2024-01-09; City Council; 03; Approval of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for the Schulman Auditorium Audio-Visual Update Project — Carlsbad City Council, January 9, 2024 (part 2 of 3)

SECTION 1
00 11 10 NOTICE INVITING BIDS

1. RECEIPT OF BIDS.

The City of Carlsbad (“Agency”) will accept Bids vi a electronic format via the City of Carlsbad Electronic Bidding Site up to and no later than 11 a.m. (PST), on February 8, 2024 through the online bidding portal ( Contracting & Purchasing | Carlsbad, CA (carlsbadca .gov) ) for the construction of the Work entitled:

RUBY G. SCHULMAN AUDITORIUM AUDIOVISUAL UPDATE
CONTRACT NO. PWS24-2264FAC
Project No. 4753

2. DESCRIPTION OF WORK.

The Work includes the provision of all equipment, l abor, materials, tools, services, transportation, permits, utilities, and all other i tems necessary to complete the construction of the following, as specified and shown in the Constr uction Documents: The Ruby G. Schulman Auditorium is located at the Carlsbad City Library, 1775 Dove Lane in Carlsbad, CA 92011. The City desires to upgrade the audiovisual and lighti ng systems as detailed in the contract documents.

3. COMPLETION OF WORK.

The city anticipates awarding this project in April 2024 but waiting until the summer of 2024 to perform the work on site, thereby allowing some tim e for material submittals/approvals and procurement. With this plan, the Contract Time has been established as 150 working days to allow 70-80 working days for material submittals/approvals and procurement (April to June) and 60-70 days for work on site (June to September). Th e Contract Time shall begin as specified in the Notice to Proceed.

The Engineers’ estimate for this Project is $1,328,000.

4. OPENING AND AWARD OF BIDS.

Agency shall consider awarding the Contract for the Project to the lowest responsive, and responsible Bidder as determined by the Agency from the base Bid alone. The Agency has the right to reject any or all Bids or to waive any irr egularities or informalities in any Bids or in the Bidding process.

5. PERIOD FOR AWARD.

A period of ninety (90) Calendar Days from the time of Bid opening may be required to award the Contract. No Bidder may withdraw its Bid or Bid Gua rantee during this period. Bidders shall assume full responsibility for their Bid Price duri ng this period and shall make certain that such delay does not restrict the Bid Guarantee.

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6. BIDDER QUALIFICATIONS.

Bidders shall be licensed contractors pursuant to Business and Professions Code Sections 7000 et seq. under the classification of Class B, General Build ing Contractor, as of the date of submittal of the Bid Documents and shall maintain such licens e until final acceptance of the Work.

Additional qualifications are included in the Contract Documents.

7. PRE-BID CONFERENCE.

The Agency will conduct a Mandatory Pre-Bid Confere nce at the Agency’s office (address listed below) on January 23, 2024, at 11 a.m. (PST). Bidders will have the opportunity to walk the project area.

Address: 1775 Dove Lane in Carlsbad, CA 92011
Representatives of the Agency and consulting engine ers and architects, if any, will be present.

Relevant questions asked by Bidders at the Pre-Bid Conference about matters not specifically addressed within the Contract Documents shall be su bmitted in writing through the bidding portal. Such questions will be answered in writing and sent to all Bidders present at the Pre-Bid Conference and will be posted on the online bidding portal. Bids will not be accepted from any bidder who did not attend the Mandatory Pre-Bid Conference.

8. OBTAINING CONTRACT DOCUMENTS.

Bidders may obtain a copy of the Contract Documents from Agency’s website ( Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) ). To the extent required by Public Contract Code Section 20103.7, upon request from a contractor plan room service, the Agency shall provide an electronic copy of the Contract Documents at no cha rge to the contractor plan room. It is the responsibility of each prospective Bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a Bid. All Addenda will be posted on the online bidding portal. It is the responsibility of each prospective Bidder to check the online bidding portal on a daily basis through the close of the bidding period for any applicable Addenda.

The Agency does not assume any liability or respons ibility for any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the Bid Documents.

Information on the online bidding portal may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by the online bidding portal. No time extensions or other consideration w ill be given for non-receipt or other circumstance associated with the review or acquisit ion of Contract Documents. Bids must be submitted on the Agency’s Bid Forms in the Contract Documents.

9. BID GUARANTEE AND BONDS.

Each Bid shall be accompanied by cash, a certified or cashier’s check or Bid Bond secured from a surety company satisfactory to the Agency, the amou nt of which shall not be less than 10% of the submitted Total Bid Price, made payable to the Agency as bid security. The bid security shall be provided as a guarantee that within 10 Working Days after the Agency provides the successful bidder the Notice of Award, the successful Bidder w ill enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the

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successful Bidder fails to comply within these 10 Working Days. No interest will be paid on funds deposited with the Agency.

All Bidders must upload Bidder’s Bond to the online bidding portal. The original Bid Bond for the 3 apparent low Bidders must be submitted to the city within 2 Business Days of Bid opening.

The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Bond each in an amount equal to 100% of th e Contract Price. Each bond shall be in the forms set forth in the Contract Documents, shall be secured from a surety company that meets all State of California bonding requirements, as de fined in Code of Civil Procedure Section 995.120, and that is a California admitted surety i nsurer. Pursuant to Public Contract Code Section 22300, the successful Bidder may substitute certain securities for funds withheld by Agency to ensure its performance under the Contract.

10. PREVAILING WAGE RATES AND LABOR COMPLIANCE.

This Project is subject to prevailing wages and labor compliance per the Labor Code. To this end, Bidder shall sign and submit with its Bid the Calif ornia Department of Industrial Relations (DIR) Public Works Contractor Registration Certification on the form 00 45 00 provided. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed Subcontractor i n the space provided in the Proposed Subcontractors form. In bidding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor co mpliance requirements under this Contract and applicable law in its Bid. A copy of the prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/ .

11. PROJECT ADMINISTRATION/QUESTIONS.

Requests for Information (RFI) or interpretations of Bid Documents during the bid period shall be submitted via Online Q&A in the online bidding portal.

The cutoff date and time to submit questions or sub stitution request regarding this Project via Online Q&A in the online bidding portal is January 30, 2024, at 5 p.m. (PST) . No questions will be entertained after that date.

For further information, see the online bidding portal.

END OF SECTION

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00 21 10 INSTRUCTIONS TO BIDDERS

1. SECURING CONTRACT DOCUMENTS.

Bids must be submitted to the Agency on the Bid For ms which are a part of the Contract Documents for the Project. The Contract Documents m ay be obtained from the Agency’s online bidding portal ( Contracting & Purchasing | Carlsbad, CA (carlsbadca .gov) ). Prospective bidders are encouraged to communicate with the Agency well in advance of the date and time bids are due to the Agency (“Bid Submission Deadline”) to de termine the availability of Contract Documents.

The Agency may also make the Contract Documents ava ilable for review at one or more plan rooms. Prospective Bidders who choose to review the Contract Documents at a plan room must contact the Agency to obtain the required Contract Documents if they decide to submit a Bid for the Project.

Addenda will be posted on the online bidding portal . Failure to acknowledge all Addenda may make a Bid nonresponsive and ineligible for award o f the Contract. Bidders are advised to verify the issuance of all Addenda and receipt of them 1 W orking Day prior to bidding. Failure to acknowledge all Addenda may make a Bid nonresponsive and ineligible for award of the Contract.

2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS.

At its own expense and before submitting its Bid, each Bidder shall visit the Site of the proposed Work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the Work, i ncluding but not limited to, difficulties and restrictions attending the execution of the Work un der the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specificat ions, Contract Documents, and all other referenced documents. Each Bidder shall also determ ine the local conditions which may in any way affect the performance of the Work, including l ocal tax structure, contractors’ licensing requirements, availability of required insurance, t he prevailing wages and other relevant cost factors. Each Bidder shall also familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the Work, including the cost of permits and licenses required for the Work, and shall make such surveys and investigations, including investigations of subsurface or latent physical con ditions at the Site or where Work is to be performed as may be required. Bidders are responsib le for consulting the standards referenced in the Contract. The failure or omission of any Bid der to receive or examine any contract documents, forms, instruments, addenda, or other do cuments, or to visit the Site and acquaint itself with conditions there existing shall in no w ay relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under California law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Section.

3. INTERPRETATION OF DRAWINGS AND DOCUMENTS.

During the bidding period, prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other parts of the Cont ract Documents, or discrepancies in or

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omissions from the Drawings and Specifications, may promptly submit a written request for information, interpretation, clarification, or corr ection (“RFI”) to the Bid Administrator (defined below). The Agency may not respond to RFIs submitte d past the Q&A Submission Deadline. The Bidder submitting the RFI is responsible for prompt delivery to the Bid Administrator.

Responses to RFIs will be made only by duly issued written Addenda. The Agency shall not provide verbal responses to RFIs. Copies of written Addenda will be posted on the online bidding portal for each prospective Bidder who has downloaded a se t of Contract Documents. The Agency will not be responsible for any other explanation or interpretations of the Drawings, Specifications or other parts of the Contract Documents. If any Prosp ective Bidder becomes aware of any errors or omissions in any part of the Contract Documents, the Prospective Bidder must promptly notify the Agency of such error or omission.

Before award of the Contract, no addition to, modif ication of, or interpretation of any provision in the Contract Documents will be given by any agen t, employee or contractor of the Agency except as otherwise specified in these Instructions to Bidders. No bidder may rely on verbal directions given by any agent, employee or contractor of the Agency except as specified in these Instructions to Bidders.

4. QUESTIONS.

Questions regarding this Project must be submitted through the online bidding portal. Questions shall be definite and certain, and shall reference applicable drawing sheets, notes, details or specification sections. The deadline to submit ques tions is identified in the Notice Inviting Bids.

Questions received after the deadline may not be an swered. Responses to questions submitted during the bidding period will be published in an A ddendum and provided to those bidding on the Project no later than the date specified in the Notice Inviting Bids.

Except for the Agency’s Bid Administrator, no other members of the Agency’s staff or Board should be contacted about this procurement during t he bidding process. All inquiries and comments from Prospective Bidders regarding a proposed Bid must be communicated in writing, unless otherwise instructed by the Agency. The Agency may, in its sole discretion, disqualify any Prospective Bidder who engages in any prohibited communications.

5. PRE-BID CONFERENCE.

The Notice Inviting Bids shall state whether a Pre-Bid Conference will be held and, if so, whether attendance is mandatory. Bids will not be accepted from any bidder who did not attend a Mandatory Pre-Bid Conference. The Conference will c ommence at the specified start time and the Site visit will begin at the conclusion of the Conference. Prospective Bidders who arrive late (ten or more minutes after the Conference has start ed) or who do not sign the “Sign-In” sheet, may be disqualified from the bidding process.

Representatives of the Agency and its consultants, if any, will be present to the extent possible.

Relevant questions asked by Bidders at the Pre-Bid Conference about matters not specifically addressed within the Contract Documents shall be su bmitted in writing through the bidding

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portal and be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference.

6. ADDENDA.

The Agency may revise the Contract Documents before the Bid Submission Deadline. Revisions, if any, shall be made by written Addenda. All Addenda will be posted on the online bidding portal.

All Addenda issued by the Agency shall be acknowled ged by the Bidder on the online bidding portal and made part of the Contract Documents. The Bidder shall acknowledge the Addenda before submitting its Bid. Bidders are responsible for the receipt of all Addenda. The Agency may reject a Bid if the Bidder fails to acknowledge all Addenda.

Pursuant to Public Contract Code Section 4104.5, if the Agency issues an Addendum which includes material changes to the Project less than 72 hours before the Bid Submission Deadline, the Agency will extend the Bid Submission Deadline by no less than 72 hours. The Agency may determine, in its sole discretion, whether an Adden dum warrants postponement of the Bid Submission Deadline.

7. ALTERNATE BIDS.

If alternate Bid items are called for in the Notice Inviting Bids and the Contract Documents, the time required for completion of the Work for the alternate Bid items is factored into the Contract duration and no additional Contract time will be aw arded. The Agency may elect to include one or more of the alternate Bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each Bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder.

If the Agency utilizes alternate Bid items as described above, the Notice Inviting Bids will prescribe predetermined criteria for the Bid package selectio n or a selection process in which price information and Bidder identities are not revealed to the Agency before the Bid Submission Deadline.

8. COMPLETION OF BID FORMS.

Bids shall only be prepared using the Bid Forms whi ch are included in the Contract Documents.

The use of substitute Bid Forms other than legible and correct photocopies of those provided by the Agency are prohibited. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the pr inted matter on the Bid Forms nor make substitutions thereon. Use of black or blue ink, in delible pencil, or a typewriter is required.

Deviations from these instructions may result in the Bid being deemed non-responsive.

The following documents must be completed and prope rly executed including notarization, where indicated, and submitted as a part of the complete Bid Package:

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1. Bid Form (00 41 00)

2. Bid Bond (00 43 10) or Bid Security (00 43 20) with check/cash

3. Proposed Subcontractors Form (00 43 30)

4. Bidder Information and Experience Form (00 43 40)

5. Non-Collusion Affidavit (00 45 10)

6. Iran Contracting Act Certification (00 45 15)

7. Public Works Contractor Registration Certification (00 45 20)

8. Certificate of Insurance (00 45 25)

9. Statement Regarding Debarment (00 45 30)

10. Disclosure of Discipline Record (00 45 35)

11. Acknowledgement of ALL Addenda on the online bidding portal

12. Optional Escrow Agreement, as applicable (00 61 30)

When paper copies are submitted, all prices must be written in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.

9. GOVERNING GENERAL PROVISIONS.

The Specifications contained in the Agency Suppleme ntal General Provisions (00 73 00) take precedence over the specification language containe d in the Standard Specifications for Public Works Construction, “the Greenbook” latest edition and all errata. The Supplemental General Provisions address the unique conditions in the Cit y of Carlsbad that are not addressed in the Greenbook. Therefore, if there is a conflict betwee n the two, the Supplemental Provisions shall control over the Greenbook.

The Greenbook may be purchased at Bidder’s/Contract or’s local technical bookstore, online or directly from the publisher. The Supplemental Provi sions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies.

10. MODIFICATIONS OF BIDS.

Each Bidder shall submit its Bid in strict conformi ty with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions, or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic, and electronic modifications will not be considered.

11. BID GUARANTEE.

Each Bid shall be accompanied by: (a) a cashier’s check; or (b), a certified check made payable to Agency; or (c), a Bid Bond secured from a surety company satisfactory to the Board, the amount of which shall not be less than 10% of the total bid price, made payable to Agency as bid security.

Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be a California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120.

The bid security shall be provided as a guarantee t hat within 10 Working Days after the Agency provides the successful Bidder the Notice of Award, the successful Bidder will enter into a

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contract and provide the necessary bonds and certif icates of insurance. The bid security may be declared forfeited if the successful Bidder fails to enter into a contract and provide the necessary bonds and certificates of insurance. Any Bid receiv ed that does not comply with these Bid Guarantee instructions may be rejected as non-responsive, and Agency may enter into a contract with the next lowest, responsive, responsible Bidde r, or may call for new Bids. No interest shall be paid on funds deposited with the Agency. Copies of Bid Bonds submitted to the Agency shall have the same force and effect as the original.

The Bidder’s security of the second and third next lowest responsive Bidders may be withheld until the Contract has been fully executed. The sec urity submitted by all other unsuccessful Bidders shall be returned to them, or deemed void, within 10 Working Days after the Contract is awarded

The proceeds of the Bidder’s security may also beco me property of the Agency if the Bidder withdraws its Bid within 15 Calendar Days after the Bid opening date, unless otherwise required by law, including Public Contract Code Section 5100 et. seq. , and notwithstanding the award of the Contract to another Bidder.

