions (Section 00 73 00). j. Agency Supplemental Technical Provisions (Section 00 74 00). k. Standard Plans
i. City of Carlsbad Standard Drawings.
ii. Carlsbad Municipal Water District Standard Drawings. iii. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. iv. Traffic Signal Design Guidelines and Standards.
v. State of California Department of Transportation Standard Plans. vi. California Manual on Uniform Traffic Control Devices (CA MUTCD). l. “Greenbook” (Standard Specifications for Public Works Construction). m. Reference Specifications.
2. When additional small business/minority/women -owned/veteran or other special requirements by funding sources are included in the Contract Documents, the funding source’s requirements shall govern.
a. With reference to the Drawings, the order of precedence shall be as follows: Figures govern over scaled dimensions.
b. Detail Drawings govern over general Drawings.
c. Addenda and Change Order Drawings govern over Plans. d. Plans govern over Standard Drawings.
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3. When a conflict exists between the ADA requirements of Title 24, and the Agency Supplemental Provisions, the most restrictive requirement shall be followed.
ADD the following: 3-7.3 Red-Lines and Record Documents. 3-7.3.1 General.
1. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or Subcontractor’s possession pertaining to the Work that the Engineer may request.
2. The Contractor shall keep the Red -lines current with entries checked by the Engineer before the Work is covered. Contractor’s failure to update and deliver Red -lines information monthly to the Engineer for review and approval may result in the withholding of monthly progress payments.
3. The Contractor shall note the source identification, such as RFI numbers and Change Order numbers, as required identifying the source of the change to the Contract Documents.
4. The Contractor shall deliver the Red -Lines to the Engin eer upon completion of the Construction Work.
5. The Contractor shall legibly annotate a full -size set of Plans daily, in red ink, to record additions, deletions or changes to the Work and changes in location, elevation or character of the Work not otherwise shown or noted in the Contract Documents. This “redline” set of drawings shall be kept on the Job Site, shall be used only as a record set, and shall be delivered to the Engineer within 10 Calendar Days of completion of the Work.
Contractor shall immediate ly give written notice of any conflicts between these documents to the Engineer.
6. As-built information shall represent field measurements, approved Shop Drawings, Working Drawings, samples, product data, and other pertinent data discovered during the performance of the Work. The Contractor shall note the source of the change such as RFI or Change Order numbers, as required. The Contractor shall clearly record additions or changes in the Work and depth of underground facilities by dimensioning from 2, known, fixed points.
7. Payment for Record Drawings and Documents shall be included in the various Bid items and no additional payment will be made therefor.
3-7.3.2 Asset Specific Red-lines.
1. Irrigation System Red -Lines: Red-Lines shall clearly record by dimension from 2 known fixed points and by depth of underground facilities all deviations, modifications, and changes in the Work. Records, deviations, modifications, and changes on the day the Work is performed shall reflect the actual Work location and shall be marked in red at the scale of the Plan sheet on which they are recorded. Red -Lines shall show any changes to the Plans for the equipment locations and associated information for the following:
a. Potable water mainline and size
b. Water Meter - Size, type of water (potable or reclaimed), and water meter address. c. Backflow Device - Size, available static pressure in psi, the psi and flow in gallons per minutes for which the irrigation system is designed, and device serial number.
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d. Master Control Valve.
e. Flow Sensor.
f. Pressure Regulator Valve.
g. Isolation Valves.
h. Remote Control Valves - Size, irrigation controller, valve station number, and flow demand in gallons per minute.
i. Quick Coupling Valves and Size.
j. Electrical Meter, including meter address.
k. Remote Control Valve Wiring.
l. Communication Cables.
m. Pull Boxes.
n. Rain Shut Off Switch.
o. Electrical lines from electrical meter to irrigation controller, including the power disconnect switch.
p. Irrigation Mainline and Size.
q. Irrigation Lateral Line and Size.
r. Irrigation Sleeves and Size.
s. Irrigation Controller - Location, number of stations, identifying call-out. t. Irrigation sprinkler heads which have been added or deleted from the approved Plans.
Changes in manufacturer nozzle size shall be noted on the red -lined Drawings including operating pressure, gallons per minute, and radius of throw.
2. Re-vegetation Red-lines:
a. Within 4 weeks of the end of the Plant Establishment Period, as determined and accepted by the Project Biologist or Landscape Architect, furnish and submit to the Engineer 1 full scale Red-lines set showing field changes to grade, erosion control, and seeding for the re-vegetated areas.
3. Utility Red-lines: Utility Red-lines shall show any changes from the Plan for the following:
a. Horizontal and vertical bends
b. Changes in pipe material or pressure class
c. Isolation valves
d. Insulating joints
e. Blow off valves by stationing and offsets.
f. Air vacuum valves by stationing and offsets.
g. Water and recycled water meter boxes replaced.
h. Water sampling stations
i. Cathodic test stations
j. Locations of all sewer laterals and cleanouts.
k. Items abandoned in place following dewatering operation.
4. Building Red -lines: Building Red -lines shall show any changes from the Plans for the following:
a. Location by dimension and the depth by elevation of underground lines, valves, plugged tees, and capped ends.
b. By dimension or scale Plans, wiring, conduits, and pull boxes as installed.
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c. Information necessary to maintain and service concealed items of Work. d. Dimensional changes to the Drawings.
e. Revisions to details shown on the Drawings.
f. Depths of foundations below the first floor.
g. Locations and depths of underground utilities.
h. Revisions to the routing of piping and conduits.
i. Revisions to electrical circuitry.
j. Actual equipment locations.
k. Duct size and routing.
l. Locations of concealed internal utilities.
m. Changes made by Change Orders.
n. Details not shown on original Plans.
5. Traffic Signals and Street Lighting:
a. The Contractor shall provide the Engineer with a cable route diagram indicating the actual cable route and meter marks for all intersections, directional change points in the cable routing, and all termination points. The Contractor shall record these points during cable installation, provide cable system Red -lines showing the accurate cable route to the Engineer, and record information such as the location of slack cable and its quantity in the cable route diagram.
b. The Contractor shall provide 3 copies of D-Sheet sized Red-lines.
6. SWPPP:
a. Upon completion of construction, the Contractor shall submit the SWPPP and all its appendices, records, reports, maps and records of permanent BMPs to the Engineer with the Red-lines.
7. Slurry Seal and Asphalt Concrete Overlay:
a. The Contractor shall clearly record on the forms the Agency provides in MS Excel format the actual dates and quantity of each Bid item applied to each street segment and comments regarding each segment and record reasons if no work is performed.
8. Fiber Optic and Wi-Fi Device Red-lines: Fiber Optic and Wi-Fi Device Red-lines shall clearly record by dimension from 2 known fixed points and by depth of underground facilities all deviations, modifications, and changes in the Work. Records, deviations, modifications, and changes on the day the Work is performed shall reflect the actual Work location and shall be marked in red at the scale of the Plan sheet on which they are recorded. Red - lines shall show the equipment locations and associated information for the following:
a. Locations and depths of underground utilities.
b. Revisions to the routing of piping and conduits.
c. Actual equipment locations.
d. Pull Boxes.
e. Electrical Meter, including meter address.
f. Items abandoned in place.
3-7.3.3 Payment.
1. The payment for Red-lines Drawings shall be included in the Contract Price.
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ADD the following: 3-7.4 Measurement and Dimensions.
1. Scaled dimensions are approximate. Before ordering materials or commencing the Work, the Contractor shall measure the Site for proper size and fit and verify dimensions and quantities by taking measurements in the field. Contractor shall be responsible for their accuracy.
3-8 SUBMITTALS
3-8.2 Working Drawings.
ADD the following:
1. Working Drawings shall be submitted electronically to the Agency.
DELETE Table 3-8.2 in its entirety and REPLACE with following:
Item Section/
Drawing
No.
Title Subject
1 3-12.5.2 Sewage Bypass and Pumping
Plan
Sanitary Sewers
2 3-12.8.2 Dewatering Plan Water Pollution Control
3 5-7.2.2 Shoring Plan Safety
4 300-3.2
Cofferdams Structure Excavation & Backfill
5 303-1.6.1 General Falsework
6 303-1.7.1 General Placing Reinforcement
7 303-3.1 General Prestressed Concrete Construction
8 304-1.1.2 Falsework Plans Structural Steel
9 306-8.8
SDW-154*
Valves, Hydrants, and
Appurtenances
Water Valve Bypass Details for
Mainlines 16-Inch and Larger
10 306-8.8.3 Thrust Blocks and Anchor
Blocks
Unless specified otherwise, design of all
size water main thrust blocks and
anchor blocks
11 307-1.1
General Jacking Operations
12 307-2.1
General Tunneling Operations
13 308-3 Submittals Microtunneling
14 601-2.1.2 Engineered Traffic Control
Plan (TCP)
Temporary Traffic Control for
Construction and Maintenance Work
Zones
15 3-12.6 Storm Water Pollution
Prevention Plan (SWPPP)
Water Pollution Control
16 3-12.6 Water Pollution Control Plan
(WPCP)
Water Pollution Control
*Note: The distance dimensions shown between the bypass pipes and the mainlines are subject to change to field conditions.
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Items listed in Table 3-8.2, except for items 1, 2 and, 5, shall be prepared by a Civil or Structural Engineer registered by the State of California. Item 15 shall be prepared by a Qualified SWPPP Developer (QSD) in accordance with 1001 3, “Storm Water Pollution Prevention Plan (SWPPP) .” Item 16 shall be prepared in accordance with 1001-4, “Water Pollution Control Plan (WPCP).”
3-8.3 Shop Drawings.
ADD the following:
1. Shop Drawings shall be submitted electronically to the Agency.
2. Additional Shop Drawings may be required by the Special Provisions.
DELETE Table 3-8.3 in its entirety and REPLACE with following:
TABLE 3-8.3
Item Subsection Title Subject
1 207-2.5 Joints Reinforced Concrete Pipe
2 207-8.4 Joints Vitrified Clay Pipe
3 209-2.2.2 Shop Drawings Steel Pipe and Fittings
4 216-1 General Precast Reinforced Concrete Box
5 218-1 General Precast Vault
6 304-1.1.1 Shop Drawings Structural Steel
7 304-2.1 General Metal Hand Railings
3-8.4 Supporting Information.
ADD the following:
1. The Contractor shall submit samples of the materials with cut sheets of the products. The Contractor shall organize cut sheets for review and approval by the Engineer prior to use on the Project and identify deviation from any of the specified material clearly, including cut sheets and samples of both the specified m aterial and basis for the substitution. Included should be the Agency’s Project Name, Project Number, and the Engineer’s name, Contractor Name, and Submittal Number and clearly indicate the specific product to be used.
2. When photos of material are required, they shall be clear in resolution, identify the specific item for review, and shall indicate the name of the item, source, and date taken. The material shown in the photo shall be currently available for use on the Project.
3. For landscaping and irrigation materials, the Contractor shall submit samples and test results to the Engineer within 15 Working Days of the Notice to Proceed.
4. Test sections (“Mock ups”) of materials as required in the Special Provisions shall be accepted by the Engineer before proceeding with the Work.
5. The Contractor shall provide and keep up -to-date a complete “As -Built” record set of blue - line prints, which shall be corrected in red daily and show every change from the original Drawings and Specifications and the exact “As-Built” locations, sizes and kinds of equipment, underground piping, valves, and all other Work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of Drawings shall be kept on the job and shall be used only as a Rec ord Set and shall be delivered to the Engineer within 10 Calendar D ays of completion of the Work. Payment for performing the Work required by
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Section 2-5.4 shall be included in the various Bid items and no additional payment will be made therefor.
3-8.6 Manufacturer’s Operation, Maintenance, and Warranty Instructions.
To sentence (1), DELETE in its entirety and SUBSTITUTE with the following:
For each pre -manufactured product covered by a manufacturer’s warranty, Contractor shall submit 1 electronic copy and 3 bound original or legal copies prior to acceptance of the Contract.
3-9 SUBSURFACE DATA
DELETE in its entirety and SUBSTITUTE with the following:
3-9 TECHNICAL STUDIES AND SUBSURFACE DATA
1. If reports of explorations and tests of Site conditions are referenced in the Contract Documents, Contractor is encouraged to inspect the Site, acquire, and review these reports, and take other necessary steps to thoroughly familiarize oneself with the Site conditions. If a review of the documents an d Site inspection indicate an obstruction or utility conflict with the proposed work, immediately notify the Engineer.
2. Subsurface data shall include geotechnical reports, groundwater elevations, soil analyses and characterization, and other information inc luded or referenced in the Special Provisions and shall apply only at the location of the test holes and to the depths indicated.
3. Contractor is encouraged to review subsurface data, examine the Site and assess the Site conditions pertaining to the Work. If a review of the documents and Site inspection indicate an obstruction or utility conflict with the proposed work, immediately notify the Engineer.
4. Soil test reports for test holes which have been drilled are available for review at the office of the Engineer. Additional exploration may be performed at Contractor’s own expense.
5. The indicated groundwater elevation is that which existed on the date specified in the data. It shall be Contractor’s responsibility to determine and allow for the groundwater elevation on the date the Work is performed. A difference in groundwater elevation between what is shown in soil boring logs and what is encountered during construction shall not be considered as a basis for Extra Work in accordance with 2-8, “Extra Work.”
3-10 SURVEYING
3-10.1 General.
ADD the following:
1. The Engineer or Surveyor shall request a right of entry to perform survey services on sewer mains and manholes from City of Carlsbad, [email protected] or call 442 -339- 2722, seven (7) Calendar Days prior to the start of survey services.
2. The Contractor shall hire and pay for the services of a licensed Surveyor (“Surveyor”) to perform all work necessary for establishing control, construction staking, record s research and all other surveying work necessary to construct the Work, provide surveying services as required in the Contract and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on
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the Site during all surveying operations and shall personally supervise and certify the surveying work.
3. All surveying data submittals shall conform to the requirements of Section 3.8, “Submittals.” The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all required surveying to the Engineer within 10 Calendar Days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted electronically. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in c onformance with the Caltrans “Surveys Manual.” The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with Business and Professions Code Sections 8700-8805 when the Surveyor performs any surveying that such map is required under Business and Professions Code Section 8762 and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M -10 A, B, C type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings an d all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The Record of Survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder.
4. Payment for Work performed to satisfy the requirements shall be included in the actual Bid items requiring the survey work and no additional payment will be made. Extension of unit prices for Extra Work shall include fu ll compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of Records of Survey and/or corner records, including filing fees, shall be incidental to the Work necessitating the disturbance of the monuments and no additional payment will be made.
3-12 CONTRACT INFORMATION SIGNS
ADD the following:
Signs shall not be posted until approved by the Engineer. The Contractor shall complete and submit a Review for Sign Permit (form P-11), available at:
https://www.carlsbadca.gov/services/depts/planning/applications.asp
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3-12 WORK SITE MAINTENANCE
3-12.1 General.
ADD the following:
1. Maintain Site improvements including any temporary facilities, equipment, or other materials. Remove graffiti encountered on the Site within 24 hours. See also SECTION 400 - PROTECTION AND RESTORATION.
2. As a condition of Final Payment, the Contractor shall submit a signed and notarized affidavit stating that all brush, trash, debris, and surplus materials resulting from this Project have been disposed of in a legal manner. The cost of disposal is the Contractor’s responsibility.
3. The Contractor shall provide and maintain enclosed toilets for the use of their employees.
Toilets must be kept in a neat and sanitary condition and ensure that they comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitat ion of dwellings and camps. The cost of such is the Contractor’s responsibility.
4. If required in the Special Provisions, the Contractor shall provide and maintain enclosed toilets for the use of the Agency’s and Contractor’s officers, employees, or agents. Toilets must be kept in a neat and sanitary condition and ensure that they comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The cost of such is the Contractor’s responsibility.
5. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted, when necessary, by the SWPPP and/ or BMP plan. Such dams shall be removed from the Site as soon as their use is no longer necessary.
6. Work Site maintenance shall be conducted on non -workdays when increased levels of maintenance are deemed necessary, in the opinion of the Engineer, to preserve the health safety or welfare of the public and or to comply with applicable regulations.
7. Disposal of all rubbish and surplus materials is incidental to Work Site maintenance. Disposal shall be made off the Site and shall be in accordance with:
a. Local codes and ordinances that govern locations and methods of disposal. b. All applicable safety laws.
c. Requirements of Subpart H, Section 1926.252 of the OSHA Safety and Health Standards for Construction.
8. Work Site maintenance is considered incidental to the items of work that they are associated with and no additional payment will be made.
9. Cleanup and Dust Control. Throughout all phases of construction, including suspension of the Work, and until the final acceptance, the Contractor shall keep the Site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods.
3-12.2 Air Pollution Control.
ADD the following:
1. Contractor shall carry out effective measures whenever and as often as necessary to prevent Contractor’s operation from producing dust in amounts damaging to property, cultivated
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vegetation, domestic animals, or causing a nuisance to persons living or occu pying buildings in the vicinity. Contractor shall be responsible for any damage resulting from any dust originating from Contractor’s operations. The dust abatement measures shall be continued until Contractor is relieved of further responsibility by the Engineer.
2. Contractor shall adhere to Air Pollution Control District County of San Diego regulations for equipment used on the Job Site.
3-12.3 Noise Control.
ADD the following:
1. All internal combustion engines used in the Work shall be equipped with muffler s in good repair and are subject to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter
8.48. 3-12.4 Storage of Equipment and Materials.
3-12.4.1 General.