The Bidder shall submit Bid Bond (00 43 10) or Bid Security (00 43 20) with properly certified check with the Bid Package.

12. LABOR & MATERIAL BOND AND PERFORMANCE & WARRANTY BOND REQUIREMENTS.

The successful Bidder shall furnish Agency with a L abor and Material Payment Bond and a Performance and Warranty Bond, each in an amount eq ual to 100% of the Contract price. Each bond shall be secured from a surety company that me ets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120 and is admitted by the State of California, and whose assets exceed their liabil ities in an amount equal to or in excess of the amount of the bond. The Agency shall not accept per sonal sureties and unregistered surety companies. Each bond shall be accompanied, upon the request of Agency, with all documents required by Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to Agency within 10 Working Days from the date the Agency provides the successful Bidder with the Notice of Award.

These bonds shall be kept in full force and effect during the course of this Project and shall extend in full force and effect and be retained by the Age ncy until they are released as stated in the Contract. The Bonds are to be accompanied by an ori ginal, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.

13. SUBSTITUTION OF SECURITY.

The Contract Documents call for monthly progress pa yments based upon the percentage of the Work completed. The Agency will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Agency will

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substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

14. OPTIONAL ESCROW FOR SECURITY DEPOSIT.

Pursuant to applicable provisions of law (i.e., Pub lic Contract Code Section 10263), appropriate securities may be substituted for any obligation required by these instructions or for any monies withheld by the Agency to ensure performance under the Contract. Public Contract Code Section 10263 requires monies or securities to be deposited with the Agency or a state or federally chartered bank in California as the escrow agent. T he escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract.

15. INSURANCE REQUIREMENTS.

Before commencing the Work, the successful Bidder s hall purchase and maintain insurance as set forth in the Agency General Conditions. If the Bid is accepted, and if requested by the Agency, Contractor shall provide Agency or preferred vendor copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Insurance Code Section 900 et seq. within 10 Calendar Days of the insurer’s receipt o f a request to submit the statements.

In accordance with the provisions of Labor Code Sec tion 3700, Contractor shall secure the payment of compensation to its employees. Contracto r shall sign and file with the Agency the following certificate before performing the Work under the Contract:

I am aware of the provisions of Labor Code Section 3700, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performa nce of the work of the Contract.

The form of such, Certificate of Insurance (00 45 2 5), shall be submitted as a part of the Bid Package.

Insurance must be placed with insurers that:
1) Have a rating in the most recent Best’s Key Rating Guide of at least A-:VII, or 2) Appear on the List of Approved Surplus Line Insurers, (“LASLI”) with a Best’s Key Rating Guide of at least A: X.
3) Are admitted to conduct the business of insurance i n the State of California by the Insurance Commissioner.
4) Otherwise comply with all other aspects of City Council Policy No. 70.

Auto policies offered to meet the specification of this Contract must:

1. Meet the conditions stated above for all insurance companies.

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2. 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.

Workers’ compensation insurance required under this Contract must be offered by a company meeting the above standards with the exception that the Best’s rating condition may be waived.

The Agency does accept policies issued by the State Compensation Fund meeting the requirement for workers’ compensation insurance.

The Contractor shall be required to maintain insura nce as specified in the Contract. Any additional cost of the insurance shall be included in the Bid price.

The award of the Contract by the Board is contingen t upon the Contractor submitting the required bonds and insurance, as described in the Contract Documents, within 10 Working Days of bid opening. If the Contractor fails to comply with these requirements, the Agency may award the Contract to the second or third lowest Bidder a nd the bid security of the lowest Bidder may be forfeited.

16. LICENSING REQUIREMENTS.

Pursuant to Business and Professions Code Section 7 028.15 and Public Contract Code Section 3300, all Bidders must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the Agency shall c onsider any Bid submitted by a contractor not currently licensed in accordance with California law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the Agency shall reject the Bid. The Agency shall have the right to request, and Bidders shall provide within 10 Calendar Days, evidence satisfactory to the Agency of all valid license(s) currently held by that Bidder and each of the Bidder’s Subcontractors, before awarding the Contract.

Notwithstanding anything contained in this Contract , if the Work involves federal funds, the Contractor shall be properly licensed by the time t he Contract is awarded, pursuant to the provisions of Public Contract Code Section 20103.5.

17. SUBCONTRACTORS.

Bidder shall set forth the name, address of the place of business, and contractor license number of each Subcontractor who will perform work, labor, furnish materials or render services to the bidder on the Contract. This requirement includes e ach Subcontractor licensed by the State of California who, under subcontract to Bidder, specia lly fabricates and installs a portion of the Work described in the Drawings and Specifications i n an amount in excess of one-half of one percent (0.5%) of the total Bid price. Additionally , the Bidder shall indicate the portion of the Work to be done by each Subcontractor in accordance with Public Contract Code Section 4104.

Bidder shall submit Proposed Subcontractors Form (00 43 30) with the Bid Package.

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This form will be used by the Agency to determine t he percentage of work that the Bidder proposes to perform. Bidders are cautioned that fai lure to provide complete and correct information may result in rejection of the Bid as n on-responsive. Any Bid that proposes performance of more than 80 percent of the Work by Subcontractors or performance by forces other than the Bidder’s own organization will be re jected as non-responsive. Specialty items of work that may be so designated on the Proposed Subc ontractors Form (00 43 30) “Contractor’s Bid” will not be included in computing the percentage of work proposed to be performed by the Bidder.

Suppliers of materials from sources outside the limits of Work are not Subcontractors. The value of materials and transport of materials from sources outside the limits of Work, as shown on the plans, shall be assigned to the Contractor or the S ubcontractor, as the case may be, that the Bidder proposes as installer of the materials. The value of material incorporated in any Subcontractor-installed Bid item that is supplied b y the Bidder shall be included as a part of the Work that the Bidder proposes to be performed by the Subcontractor installing the item.

When the Bidder proposes to use a Subcontractor to construct or install less than 100 percent of a Bid item, the Bidder shall attach an explanation sheet to the Proposed Subcontractor Form (00 43 30). The explanation sheet shall clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than twenty percent (20%) of the Work with its own forces.

Determination of the subcontract amounts for purpos es of award of the Contract shall be determined by the Board in conformance with the pro visions of the Contract Documents. The decision of the Board shall be final.

Contractor is prohibited from performing any Work o n this Project with a Subcontractor who is ineligible to perform work on a public works projec t pursuant to Labor Code Section 1771.1 or 1777.7.

Bidders shall make copies of the disclosure forms a s may be necessary to provide the required information to Subcontractors. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.

18. BIDDER INFORMATION AND EXPERIENCE FORM.

Each Bidder shall complete the provided questionnaire and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the Bid to be rejected as non-respons ive. The Agency may reject any Bid if an investigation of the information submitted does not satisfy the Agency that the Bidder is qualified to properly carry out the terms of the Contract.

The Bidder shall submit Bidder Information and Experience Form (00 43 40) with the Bid Package.

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19. NON-COLLUSION AFFIDAVIT.

Bidders on all public works contracts are required to submit an affidavit of non-collusion with their Bid. This form (00 45 10 Non-Collusion Affidavit) is included with the Bid Package and must be signed and dated under penalty of perjury.

20. IRAN CONTRACTING ACT OF 2010.

In accordance with Public Contract Code Section 220 0 et seq ., the Agency requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the Agency with respect to goods or services o f $1,000,000 or more, certify at the time the bid is submitted or the contract is renewed, that t he person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivis ion (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the Bid Package and must be signed and dated under penalty of perjury.

21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION.

Pursuant to Labor Code Section 1773, the Agency has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Diego County from the Director of the Department of Industrial R elations for each craft, classification, or type of worker needed to execute this Contract. A copy o f these prevailing wage rates may be obtained via the internet at www.dir.ca.gov/dlsr/ .

In addition, a copy of the prevailing rate of per d iem wages is available at the Agency and shall be made available to interested parties upon reques t. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shal l be mandatory upon the Bidder to whom the Contract is awarded, and upon any Subcontractors, t o comply with all Labor Code provisions, which include but are not limited to the payment of not less than the specified prevailing wage rates to all workers employed by them in the execut ion of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid, or enter into a cont ract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontr actors’ current registration with the Department of Industrial Relations to perform publi c work. If awarded the Contract, the Bidder and its Subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project is subject to compliance monitoring an d enforcement by the Department of Industrial Relations. In bidding on this Project, i t shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under the Contract and applicable law in its Bid.

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To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained in the registration certificate.

Failure to submit this certificate may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed Sub contractor in the space provided in the Proposed Subcontractors Form (00 43 30).

22. PREVAILING WAGES.

Pursuant to Labor Code Sections 1720, et. seq. and 1770, et. seq. , Contractor shall pay prevailing wages for all Work performed under the Contract. The Agency has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which the Work will be performed for ea ch craft or type of worker needed to execute the Contract. These rates are available at the Agen cy or may be obtained online at http://www.dir.ca.gov . Bidders are advised that a copy of these rates mu st be posted by the successful Bidder at the job site(s).

23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS.

In accordance with the provisions of the Labor Code , contractors or subcontractors may not perform work on a public works project with a subco ntractor who is ineligible to perform work on a public project pursuant to Labor Code Section 1777.1 or 1777.7. Any contract on a public works project executed between a contractor and a d ebarred subcontractor is void as a matter of law. A debarred subcontractor may not receive an y public money for performing work as a subcontractor on a public works contract. Any publi c money that is paid to a debarred subcontractor by the Contractor for the Project sha ll be returned to the Agency. The Contractor shall be responsible for the payment of wages to wo rkers of a debarred Subcontractor who has been allowed to work on the Project.

The Agency may disqualify a Contractor or Subcontra ctor from participating in bidding when a Contractor or Subcontractor has been debarred by the Agency or another jurisdiction in the State of California as an irresponsible bidder.

24. SIGNING OF BIDS.

All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of t he person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. Th e Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act fo r and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations that the Bidder a ssumes under the Bid and under any Contract

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arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

25. SUBMISSION OF SEALED BIDS.

Once the Bid and supporting documents have been com pleted and signed as set forth in these Instructions to Bidders, they shall be uploaded, along with other required materials, to the online bidding portal before the deadline for submitting bids.

At the time of Bid submission, whether in the form of a cashier’s check, a properly certified check or an approved corporate surety bond payable to the Agency, Bidders must upload an electronic Portable Document Format (PDF) copy of the Bid Guarantee to the online bidding portal. The first 3 apparent low Bidders must provide the Agency with the original Bid Guarantee within 2 Business Days after the Bid opening date.

Failure to submit the electronic version of the Bid Guarantee at time of bid submission shall cause the bid to be rejected and deemed non-responsive . Failure to provide the original within 2 business days may deem the bidder non-responsive .

Original Bid Bond shall be submitted to:

Public Works Contract Administration
Attention: Janean Hawney, Contract Administrator
1635 Faraday Avenue
Carlsbad, California, 92008

No oral or telephonic Bids will be considered. Purs uant to Public Contract Code Sections 1600 and 1601, Bidders will submit their Bids via electr onic transmission (the online bidding portal).

Bids received after the Bid Submission Deadline will not be accepted. Agency may reject any Bid not strictly complying with Agency’s designated methods for delivery.

26. OPENING OF BIDS.

Bids submitted on the online bidding portal will be reviewed by the Agency. Once the Bid Submission Deadline has passed, Bidders, proposers, the general public, and Agency staff are able to immediately see the results online. Agency shall consider award of the Contract to the lowest, responsive, responsible Bidder as determine d by the Agency consistent with Section 32 below. In case of a discrepancy between the line it em entries submitted in the online bidding portal and the Bid Form, the online bidding portal shall prevail. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Bid Form. Also, the sum of all lump sum line items will govern over the “Total Proposed Lump Sum Price” line item.

The Agency may reject any or all Bids or waive any irregularities or informalities in any Bids or in the Bidding process.

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The Bid and the terms of the Contract Documents con stitute an irrevocable offer that shall remain valid and in full force for a period of 90 C alendar Days from the Bid Submission Deadline and such additional time as may be mutually agreed upon by the Agency and the Bidder.

27. WITHDRAWAL OF BID.

Any Bid may be withdrawn via written letter, incurr ing no penalty, at any time before the scheduled closing time for receipt of Bids. Request s to withdraw Bids shall be worded to not reveal the amount of the original Bid. Withdrawn Bi ds may be resubmitted until the Bid Submission Deadline, provided that resubmitted Bids are in conformance with these Instructions to Bidders.

Bids may be withdrawn after bid opening only by pro viding written notice to Agency within five (5) Working Days of the bid opening and in complian ce with Public Contract Code Section 5100 et seq ., or as otherwise may be allowed with the consent of the Agency.

28. BIDDERS INTERESTED IN MORE THAN ONE BID.

No Bidder shall be allowed to make, file or be inte rested in more than 1 Bid for the same work unless alternate Bids are specifically called for. If the Notice Inviting Bids provides for alternate Bids, a person, firm or corporation that has submit ted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not disq ualified from submitting a sub-proposal or quoting prices to other Bidders. No person, firm, c orporation, or other entity may submit a sub- proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.

29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES.

Contractor and its Subcontractors performing work u nder the Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.

30. PERMIT AND INSPECTION FEE ALLOWANCE.

Section not used.

31. BASIS OF AWARD; BALANCED BID.

The Agency shall award the Contract to the lowest r esponsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the sum of the Schedule A and Schedule B Bid prices. In the event of any discrepancies, writ ten numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Bid Form. Also, the sum of all lump sum line items will govern over the “Total Proposed Lump Sum Price” line item.

The Agency may reject any Bid which, in its opinion when compared to other Bids received or to the Agency’s internal estimates, does not accuratel y reflect the cost to perform the Work. The Agency may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to 1 or more particular Bid items or otherwise violates Public Contract Code Section 9203.

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32. AWARD PROCESS.

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Board may award the Contract. Once notified by Agency staff, the apparent successful Bidder should begin to prepare the following docume nts: (1) the Labor and Materials Bond; (2) the Performance and Warranty Bond; and (3) the requ ired insurance certificates and endorsements. Once the Agency notifies the Bidder of the award, the Bidder will have 10 Working Days from the date of this notification to execute the Contract and supply the Agency with all of the required documents and certifications or the Bi dder may forfeit the Bid security and the Agency may pursue award of the Contract to the next lowest, responsive, responsible Bidder.

Once the Agency receives all properly drafted and e xecuted documents and certifications from the Bidder, the Agency shall issue a Notice to Proceed to that Bidder.

33. EXECUTION OF CONTRACT.

As required in these Instructions to Bidders, the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contra ct Documents. The Agency may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the succe ssful Bidder are included within these Specifications and shall not be detached.

34. BUSINESS LICENSE
The prime Contractor is required to have and mainta in a valid City of Carlsbad Business License for the duration of the Contract.

35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES.

The Agency encourages the participation of minority and women-owned businesses.

36. USE OF RECYCLED MATERIALS
The Agency encourages Bidders, suppliers, manufactu rers, fabricators and contractors to utilize recycled and recyclable materials when available, a ppropriate and approved by the Agency’s Engineer.

37. STATUTORY REFERENCES
All references in these Instructions to Bidders (00 21 10) to any statute, rule or regulation are to the statute, rule or regulation as amended, modifie d, supplemented or replaced from time to time by the corresponding legislative or regulatory body.

END OF SECTION

00 41 00 BID FORM Date Printed: December 7, 2023
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00 41 00 BID FORM
NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update CONTRACT NO.: PWS24-2264FAC

NAME OF BIDDER:

AGENCY: City of Carlsbad
1635 Faraday Ave
Carlsbad, CA 92008

The undersigned declares that we have carefully exa mined the location of the proposed Work, and have read and examined the Contract Documents, including all Plans, Specifications, and Addenda, if any, for the above-mentioned Project. T he undersigned has acknowledged receipt, understanding, and full consideration of ANY and AL L Addenda to the Contract Documents via the online bidding portal.

We propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Draw ings, and these Specifications for TOTAL BID PRICE.

Attached is the required Bid Bond (00 43 10) or Bid Security (00 43 20) in the amount of not less than 10% of the Total Bid Price.
Attached is the completed Proposed Subcontractors form (00 43 30). Attached is the completed Bidder Information and Experience form (00 45 40) Attached is the fully executed Non-collusion Affidavit (00 45 10). Attached is the completed Iran Contracting Act Certification form (00 45 15). Attached is the completed Public Works Contractor Registration Certification form (00 45 20).
Attached is the completed Certificate of Insurance form (00 45 25). Attached is the Statement of Regarding Debarment form (00 45 30) Attached is the Disclosure of Discipline Record (00 45 35) Attached is the Optional Escrow Agreement (if applicable) (00 61 30)

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1. BID SCHEDULE

Schedule “A” per GENERAL AND TECHNICAL SPECIFICATIONS, PROJECT MANUAL AND PLANS Item
No.

Item Description Unit of
Measure
Unit
Price
Total Price
Schulman Auditorium
A-1 Mobilization (See Contract Section 7-3.4) LS N/ A
A-2 General Provisions (including weekly
clean up and debris removal) to be billed
monthly
LS N/A

A-3 Selective demolition LS N/A
A-4 Drywall work and architectural finishes LS N/A
A-5 Plumbing work scope LS N/A
A-6 Painting work scope LS N/A
A-7 Audio Visual work scope (inclusive of
removal and installation work)
LS N/A
A-8 Lighting work scope (inclusive of removal
and installation work)
LS N/A
A-9 Electrical work scope (inclusive of
removal and installation work)
LS N/A
A-10 Mechanical work scope (inclusive of
removal and installation work)
LS N/A
A-11 Commissioning of new systems LS N/A
A-12 Punchlist work scope and completion LS N/A $20,000 A-13 Closeout documents (complete with
warranties and Operations and
Maintenance manuals
LS N/A
$10,000

The costs for any Work shown or required in the Con tract Documents, but not specifically identified above as a line item in the Schedule associated with the area of work, shall be included in the related line items in the above relevant Schedule and no additional compensation shall be due to the Contractor for the performance of the Work required in the Contract Documents.

2. TOTAL BID PRICE

The City shall determine the low bid based on the sum calculated above in Schedule “A".

In case of a discrepancy between the line item entries submitted in the online bidding portal and the Bid Form, the online bidding portal shall prevail.

The TOTAL BID PRICE on Bid Schedule “A “
Total Bid Price in Numbers for Schulman Auditorium: _________________________ Total Bid Price in Words for Schulman Auditorium: ____________________________ ____________________________________________________________________

00 41 00 BID FORM Date Printed: December 7, 2023
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The undersigned agrees that this Bid Form constitut es a firm offer to the Agency which cannot be withdrawn for ninety (90) Calendar Days from and after the Bid opening, or until a Contract for the Work is fully executed by the Agency and th e lowest responsible Bidder, whichever is later.

The Undersigned has carefully checked all the above figures and understands that the Agency will not be responsible for any error or omission on the part of the Undersigned in preparing this Bid.

3. RECITALS
The successful Bidder agrees to sign the Contract and furnish the necessary bonds and certificates of insurance within 10 Working Days after the Agency issues the Notice of Award to the successful Bidder.

The Undersigned agrees that in case of failure to e xecute the required Contract with necessary bonds and insurance policies within this time perio d, the Agency may pursue awarding the Contract to the next lowest responsible Bidder and the Bid Security of the lowest Bidder may be forfeited.

Upon receipt of the signed Contract and other requi red documents, the Agency will proceed to execute the Contract and issue a purchase order and the Notice to Proceed. The time of completion shall commence on the date of the Notice to Proceed, unless otherwise specified.

The undersigned agrees to begin the Work within 10 Working Days of the date of the Notice to Proceed, unless otherwise specified.

The Undersigned is aware of the provisions of Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the Work of this Cont ract and continue to comply until the Contract is complete.

The Undersigned is aware of the provisions of Labor Code Section 1770 et seq. relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.

The Undersigned Bidder declares, under penalty of p erjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California and that this statement is true and correct and has the legal eff ect of an affidavit. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

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If the Bidder is a joint venture, each member of th e joint venture must include the required licensing information.

A Bid submitted to the Agency by a Contractor who i s not licensed as a Contractor pursuant to the Business and Professions Code shall be consider ed nonresponsive and shall be rejected by the Agency. In all contracts where federal funds ar e involved, no Bid submitted shall be invalidated by the failure of the Bidder to be licensed in accordance with California law. However, at the time the Contract is awarded, the Contractor shall be properly licensed.

The Undersigned Bidder represents as follows:

1. That no elected or appointed official, officer, ag ent, or employee of the Agency is personally interested, directly or indirectly, in t his Contract, or the compensation to be paid under it; that no representation, oral or in writing, of the Agency, its officers, agents, or employees has induced Bidder to enter into this Contract, excepting only those contained in this form of Contract and the papers m ade a part of this Contract by its terms; and

2. That this Bid is made without connection with any p erson, firm, or corporation making a Bid for the same Work, and is in all respects fair and without collusion or fraud.

Accompanying this Bid is __________________________ _______ (Cash, Certified Check, Bidder’s Bond or Cashier's Check) for 10% of the am ount Bid, payable to Agency as Bid Security and which is given as a guarantee that the undersigned will enter into a Contract and provide the necessary bonds and certificates of insurance if awarded the Contract.

Organized under the laws of the State of ________________________.

an individual
a partnership
a corporation

(Signatures continued on next page)

00 41 00 BID FORM Date Printed: December 7, 2023
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Page 21 of 139 ends

IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:

I certify under penalty of perjury under the laws o f the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct.

1 Name under which
business is
conducted

______________________________________________________

2 Signature (given and
surname) of
proprietor

Printed/Typed Name

______________________________________________________

3 Place of Business
(Full Address: street,
number, city, state,
zip)

______________________________________________________

4 Telephone Number __________________________________ ____________________

5 Email _____________________________________________ _________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 00 BID FORM Date Printed: December 7, 2023
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IF A PARTNERSHIP, SIGN HERE:

1 Name under which
business is
conducted

______________________________________________________

2 Signature (given and
surname and role)
(Note: Signature
must be made by a
general partner)

Printed/Typed Name

______________________________________________________

3 Place of Business
(Full Address: street,
number, city, state,
zip)

______________________________________________________

4 Telephone Number __________________________________ ____________________

5 Email _____________________________________________ _________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 00 BID FORM Date Printed: December 7, 2023
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IF A CORPORATION, SIGN HERE:

1 Name under which
business is
conducted

______________________________________________________

2 Signature (given and
surname and Title)
(Note: Signature
must be made by a
someone who can
bind the
corporation)

Printed/Typed Name

______________________________________________________

3 Place of Business
(Full Address: street,
number, city, state,
zip)

______________________________________________________

4 Telephone Number __________________________________ ____________________

5 Email _____________________________________________ _________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 00 BID FORM Date Printed: December 7, 2023
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List below names of president, vice president, CFO, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners:

Approved as to form this ___________________day of _____________________ 20_______.

______________________________________________
Attorney for Agency

END OF SECTION

00 43 10 BID BOND Date Printed: December 7, 2023
Document Version: 1.0 Current Update: October 202 2

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00 43 10 BID BOND FORM

(Note: This form is not required when other form o f Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies Bid. In that case, use form 00 43 20 Bid Security)

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update CONTRACT NO.: PWS24-2264FAC

NAME OF BIDDER:

The makers of this bond are, as Principal,
and , as Surety and are held and
firmly bound unto the City of Carlsbad (“Agency”) in the penal sum of 10% OF THE TOTAL BID PRICE of the Principal submitted to the Agency for the Work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that where as the Principal has submitted the accompanying Bid dated .

If the Principal does not withdraw its Bid within t he time specified in the Contract Documents; and if the Principal provides all required document s to the Agency and is awarded the Contract; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents sha ll affect its obligation under this bond, and Surety waives notice of any such changes.

In the event a lawsuit is brought upon this bond by the Agency and judgment is recovered, the Surety shall pay all litigation expenses incurred b y the Agency in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

///

00 43 10 BID BOND Date Printed: December 7, 2023
Document Version: 1.0 Current Update: October 202 2

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IN WITNESS WHEREOF, the above-bound parties have ex ecuted this instrument under their several seals this_____________ day of ____________ _________________, 20______, the name and corporate seal of each corporation.

PRINCIPAL:

___________________________________
(Name of Principal)

By:

___________________________________
(sign here)

___________________________________
(Print name here)

___________________________________
(Title and Organization of Signatory)

Executed by SURETY

this ______day of ________________, 20____

SURETY:

_____________________________________
(name of Surety)

_____________________________________
(address of Surety)

_____________________________________
(telephone number of Surety)

By:
_____________________________________
(signature of Attorney-in-Fact)

_____________________________________
(printed name of Attorney-in-Fact)

Required Attachments:
Corporate resolution showing current power of attorney. Proper execution by PRINCIPAL.
Proper notarial acknowledgment of execution by SURETY. President or vice-president and CFO, secretary or a ssistant secretary must sign for corporations. If only 1 officer signs, the corporat ion must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.

END OF SECTION

00 43 20 BID SECURITY Date Printed: December 7, 20 23
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00 43 20 BID SECURITY

(Note: This form is required when cash, certified check or cashier’s check, accompanies Bid. If Bid Bond is being provided, use form 00 43 10 Bid Bond)

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update

NAME OF BIDDER:

Accompanying this proposal is a Certified / Cashier ’s check payable to the order of the City of Carlsbad
(“Agency”), in the sum of
dollars ($___________________), this amount being 1 0% of the total amount of the Bid. The proceeds of this check shall become the property of the Agency, provided this proposal shall be accepted by the Agency through action of its legall y constituted contracting authorities and the Undersigned shall fail to execute a Contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the Undersigned. The proceeds of this check shall also become the property of the Agency if the Undersigned shall withdraw his or her Bid within the period of 15 Calendar Days after the date set for the opening of the Bid, unless otherwise required by law, and notwithstanding the award of the Contract to another Bidder.

_______________________________________
BIDDER
Required Attachments:

Certified Check or Cashier’s Check

END OF SECTION

00 40 30 PROPOSED SUBCONTRACTORS FORM Date Printed : December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 28 of 139 ends

00 43 30 PROPOSED SUBCONTRACTORS FORM

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update

NAME OF BIDDER:

In compliance with the Subletting and Subcontractin g Fair Practices Act (Public Contract Code Section 4100 et seq. ), Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license num ber, (c) the DIR public works contractor registration number, and (d) the portion of the Wor k which will be done by each Subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the Work or improvement to be performed under this Contract in an amount in excess of one- half of one percent (0.5%) of the Bidder’s Total Bi d Price. Notwithstanding the foregoing, if the Work involves the construction of streets and highw ays, then the Bidder shall list each Subcontractor who will perform work or labor or ren der service to the Bidder in or about the Work in an amount in excess of one-half of one perc ent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time s hall be granted to provide the below requested information.

If a Bidder fails to specify a Subcontractor or if a Contractor specifies more than one Subcontractor for the same portion of Work, then th e Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of Work and that it shall perform that portion itself. No changes in the Subcontractor’s listed Wo rk will be made without the prior approval of the Agency.

Attach additional pages as required.

(Signature of Bidder)

00 40 30 PROPOSED SUBCONTRACTORS FORM Date Printed : December 7, 2023 Document Version: 1.0 Current Update: October 202 2

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Name of
Subcontractor
Location of
Business
CSLB
Contractor
License
No. / Exp.

Date
DIR
Registration
No. / Exp.

Date
Type of Work
to be done by
Subcontractor
% of
Work
Amount of
Work by
Subcontractor
in Dollars*

Pursuant to Public Contract Code Section 4104, subd ivision (a)(3)(A), receipt of the information preceded by an asterisk (*) may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”

END OF SECTION

00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

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00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update CONTRACT NO.: PWS24-2264FAC

NAME OF BIDDER:

1. INFORMATION ABOUT BIDDER

(Indicate not applicable (“N/A”) where appropriate.)

NOTE: Where Bidder is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture.

1. Type, if Entity:

2. Bidder Address:

a. Facsimile Number

b. Telephone Number

c. Email Address

3. How many years has Bidder’s organization been in business as a contractor?

4. How many years has Bidder’s organization been in business under its present name? a. Under what other or former names has Bidder’s organization operated?

5. If Bidder’s organization is a corporation, answer the following:

a. Date of Incorporation:

b. State of Incorporation:

c. President’s Name:

d. Vice-President’s Name(s):

e. Secretary’s Name:

00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

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f. Treasurer’s Name:

g. CFO’s Name:

6. If an individual or a partnership, answer the following:

a. Date of Organization:

b. Name and address of all partners (state whether general or limited partnership):

7. If other than a corporation or partnership, describe organization and name principals:

8. List other states in which Bidder’s organization is legally qualified to do business.

9. What type of work does the Bidder normally perform with its own forces?

10. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

11. Within the last 5 years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed t o complete a contract? If so, attach a separate sheet of explanation:

00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 32 of 139 ends

12. List Trade/Client References: 3 trades (projects over $100k) and 3 clients (projects over $1M) attach additional sheet if needed.

Company Name Contact Name Phone Number Email Addre ss
Trade >$100k
Trade >$100k
Trade >$100k
Client > $1M
Client > $1M
Client > $1M

13. List Bank References (Bank and Branch Address):

14. Name of Bonding Company and Name and Address of Agent:

00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

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2. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate or attach additional pages if needed for listing current projects.**] Project Name
Sub or Prime?
Description of Bidder’s Work Client
Name
Completion
Date
Cost of
Bidder’s Work

00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 34 of 139 ends

LIST OF COMPLETED PROJECTS (LAST 3 YEARS)
[**Duplicate or attach additional pages if needed for listing completed projects. **]

Please include only those projects which are simila r enough to demonstrate Bidder’s ability to perform the required Work.

Project Name
Sub or Prime?
Description of Bidder’s Work Client
Name
Completion
Date
Cost of
Bidder’s Work

00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

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EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:

The Bidder shall identify the key personnel to be a ssigned to this Project in a management, construction supervision or engineering capacity. A dd additional pages to identify ALL key personnel. Bidder may submit a 2-page resume of each key personnel mentioned above.

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of e quivalent experience and qualifications approved in advance by the Agency.

Job Title
Name
% time committed
to this Project
Specialized
Education
Years of
construction
experience
relevant to the
Project
Summarize the
experience

00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

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Additional Bidder’s Statements:

If the Bidder feels that there is additional inform ation which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 37 of 139 ends

3. VERIFICATION AND EXECUTION

These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws o f the State of California that the foregoing information is true and correct:

Name of Bidder:

Signature _________________________________________ _______________________

Name ______________________________________________ ________________________

Title _____________________________________________ _________________________

Date ______________________________________________ ________________________

END OF SECTION

00 45 10 NON-COLLUSION AFFIDAVIT Date Printed: Dec ember 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 38 of 139 ends

00 45 10 NON-COLLUSION AFFIDAVIT

NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update

NAME OF BIDDER:

Consistent with Public Contract Code Section 7106, the undersigned declares:

I am the of , the
party making the foregoing Bid.