ADD the following:
1. Equipment and material storage shall be confined to areas approved by the Engineer.
Disposal of all rubbish and surplus materials shall be at the Contractor’s expense.
2. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work.
3. Materials shall be delivered to the Work Site only during Working Hours and s hall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the Project name and number, address of delivery and name of consignor and a description of the material(s) shipped.
4. Prior to storag e of any materials which ha ve been shipped to or by the Contractor to any location within the City’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shal l clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work.
5. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Storage of hazardous wastes, construction equipment material, and parking and fueling of equipment shall not occur in biologically sensitive areas.
6. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility.
Conformance to the requirements of this section, both within and outside the limits of work is a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work.
7. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
8. Restore the storage area to an equal or better condition as deemed necessary by the Engineer and at no additional cost to the Agency.
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10. When required by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each Working Day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete.
11. Materials and equipment shall be removed from the Site as soon as they are no longer necessary. Before the final inspection, the Site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid.
12. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately, and the area cleaned.
13. Excess excavation material from catch basins or similar structures shall be removed from the Site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the Site as soon as practicable after stripping.
14. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend Work until the condition is corrected. No additional compensation will be allowed because of such suspension.
15. Cleanup and dust control required in the Contract shall also be executed on weekends and other non-Working Days when needed to preserve the health safety or welfare of the public.
The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increase d levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public.
Cleanup and dust control shall be considered incidental to the items of Work that they are associated with and no additional payment will be made for them.
16. Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by th e Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.
17. Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this Contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees for them. These costs shall be considered incidental to the items of Work that they are associated with and no additional payment will be made for them.
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3-12.4.2 Storage in Public Streets.
DELETE in its entirety and SUBSTITUTE with the following:
1. Construction materials shall not be stored in streets, roads, or highways for more than 5 Calendar Days after unloading. All materials not installed or used in construction within 5 Calendar Days after unloading shall be stored at a location approved by the Engineer.
2. Construction equipment shall not be stored at the Work Site before its actual use nor for more than 5 Calendar Days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer.
3. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. Immediately after placing backfill, all excess material shall be removed.
4. The Contractor shall not store equipment for traffic control in right of way.
ADD the following: 3-12.4.3 Storage and Staging Areas.
1. Storage and staging areas are the Contractor’s responsibility. If the Plans designate a staging location within the Project or in close proximity, the Contractor may utilize such area for their use. The storage and staging areas shall be as close as possible to the Site. Contractor is responsible for obtaining any permits, leases, or any other items necessary to obtain staging areas.
2. Storage of hazardous wastes, construction equipment material, and parking and fueling of equipment shall not be allowed in the MHPA or other biologically sensitive areas. Ensure the fueling of vehicles occurs only within designated staging areas using appropriate catch basins and devices.
3. Return the storage and staging area and the adjacent area to an equal or better condition as deemed necessary by the Engineer, at no additional cost to the Agency.
4. The Contractor shall provide the Engineer a copy of the lease agreement for any property to be used for the storage of materials or equipment prior to delivery or storage of any materials or equipment. Each lease agreement shall clearly state the term of the lease and a description of the materials or equipment allowed to be stored and shall provide for the removal of the materials or equipment and restoration of the storage site within the time allowed for the Work.
5. Construction equipment shall not be stored at the Work Site before its actual use on the Work nor for more than 5 Calendar Days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer.
3-12.6 Water Pollution Controls.
3-12.6.2 Best Management Practices (BMPs).
ADD the following:
1. Contractor shall submit a BMP plan as a submittal to the Agency.
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3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP).
ADD the following:
1. The Contractor shall evaluate the requirements for the preparation of a SWPPP for Work within the City’s boundary by reviewing the Determination of SWPPP Tier Level and Construction Threat Level (form E-32), which may be obtained at:
http://www.carlsbadca.gov/services/depts/landev/engineering.asp
2. The Contractor shall review the criteria requiring the preparation of a SWPPP conforming with the State Water Resources Control Board Order No. 2022-0057-DWQ, NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities (the Construction General Permit or CGP). The CGP and other information are available at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml
3. If a SWPPP has been prepared specifically for the Project and is included as a part of the Contract Documents, the Contractor shall use the SWPPP as a baseline document and shall amend the SWPPP, with the Engineer’s approval, as necessary to include the Con tractor’s proposed Construction Schedule, construction operations, and the Site conditions encountered or created during the Work.
4. If the Agency has not prepared a SWPPP for the Project and the Project is subject to coverage under the CGP, the Contractor shall prepare and implement the SWPPP conforming with the CGP requirements.
5. The Contractor shall comply with all requirements of the approved SWPPP and the CGP including implementation during construction by a QSP, The Contractor shall provide all information necessary for the Agency to obtain coverage under the CGP during the electronic submittal of Permit Registration Documents and supporting data necessary for the filing of the storm water Notice of Intent and Notice of Termination. The Contractor shall b e responsible for conducting all monitoring and inspections and filing all reports required by and in accordance with the CGP.
3-12.6.5 Payment.
DELETE in its entirety and SUBSTITUTE with the following:
1. Unless otherwise specified, payment for water pollution control, including implementation and maintenance of BMPs, shall be considered as included in the Contract Unit Price for each item in the Bid.
Payment for dewatering shall be as specified in the Special Provisions.
ADD the following: 3-12.7 Vermin Control.
1. The Site and structures constructed under the Contract shall be kept free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall
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be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.1 Completion.
DELETE in its entirety and SUBSTITUTE with the following:
1. The Contractor shall comply with the following prior to requesting a Pre -Final inspection of the Work and filing of a written assertion that the Work has been completed:
a. Provide completed and signed redline drawings and record documents including installation, maintenance and operation instructions, manuals and/or tools for installed equipment.
b. Provide and properly label all keys for existing facilities or new permanent work. c. Provide all items specified to be supplied as extra stock and spare parts. Wrap, seal, or place in a container all items as necessary to allow for storage by the Agency for future use. Verify the specified quantities.
d. Provide all final Special Inspection reports and certifications required by equipment manufacturers to demonstrate compliance with applicable codes and standards. e. Obtain any required certifications from the Engineer of Record for permanent BMPs. f. Comply with all requirements of permits issued by jurisdictional agencies. g. Remove temporary facilities from the Site.
h. Thoroughly clean the Site and remove all mark-outs and construction staking.
2. The Agency Inspector will schedule the Pre -Final inspection within five (5) Working Days of receipt of the Contractor’s request. The Inspector will generate a list of deficiencies (Punchlist) within five (5) Working Days after the Pre-Final inspection.
3. The Contractor shall have 30 Working Days to correct th e deficiencies and provide a written response to each Punchlist item. The Inspector will review the corrective work within 5 Working Days of receipt of the Contractor’s written response to each Punchlist item. Any outstanding deficiencies will be considere d incomplete Work and the Punchlist will be returned to Contractor. Full payment will not be made for any Bid item with outstanding deficiencies and a Final Inspection will not be scheduled until all deficiencies are completed to the satisfaction of the Inspector.
4. The Contractor shall submit a request for Final Inspection which shall include a written assertion that the Work has been completed in accordance with the Contract Documents and a written response describing the corrective Work completed for all p unch list items identified in the Pre -Final inspection(s). The request for Final Inspection will not be considered without the Contractor’s written response to the punch list items. The Inspector will schedule the Final Inspection within 10 Working Days of receipt of the Contractor’s request and invitees will include the Construction Manager, Engineer and representatives from agencies or utility companies having jurisdiction over the Work. The Contractor’s attendance is mandatory.
5. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will
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be the date when the Contractor is relieved from responsibility to protect and maintain the Work, and to which liquidated damages will be computed.
ADD the following: 3-13.1.1 Requirements Before Requesting a Walk-through.
1. The following items are required prior to requesting a Walk-through:
a. Remove temporary facilities from the Site.
b. Thoroughly cleaning the Site and removing all mark outs and construction staking. c. Provide completed and signed Red -Lines in accordance with Contract Document requirements.
d. Provide all material and equipment maintenance and operation instructions and/or manuals.
e. Provide all tools which are a permanent part of the equipment installed in the Project. f. Provide and properly identify all keys for construction and all keys for permanent work. g. Provide all final Special Inspection reports required by the applicable building code. h. Provide all items specified to be supplied as extra stock. Wrap, seal, or place in a container all items as necessary to allow for storage by the Agency for future use. Verify the specified quantities.
i. Ensure that all specified equal opportu nity (if applicable) and certified wage rate documentations covering the Contract Time have been submitted. j. Provide the spare parts for the proposed irrigation system as specified in the Special Provisions.
2. Contractor shall notify the Engineer to arrange a final inspection of permanent BMPs installed and shall obtain the completed, signed, and stamped DS-563 Form 30 Calendar Days prior to the issuance of the Notice of Completion.
ADD the following: 3-13.1.2 Walk-through and Punchlist Procedure.
1. When Contractor considers that the Work and Services are complete, notify the Engineer in writing that the Project is complete and request that the Contractor and the Engineer perform a Walk-through for the generation of a Punchlist. Contractor shall notify the Engineer at least seven (7) Working Days in advance of the Walk-through.
2. The Engineer will first determine if the Project is ready for a Walk -through by verifying whether the Contractor have completed all items as required by 3 -13.1.1, “Requirements Before Requesting a Walk-through.”
3. If the Work includes sewer and storm drain installations, the inspection shall include televising in accordance with the requirements in the Contract Documents.
4. The Engineer shall facilitate the Walk-through.
5. Contractor s hall make Plans, specifications, and technical data, such as submittals and equipment manuals, available at the Site for the Walk-through attendees.
6. The Engineer will provide the Contractor with the Punchlist within 15 Working Days after the date of the Wa lk-through and submit it to the Contractor. The Agency shall not provide a preliminary Punchlist.
7. If the Engineer finds that the Project is not substantially complete as defined in the Contract, the Engineer will terminate the Walk-through and notify the Contractor in writing.
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8. If, at any time during the Engineer’s evaluation of the corrective Work required by the Punchlist, the Engineer discovers that additional corrective Work is required, the Engineer may include that corrective Work in the Punchlist. Contractor shall remain solely responsible for the Project Site until the Project is completely operational, all Punchlist items have been corrected, and all operation and maintenance manuals have been accepted by the Agency.
9. The Engineer shall meet with the Contractor until all Punchlist items are corrected. If Contractor takes longer than 30 Working Days to complete the corrective Work, the Project shall be subject to re-evaluation.
10. Upon acceptance of the Work, Contractor shall assemble and deliver to the En gineer all records, documents, warranties, material certifications, bonds, guarantees, maintenance and service agreements, and maintenance and operating manuals. Written warranties, except manufacturer’s standard printed warranties, shall be on a letterhea d addressed to the Contractor. Warranties shall be submitted in the format described in this section, modified as approved by the Agency, to suit the conditions pertaining to the warranty.
3-13.2 Acceptance.
DELETE in its entirety and SUBSTITUTE with the following:
1. Acceptance of the Work will occur after all the requirements of the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the City Manager for the City of Carlsbad or Executive Manager for the Carlsbad Municipal Water District that the Contractor’s performance of the Contract be accepted. Upon such certification by the Engineer, the City Manager or Executive Manager may accept the Work. Upon the acce ptance of the Work by the City Manager or Executive Manager, a “Notice of Completion” will be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of acceptance of the Work.
2. Once the “Notice of Completion” has been recorded, the Engineer will release the retention.
3-13.3 Warranty.
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor shall warranty and repair all defective materials and workmanship for a period of 1 year. This warranty period shall start on the date the Work was recorded by the “Notice of Completion” unless the Agency has beneficial use of the Project (excluding water, sewer, and storm drain projects). In addition, Contractor shall warranty the Work against all latent and patent defects for a period of 10 years.
2. The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
3. All warranties, express or implied, from Subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Agency, and shall be delivered to the Engineer prior to the acceptance of the Co ntractor’s performance of the Contract.
4. Replace or repair defective materials and workmanship in a manner satisfactory to the Engineer after notice to do so from the Engineer and within the time specified in the notice.
If Contractor fails to make such rep lacements or repairs within the time specified in the
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notice, the Agency may perform the replacement or repairs at Contractor’s expense. If Contractor fail s to reimburse the Agency for the actual costs, Contractor’s Surety shall be liable for the cost.
5. The warranty period shall be extended with respect to portions of the Work corrected under warranty. Items that shall be warrantied free from defective workmanship and materials for a period longer than 1 year are as follows:
Specified Item Minimum Warranty Period
Detectable Warning Tile
Construction
3 Years of Manufacturer’s Warranty
All Work Under SECTION 500 – PIPELINE
REHABILITATION
3 Years
Fiber Optic Interconnect Cables 2 Years
Luminaires1 10 Years of Manufacturer’s Warranty
LED Signal Modules 3 Years of Manufacturer’s Warranty
1 Provide documentation verifying that the induction luminaire models being offered for the Project are covered by the 10-year warranty.
6. Contractor shall provide the Agency a copy of the manufacturer’s warranty for private sewer pumps, including the alarm panel and all other accessories. a. Contractor shall involve the manufacturer in the installation and startup as needed to secure any extended warranty required.
b. This section is not intended to limit any manufacturer’s warranty which provides the Agency with greater warranty rights than set forth in this section or the Contract Documents.
c. The warranty shall include all components. The form of the warranty shall be approved by the Engineer in accordance with 3-13.3.2, “Warranty Format Requirements.”
7. If, during the warranty period, any item of the Work is found to be Defective Work, Contractor shall correct it promptly after receipt of written notice from the Agency to do so. The warranty period shall be extended with respect to portions of the Work corrected as part of the warranty requirements.
ADD the following: 3-13.3.1 Defective Work.
1. If the Engineer finds any part of the Work, to be defective or not in compliance with the Contract Documents, the Contractor shall correct the Defective Work in accordance with the Engineer’s written instructions and within the specified time limits.
2. The Engineer may order Contractor to stop all or part of the Project if, upon notice, Contractor fails to immediately correct the Defective Work in conformance with the Contract Documents. The Contractor bears all direct and indirect costs and damages that result from the Agency’s Stop Work notice.
3. The Engineer may determine in its sole discretion to accept Defective Work instead of having the Contractor correct the Defective Work. However, the Contractor will still be financially
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responsible for the Defective Work. The Engineer shall issue a deductive Change Order and will incorporate the necessary revis ions in the Contract Documents for the Defective Work, the diminished value to the Project, or for the cost to repair the Defective Work.
4. If the Contractor fails to correct Defective Work within the specified time limits, the Engineer may correct the Contr actor’s Defective Work. The Agency has the right to correct any Defective Work without notice in the event of an emergency. Contractor shall bear all direct and indirect costs of the Defective Work that the Agency corrects.
5. When undertaking remedial action under this section, the Agency may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s Work and or services, and incorporate into the Project all materials and equipment stored at the Site or for which the Agency has paid but Contractor has stored elsewhere.
6. For Building Projects which require a certificate of occupancy, not including sewer and water facilities, if the Contractor fails to correct the Defective Work listed on the Agency’s Punchlist within 30 Working Days in accordance with 6 -1.1, “Construction Schedule,” the Contractor shall reimburse the Agency for all costs to provide inspection services required to monitor the Contractor’s Work beyond the 30 Working Days. The Agency shall bi ll the Contractor for the additional inspection at the Agency’s established rates.
7. If the Contractor completes the Project or portions of the Project prior to NOC, the Contractor shall preserve equipment by developing and implementing a preventive maintena nce program in compliance with manufacturer’s recommendations.
ADD the following: 3-13.3.2 Warranty Format Requirements.
1. Written warranties, except manufacturer’s standard printed warranties, shall be on the Contractor’s and Contractor’s agents’, material suppliers’, installers’, or manufacturers’ own letterhead, addressed to and for the Agency’s benefit. Submit warranties in the format described in this section, modified as approved by Engineer to suit the conditions pertaining to the warranty.
2. The Contractor shall obtain warranties, executed in triplicate by responsible Subcontractors and Suppliers, within 10 Working Days after completion of the applicable item of Work.
Except for items put into use with the Engineer’s permission with date mutually agreed upon in writing, ensure that the beginning time of the warranty is the Project completion date.
3. The Contractor shall verify that the documents are in proper form, contain full information, and are notarized.
4. The Contractor shall verify that warran ties are signed by both the Contractor and the appropriate party.
5. The Contractor shall provide warranties to the Engineer with a neatly typed table of contents, identifying each warranty with the number and title of the applicable specification section requiring the warranty and the name of the product or work item.
6. The Contractor shall separate each warranty with index tab sheets keyed to the table of contents listing. Provide complete information using separate typed sheets as necessary. The information shall include a list of Subcontractors and Suppliers with the name, address, and telephone number of the responsible principals.
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3-13.3.3 Long-Term Warranty Contract (LTWC).
1. If specified in the Special Provisions and when a LTWC is included in the Contract Documents, the Contractor shall execute and submit the supplemental agreement for the extended Project warranty (the LTWC covering the workmanship and materials).
2. The first 3 years of warranty protection after installation shall be secured by the faithful performance and payment bonds in accordance with 1-7.2, “Contract Bonds.”
3. At the conclusion of the initial 3 -year bonded warranty period, an “n” -year subsequent manufacturer’s warranty for labor and materials shall commence and run concurrently with the LTWC, where “n” is the number of additional years beyond the initial 3 years as specified in the Special Provisions. Alternatively, and with respect to the 3 -year bonded warranty, the Contractor may submit a 2 -year bond followed by 1 -year bond. If the alter nate option is selected, the 1-year bond shall be submitted to the Agency at least 90 Calendar Days before the expiration of the original 2 -year bond. Contractor shall clearly inform the Contract Specialist of the option selected. The protection provided s hall not be for less than 3 + “n” years continuously.