The Bid is not made in the interest of, or on behal f of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agree ment, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other B idder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, s ubmitted his or her Bid Price or any breakdown of it, or the contents of it, or divulged informati on or data relative to it, to any corporation, partnership, company, association, organization, bi d depository, or to any member or agent of these, to effectuate a collusive or sham bid, and h as not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liabili ty partnership, or any other entity, represents that they have full power to execute, and do execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws o f the State of California that the foregoing is true and correct and that this declaration is exec uted ________________ 20 ____ at _______________ [city], _____ [state].

Signature

Name _________________________________

Title

END OF SECTION

00 45 15 IRAN CONTRACTING ACT CERTIFICATION Date P rinted: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 39 of 139 ends

00 45 15 IRAN CONTRACTING ACT CERTIFICATION

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update

NAME OF BIDDER:

As required by Public Contract Code Section 2204, t he Contractor certifies subject to penalty of perjury that the option checked below relating to t he Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The Contractor is not:

1) identified on the current list of persons and entit ies engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

2) a financial instruction that extends, for 45 days o r more, credit in the amount of $20,000,000 or more to any other person or entity i dentified on the current list of persons and entities engaging in investment activit ies in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entit y uses or will use the credit to provide goods or services in the energy sector in Iran.

The Agency has exempted the Contractor from the req uirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the Agency will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amount of the Contract payable to the Contracto r for the Project does not exceed $1,000,000.

Signature: Date:

Name: Title:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for 3 years.

END OF SECTION

00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Date Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 40 of 139 ends

00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update

NAME OF BIDDER:

Pursuant to Labor Code Sections 1725.5 and 1771.1, all Contractors and Subcontractors that wish to Bid on, be listed in a Bid proposal, or ent er into a Contract to perform public work must be registered with the Department of Industrial Rel ations. See Public Works (ca.gov) for
additional information.

No Bid will be accepted, nor any Contract entered i nto without proof of the Contractor’s and Subcontractors’ current registration with the Depar tment of Industrial Relations to perform public work.

Bidder certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations.

Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:

Bidder further certifies:

1. Bidder shall maintain a current DIR registration fo r the duration of the Project.

2. Bidder shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its Contract with Subcontractors and ensure that all Su bcontractors are registered at the time of Bid opening and maintain registration statu s for the duration of the Project.

3. Failure to submit this form or comply with any of t he above requirements may result in a finding that the Bid is non-responsive.

Signature: Date:

Name: Title:

END OF SECTION

00 45 25 CERTIFICATE OF INSURANCE Date Printed: De cember 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 41 of 139 ends

00 45 25 CERTIFICATE OF INSURANCE

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update

NAME OF BIDDER:

Bidder must attach either of the following to this page.

Certificates of insurance showing conformance with the requirements for each of:

a. Comprehensive General Liability
b. Automobile Liability
c. Workers Compensation
d. Employer’s Liability

Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder the required policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance and the required Certificates of insurance to the Agency.

END OF SECTION

00 45 30 STATEMENT REGARDING DEBARMENT Date Printe d: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 42 of 139 ends

00 45 30 STATEMENT REGARDING DEBARMENT

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update

NAME OF BIDDER:

1. Have you or any of your Subcontractors ever been de barred as an irresponsible Bidder by another public agency in the State of California?

YES
NO

2. If yes, what was/were the name(s) of the public agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this p age to accommodate more than 2 debarments.

__________________________________
party debarred

__________________________________
public agency

__________________________________
period of debarment

___________________________________
party debarred

___________________________________
public agency

___________________________________
period of debarment

BY CONTRACTOR:

By: __________________________________
(sign here)

___________________________________
(print name/title)

Page _____ of _____ pages of this Statement Regarding Debarment form

END OF SECTION

14600 45 35 DISCLOSURE OF DISCIPLINE RECORD Date P rinted: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 43 of 139 ends

00 45 35 DISCLOSURE OF DISCIPLINE RECORD

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update

NAME OF BIDDER:

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complai nts against contractors if a complaint regarding a latent act or omission is filed within 4 years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractors’ State Licen se Board, P.O. Box 26000, Sacramento, California 95826.

1. Have you ever had your contractor’s license suspend ed or revoked by the California Contractors’ State license Board 2 or more times within an 8-year period? YES
NO

2. Has the suspension or revocation of your contractor’s license ever been stayed? YES
NO
N/A

3. Have any Subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State License Board 2 or more times within an 8-year period?
YES
NO

4. Has the suspension or revocation of the license of any Subcontractors that you propose to perform any portion of the Work ever been stayed?
YES
NO
N/A

14600 45 35 DISCLOSURE OF DISCIPLINE RECORD Date P rinted: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 44 of 139 ends

5. If the answer to either of 1 or 3 above is “yes,” fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertains to, the nature of the violation and disciplinary action taken.

(If needed attach additional sheets to provide ful l disclosure.)

6. If the answer to either of 2 or 4 above is “yes,” fully identify, in each and every case, the party whose discipline was stayed, the date of and the violation that the disciplinary action pertains to, the nature of the violation and the condition ( if any) upon which the disciplinary action was stayed.

(If needed attach additional sheets to provide ful l disclosure.)

BY CONTRACTOR:

By: __________________________________
(sign here)

__________________________________
(print name and title)

END OF SECTION

00 52 00 CONTRACT Date Printed: December 7, 2023
Document Version: 1.0 Current Update: October 202 2

Page 45 of 139 ends

00 52 00 CONTRACT

This Project No. 4753 (“Contract”) is made and ente red into this ____________ day of ________________________________, 2023, by and betw een the City of Carlsbad (“Agency”) and ____________________________________ (“Contract or”), whose principal place of business is ____________________________________________________________________.

The parties agree:

1. SCOPE OF WORK.

The Contractor shall perform all Work within the ti me stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all the Work required in strict compliance with the Contract Documents for the following Project:

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update

The Contractor and its surety shall be liable to th e Agency for any damages arising as a result of the Contractor’s failure to comply with the obligation described in this Section 1.

2. TIME OF COMPLETION.

Time is of the essence in the performance of the Wo rk. The Work shall be commenced on the date stated in the Agency’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 150 working days from the commencement date stated in the Notice to Proceed. Contractor agrees the time for c ompletion set forth above is adequate and reasonable to complete the Work.

3. CONTRACT PRICE.

The Agency shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions made in acco rdance with the Contract Documents, and including all applicable taxes and costs, the sum o f ___________________________________ _______________________________________Dollars ($ _ ____________________________).

Payment shall be made as set forth in the General Conditions.

The Engineer will close the estimate of work comple ted for progress payments on the last working day of each month. The Agency shall withhol d retention as required by Public Contract Code Section 9203.

4. LIQUIDATED DAMAGES.

In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay the Agency the sum set forth in Section 00 73 00 Su pplemental General Provisions for each and every Calendar Day of delay beyond the time of comp letion prescribed in this Contract as Liquidated Damages and not as a penalty or forfeitu re. If this sum is not paid, the Contractor agrees the Agency may deduct that amount from any m oney due or that may become due the

00 52 00 CONTRACT Date Printed: December 7, 2023
Document Version: 1.0 Current Update: October 202 2

Page 46 of 139 ends

Contractor under the Contract. This Section does no t exclude recovery of other damages specified in the Contract Documents.

5. CONTRACT DOCUMENTS.

The “Contract Documents” include the following:

●
00 11 10 Notice Inviting Bids
● 00 21 10 Instructions to Bidders
● 00 41 00 Bid Form
● 00 42 10 Bid Bond or 00 43 20 Bid Security
● 00 43 30 Proposed Subcontractors
● 00 43 40 Bidder Information and Experience
● 00 45 10 Non-Collusion Affidavit
● 00 45 15 Iran Contracting Act Certification
● 00 45 20 Public Works Contractor Registration Certification ● 00 45 30 Statement of Regarding Debarment
● 00 45 35 Disclosure of Discipline Record
● 00 52 10 Contract
● 00 61 10 Labor and Materials Bond
● 00 61 20 Faithful Performance and Warranty Bond
● 00 61 30 Optional Escrow Agreement (if applicable)
● 00 73 00 Supplemental General Provisions
● Technical Specifications for the Project
● All Addenda
● Plans and Drawings
● Permits
● 00 74 00 Supplemental Technical Provisions
● “Standard Specifications and Drawings,” as last revised ● Standard Specifications for Public Works Constructi on “Greenbook,” latest edition and including all errata
o Part 1 General Provisions
o Part 2 to Part 8 (Construction Materials, Construct ion Methods, Existing Improvements, Pipeline System Rehabilitation, Tempo rary Traffic Control, Street Lighting and Traffic Signal Systems, Landscaping and Irrigation) ● Standard Plans for Public Works Construction, latest edition and including all errata ● Applicable Local Agency Standards and Specifications, as last revised ● Approved and fully executed change orders

00 52 00 CONTRACT Date Printed: December 7, 2023
Document Version: 1.0 Current Update: October 202 2

Page 47 of 139 ends

● Any other documents contained in or incorporated by reference into the Contract Documents
The Contractor shall complete the Work in strict ac cordance with the Contract Documents. The requirements of the various sections or documents c omprising the Contract Documents are intended to be complementary. Work required by 1 of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Every provision of law required to be included in t hese Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the Labor Code and Public Contract Code which are applicable to the Work.

7. INDEMNIFICATION.

Contractor shall provide indemnification and defens e as set forth in the 00 73 00 Agency Supplemental General Provisions.

8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
///

///

00 52 00 CONTRACT Date Printed: December 7, 2023
Document Version: 1.0 Current Update: October 202 2

Page 48 of 139 ends

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

(CORPORATE SEAL)
CONTRACTOR City of Carlsbad

By: By:

(sign here)

Keith Blackburn, Mayor

(print name/title)
ATTEST:

By:

(sign here) for Sherry Freisinger, City Clerk

(print name/title)

If required by the Agency, proper notarial acknowle dgment of execution by contractor must be attached. If a corporation, the Contract must be si gned by 1 corporate officer from each of the following 2 groups.

Group A Group B
Chairman, Secretary,
President,
or Assistant Secretary,
Vice-President CFO or Assistant Treasurer

Otherwise , the corporation must attach a resolution certifie d by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

00 61 10 LABOR AND MATERIALS BOND Date Printed: De cember 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 49 of 139 ends

00 61 10 LABOR AND MATERIALS BOND

KNOW ALL PERSONS BY THESE PRESENTS THAT:

WHEREAS, the City of Carlsbad ( “Agency”) has awarded to (“Principal,”) a Contract for the Work described as follows: Contract No PWS24-2264FAC, Project No. 4753, Ruby G. Schulman Auditorium Audiovisual U pdate (the “Project”) in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and

WHEREAS, Principal is required to furnish a bond in connection with the Contract providing that if Principal or any of its Subcontractors fail to p ay (1) for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the Work contracted to be done, (2) for any Work or labor of any kind performed under the Contract, (3) for amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract, or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department under Unemployment Insurance Code Section 13020 or to the Franchise Tax Board under Revenue and Taxati on Code Section 18663 from the wages of employees of Principal and its Subcontractors with respect to the Work or labor, the Surety on this bond will pay for the same to the extent set forth below.

NOW THEREFORE, we, Principal and , as Surety, are held and firmly bound unto the Agency in the penal sum of
Dollars ($___________), for the payment of which su m being an amount equal to 100% of the total amount payable under the terms of the Contrac t by the Agency, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if Pr incipal, or its Subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100; fail to pay for any materials, p rovisions, provender, equipment, or other supplies, used in, upon, for or about the performance of the Work contracted to be done; fail to pay for any Work or labor of any kind performed und er the Contract; fail to pay amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract; or fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of Principal or its Subcontractors pursuant to Unem ployment Insurance Code Section 13020 or Revenue and Taxation Code Section 18663, with respe ct to the Work or labor, then the Surety will pay for the same, in an amount not exceeding t he penal sum specified above, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Agency in the suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses to be fixed by the court consistent with Civil Code Section 9554.

00 61 10 LABOR AND MATERIALS BOND Date Printed: De cember 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 50 of 139 ends

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The Surety stipulates and agrees that this bond sha ll not be exonerated or released from the obligation of this bond by:

1. Any change, extension of time for performance, addi tion, alteration or modification in, to, or of any Contract, Plans, Specifications, or agreement pertaining or relating to any scheme or Work of improvement described above, or the furnishing of labor, materials, or equipment pertaining or relating to any scheme or Work of improvement described above.

2. Any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or Wor k of improvement described above.

3. Any rescission or attempted rescission or attempted rescission of the Contract, agreement or bond.

4. Any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Contract or agreement or under the bond.

5. Any fraud practiced by any person other than the claimant seeking to recover on the bond.

The Surety also stipulates and agrees that this bond shall be construed most strongly against the Surety and in favor of all persons for whose benefi t such bond is given, and under no circumstances shall Surety be released from liabili ty to those for whose benefit this bond has been given by reason of any breach of contract between the Agency and Principal or on the part of any obligee named in this bond. Finally, the Surety waives notice of any such change, extension of time, addition, alteration or modification mentioned in this bond, including but not limited to the provisions of Civil Code Sections 2819 and 2845.

If Principal is an individual, it is agreed that th e death of any such Principal shall not exonerate the Surety from its obligations under this bond.

This payment surety bond may be approved as to form by the Agency in counterpart, and the counterparts shall all constitute a single, original instrument.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

00 61 10 LABOR AND MATERIALS BOND Date Printed: De cember 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 51 of 139 ends

Executed by PRINCIPAL this _________

day of _______________________, 20____.

PRINCIPAL:

____________________________________
(name of Contractor)

By:_________________________________
(sign here)

____________________________________
(print name here)

____________________________________
(title and organization of signatory)

Executed by SURETY this ____________ day

of _______________________, 20____.

SURETY:

____________________________________
(name of Surety)

____________________________________
(address of Surety)

____________________________________
(telephone number of Surety)

By:
____________________________________
(signature of Attorney-in-Fact)

____________________________________
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)

(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)

(President or vice-president and secretary or assis tant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

14600 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 52 of 139 ends

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND

KNOW ALL PERSONS BY THESE PRESENTS THAT:

WHEREAS, the City of Carlsbad ( “Agency”) has award ed to ________________ (“Principal,”) a Contract for the Work described as follows: Contract No PWS24-2264FAC, Project No. 4753, Ruby
G. Schulman Auditorium Audiovisual Update (the “Project”) in strict conformity with the drawings and specifications, and other Contract Doc uments now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and

WHEREAS, the Work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ____________, (“Con tract Documents”), the terms and conditions of which are incorporated by reference; and

WHEREAS, the Principal is required by the Contract Documents to perform the terms of them and to furnish a bond for the faithful performance and warranty of the Contract Documents.

NOW THEREFORE, we, Principal, and
,as Surety, are held and firmly bound unto the Agency in the penal sum of dollars ($ ____________),
which is equal to 100% of the total amount of the C ontract, for which amount well and truly to be made, we bind ourselves, our heirs, executors an d administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration of the Contract Documents made as provid ed in the Contract Documents, on its part, to be kept and performed at the time and in the man ner specified in the Contract Documents, and in all respects according to their true intent and meaning; and shall indemnify and save harmless the Agency, its Board, members of the Board, officers, directors, managers, employees, agents, and authorized volunteers, as stipulated in the Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured by this bond an d in addition to the face amount specified in this bond, there shall be included costs and reason able expenses and fees, including reasonable attorneys’ fees, incurred by Agency in enforcing su ch obligation, all to be taxed as costs and included in any judgment rendered.

As a condition precedent to the satisfactory comple tion of the Work unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of 1 year after the acceptance of the Work by the Agency. During this 1-year period, if Contractor fails to make full, complete, and satisfactory repair and replacements and totally protect the Agency from loss

14600 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 53 of 139 ends

or damage resulting from or caused by defective materials or faulty workmanship in connection with Contractor’s Work on the Project, the obligati ons of Surety under this bond shall continue so long as any obligation of Principal remains to t he Agency. Nothing in this bond shall limit the Agency’s rights or the Principal’s or Surety’s obli gations under the Contract, law or equity, including, but not limited to, Code of Civil Procedure Section 337.15.

Whenever Principal shall be, and is declared by the Agency to be, in default under the Contract Documents, the Surety shall remedy the default purs uant to the Contract Documents, or shall promptly, at the Agency’s option:

Take over and complete the Project in accordance wi th all terms and conditions in the Contract Documents;

ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract betw een such bidder, the Surety and the Agency, and make available as Work progresses suffi cient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term “balance of the Contract Price” as used in this paragraph shall mean the total amount payab le to Principal by the Agency under the Contract and any modification to the Contract, less any amount previously paid by the Agency to the Principal and any other set offs pursuant to the Contract Documents.

iii. Permit the Agency to complete the Project in any manner consistent with Applicable Law and make available as Work progresses sufficient fu nds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term “balance of th e Contract Price” as used in this paragraph shall mean the total amount payable to Pr incipal by the Agency under the Contract and any modification to the Contract, less any amount previously paid by the Agency to the Principal and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Agency may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize Principal in completing th e Project, nor shall Surety accept a bid from Principal for completion of the Project, if the Age ncy, when declaring the Principal in default, notifies Surety of the Agency’s objection to Principal’s further participation in the completion of the Project.

The Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed under the Contract Documents shall in any way affect Surety’s obligations on this bond, and Surety waives

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notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

If Principal is an individual, it is agreed that th e death of any such Principal shall not exonerate the Surety from its obligations under this bond.

This faithful performance and warranty surety bond may be approved as to form by the City Attorney for the Agency in counterpart, and the counterparts shall all constitute a single, original instrument.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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Executed by PRINCIPAL this _________ day of

________________________, 20___.

PRINCIPAL:
____________________________________
(name of Contractor)

By:_________________________________
(sign here)
____________________________________
(print name here)
____________________________________
(title and organization of signatory)

Executed by SURETY this ____________ day

of ________________________, 20___.

SURETY:
____________________________________
(name of Surety)

____________________________________
(address of Surety)
____________________________________
(telephone number of Surety)

By: _________________________________
(signature of Attorney-in-Fact)
____________________________________
(printed name of Attorney-in-Fact)

(attach corporate resolution showing current
power of attorney)

(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)

(President or vice-president
and secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: D ecember 7, 2023 Document Version: 1.0 Current Update: October 202 2

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00 61 30 OPTIONAL ESCROW AGREEMENT

NAME OF PROJECT: Ruby G. Schulman Auditorium Audiovisual Update

NAME OF BIDDER:

This Escrow Agreement is made and entered into by and between the City of Carlsbad, Carlsbad, California, 92008 (“Agency”), whose address i s
(“Contractor”) and
whose address is __________________ ___ (“Escrow Agent”).

Agency, Contractor and Escrow Agent agree as follows:

1. Pursuant Public Contract Code Section 22300, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention ear nings required to be withheld by Agency pursuant to the construction contract entered into between Agency and Contractor for the Ruby G. Schulman Auditorium Audiovisual Update in the amount of ___________ dated __________ (“Contract”). Alternatively, on written request of Contractor, Agency shall make payments of the retention earnings directly to Escr ow Agent. When the Contractor deposits the securities as a substitute for Contract earning s, Escrow Agent shall notify Agency within 10 Calendar Days of the deposit. The market value o f the securities at the time of the substitution shall be at least equal to the cash am ount then required to be withheld as retention under the terms of the Contract. Securities shall be held in Agency’s name and shall designate Contractor as the beneficial owner.

2. Agency shall make progress payments to Contractor f or those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that Escrow Agent holds securities in the form and amount specified above.

3. When Agency makes payment of retentions earned dire ctly to Escrow Agent, Escrow Agent shall hold them for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equall y applicable and binding when Agency pays Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expense s of Agency. These expenses and payment terms shall be determined by Agency, Contractor, and Escrow Agent.

5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to Agency.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent acco mpanied by written authorization from Agency to Escrow Agent that Agency consents to the withdrawal of the amount sought to be withdrawn by Contractor.

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7. Agency shall have a right to draw upon the securities in the event of default by the Contractor.

Upon 7 Calendar Days' written notice to Escrow Agent from Agency of a default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Agency.

8. Upon receipt of written notification from the Agency certifying that the Work required by the Contract is final and complete and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

9. Escrow Agent shall rely on the written notifications from Agency and Contractor pursuant to Sections (5) to (8), inclusive, of this Escrow Agreement and Agency and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.

10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of Agency and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

For Agency
(Finance
Director)

Title _________________________________________________________

Name
_____________________________________________________________

Signature
_____________________________________________________________

Address
_____________________________________________________________

For Contractor

Title
_____________________________________________________________

Name
_____________________________________________________________

Signature
_____________________________________________________________

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Address
_____________________________________________________________

For Escrow
Agent

Title
_____________________________________________________________

Name
_____________________________________________________________

Signature
_____________________________________________________________

Address
_____________________________________________________________

At the time the Escrow Account is opened, Agency an d Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Escrow Agreement.

IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above.

For Agency Title
______________________________________________________________

Name
______________________________________________________________

Signature
______________________________________________________________

Address
______________________________________________________________

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For Contractor Title
______________________________________________________________

Name
______________________________________________________________

Signature
______________________________________________________________

Address
______________________________________________________________

For Escrow
Agent

Title
______________________________________________________________

Name
______________________________________________________________

Signature
______________________________________________________________

Address
______________________________________________________________

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

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00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS

INTRODUCTION
The specifications contained in this 00 73 00 Agenc y Supplemental General Provisions take precedence over the specification language containe d in the Standard Specifications for Public Works Construction, “The Greenbook,” latest edition and all errata. This specification addresses the unique conditions in Carlsbad that are not addr essed in The Greenbook. Therefore, if there is a conflict, these specifications shall control.

The Greenbook may be purchased at Bidder’s/Contract or’s local technical bookstore or directly from the publisher. These 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 imperativ e mood as starting with “The Bidder shall.” Interpret the term “you” as “the Bidder” and interp ret 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 1 GENERAL PROVISIONS
SECTION 1 – GENERAL, TERMS AND DEFINITIONS, ABBREVIATIONS AND INSTITUTIONS 1-1 GENERAL
ADD the following:

1. The word “provide” shall mean “furnish and install,” unless otherwise stated.

2. In reference to Drawings, where words “shown,” “ind icated,” “detailed,” “noted,” “scheduled,” or words of similar import are used, it shall be understood that reference is made to the Plans accompanying these provisions, unless stated otherwise.

3. Where the words “equal,” “approved equal,” “equival ent,” and words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer,” unless otherwise stated.

4. The word “perform” shall be understood to mean that the Contractor, at its expense, shall “perform all operations and furnish labor, tools an d equipment,” and further, “furnish and install materials that are indicated, specified or required” shall be understood to mean that the Contractor, at its expense, shall “furnish and install the Work, complete in place and ready to use, including furnishing of nec essary labor, materials, tools, equipment, and transportation.”

5. Where words “directed,” “designated,” “selected,” or words of similar import are used, it shall be understood that the direction, designation , or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall

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be understood to mean “as required to properly comp lete the Work as required and as approved by the Engineer,” unless stated otherwise.

Where the words “approved,” “approval,” “acceptance,” or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended.
1-2 TERMS AND DEFINITIONS
Where applicable ADD/REPLACE the following:

1. Agency - The City of Carlsbad, the owner of the Project.

2. Agency Approval - Except where stated in this Contract to the contra ry, the phrases “Agency approval,” and “Agency’s written approval” or such similar phrases shall mean approval by the City Manager for the City of Carlsb ad, which approval shall not be unreasonably withheld.

3. Agency Forces – City of Carlsbad employees who coordinate construction work.

4. Agency Supplement - 00 73 00 Agency Supplemental General Provisions;

5. Allowance (AL) - Payment under Allowance Bid items, denoted as “AL,” shall be based on the actual expenditures and for pre-authorized items of the Work in accordance with the Contract Documents. The unused portions of the Allo wances shall revert to the Agency upon acceptance of the Project or Work.

6. Apparent Low Bidder - The Bidder whose Bid having been publicly opened, initially meets the material requirements of the Bid Documents and whose Bid price is the lowest received.

7. Applicable Laws - Laws, statutes, ordinances, rules, orders, and r egulations of governmental authorities and courts having jurisdiction over the Project.

8. As-Builts - The CAD drawings prepared from the approved Red- lines for record keeping purposes.

9. Award of Contract (Award) - The date on which the Board or designee executes the Contract.

10. Bid - Any proposal submitted to the Agency in competit ive bidding for the construction, alteration, repair, or improvement of any structure, building, road or other improvement of any kind.

11. Bid Administrator – The City’s designated representative for solicit ing and conducting bids on the City’s online bidding portal.

12. Board – The officer or body constituting the awarding au thority of the Agency, which is the City Council for the City of Carlsbad.

13. Business Day - See Working Day.

14. Calendar Day – Every day on the calendar, including weekends and holidays.

15. City - The term “City” or “the City” means, City of Carlsbad. See also Agency.

16. City Council - The legislative body that governs the City of Carlsbad and has the authority to pass ordinances and appropriate funds.

17. City Engineer - The term “City Engineer” is defined as the Transpor tation Director, or designee, and is the person authorized to perform t he functions of the City Engineer as

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defined in Government Code Section 66416.5. The City Engineer is the City's " duly authorized officer" for the purposes of Public Contract Code Sections 4107 and 4107.5.

18. City Manager – The appointed official who directs the administra tion of the City of Carlsbad, and the last appeal level for informal dispute resolution.

19. Construction Documents - Plans and details, including Plans showing installation of major systems, equipment, fixed furnishings and graphics, the technical specifications and all other technical drawings, schedules, diagrams and s pecifications, accepted Shop Drawings, Working Drawings, and submittals that are necessary to set forth in detail the requirements for the Project.

20. Construction Manager – The City’s Consultant Project Inspector and the E ngineer’s designated representative for the first level of ap peal for informal dispute resolution.

Contractor to review all work progress, monthly payment applications, monthly schedule updates and project documentation (e.g., submittals , RFI’s, etc.) with Construction Manager.

21. Construction Work - The portion of the Work to construct the Project as set forth in the Contract Documents in conformance with 2-1, “WORK TO BE DONE.”

22. Contract – The written agreement between the Agency and the Contractor covering the Work.

23. Contract Documents - Contract Documents include the following: The si gned Contract, Addenda, Notice Inviting Bids, funding agency provi sions, Bid including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award when attached as an exhibit to the Contract, Bonds, Permits, CEQA documents, Standard Specifications (the “Greenbook”), Agency S upplement, Plans, Standard Plans, Construction Documents, Reference Specifications, a nd Change Orders. Contract Documents, when applicable, shall also include Site and Coastal development permits, NEPA documents, re-vegetation plans, biological let ters or technical reports, habitat mitigation plans, storm water documents, and local, state, and federal resource agency permits.

24. Contract Time - The number of Working Days to complete the Work as specified in the Contract Documents.

25. Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Wo rk. In the case of Work being done under permit issued by the Agency, the permittee sh all be constructed to be the Contractor. The term “prime contractor” shall mean Contractor.

26. Critical Path – In the Construction Schedule, the sequence of ac tivities that represents the longest path through the Project network of act ivities and the shortest possible Project duration.

27. Days – Days shall mean consecutive calendar days unless ot herwise specified in this Contract.

28. Defective Work - Work that does not conform to the Contract Documents.

29. Delay Factor - The Delay Factor may be the basis for compensati on for idle equipment time on an excusable delay. The factor has been calculated to include the ownership costs without including operating costs. The Delay Factor recovers all the Contractor’s non-

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operating costs in an 8-hour day. If payment is made for equipment on an excusable delay, it is limited to 8 hours per day or 40 hours per week maximum.

30. Deputy City Engineer – For this project, this capacity will be served by the Public Works Manager.

31. Dispute Board – Persons designated by the City Manager of the Ci ty of Carlsbad, to hear and advise the City Manager on claims submitted by the Contractor.

32. Drawings - See Plans.

33. D-size Sheet - “D” size paper for engineering design applications refers to 22” x 34” paper.

34. Engineer - The Deputy City Manager, Public Works of the City of Carlsbad acting either directly or through designated representatives and the fourth level of appeal for informal dispute resolution.

35. Engineer of Record/Design Engineer – A registered Professional Engineer licensed in the State of California who is qualified to act as an a gent of a Project Owner or to prepare Plans for facilities to be accepted by the City of Carlsbad. The term includes persons licensed in the State of California as Civil Engine ers or Structural Engineers, as well as other licensed professionals like Architects and Landscape Architects.

36. Engineering Manager – For this project, this capacity will be served by the Public Works Manager.

37. Field Book - The Agency field maps showing sewer and water facilities.

38. Field Order - A Field Order is a written agreement by the Engin eer to compensate the Contractor for work items in accordance with 2-8, “ EXTRA WORK” or 2-9, “CHANGED CONDITIONS.” A Field Order does not change the Cont ract Price or Contract Time or the intent of the Contract. The unused portions of the Field Orders shall revert to the Agency upon acceptance of the Work.

39. Final Payment - The last payment for the Contract made to the Co ntractor, excluding Retention.

40. Fleet & Facilities Project Manager – The Project Manager with the Fleet & Facilities Division and the Construction Manager’s immediate s upervisor and designated representative for the second level of appeal for informal dispute resolution.

41. Float – The number of days by which an activity in the Co nstruction Schedule may be delayed from either its earliest start date or earl iest completion date without extending the Contract Time (total float). Total float belongs to the Project and to any Party to accommodate changes in the Work or to mitigate the effect of events which may delay completion .

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42. Holiday - Holidays observed by the Agency are listed below:

Holiday Observed On
New Year’s Day January 1
Martin Luther King Day 3 rd Monday in January
Presidents’ Day 3 rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1 st Monday in September
Indigenous Peoples’ Day 2 nd Monday in October
Veteran’s Day November 11
Thanksgiving Day 4 th Thursday/Friday in
November
Christmas Day December 25

If any Holiday listed falls on a Saturday, the Satu rday and the preceding Friday are both legal Holidays. If the Holiday falls on a Sunday, b oth Sunday and the following Monday shall be legal Holidays.

Unless specified otherwise in the Contract Document s or authorized by the Engineer , do not work on Holidays.

43. Minor Bid Item – a single contract item constituting less than 10 percent (10%) of the original Contract Price bid.

44. Normal Working Hours - Unless specified otherwise, Normal Working Hours core periods shall be 8:00 AM to 5:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and Agency Holidays are excluded. For Traffic Control P ermits, Normal Working Hours are defined as 8:30 AM to 3:30 PM, unless specified otherwise.

45. Notice of Completion (NOC) - A document recorded with the County of San Diego to signify that the Work has been completed to the satisfaction of the Construction Manager and accepted by the Agency.

46. Notice to Proceed (NTP) - A written notice to proceed with the work of the contract as mutually agreed in the Preconstruction Meeting.

47. Party or Parties - The Agency, the Contractor, or both, their respe ctive permitted successors or assigns, and any other future signatories to the Contract.

48. Plans – The drawings, profiles, cross sections, Standard Plans, working drawings, and shop drawings, or reproductions thereof, approved by the City Engineer, which show the location, character, dimensions or details of the Work.

49. Prime Contractor - See Contractor.

50. Project Inspector – the Engineer’s designated representative for ins pection, Contract administration and the first level for informal dis pute resolution. For this project, this capacity will be fulfilled by the Construction Manager.