4. The manufacturer’s warranty for parts and labor shall secure performance of the LTWC by the Contractor. Additional security in the form of bonds for both the LTWC and the manufacturer’s extended “n” -year warranty (in years 4 and on following Acceptance) for labor and materials may, but is not required to be, provided per the compensation provisions of the LTWC.
5. The manufacturer warranty shall extend to performance of the LTWC by the Contractor, including without limitation the performance of periodic inspections, preparation of periodic reports, and performance of repairs or replacements including parts and labor. If the manufacturer warranty does not expressly extend to the LTWC or is qualified in any wa y to exclude warranty of the performance of the LTWC by the Contractor, the surety bond shall be provided for the LTWC in accordance with 1-7.2, “Contract Bonds.”
6. If the Contractor is unable to obtain a bond which extends the “n”-year term of the LTWC, to obtain a manufacturer warranty or both which clearly and unambiguously extends to secure performance of the LTWC by the Contractor for the “n” - year term, the Agency shall accept either form of security provided that at least 1 of these forms is provided before award.
7. Provision of the manufacturer’s warranty, bonds, or both as specified is a pre -condition to award of the Contract.
8. Refer to the LTWC for additional information. The provisions of 3 -3, “SUBCONTRACTORS” shall not apply to LTWC.
ADD the following: 3-14 PARTNERING
1. Contractor may request the formation of a formal partnering relationship (Partnering) by submitting a request in writing to the Engineer after approval of the Contract. If Contractor’s request for Partnering is approved by t he Engineer, scheduling of a Partnering workshop, selecting the Partnering facilitator and workshop, selecting the Partnering facilitator and workshop site, and other administrative details shall be as agreed to by both Parties.
2. The establishment of a Partnering shall not change or modify the terms and conditions of the Contract and shall not relieve either party of the legal requirements of the Contract.
3. The goals of Partnering include the following:
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a. The Engineer and Contractor’s representatives, including Contractor’s Subcontractors, actively working together as partners.
b. Avoidance of destructive confrontation and litigation among the parties. c. Mutual understanding on how the Work is to be conducted. d. Establishment of mutual key results to facilitate Project success. e. Establishment of an atmosphere of teamwork, trust, and open communication.
3-14.1 Payment.
1. The payment for providing a facilitator and a workshop site shall be borne equally by the Agency and Contractor. Contractor shall pay in advance all compensation for the costs of the facilitator and for the costs of obtaining the workshop site.
2. Unless a Bid item has been provided for “Partnering,” the Agency’s share of such costs shall be reimbursed to Contractor as Extra Work. Markups shall not be added. Other costs associated with the Partnering relationship shall be borne separately by the party incurri ng the costs.
ADD the following: 3-15 PUBLIC CONVENIENCE
1. The Contractor shall provide and maintain safe and adequate pedestrian and vehicular access to fire hydrants; hospitals; police and fire stations; commercial and industrial establishments including churches, schools and parking lots; service stations; public transportation; pedestrian crossing; motels and establishments of similar nature. Access shall be continuous and unobstructed unless otherwise approved by the Engineer.
2. The Contractor shall provi de access for emergency vehicles and mail delivery and trash collection services. The trash hauling schedule can be obtained by c ontacting Republic Services at Customer Support | Republic Services.
3. During paving operations, the Contractor shall provide paved parking within 800 feet of the affected residences or businesses unless otherwise approved by the Engineer.
4. The Contractor shall provide not ification 72 hours prior to the start of construction in the public right-of-way that affects vehicular traffic, parking, or pedestrian routes. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. F or partial street closures or for curb, sidewalk or driveway repairs, the residences and/or businesses directly affected by the Work shall be notified. The notice shall:
a. Be written and hand delivered.
b. State the date and time the Work will begin and its anticipated duration. c. Provide a brief description of the Work and simple instructions to the home or business owner on actions to facilitate the construction.
d. List 2 telephone numbers to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 -hour number answered by someone who is knowledgeable about the Project. An answering machine shall not be connected to either number.
e. For residences, be prepared on 65-lb. brightly colored card stock or equivalent durability with contrasting, 12 -point font or larger printing; pre -cut in a manner for hanging on a doorknob; and minimum size of 3 -1/2 inc hes wide by 8 -1/2 inches long (refer to the appendices for an example).
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f. Be approved by the Engineer prior to distribution.
5. The Contractor shall post “No Parking” signs 72 hours in advance of the Work. The signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the Work at that location. If the Work is delayed or rescheduled, the signs shall be removed and re-posted 72 hours in advance of the rescheduled Work.
6. Payment for public convenience shall be considered as included in the Contract Price for each item in the Bid and no additional payment will be made.
ADD the following: 3-16 SITE ACTIVITIES BY THE AGENCY OR SEPARATE CONTRACTORS 3-16.1 The Agency’s Right to Award Separate Contracts.
1. The Agency reserves the right to perform work or operations outside the Scope of Work of the Contract related to the Project with Agency Forces, Separate Contractors, or both. If work to be performed by another party was not noted in the Contract, the Agency shall give written notice to Contractor 10 Working Days prior to the start of any Work. If Contractor determines that the work being performed by the Agency or others may interfere with or cause damage to Work being performed by Contractor, notify the Engineer in writing within 3 Working Days of the Engineer’s notice.
3-16.2 Integration of the Work with Separate Contractors.
1. When specified in the Contract Documents, prepare a plan to integrate the work performed by Separate Contractors, Agency Forces, or both with the performance of the Work and submit the plan to the Engineer for approval. The plan shall be fair and reasonable for Contractor and the Separate Contractors. Work with Separate Contractors to reach an agreement for the prepared plan. Arrange the performance of the work so that the Work and the work of the Separate Contractors are, to the extent applicable, properly integrated and jointed in a manner that avoids any damage to the Work or to the work of the Separate Contractors.
3-16.3 Coordination.
1. Coordinate Contractor’s activities and the Schedule with the activities and schedules of the Separate Contractors and make any revisions to the Schedule deemed necessary to avoid any disruption to the Work or to the work of the Separate Contractors.
3-16.4 Use of Site.
1. Provide the Agency and the Separate Contractors reasonable opportunities for the storage of materials and equipment and performance of their work. Connect and coordinate work and operations with the work and operations of the Agency and the Separate Contractors as required by the Contract Documents.
2. Coordinate traffic control with the Separate Contractors for other projects and minimize the impact to the community. Prior to the start of construction, submit Contractor’s plan for coordination.
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3-16.5 Deficiency in Work of Separate Contractors.
1. If part of Contractor’s Work depends on proper execution or results upon construction or operations by the Agency or a Separate Contractor, prior to proceeding with that portion of the Work, promptl y report to the Separate Contractor and the Engineer any apparent discrepancies or defects in construction that would render it unsuitable for proper execution and results. Use good faith efforts to resolve any such discrepancies or defects or any related disagreements. Contractor’s failure to report constitutes Contractor’s acceptance of the Work of Separate Contractors as fit, proper, and coordinated with the Work.
3-16.6 Payment.
1. Payment for reporting deficiencies, coordinating, and resolving discrepancies shall be included in the Contract Price.
SECTION 4 – CONTROL OF MATERIALS
4-1 PROTECTION
ADD the following:
1. The Contractor shall repair or replace any equipment and materials in the event of vandalism, damage, or theft at no additional cost to the Agency.
2. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property.
3. All costs to the Contractor for protecting, removing, and restoring e xisting improvements shall be included in the Bid.
4. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the Work.
However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed.
5. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this Work, full compensation for such Work shall be considered as included in the prices Bid for other items of Work.
6. The Contractor shall not inte rrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff.
7. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish, and place the necessary protection at its expense.
8. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for.
9. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located.
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10. When placing concrete around or contiguous to any non -metallic utility installation, the Contractor shall at its expense:
a. Furnish and install a 2 -inch cushion of expansion joint material or other similar resilient material; or
b. Provide a sleeve or other opening which will result in a 2 -inch minimum-clear annular space between the concrete and the utility; or
c. Provide other acceptable means to prevent embedment in or bonding to the concrete.
11. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system.
12. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place.” Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of Work necessitating such removals.
13. When feasible, the owner is responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of Work by the Contractor. When the Plans or Specifications indicate that a utility insta llation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Co ntract Documents. Utilities which are relocated to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of Work necessitating such relocation.
14. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered, or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid.
15. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such Work shall be included in the Bid for the items of Work necessitating such Work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.
16. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When di rected by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid and will include the restoration of all existing improvements which may be affected by the relocation . The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement.
17. Contractor shall coordinate the Work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or
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company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the Work and adjacent to the location where such utility structures are shown on the Plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of Work affected by the utility. If such temporary omission is approved by the Engineer, the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor i mmediately following the relocation of the utility involved unless otherwise directed by the Engineer.
18. The Contractor shall notify the Engineer of its Construction Schedule insofar as it affects the protection, removal, or relocation of utilities. The notification shall be included as a part of the Construction Schedule. The Contractor shall notify the Engineer in writing of any subsequent changes in the Construction Schedule which will affect the time available for protection, removal, or relocation of utilities.
19. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed.
20. The Contractor may be given an extension of time for unforeseen delays at tributable to unreasonably protracted interference by utilities in performing the Work correctly shown on the Plans.
21. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities.
22. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible or for delays attributable to interferences, relocations, or alterations not covered by the Contract Documents. These da mages for delay will be determined by the Engineer. The Agency shall not be liable for damages which could have been avoided by the judicious handling of forces, equipment, or plant. These avoidable damages will be determined by the Engineer. The Engineer may grant Contractor an extension of time for damages due to delay.
23. When necessary, the Contractor shall so conduct its operations as to permit access to the Work Site and provide time for utility work to be accomplished during the progress of the Work.
4-2 INSPECTION
4-2.1 General.
ADD the following:
1. All costs of inspection at the source, including salaries and mileage costs, shall be paid by the Contractor.
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2. Materials typically accepted by Certificate of Compliance shall not require inspection at the source unless specified in the Contract Documents. For a list of these items or materials, Contractor may refer to the Summary of Work.
3. Location changes to the source of materials requiring inspection without the required 24 - hour notification may result in no n-compliant material subject to rejection. Contractor shall be responsible for staff charges resulting from last minute changes or cancellations once staff has been deployed. The Engineer shall issue a deductive Field Order for a minimum of 2 hours of staff time to reimburse the Agency for misdirected staff charges. The Contractor shall be notified in writing of the additional staff charges incurred.
4. Steel pipe in sizes larger than 18 inches shall require inspection at the source of production.
5. Vitrified clay and cast-iron pipe in all sizes are acceptable upon submittal of a Certificate of Compliance, subject to sampling and testing by the Agency.
6. Agency staff or a qualified inspection agency approved by the Engineer shall witness all welding, lining, coatin g, and testing. Contractor shall incur additional inspection costs outlined in 4-2.3, “Inspection of Items Not Locally Produced.”
7. All parts of production (including but not limited to product fabrication, welding, testing, lining, and coating of straight p ieces and specials) shall be performed or produced in the United States.
8. Welding and all testing shall be performed by certified welders and testing staff with credentials traceable in the United States.
9. The Contractor shall provide the Engineer free and safe access to any and all parts of Work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the California Cod e of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the Work or materials incorporated in the Work shall not relieve Contractor from any obligation to fu lfill this Contract.
4-2.3 Inspection of Items Not Locally Produced.
ADD the following:
1. The Engineer may elect Agency staff or Consultants to perform inspection of an out-of-town manufacturers. The Contractor shall incur additional inspection costs of the Engineer including lodging, meals, and incidental expenses based on Federal Per Diem Rates, along with travel and car rental expenses. If the manufacturing plant operates a double shift, a double shift shall be figured in the inspection costs.
a. At the option of the Engineer, full time inspection shall continue for the length of the manufacturing period. If the manufacturing period will exceed 3 consecutive weeks, Contractor shall incur additional inspection expenses of the Engineer’s supervisor for a trip of 2 Working Days to the site per month.
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b. When the Engineer elects Agency staff or Consultant s to perform out -of-town inspections, the wages of staff employed by the Agency shall not be part of the additional inspection expenses paid by Contractor.
c. Federal Per Diem Rates can be determined at the location below:
https://www.gsa.gov/portal/content/104877
2. Specialty Testing of Foreign Materials.
a. Materials that are manuf actured, produced, or fabricated outside of the United States shall be delivered to a distribution point in California, unless otherwise specified. Quality Control and related testing shall be performed to all applicable specified US standards.
Manufacturer’s testing and staff certification shall be traceable to a United States regulatory agency. Retain the materials for a sufficient period of time to permit inspection, sampling, and testing. The Contractor shall not be entitled to an extension of time for acts or events occurring outside of, at point of entry, or during transport to the United States, unless the extension is acceptable to the Engineer.
ADD the following: 4-2.4 Specialty Inspection Paid for by the Contractor.
1. Contractor shall employ and pay for the services of a qualified inspection agency to perform specialty inspection services as required by the Contract Documents.
2. The payment for the specialty inspection service Work shall be included under the Bid item for “Specialty Inspection Paid for by the Contractor.”
3. When an Allowance Bid item for “Specialty Testing Under the Direction of the Engineer” is provided, Contractor shall employ and pay for the services of a qualified third party independent laboratory to perform the required testing. Con tractor shall be reimbursed for the cost of testing under this Bid item.
4. Contractor shall be reimbursed for the cost of specialty inspections when an Allowance Bid item is included in the Bid otherwise the cost is the responsibility of the Contractor if th e manufacturer requires a specialty inspection service.
4-3 TESTING
ADD the following:
1. Except as specified in these Special Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
2. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the W ork, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work and shall be removed from the Project Site all at the Contractor’s expense.
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3. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. The tests may be made at any place along the Work as deemed necessary by the Engineer. The costs o f any retests made necessary by noncompliance with the specifications shall be borne by the Contractor.
4-4 TRADE NAMES
ADD the following:
1. Whenever materials or equipment are indicated in the Contract Documents by using the name of a proprietary item or t he name of a particular supplier, the naming of the item is intended to establish the type, function, and quality required.
2. Unless stated otherwise, materials or equipment of other suppliers may be accepted if sufficient information is submitted to the Eng ineer for review to determine whether the material or equipment proposed is equivalent or equal to that named.
3. For reviews prior to Bid:
a. The Engineer shall respond to Contractor’s substitution proposal by the last date for issuing an Addendum for the Contr act. If the Engineer fails to respond to Contractor’s substitution proposal before the Bid due date, the substitution proposal shall be deemed denied.
b. Contractor may bring forward a substitution proposal after Award that was denied based on the Engineer’s failure to respond by submitting a Cost Reduction Proposal in accordance with 2-6.1, “Cost Reduction Proposal.”
4. Include the following information in the request for substitution:
a. Whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents to adopt the design to the proposed substitute. b. Whether or not incorporation or use of the substitute in connection with the Work is subject to the payment of any license fee or royalty.
c. All variations of the proposed substitute from the items originally specified shall be identified.
d. Available maintenance, repair, and replacement service requirements. The manufacturer shall have a local service agency within 50 miles (80.5 km) of the Site which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours.
e. Certifications from the manufacturer or service provider that the proposed substitute shall perform the intended function adequately under the expected service conditions, achieve the results called for by the general design, and be similar and of equal substance to that indicated.
5. There is no guaranteed time frame for the Engineer’s review of the substitution requests. Any lack of action on the Engineer’s side within Contractor’s requested time does not constitute acceptance of the substitution.
6. If, in the opinion of the Engineer, substitute items are determined to be unsatisfac tory in performance, appearance, durability, compatibility with existing equipment or systems, availability of repair parts and suitability of application, the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency.
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7. The burden of proof as to the type, function, and quality of any such substitute product, material or equipment shall be upon Contractor. The Engineer may require at Contractor’s expense additional data about the proposed substitute.
8. Acceptance by the Engineer of a substitute item does not relieve Contractor of the responsibility for full compliance with the Contract Documents. If the Engineer takes no exceptions to the proposed substitution, it shall not relieve Contractor from Con tractor’s responsibility to the efficiency, sufficiency, quality, and performance of the substitute material or equipment in the same manner and degree as the material and equipment specified by name.
9. The Bid submittal shall be based on the material and eq uipment specified by name in the Contract. If the proposal is rejected by the Engineer, Contractor shall not be entitled to either an extension in Contract Time, an increase in the Contract Price, or both.
10. As applicable, no Shop Drawing or Working Drawing submittals shall be made for a substitute item nor shall any substitute item be ordered, installed, or utilized without the Engineer’s prior written approval.
11. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substi tuted item and replace it with the originally specified item at no cost to the Agency.
4-5 WEIGHING AND METERING EQUIPMENT
REPLACE the first paragraph with the following:
All scales and metering equipment used for proportioning materials shall be inspecte d for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS
ADD the following:
1. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and prohibitions against discrimination, harassment, and retaliation. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations.
2. Each worker shall be paid subsistence and travel as required by the collective bar gaining agreement on file with the State of California Department of Industrial Relations.
3. The Contractor’s attention is directed to Labor Code Section 1776 which imposes responsibility upon the Contractor for the maintenance, certification, and availabili ty for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the Project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code.
4. Municipal ordinances that affect this Work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for
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use in the proposed construction Project which would be subject to Fish a nd Game Code Section 1601 or 1603, the conditions established in Fish and Game Code Section 1601 et seq. shall become conditions of the Contract.