51. Project Site (Site) - Areas where the Work is performed pursuant to the Contract.

52. Public Works Manager – The Public Works Manager of the Fleet & Facilities Division and the Facilities Engineering Project Manager’s immedi ate supervisor and designated representative for the third level of appeal for informal dispute resolution.

Commented [JH1]: Confirm holiday language before
posting.

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53. Punchlist - A list of items of Work or corrections generated after a Walk-through that is conducted when the Contractor considers that the Contract Work and associated Services are complete.

54. Quality Control Standards and Procedures - The standards and procedures that are stated in a written manual that can be furnished to the Engineer upon request. The standards and procedures are followed by the Suppli er in the production of materials supplied for the Work Site.

55. Red-lines - Plans with annotations of changes made during co nstruction to reflect the actual improvements or facilities built during construction whether concealed or visible.

56. Retention - The amount withheld from the money due to the Con tractor in accordance with 7-3.2, “PARTIAL AND FINAL PAYMENT.”

57. Samples - Physical examples of the materials, equipment, o r workmanship specified or required and which conform with the standards and s pecifications in the Contract Documents and by which the Work shall be evaluated.

58. Schedule - A Critical Path Method (CPM) schedule of constru ction activities and their durations to be performed during the Contract Time and prepared by the Contractor in accordance with 6-1, “CONSTRUCTION SCHEDULE AND COM MENCEMENT OF THE WORK,” and accepted by the Engineer.

59. Scope of Work (SOW ) - Labor, materials, equipment, facilities, and se rvices required to be performed or provided by the Contractor to complete the entire Project or the various separately identifiable parts of the Project pursua nt to the provisions of the Contract Documents.

60. Services - Work performed in connection with the layout, co nstruction, testing, inspection, and commissioning of the Work or admini stration of the Contract and which may include professional services such as engineeri ng, surveying, construction management and legal services that are required in accordance with the Contract Documents. Services are incidental to the Work.

61. Separate Contractors - Those individuals or entities that have entered into arrangements with the Agency for the provision of labor, materials, or other services in connection with the Project who are not under contract with the Contractor.

62. Supplemental Provisions – See Agency Supplement.

63. Walk-through - The procedure the Agency uses to evaluate the st atus of the Project and to generate a Punchlist prior to acceptance of the Work.

64. Work – All labor, materials, equipment, tools, and services and other requirements of the Contract Documents as modified by Change Order, whe ther completed or partially completed, provided or to be provided by Contractor to fulfill Contractor’s obligations.

The Work may constitute the whole or a part of the Project.

65. Working Day - Any day within the period between the start of t he Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than:
• Saturday;
• Sunday;
• any day designated as a holiday by the Agency;

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• any other day designated as a holiday in a Master L abor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association;
• any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1; or
• any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-

6.1. 66. Work Site - See Project Site (Site).
1-3 ABBREVIATIONS
1-3.2 Common Usage.

ADD the following:

AML Approved Material List
CADD Computer Aided Design and Drafting
CA MUTCD California Manual on Uniform Traffic Control Devic es CCT Correlated Color Temperature
CEQA California Environmental Quality Act.

CFR Code of Federal Regulations
CGP Construction General Permit
CL Centerline
CMS Content Management System Database
CNC Computer Numerical Control
CRI Color Rendering Index
DBE Disadvantaged Business Enterprise
DCE Data Computer Equipment
DG Decomposed Granite
DVBE Disabled Veteran Business Enterprise
DWT Detectable Warning Tiles
EOW Engineer of Work
FRP Fiberglass Reinforced Plastic
GFE Good Faith Effort
GMT Greenwich Mean Time
GPS Global Positioning System
LCD Liquid Crystal Display
M&M Maintenance and Monitoring
MMC Mitigation and Monitoring Coordination
NC Not Connected, Normally Closed
NEPA National Environmental Policy Act of 1969
NOC Notice of Completion
NPDES National Pollutant Discharge Elimination System NTP Notice to Proceed
OC On Center

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PB Pull Box
PL Property Line
RFP Request for Proposal
RFI Request for Information
SOW Statement of Work, Scope of Work
SOV Schedule of Values
SPDT Single Pole Double Throw
SSD Surge Suppression Devices
UF Underground Feeder
VAC Volts AC
VPC Vitrified Polymer Composite
WBE Women Business Enterprise
1-3.3 INSTITUTIONS.

ADD the following:

ANSI American National Standards Institute
AISC American Institute of Steel Construction
ANSI American National Standards Institute
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association
AWS American Welding Society
NFPA National Fire Protection Association
PCI Prestressed Concrete Institute
SANDAG San Diego Association of Governments
UL Underwriters’ Laboratories Inc.

USGS United States Geological Survey
1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 Subcontractor Listing.

ADD the following:

Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The use of Subcontractors in no way relieves the Contractor of any obligations or responsibilities under the Contract.

The following excerpts or summaries of some of the requirements of this Chapter are included below for information:

The Bidder shall set forth in the Bid, as provided in Section 4104:

“(a) The name and location of the place of business of each Subcontractor who will perform Work or Labor or render service to the prime Contractor in or about the construction of the Work or improvements, or a Subcontractor licensed by the State of California who, under

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Subcontract to the prime Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed Drawings contained in the Plans and Specifications, in an amount in excess of one-half of 1 percent of the prime Contractor’s total Bid, or, in the case of Bids or offers for the construction of streets or highways, including bridges, in excess of one- half of 1 percent of the prime Contractor’s total Bid or ten thousand dollars ($10,000), whichever is greater.”

“(b) The portion of the Work which will be done by each such Subcontractor under this act. The prime Contractor shall list only one Subcontractor for each such portion as is defined by the prime Contractor in his Bid.”

If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the Work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code.

As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor.

Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the Subcontract involved, after a public hearing.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 General.

DELETE in its entirety and SUBSTITUTE with the following:
1-7.1 Standard Contract Provisions.
1-7.1.1 Successor’s Obligations.

All grants, covenants, provisions and claims, rights, powers, privileges and abilities contained in the Contract Documents shall be read and held as made by and with, and granted to and imposed upon, the Contractor, the Agency, and the Contractor’s and the Agency’s respective heirs, executors, administrators, successors, and assigns.

1-7.1.2 Waiver of Legal Rights.

1. The Agency’s failure to insist, in any 1 or more in stances, upon the performance of any provision of the Contract, or to exercise any r ight therein, shall not be construed as a waiver or relinquishment of such provisions or rights.

2. Any waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach.

3. Any waiver the Agency issues to any provision of th e Contract shall only be effective if it is agreed upon in writing by the Agency and if it is specific to the matter concerned.

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1-7.1.3 Requests for Information (RFI).

1. Inquiries from the Contractor seeking clarification of the requirements of the Contract Documents shall be submitted in writing to the Agen cy as a Request for Information (RFI).
1-7.1.4 Assignment to Awarding Body.

1. In accordance with subdivision (b) of Public Contra ct Code Section 7103.5, the Contractor and the Contractor’s Subcontractors shal l conform to the following requirements:
a. In entering into a public works contract or a subco ntract to supply goods, services, or materials pursuant to a public works c ontract, the Contractor or the Contractor’s Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all cause s of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq. ) arising from purchases of goods, services, or materials pursuant to the pu blic works contract or the subcontract.
b. This assignment shall be made and become effective at the time the awarding body tenders to the Contractor, without further ack nowledgment by the Parties.

1-7.2 Contract Bonds.

ADD the following:

1. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a Surety, who is authorized to issue bonds in Califor nia, and whose bonding limitation shown in the circular is enough to provide bonds in the a mount required by the Contract shall be deemed approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all documents enumerated in Code of Civil Procedure Section 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.

2. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.

3. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 Calendar Days after recordation of the Notice of Completion and will remain in full force and effect for the 1-year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bond to secure payment of laborers and materials suppliers shall be released 6 months plus 30 Calendar Days af ter recordation of the Notice of Completion if all claims have been paid.

4. All bonds are to be placed with a Surety insurance carrier admitted and authorized to transact the business of insurance in California and whose a ssets exceed its liabilities in an amount equal to or in excess of the amount of the bond. Th e bonds are to contain the following documents:

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a. An original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizin g the person who executed the bond to do so.
b. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.

5. If the Bid is accepted, the Agency may require a financial statement of the assets and liabilities of the Surety for the quarter calendar year precedi ng the date of the execution of the bond.

The financial statement shall be made by an officer ’s certificate as defined in Corporations Code Section 173. In the case of a foreign Surety, the financial statement may be verified by the oath of the principal officer or manager residing within the United States.

6. If the Surety on any bond furnished by the Contract or is declared bankrupt, becomes insolvent, or its right to do business is terminate d in any state where any part of the Project is located, immediately notify the Engineer; and im mediately substitute another bond and Surety acceptable to the Agency.

7. The Contractor shall require the Surety to mail its standard “Bond Status” form to the Agency.

SECTION 2 – SCOPE OF THE WORK

2-1 WORK TO BE DONE
ADD the following:

1. Where approval or acceptance by the Agency is required, only a general approval is required.

However, such approval does not relieve the Contractor from the Contractor’s responsibility for complying with all applicable laws, codes, and best industry practices. Contractor has its obligation to fulfill all conditions of the Contract.

2. In accordance with the provisions of California Law , the Contractor shall possess or require the Contractor’s Subcontractor(s) to possess valid appropriate license(s) for the Work being performed as conveyed in the Bidding Documents.

2-2 PERMITS
ADD the following:
2-2 PERMITS, FEES, AND NOTICES

2-2.1 Building Permits.

1. The Contractor shall obtain the required building p ermits from Agency’s permitting departments. Any prior approval obtained for the Pl ans shall not in any way waive this requirement. The building permit fee has been paid for and only requires Contractor information and pickup.

2. Request inspections in accordance with the building codes in effect on the permitted Plans and by City’s Development Services Department, Buil ding Division.. Any Work performed without the benefit of the required permit and subsequent inspection shall be removed and replaced at the discretion of the City Building Inspector at no additional cost.

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2-3 RIGHT-OF-WAY
ADD the following:

1. The Contractor shall coordinate access to private property with the property owners and the timing of accessing private property when the Agenc y has already obtained rights of entry.

Unless otherwise provided, the Contractor shall coo rdinate, pay for, and assume all responsibility for acquiring using, and disposing o f additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. The Cont ractor shall protect any private and public improvements.
2-4 COOPERATION AND COLLATERAL WORK
ADD the following:

1. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Cont ractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused b y the utility company. No additional compensation will be made to the Contractor for any such delay.

2. If work to be performed by the Agency or its separa te Contractors is not shown or specified in the Contract Documents, the Engineer shall notif y the Contractor in writing 10 Working Days prior to the start of such work and make available Plans or Specifications for work to be performed by others that may be pertinent to Contra ctor’s Work. If Contractor determines that the work to be performed by the Agency or its separate Contractors may interfere with or cause damage or delays to Contractor’s Work, not ify the Engineer in writing within 3 Working Days of the Engineer’s notice. The Contract or shall diligently pursue with the Engineer resolution of potential conflicts with the work of others.

3. The Contractor shall prepare and submit to the Engineer for approval a plan and schedule to integrate the work of Contractor or its Subcontractors, Agency or the work of others. The plan shall conform to the tasks identified in the Construction Schedule and identify additional tasks as necessary and the sequencing of interrelated activities. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.2 Temporary Utility Services.

ADD the following:

1. While the Contractor may use building electrical po wer for the operation of small tools, the Contractor shall furnish, install, maintain, and remove all temporary utility extension services, such as light, power, electrical, gas, and water, a t its own expense for construction and maintenance activities until acceptance of Work. Th ese utility extension services, include piping, wiring, lamps, and other equipment necessary for the Work.

2. The Contractor shall pay all costs of temporary lig ht, power and water including hookup, service, meter, and any, and all, other charges, de posits and/or fees. The costs shall be

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considered incidental to the items of Work that the y are associated with and no additional payment will be made for them.

2-6 CHANGES REQUESTED BY THE CONTRACTOR
ADD the following:

1. Any plan or method of work suggested to the Contractor by the Agency, but not specified or required by the Contract or Change Order, which is adopted or followed by the Contractor in whole or in part shall be done at the Contractor’s sole risk and responsibility.

2. The Contract Price is not subject to adjustment for any type of tax increases after the Award.

ADD 2-6.1 Cost Reduction Proposal.

1. The Contractor may submit to the Engineer in writin g, proposals for modifying the Plans, Specifications, or other requirements of the Contra ct for the sole purpose of reducing the total cost of construction.

2. The cost reduction proposal shall not impair, in an y 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 sh all be changed if the proposal is adopted.
c. A detailed estimate of the cost of performing the W ork under the existing Contract and under the proposed change.
d. A statement of the time within which the Engineer s hall 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 Engineer to co nsider any cost reduction proposal. The Agency shall not be liable to the Contractor for no t 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 an d prior to Award of the Contract, the Engineer will not accept such proposal and reserves the right to make such changes without compensation to the Contractor under the provisions of this subsection.

6. The Contractor shall continue to perform the Work i n 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

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disregard the Contract Bid prices if, in the judgme nt 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 Contra ctor 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 reduc tion 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 pr oposal or such part of it as has been accepted to be put into effect. If the Engineer’s a pproval is conditional, the Change Order shall include any conditions upon which the Engineer’s approval is based.

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 acce ptance 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 determ ines that the proposal is suitable for application to other contracts. When an accepted co st reduction proposal is adopted for general use, only the Contractor who first submitte d such proposal shall be eligible for compensation subject to this subsection, and in tha t case, only for contracts awarded prior to submission of the accepted cost reduction proposal.

14. The cost reduction proposals identical or similar t o previously submitted proposals shall be eligible for consideration and compensation under t he 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 the 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, ch aracter 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 w ritten supplemental agreement

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between the Contractor and Agency, unless both part ies agree to proceed with the change, by Change Order.

2. Change Orders shall be in writing and state the dol lar value of the change or established method of payment, any adjustment in Contract Time of completion, 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 O rder 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. Not Used
2-7.3 Payment – Increases of More than 50 Percent. Not Used 2-7.4 Payment – Decreases of More than 50 Percent. Note Used 2-7.5 Stipulated Unit Prices. Not Used

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 betw een 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.
2-7.7 Schedule of Values.

Before construction, Contractor shall provide a sch edule of values for all lump-sum Bid items in Schedule A of Section 00 41 00 BID FORM above. The Schedule A will be used for the purpose of monthly progress payments and the schedule of values will be used for the purpose of describing the categories of work included in each line item. The line item totals in the schedule of values shall be equal to the line item lump sum values for each bid item shown in Schedule A. 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 materia l conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for t hat material cannot be canceled, payment will be made to the Contractor for the actual cost of th e 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:

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1. New or unforeseen Work will be classified as “Extra Work” when 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 S ection 7-4. The Contractor shall fully itemize the Extra Work cost estimates such as labor and payroll costs, quantities, crew composition, production rates, material costs, Subc ontractor and Supplier costs, equipment costs, supplemental costs, and time impact.
2-9 CHANGED CONDITIONS
ADD the following:

The Contractor shall promptly notify the Engineer o f 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 Con tract which the Contractor believes may be hazardous waste, as defined in Heal th 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 Con ditions and they will materially affect performance time, the Contractor, 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 will 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 any event or other cause, unl ess 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 prerequisit e 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 circumstances giving rise to the pot ential claim, the reasons for which the

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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 cer tification relative to the California False Claims Act, Government Code Sections 12650-12656.

“The undersigned certifies that the above statement s are made in full awareness of the California False Claims Act, Government Code Sectio ns 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 w hen 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 s hall 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 differenc es between the parties arising under the Contract brought to the attention of the Engineer a t the earliest possible time so that such matters can be settled, if possible, or other appropriate action promptly taken. 2-10 DISPUTED WORK
ADD 2-10.1 Claims.