5-3.3 Payroll Records.
ADD the following:
1. The Contractor and its Subcontractors shall maintain and furnish to the Agency, at a designated time, a certified copy of each weekly payroll reflecting the wages containing all of Contractor’s and Subcontractors’ employees engaged in the Work and a statement of compliance signed under penalty of perjury.
5-3.4 Hours of Labor.
ADD the following:
1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 AM and 4:00 PM on Mondays through Fridays, excluding Agency holidays.
The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside these hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the stated h ours and/or days when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work.
2. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section.
5-4 INSURANCE
5-4.1 General.
ADD the following:
1. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damage to property which may ari se from or in connection with the performance of the Work by the Contractor, his or her agents, representatives, employees or Subcontractors. The insurance shall meet the City’s policy for insurance as stated in City Council Policy No. 70.
a. Coverages and Li mits: Contractor shall maintain the types of coverages and minimum limits specified in these Agency Supplemental General Provisions (00 73 00):
i. Commercial General Liability (CGL) Insurance : Insurance written on an “occurrence” basis, including products -completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit sh all be twice the required occurrence limit.
ii. Business Automobile Liability Insurance : $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must
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cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. iii. Workers’ Compensation and Employers’ Liability Insurance : Workers’ compensation limits as required by the Labor Code and Employers’ Liability limits of $1,000,000 per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City.
b. Additional Provisions : Contractor shall ensure that the policies of insurance required under this Contract with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are en dorsed to contain, the following provisions.
i. The Agency, its officials, employees and volunteers must be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officials, employees or volunteers. All additional insured endor sements must be evidenced using separate documents attached to the certificate of insurance; 1 for each company affording general liability, and employers’ liability coverage. ii. The Contractor’s insurance coverage shall be primary insurance as respects the Agency, its officials, employees and volunteers. Any insurance or self -insurance maintained by the Agency, its officials, employees or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with r eporting provisions of the policies shall not affect coverage provided to the Agency, its officials, employees or volunteers. iv. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
c. Notice of Cancellation. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after 10 Calendar Days’ prior written notice has been sent to the Agency by certified mail, return receipt requested. d. Deductibles and Self -Insured Retention (S.I.R.) Levels. Any deductibles or self -insured retention levels must be dec lared to and approved by the Agency. At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self -insured retention levels as respects the Agency, its officials and employees; or the Contractor shall procure a bond gu aranteeing payment of losses and related investigation, claim administration and defense expenses.
e. Waiver of Subrogation. All policies of insurance required under this Contract shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the Agency or any of its officials or employees.
f. Subcontractors. Contractor shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor.
Coverages for Subcontractors shall be subject to all of the requirements stated in these Agency Supplemental General Provisions (00 73 00).
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g. Acceptability of Insurers. Insurance must be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy No.
70. h. Verification of Coverage. Contractor shall furnish the Agency with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorseme nts for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the Agency and are to be received and approved by the Agency before the Contract is executed by the Agency. i. Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below unless the Risk Manager or City Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor’s indemnification obligations under this Contract. Agency, its officers, agents, and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Contract are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor’s sole expense. The full limits available to the named insured shall also be available and applicable to the Agency as an additional insured. j. Cost of Insurance. The Cost of all insurance required under this Contract shall be included in the Contractor’s Bid.
5-6 PATENTS FEES AND ROYALTIES
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor shall pay, at no additional cost to the Agency, all applicable royalties and license fees arising from the Work. Contractor shall indemnify and defend all claims and lawsuits for infringement of patent, trademark, and copyright against the Agency and shall hold the Agency harmless from any loss.
5-7 SAFETY
5-7.1.1 General.
ADD the following:
1. When conducting grading or excavation, place Contractor’s name and emergency telephone number adjacent to the Work at intervals and locations approved by the Engineer. The method of posting shall be approved by the Engineer.
2. The Contractor shall respond and initiate corrective action in accordance with OSHA and within 24 hours of the notice of the nonconforming Work that poses an imminent threat to person or property.
3. The Contractor shall erect and properly maintain at a ll times, as required by the conditions and progress of the Work, all necessary safeguards for the protection of workers and public,
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and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials.
ADD the following: 5-7.1.3 Health and Safety Plan (HSP).
1. The Contractor is ultimately responsible for the health and safety of Contractor’s employees.
These specifications shall not be construed to limit Contractor’s liability nor to assume that the Agency, its employees, or designees shall assume any of Contractor’s liability associated with Site safety considerations.
2. Contractor shall have a HSP in effect at least 1 week prior to the commencement of the Work.
The HSP shall comply with all OSHA and other applicable requirements.
3. The HSP shall specifically address procedures and protocols that shall be followed to monitor for or respond to the presence of hazardous atmosphere, possibility for engulfment, ga sses due to organic soils or proximity to landfills, exposure to hazardous products such as may be released when grinding, cutting, or torching galvanized or painted surfaces or asbestos containing materials, contaminated soil, and groundwater. Identify re sponse actions that shall be taken when these conditions are encountered.
4. The Agency shall not assume any role in determining the adequacy of the HSP on Contractor’s behalf.
5-7.3 Use of Explosives.
ADD the following:
1. Explosives may be used only when authorized in writing by the Engineer. The Contractor shall prepare and submit an application for blasting permit to the City of Carlsbad Engineering Department and comply with the City’s blasting policy.
5-7.7 Security and Protective Devices.
5-7.7.1 General.
DELETE in its entirety and SUBSTITUTE with the following:
1. Security and protective devices shall consist of fencing, railing, steel plates, or other devices for the protection of workers or the public from hazards posed by open excavations or any work in progress. Security and protective devices shall remain in place until the Work is accepted.
2. Unless otherwise specified, no separate or additional payment will be made for security and protective devices. Payment shall be included in the Contract price for the various Bid items requiring such devices.
ADD the following: 5-7.7.3 Playground Safety.
1. Provide a secured fence around the playground to prevent use or access. Do not remove the fence until the independent Playground Safety Audit has been done by the Contractor and the Engineer, the Engineer has accepted the playground design and installation, and the Punchlist items have been completed.
2. Provide certification by a NPSI certified playground inspector that confirms that the installed equipment is compliant with all applicable codes.
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3. The payment for the fencing around the playground and the playground safety audit is included in the Contract Price.
5-7.7.2 Security Fencing.
1. The payment for security fencing Work for open excavations shall be included in the Contract Price.
5-7.8 Steel Plate Covers.
5-7.8.1 General.
ADD the following:
1. The Contractor shall protect transverse or longitudinal cuts, voids, trenches, holes, and excavations in the right-of-way that cannot be properly completed within 1 Working Day by adequately designed barricades and structural steel plates (plates) that shall support legal vehicle loads in such a way as to preserve unobstructed traffic flow.
2. For trench widths exceeding those in Table 5-7.8.2, a structural design shall be prepared by a California registered civil or structural engineer regularly engaged in the design of shoring systems.
3. The Contractor shall secure approval in advance from authorities concerning the use of any bridging proposed on the Work.
4. The Contractor shall shore the trench adequately to support the bridging and traffic loads.
5. The Contractor shall design plates for HS 20 -44 truck loading in accordance with Caltrans Bridge Design Specifications Manual and evaluate soil conditions and ensure that the pla te extends enough beyond the trench walls to support traffic loads.
6. The Contractor shall use the plates skid -resistant with a nominal COF of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from each Caltrans District Materials Engineer to correlate skid resistance results to California Test Method 342.
7. Plates shall provide complete coverage to prevent any person, bicycle, motorcycle, or motor vehicle from being endangered due to plate movement causing separations or gaps.
8. Alternative installation methods may be submitted in accordance with 3 -8, “SUBMITTALS” for the Engineer’s approval.
9. Contractor shall install signage and posti ngs with a 2 inch (50.8 mm) minimum letter height indicating the steel plate cover load limit, the Company’s name, and a 24 -hour emergency contact phone number. See 601-1, “GENERAL.”
10. Contractor is responsible for the maintenance of the plates, shoring, and asphalt concrete ramps or any other approved device used to secure the plates. Contractor shall immediately mobilize necessary personnel and equipment after being notified by the Engineer, the Agency, or a member of the public of a repair needed for such items as plate movements, noise, anchors, and asphalt ramps. Failure to respond to the emergency request within 2 hours shall be grounds for the Agency to perform necessary repairs that shall be invoiced at the actual cost including overhead or $500 per in cident, whichever is greater. Failure may also result in a “Stop Work” notice.
11. When plates are removed, Contractor shall repair any damage to the pavement with fine graded asphalt concrete mix or slurry seal satisfactory to the Engineer.
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12. The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movem ent. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1 ") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-
5.2 and 203-5.3.
ADD the following: 5-8 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
1. Contractor agrees to defend, indemnify, and hold harmless Agency, its affiliated and subsidiary entities, and its elected and appointed officials, officers, directors, managers, employees and agents (“Indemnified Parties”) from and against all claims asser ted, liability established, or judgments for damages or injuries to any person or property, including to Contractor’s officers, employees, agents, or subcontractors, arising directly or indirectly out of the Work, which arise from, are connected with, or are caused or claimed to be caused by the acts or omissions of Contractor, its officers, employees, agents or subcontractors.
Contractor’s duty to defend, indemnify, and hold harmless shall not include any claims or liabilities arising from the sole neglige nce or sole willful misconduct of the Indemnified Parties.
Contractor further agrees that its duty to defend includes all attorney fees and costs associated with enforcement of this indemnification provision, defense of any claims arising from this Contract, and, where a conflict of interest exists or may exist between Contractor and Agency, the reasonable value of attorney fees and costs if Agency chooses, at its own election, to conduct its own defense or participate in its own defense of any claim related to this Contract.
2. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to the Award of the Contract to Contractor, and Contractor will pay all costs, including defense costs for the Agency. Defense costs include the c ost of separate counsel for the Indemnified Parties, if the Indemnified Parties request separate counsel.
3. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to the Award of the Contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the Agency. Defense costs include the cost of separate counsel for the Indemnified Parties , if the Indemnified Parties request separate counsel.
4. Contractor shall defend, indemnify, protect and hold the Indemnified Parties harmless from and against any dispute between Contractor and Contractor’s Subcontractors if the Indemnified Parties are made a party to any judicial or administrative proceeding.
ADD the following: 5-9 CONFLICT OF INTEREST
1. Establish and make known to Contractor’s employees appropriate safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others and particularly those with
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whom they have family, business, or other relationships. Project personnel shall not accept gratuities or any other favors from Subcontractors or potential Subcontractors.
2. Contractor is subject to all federal, state, and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices (Government Code Sections 1090 et. seq. and 81000 et. seq., the Agency’s Ordinances, and the City of Carlsbad Municipal Code). If, in performing the Work, Contractor make s or participate s in a “governmental decision” in accordance with Title 2, Section 18701, subdivision (a)(2) of the California Code of Regulations, or perform s the same or substantially all the same duties for Agency that would otherwise be performed by an Agency employee holding a position specified in the Agency’s conflict of interest code, Contractor shall be subject to a conflict of i nterest code requiring the completion of 1 or more statements of economic interests disclosing Contractor’s relevant financial interests.
3. Statements of economic interests shall be made on Fair Political Practices Commission Form 700 and filed with the City of Carlsbad’s City Clerk. Contractor shall file a Form 700 (Assuming Office Statement) within 30 Calendar Days of the Agency’s written determination that Contractor shall be subject to a conflict of interest code and file a Form 700 (Annual Statement) on or before April 1st disclosing any financial interests held during the previous calendar year for which Contractor was subject to a conflict of interest code.
4. If the Agency requires Contractor to file a statement of economic interests as a result of the Work performed, Contractor shall be considered a n “Agency Official” for conflict of interest purposes, including the prohibition against lobbying the Agency for 1 year following the expiration or termination of the Contract.
5. Contractor’s personnel employed on the Project shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. Contractor shall not recommend or specify any product, supplier, or other Contractor with whom Contractor ha s a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies.
6. If Contractor violates any conflict of interest laws or any of these conflict of interest provisions, the violation shall be grounds for immediate termination of this Contract. Further, the violation subjects Contractor to liability to the Agency for all damages sustained as a result of the violation.
ADD the following: 5-10 ELECTRONIC COMMUNICATION
1. When specified in the Contract Documents, Contractor shall post all communications addressed to the Engineer concerning construction including RFIs, submittals, daily logs, and transmittals to the Project management website established for the Project. The Contractor shall maintain a list of scheduled activities including planned and actual execution dates for all major construction activities and milestones defined in the approved Schedule. The Contractor shall review and act on all communications addresse d to the Contractor in the Project management website. A user’s guide to the Project management system may be available on the City’s website and shall be provided to Contractor at the Pre -construction Meeting.
2. The payment for electronic communications shall be included in the Contract Price.
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ADD the following: 5-11 STATUTORY REFERENCES
1. All references in these Agency Supplemental General Provisions (00 73 00) to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented, or replaced from time to time by the corresponding legislative or regulatory body.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
ADD the following:
1. A Payment for the Construction Schedule shall be included in the Contract Price and no separate payment will be made therefor.
6-2 PROSECUTION OF WORK
ADD the following:
1. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restores to usefulness all improvements existing prior to the start of the Work.
2. When a Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Agency, Contractor shall remove such Subcontractor immediately upon wr itten request of the Agency and shall request approval of a replacement Subcontractor to perform the Work in accordance with the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, § 4100 et seq.) at no added cost to the Agency.
ADD the following: 6-2.1 Order of Work.
1. The Contractor shall incorporate the requirements of the city, utility companies or agencies having jurisdiction over the Work in accordance with 2 -4 Cooperation and Collateral Work, including any phasing requirements identified on the Plans or Special Provisions.
2. If construction and demolition operations are wi thin an active public space, the Contractor shall submit a phasing plan to the Engineer to accommodate accessibility to the public and Agency staff. Phasing plan must be approved before Work starts. Phasing plan will be considered part of the mobilization Bid item and shall include any revisions or implementation of the Plan.
ADD the following: 6-2.2 Moratoriums.
1. When moratorium periods are specified in the Special Provisions, Contractor shall stop Work and completely demobilize all construction related activity, equipment, and materials within the stated limits prior to the beginning of the moratorium periods at no additional cost to the Agency. The Contractor shall complete any Work that has been started prior to the start of the moratorium.
2. Contractor shall restore and clean the Site prior to each moratorium. The Contractor shall not leave equipment, materials, or traffic control on the Site during the moratorium periods.
Trenches shall be backfilled during moratorium periods. Temporary resurfacing or steel plate covers over trenches shall not be used.
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3. The payment for complying with moratorium requirements shall be included in the Contract Bid. Contractor shall not be entitled to any additional costs for repeated mobilization and demobilization to continue the Work after the moratorium periods.
6-3 TIME OF COMPLETION
6-3.1 General.
ADD the following:
1. Unless otherwise specified in the Contract, the time of completion of the Contract shall be expressed in Working Days.
2. The number of Working Days specified for the walk-through, preparation, and the completion of Punchlist items until acceptance shall be included in the stipulated Contract Time.
3. For pipeline Projects, the following shall be included in the stipulated Contract Time:
a. Complete each str eet segment within 15 Working Days from the day the slurry seal or asphalt overlay is placed. Each completed segment shall include other incidental Work items (weed abatement, damaged asphalt pavement replacement, asphalt patching, resurfacing, striping, markings, raised pavement markers, and inlet markers). b. Where shutdowns of 16 -inch and larger pipes are required, there is a shutdown moratorium from May until October. The Contractor shall plan and schedule Work accordingly. No additional payment or Working Days will be granted for delays due to the moratorium.
4. When specified in the Contract Documents, the PEP is included in the stipulated Contract Time and shall begin with the acceptance of the installation of the vegetation plan in accordance with Part 8 – LANDSCAPING AND IRRIGATION.
5. The Contractor shall obtain the written approval of the Engineer to perform any Work outside of normal Work hours. This approval must be obtained at least 48 hours prior to commencement of such Work. The Contractor shall pay any additional costs for inspection or testing of such Work.
6. Work that is required by the Engineer to occur outside of normal Work hours will be identified in the Special Provisions.
7. The Contractor shall not perform Work during moratoriums per 6 -2.2 or during any periods of restriction identified in agency permits or Project environmental documents and shall include all such schedule constraints in the Construction Schedule.
8. No additional payment or adjustment of Bid item prices or adjustment of Contract Tim e will be made for the Contractor’s inability to work outside of normal Work hours if Contractor’s request is denied by the Engineer or during prohibited periods.
9. Contractor’s schedule shall plan for a minimum of 2 weeks after final walk-through to receive a final punch list from the Agency. Punch list items can be worked on during this 2-week period.
6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General.
ADD the following:
1. The Agency shall only grant an extension of time if the Extra Work or unforeseen condition impacts the Project’s critical path. All requests for an extension in Contract Time for any Extra
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Work or unforeseen event shall be demonstrated by using the CPM. No other scheduling method shall be used to calculate the Project’s schedule.
6-4.2 Extensions of Time.
DELETE in its entirety and SUBSTITUTE with the following:
1. The Contract Time shall be modified only by Change Order.
2. Contractor shall immediately submit to the Agency a written request for a Change Order to modify the Contract Time, but in no event later than 1 Working Day after the occurrence and discovery of the events giving rise to the request. Contractor shall inclu de in Contractor’s request a general description of the basis for and the estimated length of any extension and submit supporting data, including a time impact analysis setting forth the claimed Critical Path impacts to the Construction Schedule consistent with Section 1.14 (Change Orders, Delays, and Extensions of Time).
3. The Engineer shall not grant an extension of Contract Time unless Contractor demonstrates, through an analysis of the critical path, the following:
a. The event causing the delay impacted the activities along the Project’s critical path. b. The increases in the time to perform all or part of the Project beyond the Contract Time arose from unforeseeable causes beyond Contractor’s control and without Contractor’s fault or negligence.
c. All Project float has been used.
4. The Engineer shall issue a weekly document that stipulates the Contract Time. If Contractor does not agree with this document, Contractor shall submit to the Engineer for review a written protest supporting Contractor’s objections to the document within 15 Working Days after receipt of the weekly document. Contractor’s failure to file a timely protest shall constitute Contractor’s acceptance of the Engineer’s weekly document. a. Contractor’s protest will be considered a claim for time extension and shall be subject to 2-10.1, “Claims”.
6-4.4 Written Notice and Report.
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor’s failure to file with the Engineer a written request and report of cause within 24 hours will be considered grounds for refusal by the Agency to consider such request.
2. The Contractor shall provide written notice to the Engineer within 2 hours after the beginning of the delay, or when the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each Working Day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each worker and supervisor and the make and model of all equipment placed on standby, the cumulative duration of the standby, the Contractor’s opin ion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
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3. The request for payment or extension must be made at least 15 Calendar Days prior to the specified completion date. Failure by the Contractor to provide notices and reports as specified in the Contract will be considered grounds for refusal by the Agency to consider such request.
6-6 SUSPENSION OF THE WORK
6-6.1 General.
ADD the following:
1. The Agency reserves the right to shut down any trenching operation if Contractor is not proceeding within a reasonable period of time to restore the pavement and Site cleanup. A reasonable period of time is considered to be 5 to 10 Working Days after backf illing any 1 block, approximately 600 feet, of pipeline. The Engineer shall determine the period of time allowed which shall not be subject to dispute.
2. During periods when the Work is suspended, Contractor shall be prepared for any emergency Work that shall be supervised by Contractor’s representative.
3. Trenching operations are subject to suspension if the Contractor does not comply with the requirements for the maximum length of open trench specified in 306-3.5.
6-7 TERMINATION OF THE CONTRACT FOR DEFAULT
6-7.1 General.
DELETE in its entirety and SUBSTITUTE with the following:
1. Prior to the Acceptance of the Work, Contractor shall be found in default of the Contract if:
a. Contractor becomes insolvent, assign Contractor’s assets for the benefit of Contractor’s creditors, are unable to pay Contractor’s debts as they become due, or are otherwise financially unable to complete the Work.
b. Contractor abandons the Work by failing to report to the Site and by failing to diligently execute the Work to completion.
c. Contractor disregards written instruction from the Engineer or materially violates provisions of the Contract Documents.
d. Contractor fails to execute the Work according to the Schedule approved by the Engineer. e. Contractor disregards laws or regulations of any public body having jurisdiction. f. Contractor commits continuous or repeated violations of regulatory or statutory safety requirements.
g. Contractor fails to notify the Engineer upon discovery of items of Native American, Archaeological, or Paleontological interests.
2. Notices and other written communications regarding default between the Contractor, the Agency, and the Surety shall be transmitted in accordance with 5- 2, “SPECIAL NOTICES”.
6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE
DELETE in its entirety and SUBSTITUTE with the following:
1. At any time, the Agency may at its sole discretion terminate this Contract in whole or in part.
If the Agency decides to terminate this Contract for convenience, the Agency shall issue a written notice of termination f or convenience in accordance with 5 -2, “SPECIAL NOTICES .” Upon receipt of this notice, Contractor shall immediately proceed as follows:
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a. Stop Work immediately or in accordance with the Notice of Termination. b. Notify Subcontractors and Suppliers to immediately cease their Work and place no further subcontracts for materials, services, or facilities except as necessary to complete any authorized continued portion of the Contract.
c. Terminate all subcontracts to the extent that they relate to the Work terminated. d. With approval by the Engineer, settle all outstanding obligations arising from the termination of subcontracts. This approval shall be final for the purposes of this section. e. As directed by the Engineer, transfer and deliver completed or partia lly completed drawings, plans, calculations, specifications, and any other documents and records that, if the Contract had been completed, would be required to be furnished to the Agency. f. Complete the performance of the Work not terminated. g. Take all necessary steps and actions to minimize all costs to the Agency as a result of the termination.
h. Take any action that may be necessary or that the Engineer may direct for the protection and preservation of the property related to the Contract that is in Contractor’s possession and in which the Agency has or may acquire an interest.
6-8.1 Termination Cost.
1. The Agency shall determine and pay Contractor the fair and reasonable amounts for Contractor’s termination cost as follows:
a. The Contract Price for completed services accepted by the Engineer not previously paid or adjusted for any saving of freight and other charges. b. The fair and reasonable cost of settling and paying termination settlements for terminated subcontracts that are chargeable to the terminated portion of the Contract. c. The Agency shall pay Contractor a prorated amount of profit for Work that Contractor performed. The Agency shall not pay for lost profit on Work that was not performed by Contractor.
6-8.2 Termination Settlement.
1. After termination, Contractor shall submit a final termination settlement proposal to the Engineer no later than 3 months from the effective date of termination, unless extended in writing by the Engineer.
2. If Contractor fails to submit the proposal within the time allowed, the Agency may determine and pay the fair and reasonable amount that may be due Contractor as a result of the termination. If Contractor does not agree that the amount determined by the Engineer is fair and reasonable, Contractor must notify the Engineer within 30 Calendar Days of receipt of payment.
6-8.3 Determination of Amount Due the Contractor.
1. In determining the amount due Contractor, the Agency shall deduct the following:
a. The fair value of property destroyed, lost, stolen, or damaged tha t has become undeliverable to the Agency.
b. Any claim which the Agency has against Contractor under the Contract.
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6-8.4 Records and Documents Relating to Termination.
1. The Engineer will file an Agreement of Mutual Rescission of Contract with the Board. Once the Agreement is executed and a Notice of Completion is recorded, retention can be released.
2. Unless otherwise specified or required by statute, Contractor shall maintain all records and documents relating to the terminated portion of the Contra ct for 3 years after final settlement. This includes all books and other evidence bearing on Contractor’s costs, expenses, and settlement under the Contract. Contractor shall make these records and documents available to the Agency, at Contractor’s office, at all reasonable times, without any direct charge. If approved by the Engineer, Contractor may maintain photographs, microphotographs, and other authentic reproductions instead of original records and documents.
6-8.5 The Agency’s Right to Terminate or Suspend for Loss of Project Funds.
1. The Agency may terminate or suspend the Contract at its sole discretion if the State of California or its agents render the funds being used to fund this Project unavailable. If the Agency chooses to suspend the Contract, that suspension shall last until funds are identified and approved by the Board, whichever is appropriate, to be used to complete this Project. If the Agency elects under this provision to terminate the Contract, then neither Party is entitled to compensa tion from the other Party for any costs arising from such termination.
The Agency may also elect to terminate after invoking a suspension under this provision.
6-9 LIQUIDATED DAMAGES
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor’s failure to complete the Work within the time allowed shall result in damages being sustained by the Agency. Such damages are, and shall continue to be, impracticable and extremely difficult to determine. For each consecutive Working Day in excess of the time specified for the completion of the Work, as adjusted in accordance with 6 -4, “DELAYS AND EXTENSIONS OF TIME,” Contractor shall pay to the Agency, or have withheld from monies due it, the sum described in the table below, along with any other damages tha t may be sustained by the Agency during the Project, unless otherwise specified in the Special Provisions.
2. The execution of the Contract shall constitute agreement between Contractor and the Agency that the liquidated damage amount described in the table b elow is the value of the damage caused by Contractor’s failure to complete the Work within the allotted time. Such sum shall not be construed as a penalty and may be deducted from Contractor’s payments if such delay occurs.
Contract Value Liquidated Damage Daily Amount
Less than $100,000 $1,000
$100,000 and more $2,500
3. Any progress payments made to Contractor after the specified completion date shall not constitute a waiver of payment for damages sustained by the Agency under this section.
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ADD the following: 6-10 RIGHT TO AUDIT
6-10.1 General.
1. The Agency retains the right to review, audit, reasonably access Contractor’s and all Contractor’s Subcontractor’s premises to review and audit Contractor’s compliance with the provisions of the Contract. This includes the right to inspect, photocopy, and retain copies, outside of Contractor’s premises, of all records with appropriate safeguards if such retention is deemed necessary by the Agency in its sole discretion. The Agency will keep this information in strictest confidence.
2. Contractor shall include the Agency’s right to audit in its subcontracts and ensure that these specifications are binding upon all Subcontractors.
6-10.2 Audit.
1. The right to audit includes the right to examine any and all books, records, documents, and any other evidence of procedures and practices that the Agency determines is necessary to discover and verify that Contractor are in compliance with all requirements under the Contract.
2. If there is a claim for additional compensation or for changes in Work, the right to audit also includes the right to verify all direct and indirect costs which are claimed to have been incurred, anticipated to be incurred, or for which a claim for additional compensation or for changes in the Work have been submitted.
3. Contractor shall maintain complete and accurate records in accordance with generally accepted accounting practices in the construction industry. Contractor shall also make available to the Engineer for review and audit al l Project -related accounting records and documents and any other financial data. Upon the Engineer’s request, Contractor shall submit exact duplicates of originals of all requested records to the Engineer.
6-10.3 Compliance Required Before Mediation and Litigation.
1. As a condition precedent to proceeding with mandatory mediation and further litigation under 2 -10.2, “Dispute Resolution Process” Contractor shall comply with the audit specifications within 60 Calendar Days of the Engineer’s notice to review an d audit compliance. See 5-2, “SPECIAL NOTICES.”
6-10.4 Access to Records on Federally Funded Projects.
1. Contractor shall retain all records, books, papers, and documents directly pertinent to the Contract for a minimum of 5 years after the Agency makes final payments and all other pending matters are closed and shall allow access to those records to the Agency, the Federal grantor agency, the Comptroller General of the United States, or any duly authorized representatives.
SECTION 7 – MEASUREMENT AND PAYMENT
Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures.
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7-2 LUMP SUM WORK
ADD the following: 7-2.1 Schedule of Values (SOV).
1. Submit a SOV for the lump sum Bid items of the Work to the Engineer for review and approval at the pre-construction meeting.
2. The SOV shall:
a. Subdivide the Work into its respective parts.
b. Include values for all items comprising the Work.
c. Serve as the basis for monthly progress payments.
3. The Engineer is the sole judge of acceptable numbers, details, and description of values established. If, in the opinion of the Engineer, a greater number of SOV items than proposed by Contractor is necessary, add the addition al items identified by the Engineer. When requested by the Engineer, provide substantiating data in support of the SOV.
4. The Contractor shall incorporate the SOV into the cost loading function of the Schedule in accordance with 6 -1, “CONSTRUCTION SCHEDULE A ND COMMENCEMENT OF THE WORK.” Monthly progress payment amounts for Lump Sum items shall be determined from the monthly updates of the Schedule activities.
5. The Contractor shall develop the SOV independently but simultaneously with the development of the Sch edule activities and logic. Incorporate phase funding impacts, if applicable, into the Schedule.
6. The Contractor shall break down the Work not specifically included in the Bid as necessary for establishment of cost and Schedule activity.
7. Following acceptance of the SOV, the Contractor shall incorporate the changes (if any) into the cost loading portion of the Schedule. Where coordination of the Schedule and the SOV requires changes made to 1 or both documents, the Contractor shall propose changes to the SOV and to the Schedule activities to satisfy the Schedule cost loading requirements.
8. The Contractor shall update and submit these listings in conjunction with the Schedule monthly submittals.
9. The Contractor shall incorporate issued Change Orders or Field Orde rs in the Schedule into the SOV as single units identified by the Change Order or Field Order number.
10. Changes to the Schedule which add activities not included in the original Schedule but included in the original Work (schedule omissions) shall have values assigned as accepted by the Engineer. Other activity values shall be reduced to provide equal value adjustment increases for added activities as accepted by the Engineer.
11. In the event that the Contractor and the Engineer agree to make adjustments to the original SOV because of inequities discovered in the original accepted SOV, increases and equal decreases to values for activities may be made.
12. The payment for the preparation of the SOV shall be included in the Contract Price.
7-3 PAYMENT
7-3.1 General.
To paragraph (8), DELETE in its entirety and SUBSTITUTE with the following:
If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money plus 25 percent due for such labor or materials will be withheld from payment in accordance with
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applicable laws. At the expiration of 30 Calendar Days from the date of recording the NOC, the amount deducted from the final estimate and retained by the Agency shall be paid to Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment.
ADD the following:
1. Unless specified otherwise, the Contract Price includes use, consumer, an d other taxes mandated by applicable legal requirements. The Contract Price is not subject to adjustment for tax increases.
2. As provided in California Public Contract Code Section 7105, if the Contract is not financed by revenue bonds, Contractor is not responsible for the cost of repairing or restoring damage to the Project when damage was proximately caused by an Act of God, in excess of 5% of the Contract Price, if the following occur:
a. The damaged portion of the Project was built in accordance with the Contract requirements.
b. There are no insurance requirements in the Contract for the damages.
3. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the Notice of Completion.
7-3.2 Partial and Final Payment.
To paragraph (5), DELETE in its entirety and SUBSTITUTE with the following:
Pursuant to Public Contract Code Section 22300, Contractor shall have the option, at Contractor’s expense, to substitute for any money withheld by the Agency, securities equivalent to the amount being withheld. Securities eligible for such substitution are bank or savings and loans certificates of deposit or such securities which are eligible for investment pursuant to Government Code Section 16430. As to any such security or securities so substituted for monies withheld, Contractor shall be the beneficial owner of same and shall receive any accrued interest.
Such security shall, at Contractor’s request and expense, be deposited with the Agency or with a State or Federally Chartered bank as the escrow agent who shall pay such monies to Contractor upon notification by the Engineer that payment can be made. Such notification shall be given at the expiration of 30 Calendar Days from the date of NOC, or as prescribed by law, provided however, that there shall be a continued retention of the necessary securities to cover such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained.
ADD the following:
1. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid item and Change Order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate.
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The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges t hat full and final payment has been made for all Contract Bid items and Change Order items.
If the Contractor submits a written statement with supporting documents within 30 Calendar Days from receipt of the Final Payment Estimate, the Engineer will review the disputed item within 30 Calendar Days and make any appropriate adjustments on the Final Payment.
Remaining disputed quantities or amounts not approved by the Engineer will be subj ect to resolution as specified in Section 2-10.1.1, Initiation of Claim.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims . Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.
2. Final Payment and release of Retention shall be paid after Contractor submits the following:
a. An affidavit that payrolls and bills for mat erials, equipment, and other indebtedness connected with the Work for which the Agency or the Agency’s property might be responsible for or encumbered by. Fewer amounts withheld by the Agency shall have been paid for or otherwise satisfied.
b. A certificate evidencing that insurances required by the Contract Documents shall remain in force after Final Payment is currently in effect and shall not be canceled or allowed to expire until at least a 30 Calendar Days prior written notice has been given to the Engineer.
c. Consent of Surety to Final Payment.
d. If required by the Engineer, other data establishing payment or satisfaction of obligations such as receipts, releases and waivers of liens, claims, and security interests or encumbrances arising out of the Contract Documents. If a Subcontractor refuses to furnish a release or waiver required by the Agency, Contractor may furnish a bond satisfactory to the Engineer to indemnify the Agency against such lien. e. If required in the Contract Documents, the successful complet ion and submittal of the required reports such as construction demolition, waste recycling, and hydrostatic discharge reports.
f. Required documentation, record drawings, operations manuals, test reports, warranty documentation, and UL labels shall be submitt ed before requesting the release of retention.
ADD the following: 7-3.2.1 Application for Progress Payment.
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1. By the 5th day of each month, sign, fill out, and submit to the Engineer a partial payment estimate that identifies acceptable Work performed during the previous month, or since the last partial payment estimate was submitted. If requested by the Engineer, provide such additional data as may be required to support the payment estimate. Such data may include submission of signed field o rders and satisfactory evidence of payment for equipment, materials, and labor, including payments to Subcontractors and Suppliers.
2. For application for progress payments, Contractor shall use the format required by the Agency. An electronic copy of the inv oice form is available from the Engineer upon request.
Progress payments shall be signed, and the date of the invoice shall be the date that the invoice is submitted.
3. The Agency shall not pay progress or partial payments until Contractor submits to the Engineer an updated Schedule. It is solely the Contractor’s responsibility to prepare and submit the Schedule updates.
4. Disputed or incorrect applications shall be returned to the Contractor within 7 Calendar Days with documentation describing the reason for the rejection of the payment request.
ADD the following: 7-3.2.2 Amount of Progress Payments.
1. If an undisputed and properly submitted application for payment is received by the Engineer, the Agency shall pay Contractor within 30 Calendar Days after the En gineer receives the application for Payment consistent with Public Contract Code Section 20104.50. The Agency shall pay Contractor for the Work performed, including the payment for offsite stored materials per section 7-3.3.1.2, through the period covered by the application for payment if the payment amount before Retention does not exceed the percentage of completion of the Work as set forth in the SOV.
ADD the following: 7-3.2.2.1 Progress Payment for Pipelines.
1. Progress payments for pipelines shall be determined by multiplying the total number of linear feet of each of the following operations completed during the payment period, by the corresponding percentage given below, and the Contract Unit Price for the particular main(s) or drain(s).
2. The progress payment may include payment for items in the Bid proposal, other than mains, which have been installed complete during the payment period.