2. A Claim shall conform to these specifications and m ay 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 r elief 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 Servic es and Work and shall maintain the Schedule during any dispute proceedings. The Engine er will continue to make payments for undisputed Services and Work.

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5. The Agency’s Claims process specified in the Agency Supplement shall not relieve the Contractor of the Contractor’s statutory obligation s to present Claims prior to any action under the Government Code.

6. Except for those final payment items disputed in th e written statement required in Section 7-3.2, all Claims of any dollar amount shall be sub mitted 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 a ny 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 Claim s, which must be detailed enough so the Engineer can determine the basis and amount of the Claims. Contractor shall provide the Engineer additional information to determine the fa cts or contentions involved in a Claim if requested by the Engineer. If additional informatio n 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 in the payment application following the resolution of those Claims approved by the Engineer. The Contrac tor 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 di spute arising under or relating to the Contract, including a breach of any provision of th e 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 th e City has previously denied a request from the Contractor for a Change Order seeking the demanded relief. The Contractor shall, consistent with 2-10.1.2, give the Agency written n otice 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 t he Public Contract Code, applicable provisions of which are specified below, the Contra ctor 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. Construction Manager
ii. Fleet and Facilities Project Manager
iii. Public Works Manager

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For claims with a monetary value greater than $50,000:
iv. Construction Manager
v. Fleet and Facilities Project Manager
vi. Public Works Manager
vii. Engineer
viii. City Manager or Executive Manager

2. Consistent with Section 2-10.1.2, the Contractor sh all 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 doc umentation 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 Clai m or appeal of Claim, review the Contractor’s report and respond with a position, re quest additional information or request that the Contractor meet and present its report. Wh en additional information or a meeting is requested the Agency will provide its position w ithin 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 Public Works Manager for claims less than $50,000 and/or up to the City Manager for the City of Carlsbad for cl aims 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. Actual approval of the Claim is subject to the Change Order provisions in the Contract.

4. Any remaining Claims not resolved by the informal d ispute resolution process described above shall be resolved in accordance with Public C ontract 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 r easonable review of the Claim and, within a period not to exceed 45 days, shall provide the Claimant a written statement identifying what porti on of the Claim is disputed and what portion is undisputed. Upon recei pt of a Claim, a public entity and a Contractor may, by mutual agree ment, extend the time period provided in this subdivision.

(B) The Claimant shall furnish reasonable documenta tion to support the Claim.

(C) If the public entity needs approval from its go verning body to provide the Claimant a written statement identifyin g the disputed portion and the undisputed portion of the Claim, an d 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 pu blic entity shall have up to three days following the next duly publicly n oticed meeting of

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the governing body after the 45-day period, or exte nsion, expires to provide the Claimant a written statement identifyin g 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 is sued pursuant to this section within the time prescribed, the Claimant ma y demand in writing an informal conference to meet and confer f or settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt r equested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusio n of the meet and confer conference, if the Claim or any portion of t he Claim remains in dispute, the public entity shall provide the Claima nt a written statement identifying the portion of the Claim that remains in dispute and the portion 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 en tity and Claimant shall mutually agree to a mediator within 10 busine ss days after the disputed portion of the Claim has been identified i n writing. If the parties cannot agree upon a mediator, each party sh all select a mediator and those mediators shall select a qualifi ed 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 med iator. If mediation is unsuccessful, the parts of the Claim remaining i n dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation include s any nonbinding process, including, but not limited to, neutral eva luation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation o r by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

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(D) Unless otherwise agreed to by the public entity and the Contractor in writing, the mediation conducted pursuant to thi s section shall excuse any further 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 o r the Public Works Contract Arbitration Program if mediation under thi s 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 subdivisi on or to otherwise meet the time requirements of this section shall re sult 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 sec tion, 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 p rivity of Contract does not exist, the Contractor may present to the public entity a Claim on behalf of a Subcontractor or lower tier Subcontr actor. A Subcontractor may request in writing, either on their own behalf or on behalf of a lower tier Subcontractor, that the Cont ractor present a Claim for work which was performed by the Subcontra ctor or by a lower tier Subcontractor on behalf of the Subcontra ctor. The Subcontractor requesting that the Claim be presente d to the public entity shall furnish reasonable documentation to su pport the Claim.

Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether t he 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 sha ll be set forth in the Plans or Specifications for any Public Works Projec t 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 rec eipt of a Claim, the

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parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or b inding arbitration, as 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 competiti ve 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, 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 followi ng 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 in tended to extend the time limit or supersede notice requirements otherwi se 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 Clai m within 45 days of receipt of the Claim, or may request, in writing, w ithin 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim the loca l agency may have against the Claimant.

(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mut ual agreement of the local agency and the Claimant.

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(3) The local agency's written response to the Clai m, as further documented, shall be submitted to the Claimant with in 15 days after receipt of the further documentation or within a pe riod of time no greater than that taken by the Claimant in producin g 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 dol lars ($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 documentati on supporting the Claim or relating to defenses to the Claim the loca l agency may have against the Claimant.

(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mut ual agreement of the local agency and the Claimant.

(3) The local agency's written response to the Clai m, as further documented, shall be submitted to the Claimant with in 30 days after receipt of the further documentation, or within a p eriod of time no greater than that taken by the Claimant in producin g 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 presc ribed, 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 prescri bed, 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 day s for settlement of the dispute.

(e) Following the meet and confer conference, if th e Claim or any portion remains in dispute, the Claimant may file a Claim as provided in Chapter 1 (commencing with Section 900) and Chap ter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a Claim must be filed s hall be tolled from the time the Claimant submits his or her written Cl aim 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 ut ilized by the meet and confer process.

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(f) This article does not apply to tort Claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort Claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division

3.6 of Title 1 of the Government Code.

20104.4 The following procedures are established for all c ivil actions filed to resolve Claims subject to this article:

(a)
Within 60 days, but no earlier than 30 days, follow ing the filing or responsive pleadings, the court shall submit the ma tter to nonbinding mediation unless waived by mutual stipulation of bo th parties. The mediation process shall provide for the selection w ithin 15 days by both parties of a disinterested third person as med iator, shall be commenced within 30 days of the submittal, and shal l be concluded within 15 days from the commencement of the mediati on unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties f ail to select a mediator within the 15-day period, any party may petition th e court to appoint the mediator.

(b)(1) If the matter remains in dispute, the case s hall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The C ivil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brou ght under this subdivision consistent with the rules pertaining to judicial arbitration.

(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulat ion of the parties, mediators and arbitrators shall be paid necessary a nd reasonable hourly rates of pay not to exceed their customary r ate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, d etermines 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 Sec tion 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, a ny 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

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costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

(b)
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 o n 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 lo cal 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 adjustme nts 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 e xecuted by an official who has the authority to legally bind the Contractor.
2-10.1.3 Agency’s Final Determination.

1. If the Contractor disagrees with the City Manager f inal 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 W orking 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, aris es out of or relates in any way to the Services provided under the Contract, upon the Agency’s requ est, the Contractor shall assist in

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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, tr ials, 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 reason able 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 di spute or litigation in which these fees and expenses were incurred were the result of the Contr actor’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 necess ary, including the Agency’s withholding of the Contractor’s payment.

ADD 2-10.2 Dispute Resolution Process
2-10.2.1 Mandatory Non-binding Mediation.

1. If a dispute arises out of or relates to the Contra ct, or the breach of it, and if the dispute cannot be settled through those procedures describe d in Section 2-10.1.1, the parties must attempt to settle the dispute in an amicable m anner, 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 s erve a Request for Mediation at the American Arbitration Association (AAA).

2-10.2.2 Mandatory Mediation Costs.

1. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, inc luding required traveling and other expenses of the mediator and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equa lly 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.

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2. If AAA is used, the initiating party shall concurre ntly 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 (Adm inistrator), 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 liste d in preference 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 eac h 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 par ty’s legal position. The parties may agree to exchange any information they deem necessary.

3. Both parties shall have an authorized representativ e 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 do cumented in writing. Mediation results and documents, by themselves, shall be “non -binding” and inadmissible for any purpose in any legal proceeding, unless such admiss ion is otherwise agreed upon in writing by both parties. Mediators shall not be sub ject to any subpoena or liability and their actions shall not be subject to discovery.

ADD 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, betw een 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 San Diego. The parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

ADD 2-10.4 Pre-judgment Interest.

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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 requi ring the Contractor to complete Work amounting to at least 20 percent of the Contract pr ice 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 20 percent of the Contract P rice 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 this section, the Contractor, or prime Contractor, shall be entitled to a public hearing before the Board an d 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 Su bcontractor 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 S ubcontractors 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 t he Agency 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 particu lar 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. 3-4 AUTHORITY OF THE ENGINEER
ADD the following:

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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 acc urate books and accounting records regarding all its activities. Contractor shall cont ractually require all Subcontractors to this Contract to do the same. The Engineer shall have ac cess 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, a nd evaluate Contractor’s and its Subcontractor’s performance pursuant to this Contra ct. The Engineer’s monitoring, assessments, and evaluations will include, but shal l not be limited to, audits, inspection of premises, reports, contracts, subcontracts and inte rviews 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 i ts, 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, materi als, 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 En gineer during construction in observing the Contractor’s performance. The consultant shall be the Agency’s Representative on the Site assisting the Engineer and must not be confuse d with a building inspector with the Agency or with a Special Inspector.

3. The Agency may utilize a Special Inspector for insp ection of specialty work and materials, whose costs the Agency will pay for unless the Cont ractor fails inspection. If inspections or tests reveal non-compliance with the requirements o f the Contract Documents, the Contractor shall pay for all corrective measures de emed necessary 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 inspec tions are the Contractor’s responsibility.

Contractor shall coordinate and schedule all inspec tions 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 inspections. The Contrac tor 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 req uirements of the Contract Documents (other than inspections for work performed in accor dance with a permit). The Contractor is

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responsible for the inspection of all Work performe d 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 Wo rk performed without the required permit or inspection. For required subsequent inspe ction, the Contractor shall remove and replace Work at the discretion of Engineer at no ad ditional 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 insp ection, testing, or approval required by the Contract Documents, the Engineer’s prior writte n request, or by other agencies. If any item of Work is done prior to obtaining the require d approvals when requested by the Engineer, Contractor shall expose the Work for insp ection, testing, and/or approval. Upon successful completion of the inspection, testing, o r approval, the Contractor shall proceed with the Work. The Contractor shall bear all direct and indirect costs and damages of such uncovering and re-covering and shall not be entitle d 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 ac ceptable 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 pa y the cost of inspections and tests. If inspections or tests reveal non-compliance with the requirements of the Contract Documents, the Contractor shall bear the cost of co rrective 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, p rovide copies of all records in the Contractor’s or Subcontractor’s possession pertaini ng 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 records rela tive to all its activities and to contractually require all Subcontractors to this Co ntract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Con tractor’s and its Subcontractors performance pursuant to this Contract, the monitori ng, 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 t he 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 covered by this Contract and will permit the Engineer to audit, exa mine, 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 al l matters covered by this Contract.

However, any such activities shall be carried out i n a manner so as to not unreasonably interfere with Contractor’s ongoing business operat ions. Contractor and all Subcontractors

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to this Contract shall maintain such data and recor ds for 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 representat ive 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 schedule d construction meetings as required by the Engineer. If any of Contractor’s staff cannot a ttend, 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 notifi cation, the Contractor shall pay for the costs of the Agency’s staff, consultants, or both t hat 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 purpos e 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 it 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 there are no replacement documents, the last ver sion of the document before it was discontinued.

4. Scaled dimensions on Contract Documents are approxi mate. 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 coop erative. Anything specified in the

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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.

8. The Plans shall be supplemented by such working dra wings 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 agenci es 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/Project Manual
h. Agency Supplemental General Provisions (Section 00 73 00). i. Agency Supplemental Technical Provisions (Section 00 74 00). j. Standard Drawings.
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 Are a 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.

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b. Detail Drawings govern over general Drawings.
c. Addenda and Change Order Drawings govern over Plans. d. Plans govern over Standard Drawings.

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: 3-7.3 Red-lines and Record Documents.
3-7.3.1 General.

1. The Contractor shall, at no charge to the Agency, p rovide 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 wit h 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 o f the change to the Contract Documents.

4. The Contractor shall deliver the Red-lines to the E ngineer upon completion of the Construction Work.

5. The Contractor shall legibly annotate a full-size s et of Plans daily, in red ink, to record additions, deletions or changes to the Work and cha nges 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 immediately give written notice of any conflicts between these documents to the Engineer.

6. As-built information shall represent field measurem ents, 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 Contr actor shall clearly record additions or changes in the Work and depth of underground fac ilities 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 therefore.
3-7.3.2 Asset Specific Red-lines.

1. 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. c. Information necessary to maintain and service concealed items of Work. d. Dimensional changes to the Drawings.

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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.

2. 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 she et 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 include d in the Contract Price. Contractor shall be responsible for their accuracy.
3-8 SUBMITTALS
3-8.1 General
Add the following:

1. Shop Drawings and engineering data (submittals) cov ering all equipment and all fabricated components and building materials which will become a permanent part of the Goods and Special Services under this Contract shall be submi tted to Engineer for review, as required.

Submittals shall verify compliance with the Contrac t Documents and shall include Drawings and descriptive information in sufficient detail to show the kind, size, arrangement, and the operation of component materials and devices; the e xternal connections, anchorages, and supports required; the performance characteristics; and dimensions needed for installation and correlation with other materials and equipment.

2. Each submittal shall cover items from only one sect ion of the specification unless the item consists of components from several sources. Contra ctor shall submit a complete initial submittal including all components. When an item c onsists of components from several sources, Contractor's initial submittal shall be complete including all components.

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3. All submittals, regardless of origin, shall be approved by Contractor and clearly identified with the name and number of this Contract, Contractor's name, and references to applicable specification paragraphs and Contract Drawings. Eac h copy of all submittals, regardless of origin, shall be stamped or affixed with an approval statement of Contractor. Each submittal shall indicate the intended use of the item in the Goods and Special Services. When catalog pages are submitted, applicable items shall be clearly identified and inapplicable data crossed out. The current revision, issue number, and date shall be indicated on all Drawings and other descriptive data.

4. Contractor shall be solely responsible for the comp leteness of each submittal. Contractor’s stamp or affixed approval statement of a submittal is a representation to Engineer that Contractor accepts sole responsibility for determin ing and verifying all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that Contractor has reviewed and coordinated each submittal with the requirements of the Goods and Special Services and the Contract Documents.

5. All deviations from the Contract Documents shall be identified as deviations on each submittal and shall be tabulated in Contractor's le tter of transmittal using Figure P-01300-2.

Such submittals shall, as pertinent to the deviatio n, indicate essential details of all changes proposed by Contractor (including modifications to other facilities that may be a result of the deviation) and all required piping and wiring diagrams.

6. Engineer will not accept submittals from any entity except but Contractor. Submittals shall be consecutively numbered in direct sequence of sub mittal and without division by subcontracts or trades.

7. For electronic submittals, drawings and the necessa ry data shall be submitted electronically to Engineer as specified below. Submittal documents shall be in black and white unless color is required for the review of the submittal. All electronic files shall be in PDF as generated by Adobe Acrobat Professional latest version. The PDF file(s) shall be fully indexed using the Table of Contents, searchable with thumbnails generated. PDF images must be at a readable resolution. For most documents, they should be scan ned or generated at 300 dots per inch (dpi). Optical Character Recognition (OCR) capture must be performed on these images so that text can be searched, selected and copied from the generated PDF file. The PDF documents shall have a bookmark created in the navi gation frame for each major entry (“Section” or “Chapter”) in the Table of Contents. Thumbnails shall be generated for each page or graphic in the PDF file. The opening view for each PDF document shall be as follows:

1. Initial View: Bookmarks and Page

2. Magnification: Fit In Window

3. The file shall open to the Contractor’s transmittal letter, with bookmarks to the left.

The first bookmark shall be linked to the Table of Contents.