3. Payment breakdown shall be as follows:
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OPERATION PERCENTAGE
WATER:
Trench Excavation, Pipe in Place, Backfill and Cleanup. 80% Hydrostatic and Bacterial Testing, Pavement Restoration and Final Cleanup 20% SEWER:
Trench Excavation, Pipe in Place, Backfill and Cleanup. 80% Testing (Wayneball and/or Mandrel), Pavement Restoration and Final Cleanup. 20%
STORM DRAIN:
Trench Excavation, Pipe in Place, Backfill and Cleanup. 80% Pavement Restoration and Final Cleanup. 20%
SEWER MAIN REHABILITATION:
Cleaning, Televising, liner installation, point repairs, and lateral reinstatements. 80%
Approval of pipeline rehabilitation verified by Final Video. 20%
4. In asphalt-surfaced streets, the Agency shall pay 15% for hydrostatic and bacterial testing, Wayneball and Mandrelling (where necessary), for water and sewer utility constructions respectively, and operational testing for storm drains, including the trench cap and cleanup.
The Agency shall pay the remaining 5% after completing the asphalt wearing surface and final cleanup.
5. Trench excavation, pipe in place, backfill, and cleanup of construction debris are 1 operation that shall be complete before the Agency pays the first 80%.
ADD the following: 7-3.2.3 Waiver of Claims at Final Payment.
1. Contractor’s acceptance of Final Payment constitutes a waiver of affirmative claims by Contractor, except those previously made in writing and identified as unsettled at the time of Final Payment, which are expressly reserved by Contractor from operation of its Release of Claims pursuant to Public Contract Code Section 7100 or other Applicable Law.
ADD the following: 7-3.2.4 Withholding of Payment and Back Charge.
1. The Engineer may withhold payment for any of the following reasons:
a. Defective or incomplete Work.
b. Stop notices, wage orders, or other withholdings required by Applicable Law. c. Contractor’s failure to comply with 5 -3.3, “Payroll Records” and the Contractor Registration and Electronic Reporting System requirements of the Contract Documents. d. Failure to submit monthly Construction Schedule updates.
2. The Engineer may back charge the Contractor for any of the following reasons:
a. Defective or incorrect Work not remedied.
b. Damage to Agency property or a third party’s property that was caused by Contractor. c. Liquidated Damages.
d. Non-attendance at meetings without prior cancellation notice. e. Failed inspections or re-inspections paid by the Agency.
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7-3.3 Delivered Materials.
DELETE in its entirety and SUBSTITUTE with the following:
1. The cost of materials and equipment delivered but not incorporated into the Work will not be included in the progress estimate.
ADD the following: 7-3.3.1 Payment for Stored Materials on Site.
ADD the following: 7-3.3.1.1 General.
1. When authorized, Contractor may request payment for materials and equipment which has not been incorporated into the Work but will be at a later date and will be delivered and stored at the Project Site.
2. The material shall meet the Contract requirements and the material’s required test results and certifications shall be filed with the Engineer.
3. Only non -perishable materials for major i tems of Work or Materials Subject to Price Adjustment shall be considered for payment for on -site storage. However, each individual item has a value of more than 1% of the Contract Price and shall become a permanent part of the Work.
4. Materials cost shall be evidenced by the manufacturer’s paid invoice bearing the statement that Contractor has paid all invoices in full.
5. The payments for the stored materials shall not exceed the invoice price or 60% of the Bid prices for the pay items into which the materials are to be incorporated, whichever is less, unless otherwise approved by the Engineer.
6. Apply for the payment for materials stored on a form provided by the Engineer and attach documentation to show the following:
a. The amount paid on the invoice (or other record of production cost) for the stored items. b. The dollar amount of the material incorporated into each of the various Work items for the month.
c. The amount that should be retained for stored materials. d. That Contractor has received the materials and equipment free and are clear of all liens, charges, secured interests, and encumbrances.
e. That the materials and equipment are covered by the appropriate property insurance in accordance with the insurance provisions and other arrangements that protect the Agency’s interest.
7. Contractor shall provide the Engineer, upon request and prior to any partial payment, documentation which transfers full legal title to such materials to the Agency conditional only upon receipt of the Final Payment. Such transfer of ti tle or any partial payment shall not constitute acceptance by the Agency of the materials , nor shall it void the right to reject materials subsequently found to be unsatisfactory in accordance with SECTION 4 – CONTROL OF MATERIALS. This shall also not reli eve Contractor of any obligation arising under the Contract Documents.
8. The payments for materials on-site are subject to retention as set forth in 7-3.2, “Partial and Final Payment.”
9. Contractor shall assume all risks associated with the loss or damage to t he stored products for which payment has or has not been received.
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10. Equipment and materials shall be stored in accordance with manufacturer’s recommendations. The stored products shall be in a form ready for installation. The Agency shall not pay for raw materials or parts and pieces of equipment.
11. Any and all surplus materials that are not incorporated in the Work shall become Contractor’s property at no additional cost to the Agency.
12. Unless specifically provided in the Contract, payment for the materials on hand shall not be included when determining the percentage of Work completed.
13. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved , plus sales tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor, if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency.
ADD the following: 7-3.3.1.2 Payment for Stored Materials Offsite.
1. The payment of materials and equipment delivered and stored offsite shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipment warranties for the benefit of the Agency.
2. The Agency reserves the right to refuse approval for the payment of any equipment or materials suitably stored offsite in its sole discretion, regardless of whether all conditions in the Contract Documents have been met.
3. Partial payment may be made for products eligible for offsite delivery and storage only upon Contractor’s presentation of a bill of sale, a p aid invoice, or an affidavit certifying that the material is received by the Contractor free and clear of all liens, encumbrances, and secured interest of any kind including offsite delivery.
4. Partial payment for products delivered and stored offsite shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipment warranties for the benefit of the Agency.
5. The cost of materia ls and equipment delivered but not incorporated into the Work will not be included in the progress estimate.
6. Costs associated with the delivery to and storage at an offsite facility shall be at Contractor’s expense regardless of the Engineer’s approval to deliver and store the materials.
7. Contractor shall provide written evidence to the Engineer of having made arrangements for unrestricted access by the Agency and the Agency’s authorized representatives to the materials wherever stored, including provisions for the Agency to take control and possession of such materials at any time and without restriction. Contractor shall furnish the Engineer a permit of entry, from the owner of the property, for at least 6 months after the NOC has been filed. The permit of entry shall contain information similar to the following:
PERMIT OF ENTRY: Permission is granted to the Agency and its designated employees or agents to enter upon the property described in this permit for a period of not less than 6
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months after the NOC has been filed for (Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive ) for the purpose of removing materials for which advance materials on hand payment has been made to (Contractor’s Name). The property is owned by (Owner’s Name) and is described as follows : (Address and Description of Property). (Include signature(s) and date(s) for owner and lessee or purchaser, and, if appropriate, attach a copy of a warehouse receipt or contract for storage.
8. The material shall be clearly marked and identified as being specifically fabricated, produced, and reserved for use on the Project. The Contractor shall provide payment documentation for the materials.
7-3.4 Mobilization.
ADD the following:
1. Mobilization consists of Work necessary for the movement of personnel, equipment, supplies, and incidentals to and from the Site; for establishment of all offices, buildings, storage yards, and other facilities necessary for the Work; and for all other Work and operations which shall be performed prior to beginning the Work and after completion of the Work on the various Contract items on the Site.
2. Contractor shall properly design the Project parameters to incorporate construction mobility for moving on and off the Site in a manner that limits disturbance to the surrounding residences, businesses, and any other citizens. This includes the designated staging areas, loading areas, and assemblage areas. Contractor sh all consider and address access rights of the public at all times. Prepare a mobilization plan that shall describe and govern Contractor’s mobilization activities.
3. When a Bid item has been provided for “Mobilization,” payment for mobilization Work shall be distributed equally over the first 2 progress payments up to the Bid amount of the “Mobilization” Bid item but shall not exceed 3% of the Contract Price. If Contractor’s Bid item for “Mobilization” exceeds 3% of the Contract Price, then anything above 3% of the Contract Price shall be paid as a part of the Final Payment.
4. The complete dismantling and removal of all of Contractor’s properties, temporary facilities, equipment, materials, construction wastes, and personnel at the Site referred to as demobilization is included in the payment for mobilization, unless there is a Bid item for demobilization.
5. If a separate Bid item has not been provided for mobilization, the payment for mobilization is included in the Contract Price.
6. Required items of work for which there is no separate item specified in the bid shall be considered as included in the lump sum price bid for Mobilization and no additional compensation shall be allowed therefor.
7-3.5 Contract Unit Prices.
7-3.5.1 General.
ADD the following:
1. Unit Bid p rices shall not be subject to adjustment regardless of quantity used or if none is used for the following Bid items:
a. additional bedding
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b. imported backfill
c. shoring
d. water services and connections
e. water pollution control items
f. point repairs for existing sewer mains
g. additional point repairs for existing sewer mains
h. sewer lateral connections
i. sewer lateral linings
j. traffic control
k. additional equipment
2. Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in c onformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2 -8. The Extra Work per Section 2 -8, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contrac tor through payment for 150 percent of the Bid quantity at the Contract Unit Price.
3. Should the actual quantity of an item of Work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2 -8; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price.
ADD the following: 7-3.9 Field Orders.
1. The Agency shall pay Field Order items of the Work in accordance with the limits below if the cumulative total of Field Orders does not exceed the “Field Orders” Bid Item:
Contract Price Maximum Field Order Amount
Less than $100,001 $2,500
$100,001 to $1,000,000 $5,000
$1,000,001 to $5,000,000 $10,000
Greater than $5,000,000 $20,000
ADD the following: 7-3.10 Compensation Adjustments for Price Index Fluctuations.
1. Unless otherwise specified, the provisions of this section apply only to the paving asphalt used in the following:
a. Asphalt Concrete Pavement
b. Asphalt Pavement Repair
c. Scheduled and Unscheduled Base Repair
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d. Slurry Seal or any other asphalt emulsion
2. The compensation for paving asphalt shall be increased or decreased for paving asphalt price fluctuations in accordance with 7 -3.11 “Compensation Adjustments for Price Index Fluctuations” in the Caltrans Standard Specifications.
3. The adjustment in compensation shall also be subject to the following:
a. Show the provided compensation adjustments separately on payment estimates.
Contractor is liable to the Agency for decreased compensation adjustments and the Engineer may deduct the amount from moneys payable or that may become payable to Contractor.
b. In the event of an overrun of Contract Time, adjustment in compensation for asphalt binder included in estimates during the overrun period shall be determined using the California Statewide Crude Oil Price Index in effect on the first business day of the month within the pay period in which the overrun began.
c. In the event that the companies discontinue posting their prices for a field, the Engineer shall determine an index from the remaining posted prices. The Agency reserves the right to include in the index determination the posted prices of additional fields.
4. Contractor may opt out of the payment adjustments for price index fluctuations when specified in the Contract Documents by submitting a letter with the Bid.
7-4 PAYMENT FOR EXTRA WORK
7-4.1 General.
ADD the following:
1. With every request for payment, Contractor shall submit to the Engineer a breakdown showing monthly and cumulative amounts of the Work performed under the Change Order by Contractor and Contractor’s Subcontractors. The reporting format shall be approved by the Engineer.
2. When the price for the Extra Work cannot be agreed upon, the Agency will pay for the Extra Work based on the accumulation of costs.
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor.
ADD the following:
1. The costs of labor will be the actual cost for wages of workers performing the Extra Work at the time the Extra Work is done, plus employer payments of payroll taxes, workers compensation insurance, lia bility insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from federal, state, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements.
2. The use of a labor classification which would increase the Extra Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportionate to all their assigned work and only that applicable to Extra Work will be paid.
3. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 7-4.2.1(1).
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4. The Agency reserves the right to request the following:
a. Financial records of salaries for an employee.
b. Wage rates/Certified Payroll.
c. Bonuses and deductions.
5. Contractor shall list the labor rates of its personnel and Subcontractors who work on the Project. The payment for payroll records is included in the Contract Price.
6. If Contractor’s proposal for Extra Work is based upon services and Work to be performed outside Normal Working Hours, the labor charges associated with the Extra Work shall consist of straight time wages and burdens plus the appropriate overtime or shift premium with no additional burdens, such as fringe benefits, on the premium portion.
7-4.2.2 Tool and Equipment Rental.
DELETE in its entirety and SUBSTITUTE with the following:
1. No payment shall be made for the use of tools which have a replacement value of $200 or less.
2. Regardless of ownership, the rates and delay factors to be used in determining equipment rental costs shall not exceed those listed i n the latest edition of the Caltrans publication entitled “Labor Surcharge and Equipment Rental Rates” preceding the date the Work is accomplished. The latest edition of the Caltrans publication is available at www.dot.ca.gov.
The delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and Subcontractors, if any. The labor surcharge rates published therein are not a part of this Contract.
3. Contractor shall be entitled to a rental rate adjustment when Contractor can substantiate that the rental rates prevailing locally exceed the published rates by more than 15%. For equipment not listed in the Caltrans publicati on, rental rates shall not exceed listed rates prevailing locally at equipment rental agencies or distributors at the time the Work is performed.
4. Whenever possible, Extra Work shall be accomplished using equipment available on Site or owned by Contractor. If a specific piece of equipment shall be rented to be used exclusively for the Extra Work, the rental rate shall be the invoiced rate. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, re pairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the Extra Work shall be included.
5. If rental equipment is not being used or used intermittently and could be returned to its rental source rather than holding it at the Work Site, the Contractor shall return the equipment at no expense to the Agency unless Contractor elects to keep it at the Work Site at Contractor’s expense.
6. The reported rental time for e quipment already at the Work Site shall be the duration of its use on the Extra Work. This time shall begin when equipment is first used on Extra Work, plus the time required to move it from its previous site and back or from its previous site to a closer site.
7. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used.
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7-4.2.3 Materials.
The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job Site in the quantities involved, plus sales tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency.
7-4.2.4 Invoices.
Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report.
7-4.3 Markup.
7-4.3.1 Work by the Contractor.
DELETE in its entirety and REPLACE with the following:
The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits:
Labor 20
Materials 15
Equipment Rental 15
Other Items and Expenditures 15
To the sum of the costs and markups provided for in this section, 1 % shall be added as compensation for bonding.
7-4.3.2 Work by a Subcontractor.
DELETE in its entirety and REPLACE with the following:
When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such Work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the Extra Work and a markup of 5 percent on Work added in excess of $5,000 of the subcontracted portion of the Extra Work may be added by the Contractor.
7-4.4 Daily Reports.
ADD the following:
Payment for Extra Work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
When the price for the Extra Work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets,
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
listing all labor, materials, and equ ipment involved for that day, and other services and expenditures when authorized. Payment for Extra Work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
Failure to submit the daily report by the close of the next Working Day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall b e entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor.
The report shall:
1. Show names of workers, classifications, and hours worked.
2. Describe and list quantities of materials used.
3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable.
4. Describe other services and expenditures in such detail as the Agency may require.
SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL
Filed office not required.
END OF SECTION
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS
INTRODUCTION
The Specifications contained in this 00 7400 Agency Supplemental Technical Provisions take precedence over the specification language contained in the Standard Specifications for Public Works Construction, "The Greenbook" latest edition and all errata. This specification addresses the unique conditions in C arlsbad that are not addressed in The Greenbook. Therefore, if there is a conflict, these Specifications shall control.
The Greenbook may be purchased at Bidder/Contractors local technical bookstore or directly from the publisher. These Agency Supplemental General Provisions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies.
When used in the Contract Documents, statements or command phrases (active voice and imperative mood) refer to and are directed at the “Bidder” or “Contractor” as applicable. The Specifications are written to the “Bidder” before award and the “Contractor” after award. Before award, interpret sentences written in the imperative mood as starting with “ The Bidder shall .” Interpret the term “you” as “the Bidder” and interpret the term “your” as “the Bidder’s .” After award, interpret sentences written in the imperative mood starting with “The Contractor shall .” Interpret the term “you” as “the Contractor” and interpret the term “your” as “the Contractor’s.
PART 2 CONSTRUCTION MATERIALS
SECTION 201 – CONCRETE, MORTAR AND RELATED MATERIALS
201-7 NON-MASONTRY GROUT
201-7.1 General.
A DELETE the second and third sentence and REPLACE with the following:
Grout shall be non-shrink grout.
SECTION 203 – BITUMINOUS MATERIALS
203-1 PAVING ASPHALT
203-1.3 Test Reports and Certification.
DELETE in its entirety and REPLACE with the following:
1. Paving asphalt shall be supplied by Caltrans or other State Department of Transportation approved vendors unless otherwise specified in the Special Provisions. At delivery time, the supplying vendor shall deliver to the purchaser a certified copy of the test report. This report shall indicate the vendor's name, gra de of paving asphalt delivered, date/ time and point of delivery, quantity delivered, ticket number, purchase order number, and results of specified tests. The certified test report and the testing required in connection with the report shall be submitted in accordance with 3-8.4, “Supporting information,” of the Greenbook Standard Specifications.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
2. Final acceptance of the material will be dependent upon the determination by the Engineer that the material involved conforms to the Specifications.
203-6 ASPHALT CONCRETE
203-6.1 General.
DELETE in its entirety and REPLACE with the following:
1. Asphalt concrete shall be the product of mixing mineral aggregate and up to 20 percent RAP with asphalt binder at a central mixing plant.
2. Asphalt concrete mixtures shall conform to 203 -6.4, “Asphalt Concrete Mixtures,” of the Greenbook Standard Specifications.
203-6.3 Job Mix Formula (JMF) and Mix Designs.
203-6.3.1 General.
DELETE in its entirety and REPLACE with the following:
1. The Contractor shall submit in accord ance with 3 -8.4 a JMF that summarizes each asphalt concrete mix design for each class and grade of asphalt concrete required to construct the Work. Supporting information for the WMA technology and/or recycling agent, if included in a mixture, shall also be submitted.
2. The JMF shall identify the source and the individual grading of each material used to produce the mix design (including the percentage and individual gradation of any manufactured or natural sands), the combined gradation, the OBC, void conten t, RAP percentage, RAP gradation, RAP binder content, stability value, plant identification, mix number, WMA technology, and the source and performance grade of the paving asphalt. The mix design test data represented by the JMF shall be submitted to the Engineer with the JMF.
3. When greater than 20 percent RAP is to be included in a mixture, a mix design shall be submitted. The submittal shall include supporting information showing the viscosity of the individual binders (both the virgin paving asphalt grade and that of the binder recovered from the RAP); and the amount of recycling agent, if any, and the blended final viscosity in accordance with AASHTO M323.
4. For all mixtures, the asphalt binder content shall be defined as the total bituminous material present in the mix consisting of the blend of virgin paving asphalt, residual paving asphalt from RAP, and recycling agent.
5. When a mix design is more than 30 Calendar Days old, the JMF must indicate that the combined gradation is ± 3 percent from the referenced mix design based on a 30-day moving average or a minimum of the 10 most current results. If the combined aggregate gradation is not within ± 3 percentage points of the gradation shown on the referenced mix design on any sieve, if the source of any aggrega te is changed, the performance grade or source of paving asphalt is changed, the grade or source of any other component of asphalt concrete is changed, or the mix design is over 1 year old, a new mix design shall be prepared and a new JMF shall be submitted to the Engineer for approval.
6. Asphalt concrete shall be class C2-PG 64-10.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
203-6.4.1 Class and Grade.
DELETE letters b) and d) and REPLACE with the following:
b) "R0" if the mixture does not contain RAP, e.g., "C2-PG 64-10-R0."
203-6.4.4 Composition and Grading.
ADD the following:
1. Table 203-6.4.4, design criteria, shall be modified per the following table, the gradation shall stay the same:
Table 203-6.4.4 – Modified (Design Criteria)
Sieve Size
Percentage Passing Sieves
A B C1 C2 D1 D2 E F
Dense
Coarse
Dense
Medium
Coarse
Coarse
Medium
Dense
Medium
Coarse
Fine
Dense
Fine
Extra
Fine
Channel
Liner
1-1/2” (37.5 mm) 100
1” (25 mm) 90-100 100
¾” (19.0 mm) 78-90 87-100 100 100
½” (12.5 mm) 64-78 70-87 90-100 95-100 100 100
3/8” (9.5 mm) 54-68 55-76 72-88 72-88 90-100 95-100 100 100 No. 4 (4.75 mm) 34-48 35-52 40-54 46-60 40-54 58-72 65-85 95-100 No. 8 (2.36 mm) 25-35 22-40 18-34 28-42 20-32 34-48 45-65 70-84 No. 30 (600 µm) 12-22 8-24 8-20 15-27 6-18 18-32 22-38 36-50 No.50 (300 µm) 8-16 5-18 4-14 10-20 2-12 13-23 16-28 23-35 No. 200 (75 µm) 3-6 0-7 1-6 2-7 0-5 2-9 6-12 6-12
Asphalt Binder % 4.5-6.0 4.7-6.5 5.0-6.5 5.0-6.5 5.3-7.0 5.3-7.0 6.0-8.0 8.0-10.0 Hveem Stability
“S Value” (min.)
37 37 35 35 32 32
Air Voids1 4% 4% 4% 4% 4% 4%
203-6.5.1 Class and Grade.
DELETE the list and REPLACE with the following:
a) No suffix if the mixture contains RAP in an amount up to 20 percent. b) "R0" if the mixture does not contain RAP, e.g., "III-C2-PG 64-10-R0." c) "R" and the percentage of RAP if the mixture contains greater than 20 percent, e.g. "III - C2-PG 64-I0-R25."
203-6.8 Storage.
DELETE in its entirety and REPLACE with the following:
1. Storage of asphalt concrete shall not be allowed. Asphalt concrete shall be transferred from the mixer by a method that does not cause segregation.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
203-6.10 Sampling.
DELETE in its entirety and REPLACE with the following:
1. Aggregate samples for batch plants shall be taken from the hot bins. Aggregate samples for dryerdrum plants shall be taken in advance of the dryer -drum using devices conforming to 203-6.7.4.2.
2. Evaluation and acceptance of asphalt concrete shall be determi ned from samples of final asphalt concrete material. In addition to evaluation of the final asphalt material, samples of aggregate, RAP, and asphalt binder shall be taken for testing. In case of dispute between the Contractor and the Agency, the Engineer h as the authority to request core samples for analysis from the placed asphalt concrete for any of the acceptance criteria, at the locations determined by the Engineer. All samples shall be taken in accordance with California Test 125, and the following table:
TABLE 203-6.10
Sampling Location
Asphalt Concrete • Trucks, or
• Mat behind the paver
Aggregate • Cold feed belts, or
• Hot bins prior to addition of asphalt binder
RAP • RAP system, or
• RAP feed belts
Asphalt Binder • Asphalt binder supplier, or
• Storage tanks at the plant during
production
3. When behind the paver or core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for the required testing.
4. When using core samples, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results.
5. Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal to 1 day’s production or 750 tons, whichever is smaller. The samples and testing results shall be representative of their entire sample lot.
203-6.11 Acceptance.
DELETE in its entirety and REPLACE with the following:
1. Acceptance of asphalt concrete mixtures will be based upon conformance to the gradation, asphalt binder content, air voids, and minimum stability values shown in Table 203-6.4.4. Air void values shall be between 2% and 6%. The asphalt binder content shall be within +/- 0.4 percent of the OBC shown on the respective job mix formula.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
2. Acceptance of Type III asphalt concrete mixtures will be based upon conformance to the gradation, asphalt binder content, air voids, and minimum stability values shown in Tables 203-6.5.4 (A) and 203 -6.5.4 (B). Air void values shall be between 2% and 6%. The asphalt binder content shall be within +/ - 0.4 percent of the OBC shown on the respective job mix formula.
3. Should plant gradation test results be unavailable and allowed by th e Engineer, gradation may be determined in accordance with ASTM D2172 or by AASHTO T 308 with adherence to the aggregate correction factor therein. In the case of a continued dispute, final acceptance of plant produced mixtures may be based upon binder content, stability and air void values.
4. When dissimilar surface course mix characteristics are the result of production and delivery from multiple plants, the Engineer may require production and delivery from only 1 plant during any 1 day of production, unless approved by the Engineer.
SECTION 206 – MISCELLANEOUS METAL ITEMS
ADD the following: 206-7 TRAFFIC SIGNS.
206-7.1 Roadside Signs.
1. This Work shall consist of furnishing and installing roadside signs in accordance with details shown on the Plans, the Cali fornia Sign Specifications and these special provisions.
Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a d istance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks.
206-7.1.2 Sign Identification.
1. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame:
A. PROPERTY OF THE CITY OF CARLSBAD,
B. Name of the sign manufacturer,
C. Month and year of fabrication,
D. Type of retroreflective sheeting, and
E. Manufacturer’s identification and lot number of retroreflective sheeting.
2. The above notation shall be applied directly to the aluminum sign panels in 1/4 -inch upper case letters and numerals by die -stamp and applied by similar method to the fiberglass reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed.
The notation shall be applied without damaging the finish of the sign.
206-7.1.3 Drawings.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
1. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall b e the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this Contract, whichever is most recent.
206-7.1.4 Reflective Sheeting.
1. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions.
206-7.1.5 Sign Panel.
1. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, d eoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet al uminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication.
206-7.1.6 Mounting Traffic Signs.
1. Traffic signs shall be installed on 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard Drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS Drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used.
206-7.1.6 Traffic Sign Posts.
1. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard Drawing M-45.
206-7.2 Temporary Traffic Signs.
1. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable signs.
206-7.2.1 General.
1. This Work shall consist of furnishing and installing temporary signs in accordance with details shown on the Plans, the California Sign Specifications and these special provisions.
Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during
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daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks.
206-7.2.2 Drawings.
1. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent.
206-7.2.3 Reflective Sheeting.
1. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismat ic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions.
206-7.2.4 Sign Panel.
1. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, du st, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication.
206-7.2.5 Stationary Mounted Temporary Traffic Signs.
1. Stationary mounted temporary traffic signs shall be installed on 10 -gage and 12 -gage cold- rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows:
a) Wood posts shall not be used.
b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7’).
d) Unless otherwise shown on the Plans , traffic signposts shall conform in materials an d installation to SDRS Drawing M-45 and shall have 1 post provided for each 0.48 m 2 (5 ft2) of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer.
e) Sign panels mounted on temporary traffic signposts shall conform to the requirements of these special provisions.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
206-7.2.6 Temporary Traffic Sign Posts.
1. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the Plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the Plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate.
206-7.2.7 Portable Temporary Traffic Signs.
1. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or ot her approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3 -m (12”). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required.
ADD the following: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. 206-8.1 General.
1. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes s hall have a galvanized finish and shall be cold - roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A -525, Designation G -90. Galvanizing shall be performed after all forming and punching operations have been c ompleted. Cold -rolled steel perforated tubing shall be perforated on all 4 faces with 11mm (7/16”) holes on 25 mm (1”) centers.
206-8.2 Tolerances.
1. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011”, -0.005”). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010”) applied to the specific size determined at the corner. Strai ghtness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 “ in 3’). Tolerance for corner radius is 4.0mm (5/32”), plus or minus 0.40 mm (1/64“). Weld flash on corner -welded square tubing shall permit 3.60 mm (9/64”) radius gage to be placed in the c orner. Using 10 -gage or 12 -gage square tube, consecutive size tubes shall telescope freely for 3.1m (10’). Tolerance on hole size is plus or minus 0.40 mm (1/64“) on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8” in 20’). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B).
TABLE 206 -8.2(A)
LIGHT GAGE STEEL TUBING SIZE TOLERANCE
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Nominal Outside
mm
Dimensions
(inches)
Outside Tolerance for
mm
All Sides at Corners
(inches)
25 x 25 (1 x 1) 0.13 0.005
32 x 32 (11/4 x 11/4) 0.15 0.006
38 x 38 (11/2 x 11/2) 0.15 0.006
44 x 44 (13/4 x 13/4) 0.20 0.008
51 x 51 (2 x 2) 0.20 0.008
56 x 56 (23/16 x 23/16) 0.25 0.010
57 x 57 (21/4 x 21/4) 0.25 0.010
64 x 64 (21/2 x 21/2) 0.25 0.010
51 x 76 (2 x 3) 0.25 0.010
TABLE 206 -8.2(B)
LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST
Nominal Outside
mm
Dimension
(Inches)
Squareness(1)
mm
(Inches)
Twist
Permissible
mm(2)
in 900 mm
(3”)
(Inches)(2)
25 x 25 (1 x 1) 0.15 0.006 1.3 0.050
32 x 32 (1-1/4 x 1-1/4) 0.18 0.007 1.3 0.050
38 x 38 (1-1/2 x 1-1/2) 0.20 0.009 1.3 0.050
44 x 44 (1-3/4 x 1-3/4) 0.25 0.010 1.6 0.062
51 x 51 (2 x 2) 0.30 0.012 1.6 0.062
56 x 56 (2-3/16 x 2-3/16) 0.36 0.014 1.6 0.062
57 x 57 (2-1/4 x 2-1/4) 0.36 1.014 1.6 0.062
64 x 64 (2-1/2 x 2-1/2) 0.38 0.015 1.9 0.075
51 x 76 (2 x 3) 0.46 0.018 1.9 0.075
(1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate.
206-8.3 Fasteners.
1. Fasteners used to assemble cold -rolled steel perforated tubing shall be steel “pull -through” electrogalvanized rivets with 9.5 mm (3/8”) diameter shank, 22 mm (7/8”) diame ter head, and a grip range of from 5 mm (0.200”) to 0.90 mm (0.356”). The fasteners shall conform to ASTM B-633, Type III.
ADD the following: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN. 206-9.1 General.
1. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self -contained portable changeable message s ign, which can
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
be delivered to the site of the Work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to +70ºC (158ºF) and shall not be affected by unauthorized mobile radio transmissions.
2. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than
4.4 m (14.5') above the ground. After initi al placement, PCMS shall be moved from location to location as directed by the Engineer.
206-9.2 Message Board.
1. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3 -line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat b lack and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection.
2. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities.
3. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night.
4. The controller shall be an all solid -state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from 1 position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre -programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet.
206-9.3 Operation and Maintenance.
1. PCMS shall be furnished, placed, operated, and maintained at locations shown on the Plans, specified in this section, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the Project in accordance with the manufacturer's recommendations. When ownership is transferred to the Agency (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these Specifications, including current registration.
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206-9.4 Measurement and Payment.
1. The Contract unit price PCMS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the Work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the Agency at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made.
PART 3 CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEANING AND GRUBBING
DELETE 300-1.2 Root Pruning and Tree Trimming.
300-1.3 Measurement.
DELETE in its entirety and REPLACE with the following:
1. Clearing and grubbing, if measured for payment, will be measured by the acre or lump sum.
300-1.4 Payment.
DELETE the second sentence.
SECTION 302 - ROADWAY SURFACING
ADD the following: 302-1 GENERAL
302-1.1 Vegetation Treatment.
1. The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a n herbicide that complies with the City’s Integrated Pest Management program.
Herbicide shall be applied at least 2 Working Days prior to surfacing the street. Allowance for the 2-day period shall be shown in the schedule required per section 6 -1. Payment for pavement surfacing shall include tree trimming and herbicide treatment of the areas to be surfaced and no extra payment will be made for tree trimming and herbicide treatment.
302-1.2 Coordination.
1. The Contractor shall schedule the Work so as to prevent damage by all traffic. The Contractor shall not schedule Work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Republic Services at (760) 332-6464. At least 2 weeks prior to Work, Contractor shall send, by first class mail, notification letters to all property addresses within 500-feet of the Work. Obtaining the appropriate addresses shall be the Contractor’s responsibility. A sample letter may be provided by the Agency to be used as an example. The letter should provide the name of the Contractor and a 24-hour phone number for residents to call if they have any issues or questions.
2. During operations, the Contractor’s sc hedule for resurfacing shall be designed to provide residents and business owners sufficient paved parking within an 800-foot distance from their homes or businesses.
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3. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the Work shall be notified.
4. The Contractor shall deliver the notification which shall state the date and time the Work will begin and its a nticipated duration. The notification shall list 2 telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 -hour number answered by a representative of the Contractor who is knowledgeable about the Project. At least 1 of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the Work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer.
5. For door hangers, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point.
The precut notices shall be as shown on the example provided in Appendix “A,” with the day of the week circled and appropriate information specific to the Work inserted at the locations indicated in the italicized font.
6. The preparation, materials, printing, delivery and distribution of the letters, door hangers and notifications shall be included in the contract price Bid for Traffic Control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices.
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
ADD the following sentence at the end of the first paragraph:
1. This work shall include the construction of AC speed cushions as shown on the plans, per these Technical Provisions, the Standard Specifications, and as directed by the Engineer.
2. The work shall include controlling nuisance water, sweeping, watering, and removing loose and broken foreign material as specified in the Standard Specific ations and these Technical Provisions and as required by the Engineer.
3. The Contractor shall provide proper delineation, signing and flagger to keep traffic off of the freshly laid AC speed cushions until it has been properly compacted and is set up sufficiently so that it will not be damaged by traffic. Surfaces damaged by traffic shall be replaced to the satisfaction of the Engineer.
4. Tarpaulins shall be used to cover all loads from plant to project site.
302-5.2 [Not Used]
REMOVE and REPLACE with the following section:
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
302-5.3 Testing
302-5.2.1 General
All quality assurance testing shall be done by the Contractor. Prior to delivery of each shipment of asphalt concrete to the job site, the Contractor shall test and provide results and certification to the City, to insure the conforming of the material and its integral components with the prescribed requirements.
The test reports, signed by the Contractor’s materials testing representative, shall certify that the product delivered conforms to the specifications for the type and grade indicated.
The certified test reports and the testing required in connection with the reports shall be at no cost to the City.
The vendor supplying the material will deliver to the purchaser with certified copies of t he test reports, indicating the name of the vendor. Type and grade of asphalt delivered, date and point of delivery, quantity delivered, delivery ticket number, purchase order number and result of specified test conducted by the Contractor.
302-5.4 TACK COAT.
ADD the following subsection:
1. Tack coat shall be applied to all vertical and horizontal surfaces to be joined by new asphalt.
2. The tack coat shall not be applied until the preparation of the existing surface has been completed, and then only so far in advance of placing the asphalt concrete surface course as permitted by the Engineer. Prior to applying tack coat, existing surface shall be swept and cleaned to the satisfaction of the Engineer. No tack coat shall be left exposed overnight.
Immediately in advance of placing the asphalt concrete surface course additional tack coat shall be applied, as directed by the Engineer to areas where the tack coat has been destroyed or otherwise rendered ineffective, and no additional compensation shall be allowed for such w ork. Between lifts of asphalt concrete pavement, and any other cold pavement joints, curbs, gutters, manholes, tack coat shall be applied if paving over cooled surface where satisfactory bond cannot be obtained.
3. Existing concrete gutter and curb faces shal l be protected against disfigurement from the asphalt. Residue of the material shall be removed from gutter and curb faces by sandblasting to the extent required by the Engineer.
4. Tack coat shall not be applied when the temperature of the surface to be tack ed isbelow 40o F in the shade.
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General.
DELETE in its entirety and REPLACE with the following:
1. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings.
2. The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the Plans by wet
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer.
3. The Cont ractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding.
4. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10’) thick asphalt concrete overlay is not permitted.
314-2.2 and 314-2.3
Replace as follows: 314-2.2 Measurement and Payment
1. Removal of traffic striping and curb and pavement markings as shown on the Plans and required by the Specifications shall be included in the lump -sum price Bid for Signing and Striping, and no additional compensation will be allowed, therefor. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed for the repainting . The lump sum Bid shall include all labor, tools, equipment, materials, and incidentals for doing all Work in installing the final and temporary traffic striping.
314-3 REMOVAL OF PAVEMENT MARKERS
314-3.2 and 314-3.3
Replace as follows: 314-3.2 Measurement and Payment
1. Removal of pavement markers as shown on the Plans and required by the Specifications shall be included in the lump -sum price Bid for Signing and Striping , and no additional compensation will be allowed, therefore. Reapplication of temporary stripes and mar kings shall be repainted at the Contractor's expense, and no additional compensation will be allowed for the repainting . The lump sum Bid shall include all labor, tools, equipment, materials, and incidentals for doing all Work in installing the final and t emporary traffic striping.
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.3.6 and 314-4.3.7
Replace as follows: 314-4.3.6 Measurement and Payment
1. Final and temporary traffic striping, curb markings and pavement markings as show n on the Plans and required by the Specifications shall be included in the lump -sum price Bid for Signing and Striping , and no additional compensation will be allowed, therefore.
Reapplication of temporary stripes and markings shall be repainted at the Con tractor's expense, and no additional compensation will be allowed for the repainting. The lump sum
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Bid shall include all labor, tools, equipment, materials, and incidentals for doing all Work in installing the final and temporary traffic striping.
314-4.4.5 and 314-4.4.6
Replace as follows: 314-4.4.5 Measurement and Payment
1. Thermoplastic traffic striping and pavement markings as shown on the Plans and required by the Specifications shall be included in the lump-sum price Bid for Signing and Striping, and no additional compensation will be allowed, therefor. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed for the repainting . The lump sum Bid shall include all labor , tools, equipment, materials, and incidentals for doing all Work in installing the final and temporary traffic striping.
314-5 PAVEMENT MARKERS
314-5.6 and 314-5.7
Replace as follows: 314-5.6 Measurement and Payment
1. Pavement markers as shown on the Plans and required by the Specifications shall be included in the lump -sum price Bid for Signing and Striping , and no additional compensation will be allowed, therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed for the repainting. The lump sum Bid shall include all labor, tools, equipment, materials, and incidentals for doing all Work in installing the final and temporary traffic striping.
PART 4 EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-2 PERMANENT SURVEY MARKERS
ADD the following:
1. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer . Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California (“Surveyor”) to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than 30 Calendar Days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by Business and Professions Code Sections 8772 and 8773 et seq.
2. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Cont ractor shall adjust the monument frame and cover to the new grade within 7 Calendar D ays of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer.
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SECTION 401 – REMOVAL
401-2 ASPHALT CONCRETE PAVEMENT
DELETE in its entirety and REPLACE with the following:
1. Asphalt concrete pavement shall be removed to clean, straight lines. Removal performed by cold milling shall conform to 404. Adjacent AC/AB sawcut and removal associated with concrete construction shall be full depth and a minimum width of 12 inches from face of concrete edge and continue along the concrete scheduled for removal. Removal and disposal of adjoining AC/AB section shall be incidental to the removal of concrete structure Bid item per this Section. Replacement of adjoining AC/AB section shall be incidental to replacement of the concrete.
SECTION 404 – COLD MILLING
404-12 PAYMENT
ADD the following:
1. Cold milling, also referred to as AC Grind, of existing asphalt concrete pavement, to the depth and limits as designated on the Plans or as directed by the Engineer. Removed millings shall be disposed of per 401, “Removal,” of the Standard Specifications.
2. The entire surface area of pavement in areas designated for cold milling shall be ground to the depths shown on the plans. Care shall be exercised not to damage adjacent concrete gutters and curbs to remain in place. Gutters or curbs damaged shall be replaced at the Contractor’s expense.
3. Contractor shall be responsible for locating and protecting manhole, water valve, utility access frames and covers or other metal appurtenances buried below the existing pavement surface, whether shown on the plans or not. The Contractor shall field delineate existing utility facilities with spray paint and also submit a drawn inventory to the City prior to scheduling grinding operations.
4. Residue from grinding shall not be permitted to flow or travel in to gutters, onto adjacent street surfaces or parkways. All residue shall be completely removed by sweeping and properly disposed. Sweeping is to take place immediately after the grinding has been completed and as directed by the Engineer. A vacuum sweeper is to be used for the residue sweeping. No washing of any residue into gutters and/or drainage structure shall be allowed.
5. The Contractor shall be responsible for recycling and for obtaining a suitable disposal site for the material not suited for recyclin g, and pursuant to 401, “Removal,” of the Standard Specifications, shall, upon request, file with the Engineer the written consent of the owner of the property upon which he intends to dispose of such material.
6. During temporary conditions, cold mix AC shal l be placed and maintained at the interface between milled and non-milled areas to eliminate the hazard caused by sudden elevation differences, especially in pedestrian path of travel areas
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adjacent to wheelchair curb ramps. Prior to AC paving, cold mix us ed for temporary conditions, shall be removed.
7. Pavement transitions after cold milling, both transverse and longitudinal, shall be per Section 302 -5.7, “Joints,” of the Standard Specifications. The temporary pavement shall be absorbed into the unit costs f or cold milling and no additional compensation shall be allowed. All pavement transitions and temporary striping/markings shall be in place prior to the opening of a lane for traffic. Any pavement grade differential between adjacent lanes that, with City’s approval, will remain overnight shall be indicated with the appropriate warning signage.
8. The Contractor is to notify the City at least two (2) working days prior to and immediately after the cold milling operations so that observations and measurements ma y be made of areas before the placement of permanent asphalt.
404-12 PAYMENT
ADD the following:
1. No extra payment will be made for milling or disposing of geotextile, geogrid, or pavement fabric.
2. Areas adjacent to proposed curb and gutter, where there is a full depth AC patch, will not be measured nor included for payment with AC Grind.
3. Measurement for payment shall be as delineated in the plans. Disagreement regarding pay item location shall be resolved with the Engineer prior to grinding work. Any re -measuring or resurveying required as a result of disagreement will be at Contractor's expense.
4. Areas of grind shall not be double counted under multiple pay items, but will only be paid for once, under their respective pay item, for a given location and no additional compensation shall be allowed.
5. Grinding, for the removal of temporary pavement and transitions, shall not be paid for separately, but shall be included various items of work.
6. The contract unit price paid for Colding Milling, also known as AC Grind, shall be considered as full compensation for performing cold milling and AC grinding, including removal and legal disposal of grindings, and no additional compensation shall be allowed therefor.
END OF SECTION
01 11 00 SUMMARY OF WORK Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
SECTION 2
01 11 00 SUMMARY OF WORK
PART 1 GENERAL
1.01 Work Covered by Contract Documents.
a. The Contractor shall perform Work and furnish materials, labor, tools, equipment or services that may be reasonably inferred as being required to produce the intended result, whether specifically called for in the Contract Documents, at no additional cost to the Agency.
b. Visible, existing improvements for which no specific disposition is made on the Plans, but which interfere with the Work, shall be removed, and disposed of by the Contractor with the prior approval of the Engineer.
c. The completed Work will provide the Agency with speed cushions and associated signage and striping on Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive, as more fully described in the Drawings and the technical specifications.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
01 11 20 MEASUREMENT AND PAYMENT Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
01 11 20 MEASUREMENT AND PAYMENT
PART 1 GENERAL
1.01 Scope.
a. The Contract Price shall cover all Work required by the Contract Documents. All costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum Bid prices. All Work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection the Work shall be included in the Bid prices.
b. All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and are to be used only (a) as a basis for estimating the probable cost of the Work and (b) for the purpose of comparing the Bids submitted for the Work.
The actual amounts of Work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for Work and materials will be the actual amount of Work done and materials furnished.
Contractor agrees that it will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of Work actually performed and materials actually furnished and the estimated amounts therefor. c. Payment for each Bid Item shall be made in accordance with Sections 7 -2 and 7-3 of the Agency Supplemental General Provisions and the Bid. All Work shown or described in the Contract Documents and necessary for the functioning of installed equipment or constructed facilities and the repair or replacement of damaged existing improvements in accordance with the Contract Documents shall be considered as included in the Bid Items.
1.02 Bid Items.
1. Mobilization & Demobilization - Payment for mobilization & demobilization and preparatory Work will be made at the contract Lump Sum price paid for Mobilization & Demobilization, and includes full compensation for furnishing all insurance, bonds, licenses, permits, labor, materials, utilities, tools, equipment and incidentals, and for doing all the Work involved in mobilization and preparatory Work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct Work on and off the Project Site and other offsite facilities necessary for Work on the Project; for all other facilities, sureties, Work and operations which must be performed or costs incurred prior to beginning Work o n various Contract items on or off the Project Site, applying for and obtaining all required permits, cleanup to the satisfaction of the Engineer, and for all other work and operations which must be performed or costs incurred prior to beginning work on th e various contract items, including all related administration throughout its duration, and demobilization, excepting those specifically paid for under separate sections of
01 11 20 MEASUREMENT AND PAYMENT Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
these Specifications. The Contractor agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization & Demobilization and Preparatory Work. The total price bid for Mobilization & Demobilization shall include the cost of all mobilization and administration for the entire CONTRACT period. No separate payments shall be made for re -mobilization due to project phasing.
2. Traffic Control Plan and Traffic Control Implementation - Payment for Traffic Control Plan and Traffic Control Implementation will be made at the contract Lump Sum price paid for full compensation for all work involved in the developing and implementing the traffic control plans, construction staging and furnishing project traffic control, including furnishing, installation, maintaining and removal of temporary barricades, temporary striping, temporary pavement markers, construction signs, warning signs, portable changeable message signs, or any device for the temporary control of traffic or safety of the workers, including flagmen (i.e. all traffic control as required by City’s Traffic Engineer), tools, equipment, incidentals, providing notices, temporary conflicting traffic stripe application and grinded removal, trench steel plate cover installation and removal, and any other safety measures used for the control of traffic, any temporary rerouting of traffic or maintenance of access to properties, during the Project construction period will considered included in the contract Lump Sum price for Traffic Control, in accordance with the plans, contract documents, and as described in conformance with Section 206, 214, 314, 315, & 404, and no additional compensation will be allowed.
3. Asphalt Concrete (AC) Speed Cushion - Payment for AC Speed Cushion shall be per contract unit price per Ton, in accordance with the plans, contract documents, and as described in conformance with Section 203-6 & 302-5 and paving variable depth of the asphalt concrete speed cushions. The above contract price and payment shall include full compensation for furnishing all labor, materials, tools, equipment, sweeping, hauling, disposal costs, cleaning, transportation, compaction, and incidentals, and for doing all the work involved, complete as detailed.
4. Cold Milling - Payment for cold milling shall be per contract unit price per Square Foot, in accordance with the plans, contract documents, and as described in conformance with Section 404 . No separate measurement and payment shall be made for disposal of grindings, asphalt tack coat, tapers, or pavement joints. The above contract price and payment shall include full compensation for furnishing all labor, materials, tools, equipment, sweeping, hauling, disposal costs, cleaning, transportation, compaction, a nd incidentals, and for doing all the work involved, complete as detailed.
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5. Signing and Striping - Payment for Signing and Striping shall be made at the contract price per Lump Sum , in accordance with the plans, contract documents, and as described in conformance with Section 206, 214, 314, & 315, and shall include full compensation for furnishing all materials, labor, tools, equipment, including traffic striping, curb and pavement markings, pavement markers, roadside signs including reflective signs, posts, and removals will be included in Signing and Striping at the contract Lump Sum price and shall be considered full compensation for installation of pavement striping and symbols, including removals of existing pavement markings, markers, and signage; inst alling pavement markings, red curb parking restriction markings, reflective beading, reflective pavement markers; signage, hardware, mounting fasteners, foundations, posts; excavation, backfill, compaction, sidewalk repair; and for furnishing all labor, ma terials, tools, equipment, cleaning, and incidentals, and for doing all the work involved, complete as detailed, and no additional compensation will be allowed therefor.
1.03 Submittals.
a. Informational Submittals:
1. Schedule of Values: Submit on Agency’s form.
2. Schedule of Estimated Progress Payments:
i. Submit with initially acceptable Schedule of Values. ii. Submit adjustments thereto with Application for Payment.
3. Application for Payment.
4. Final Application for Payment.
1.04 Cash Allowances.
a. Consult with Construction Manager in selection of products or services. Obtain proposals from Suppliers and installers and offer recommendations. b. Cash allowances will be administered in accordance with General Conditions. c. Submit, with application for payment, invoice showing date of purchase, from whom the purchase was made, the date of delivery of the product or service, and the price, including delivery to the Site and applicable taxes.
1.05 Schedule of Values (SOV).
a. The Contractor shall prepare a separate SOV for each schedule of the Work under the Contract.
b. Upon request of the Construction Manager, the Contractor shall provide documentation to support the accuracy of the SOV.
c. The Contractor shall prepare and submit to the Engineer for review a SOV within the time specified in the Contract Documents.
d. When requested by the Engineer, the SOV shall divide each lump sum Bid item into its respective activities as listed in the Construction Schedule, and the sum of the costs apportioned to the activities comprising the Bid item shall equal the Bid item price. The Contractor shall add additional detail to the SOV when, in the opinion of the Engineer, such detail is necessary to represent the basis for payment. The Contractor shal l submit
01 11 20 MEASUREMENT AND PAYMENT Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
to the Engineer a corrected Schedule of Values within 10 Calendar Days of the Engineer’s request.
e. The Contractor shall make adjustments to the approved SOV to account for Change Orders or Extra Work. The SOV entries for adjustments so made shall be approved by the Engineer.
f. The Contractor shall submit a revised SOV with each payment request. g. Payment for the preparation of or revisions to the SOV shall be included in the Contract Price and no additional payment will be made therefor.
h. Unit Price Wor k: Must reflect unit price quantity and price breakdown from conformed Bid Form.
i. Lump Sum Work:
1. Must reflect specified cash and contingency allowances and alternates, as applicable.
2. List bonds and insurance premiums, mobilization, demobilization, prelimina ry and detailed progress schedule preparation, equipment testing, facility startup, and Contract closeout separately.
i. Mobilization includes, at minimum, items identified in Section 01 50 00, Temporary Facilities and Controls.
ii. Include item(s) for monthly progress schedule update and maintenance of Construction Manager’s trailer.
3. Break down by Division 02 through 49 with appropriate subdivision of each specification for each Project facility.
j. An unbalanced or front-end loaded schedule will not be acceptable. k. Summation of the complete SOV representing all the Work shall equal the Contract Price. l. The Contractor shall submit SOV electronically in a spreadsheet format compatible with latest version of MS Excel.
1.06 Schedule of Estimated Progress Payments.
a. Show estimated payment requests throughout Contract Times aggregating initial Contract Price.
b. Base estimated progress payments on initially acceptable progress schedule. Adjust to reflect subsequent adjustments in progress schedule and Contract Price as reflected by modifications to the Contract Documents.
1.07 Application for Payment.
a. Transmittal Summary Form: Attach 1 Summary Form with each detailed Application for Payment for each schedule and include Request for Payment of Materials and Equipment on Hand as applicable. Execute certification by authorized officer of Contractor. b. Use detailed Application for Payment Form provided by Construction Manager. c. Provide separate form for each schedule as applicable. d. Include accepted Schedule of Values for each schedule or portion of lump sum Work and the unit price breakdown for the Work to be paid on a unit priced basis. e. Include separate line item for each Change Order and Work Change Directive executed prior to date of submission. Provide further breakdown of such as requested by Construction Manager.
01 11 20 MEASUREMENT AND PAYMENT Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
f. Preparation:
1. Round values to nearest dollar.
2. Submit Application for Payment, including a Transmittal Summary Form and detailed Application for Payment Form(s) for each schedule as applicable, a listing of materials on hand for each schedule as applicable, and such supporting data as may be requested by Construction Manager.
1.08 Payment.
a. Transmittal Summary Form: Attach 1 Summary Form with each detailed Application for Payment for each schedule and include Request for Payment of Materials and Equipment on Hand as applicable. Execute certification by authorized officer of Contractor. b. Each month, the Engineer will make an approximate measurement of the Work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on Contract Unit Prices, completed Change Order Work.
Progress payments shall be made no later than 30 Calendar Days after the closure date.
Five Working Days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information.
Should the Contractor assert that additional payment is due, the Contractor shall within 10 Calendar Days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than 7 Calendar Days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. Consistent with Public Contract Code Section 20104.50, the Agency shall make payments within 30 Calendar Days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within 30 Calendar Days after receipt by the Engineer, then the Agency shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Code of Civil Procedure Code Section 685.010.
c. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid item and Change Order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate.
d. The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the
01 11 20 MEASUREMENT AND PAYMENT Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023