PDF document properties shall include the submittal number for the document title and the Contractor’s name for the author.

8. Electronic submittal file sizes shall be limited to 10 MB. When multiple files are required for a submittal the least number of files possible shall be created.

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9. The Contractor shall post submittals and retrieve the Engineer’s submittal review comments through the Engineer’s (Consulting Engineer’s) Proj ect website accessible through the Internet. Instruction on procedures for posting and retrieving submittals will be provided after award of the Contract.

10. Facsimiles (fax) will not be acceptable. Engineer w ill not accept submittals from anyone but Contractor. Submittals shall be consecutively numbe red in direct sequence of submittal and without division by subcontracts or trades.

3.8.1.2 Resubmittal of Drawings and Data

1. Contractor shall accept full responsibility for the completeness of each resubmittal.

Contractor shall verify that all corrected data and additional information previously requested by Engineer are provided on the resubmittal.

2. When corrected copies are resubmitted, Contractor s hall direct specific attention to all revisions in writing and shall list separately any revisions made other than those called for by Engineer on previous submittals. Requirements specified for initial submittals shall also apply to resubmittals. Resubmittals shall bear the number of the first submittal followed by a letter (A, B, etc.) or a unique identification that indicates the initial submittal and correct sequence of each resubmittal.

3. If more than 1 resubmittal is required because of f ailure of Contractor to provide all previously requested corrected data or additional i nformation, Contractor shall reimburse Agency for the charges of Engineer for review of th e additional resubmittals. This does not include initial submittal data such as shop tests and field tests that are submitted after initial submittal.

4. Resubmittals shall be made within 30 Calendar Days of the date of the letter returning the material to be modified or corrected, unless within 14 Calendar Days Contractor submits an acceptable request for an extension of the stipulat ed time period, listing the reasons the resubmittal cannot be completed within that time.

5. The need for more than 1 resubmittal, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Times unless delay of the Work is the direct result of a change in the Work a uthorized by a Change Order or failure of Engineer to review and return any submittal to Contractor within the specified review period. 3-8.1.3 Color Selection

1. Contractor shall submit samples of colors and finis hes for all accepted products before Engineer will coordinate the selection of colors an d finishes with Agency. Engineer will prepare a schedule of finishes that include the col ors and finishes selected for both manufactured products and for surfaces to be field painted or finished and will furnish this schedule to Contractor within 60 Calendar Days after the date of acceptance of the last color or finish sample.
3-8.1.4 Operations and Maintenance Data and Manual s

1. Adequate operation and maintenance information shal l be supplied for all equipment requiring maintenance or other attention. The equip ment supplier shall prepare a Project

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specific operation and maintenance manual for each type of equipment indicated in the individual equipment sections or the equipment schedule.

2. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the individual equipment sections or the equipment schedule.

3. Operation and maintenance manuals shall include the following:
a) Equipment function, normal operating characteristics, and limiting conditions. b) Assembly, installation, alignment, adjustment, and checking instructions. c) Operating instructions for startup, routine and nor mal operation, regulation and control, shutdown, and emergency conditions.
d) Lubrication and maintenance instructions.
e) Guide to troubleshooting.
f) Parts lists and predicted life of parts subject to wear. g) Outline, cross section, and assembly drawings; engineering data; and wiring diagrams. h) Test data and performance curves, where applicable.

4. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when deliv ered, or which may be required by Contractor.

5. Manuals shall be submitted in electronic format to the Engineer prior to the date of shipment of the equipment. The manuals shall be submitted an d the Engineer’s review comments retrieved, through the Project website accessible t hrough the Internet. Instruction on procedures for posting and retrieving O&M submittals and review comments will be provided after award of the Contract. When the O&M manuals a re reviewed "RETURNED FOR CORRECTION,” the corrections shall be made as instr ucted by the Engineer or Consulting Engineer, and corrected manuals resubmitted to the Engineer or Consulting Engineer. When review by the Engineer is complete, 3 copies of eac h electronic O&M manual shall be delivered on CD-ROM to the Engineer. Each CD shall contain only 1 copy of 1 manual. Delivery of the final O&M shall be made 30 Calendar Days prior to placing the equipment in operation.

6. All material shall be marked with Project identification, and inapplicable information shall be marked out or deleted.

7. Shipment of equipment will not be considered complete until all required manuals and data have been received.
3-8.1.5 Electronic Operations and Maintenance Manu als

1. Electronic manuals shall be in Adobe Acrobat’s PDF and shall be prepared at a resolution between 300 and 600 dpi, depending on document type. OCR capture shall be performed on these documents. OCR settings shall be performed with the “original image with hidden text” option in Adobe Acrobat Exchange.

2. File size shall be limited to 10 MB. When multiple files are required the least number of files possible shall be created. File names shall be in t he format OMXXXXX-YYYZ-V.pdf, where XXXXX is the 5-digit number corresponding to the sp ecification section, YYY is a 3-digit O&M manual number, e.g., 001, Z is the letter signifying a resubmittal, A, B, C, etc, and V is a number used only when more than one 10 MB file is required for an O&M manual.

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3. Documents prepared in PDF format shall be processed as follows:

Pages shall be searchable (processed for optical ch aracter recognition) and indexed when multiple files are required.
a) Of material to update the manual provided by the ma nufacturer. Pages shall be rotated for viewing in proper orientation.
b) A bookmark shall be provided in the navigation fram e for each entry in the Table of Contents.
c) Embedded thumbnails shall be generated for each completed PDF file. d) The opening view for PDF files shall be as follows:
e) Initial View: Bookmarks and Page
f) Page Number: Title Page (usually Page 1)
g) Magnification: Set to Fit in Window
h) Page: Single Page
i) Where the bookmark structure is longer than 1 page, the bookmarks shall be collapsed to show the chapter headings only.
j) When multiple files are required the first file of the series (the parent file) shall list every major topic in the Table of Contents. The par ent file shall also include minor headings bookmarked based on the Table of Contents. Major headings, whose content is contained in subsequent files (children) shall be linked to be called from the parent to the specific location in the child file. The child file shall contain bookmark entries for both major and minor headings contained in the child file. The first bookmark of any child file shall link back to the p arent file and shall read as follows "Return to the Equipment Name Table of Contents," e.g., Return to the Polymer Feed System Table of Contents.
k) Drawings shall be bookmarked individually.
l) Files shall be delivered without security settings to permit editing, insertion and deletion
3-8.1.6 Labeling

1. At a minimum, the following information shall be included on all final O&M manual materials, including thumb drives and hard copy manuals:
a) Equipment name and/or O&M title spelled out in complete words. b) Project Name.
c) Agency Project/Contract Number.
d) Specification Section Number. Example: “Section 15 55 00” e) Manufacturer’s name.
f) File Name and Date.

3-8.4 Supporting Information
ADD the following:

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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 othe r 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 Reco rd Set and shall be delivered to the Engineer within 10 Calendar Days of completion of the Work. Payment for performing the Work required by Section 3-8.4 shall be included in the various Bid items and no additional payment will be made.

3-8.6 Manufacturer’s Operation, Maintenance, and W arranty Instructions.

To sentence (1), DELETE in its entirety and SUBSTITUTE with the following:

For each pre-manufactured product covered by a manu facturer’s warranty, Contractor shall submit 1 electronic copy and 3 bound original or legal copies prior to acceptance of the Contract.
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 sha ll 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. If required in the Special Provisions, the Contract or 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.

4. The Contractor shall maintain drainage within and t hrough 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.

5. Work Site maintenance shall be conducted on non-wor kdays 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.

6. 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.

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c. Requirements of Subpart H, Section 1926.252 of the OSHA Safety and Health Standards for Construction.

7. Work Site maintenance is considered incidental to the items of work that they are associated therewith, and no additional payment will be made.

8. Cleanup and Dust Control. Throughout all phases of construction, including suspension of the Work, and until the final acceptance, the Contracto r 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 amoun ts damaging to property, cultivated vegetation, domestic animals, or causing a nuisance to persons living or occupying buildings in the vicinity. Contractor shall be responsible fo r 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 Di strict 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 sh all be equipped with mufflers 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 shall be accompanied by bills of lading that shall clearly s tate for each delivery: the name of the Contractor as consignee, the Project name and numbe r, address of delivery and name of consignor and a description of the material(s) shipped.

4. Prior to storage of any materials which have been s hipped 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 a re stored. The lease agreement shall

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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 restor ation of the storage site within the time allowed for the Work.

5. All such storage shall conform to all laws and ordi nances that may pertain to the materials stored and to preparation of the storage site and t he 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 c ondition 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.

9. 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.

10. Materials and equipment shall be removed from the S ite as soon as they are no longer necessary. Before the final inspection, the Site sh all 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.

11. Care shall be taken to prevent spillage on haul rou tes. Any such spillage shall be removed immediately, and the area cleaned.

12. Excess excavation material from catch basins or similar structures shall be removed from the Site immediately. Sufficient material may remain fo r use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the Site as soon as practicable after stripping.

13. 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.

14. Cleanup and dust control required in the Contract s hall also be executed on weekends and other non-Working Days when needed to preserve the health safety or welfare of the public.

The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased le vels 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 incide ntal to the items of Work that they are associated with, and no additional payment will be made for them.

15. Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pest s. 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

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authorities. The Contractor shall be liable for inj ury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.

16. Temporary Light, Power, and Water. The Contractor s hall furnish, install, maintain, and remove all utility extension services of temporary light, power, and water at its own expense.

These include piping, wiring, lamps, and other equi pment necessary for the Work. The Contractor shall not draw water from any fire hydra nt (except to extinguish a fire), without obtaining permission from the water agency concerne d. The Contractor shall obtain a construction meter for water used for the construct ion, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this Contract. The Contractor shall contact the appropriate water agency for requ irements. The Contractor shall pay all costs of utility extension services for temporary l ight, power and water including hookup, service, meter and any, and all, other charges, dep osits 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.
3-12.6.5 Payment.

DELETE in its entirety and SUBSTITUTE with the following:

1. Unless otherwise specified, payment for water pollu tion control, including implementation and maintenance of BMPs, shall be considered as included in the Contract Unit Price for each item in the Bid.

ADD 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 sha ll 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 be liable for injury to persons or property and res ponsible 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 prio r 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 r ecord documents including installation, maintenance and operation instruction s, 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 a llow for storage by the Agency for future use. Verify the specified quantities.

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d. Provide all final Special Inspection reports and ce rtifications required by equipment manufacturers to demonstrate compliance with applicable codes and standards. e. Remove temporary facilities from the Site.
f. Thoroughly clean the Site and remove all mark-outs.

2. The Construction Manager serving as the Project Ins pector, will schedule the Pre-Final inspection within 5 Working Days of receipt of the Contractor’s request. The Inspector will generate a list of deficiencies (Punchlist) within 5 Working Days after the Pre-Final inspection.

3. The Contractor shall have no more than 30 Working D ays to correct the 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 considered 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 sch eduled until all deficiencies are completed to the satisfaction of the Inspector.

4. The Contractor shall submit a request for Final Ins pection 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 c ompleted for all punch list items identified in the Pre-Final inspection(s). The requ est for Final Inspection will not be considered without the Contractor’s written respons e to the punch list items. The Inspector will schedule the Final Inspection within 10 Workin g Days of receipt of the Contractor’s request and invitees will include the Construction Manager, Engineer and representatives from agencies or utility companies having jurisdict ion 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 be the date when the Contractor is relieved from re sponsibility to protect and maintain the Work, and to which liquidated damages will be computed. 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 that the Contractor’s performance of the Contract be accepte d. Upon such certification by the Engineer, the City Manager or Executive Manager may accept the Work. Upon the acceptance 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.

3-13.3 Warranty.

DELETE in its entirety and SUBSTITUTE with the following:

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1. Contractor shall warranty and repair all defective materials and workmanship for a period of 2 years. 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 shal l 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 ser vice at the direction of or as approved by the Engineer in writing.

3. All warranties, express or implied, from Subcontrac tors, manufacturers, or suppliers, of any tier, for the materials furnished and work performe d shall be assigned, in writing, to the Agency, and shall be delivered to the Engineer prio r to the acceptance of the Contractor’s performance of the Contract.

4. Replace or repair defective materials and workmansh ip in a manner satisfactory to the Engineer after notice to do so from the Engineer an d within the time specified in the notice.

If Contractor fails to make such replacements or re pairs within the time specified in the notice, the Agency may perform the replacement or r epairs at Contractor’s expense. If Contractor fails to reimburse the Agency for the ac tual costs, Contractor’s Surety shall be liable for the cost.

5. 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 p ortions of the Work corrected as part of the warranty requirements.

ADD 3-13.3.1 Defective Work.

1. If the Engineer finds any part of the Work, to be d efective 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 indi rect 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 responsible for the Defective Work. The Engineer sh all issue a deductive Change Order and will incorporate the necessary revisions in the Con tract 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 Contractor’s Defective Work. The Ag ency 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

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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, “C onstruction 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. T he Agency shall bill 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 implemen ting a preventive maintenance program in compliance with manufacturer’s recommendations.

ADD 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 benef it. 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 complet ion 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 warranties are sig ned 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 in dex 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.

ADD 3-14 SITE ACTIVITIES BY THE AGENCY OR SEPARAT E CONTRACTORS 3-14.1 The Agency’s Right to Award Separate Contracts.

1. The Agency reserves the right to perform work or op erations 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.

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3-14.2 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 wit h the performance of the Work and submit the plan to the Engineer for approval. The p lan 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 ex tent applicable, properly integrated and jointed in a manner that avoids any damage to the W ork or to the work of the Separate Contractors.
3-14.3 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. 3-14.4 Use of Site.

1. Provide the Agency and the Separate Contractors reasonable opportunities for the storage of materials and equipment and performance of their wo rk. Connect and coordinate work and operations with the work and operations of the Agen cy 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 cons truction, submit Contractor’s plan for coordination.

3-14.5 Deficiency in Work of Separate Contractors.

1. If part of Contractor’s Work depends on proper exec ution or results upon construction or operations by the Agency or a Separate Contractor, prior to proceeding with that portion of the Work, promptly report to the Separate Contracto r 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 const itutes Contractor’s acceptance of the Work of Separate Contractors as fit, proper, and coordinated with the Work. 3-14.6 Payment.

1. Payment for reporting deficiencies, coordinating, a nd resolving discrepancies shall be included in the Contract Price.

ADD 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; servi ce stations; public transportation; pedestrian crossing; motels and establishments of similar nature. Access shall be continuous and unobstructed unless otherwise approved by the Engineer.

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2. The Contractor shall provide access for emergency v ehicles and mail delivery and trash collection services. The trash hauling schedule can be obtained by contacting Republic Services at Customer Support | Republic Services .

3. 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.

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, removin g, and restoring existing 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 na ture, size and/or location of utilities indicated on the Plans is not guaranteed.

5. The Contractor shall determine the location and dep th 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 provi ded 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 interrupt the service func tion 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 u tilities 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 noti fy 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 Enginee r 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.

4-2 INSPECTION
4-2.1 General
ADD the following:

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1. All costs of inspection at the source, including salaries and mileage costs, shall be paid by the Contractor.

2. Materials typically accepted by Certificate of Comp liance 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 requiri ng inspection without the required 24- hour notification may result in non-compliant mater ial 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 misdirect ed staff charges. The Contractor shall be notified in writing of the additional staff charges incurred.

4. Agency staff or a qualified inspection agency appro ved by the Engineer shall witness all welding, lining, coating, and testing. Contractor s hall incur additional inspection costs outlined in 4-2.3, “Inspection of Items Not Locally Produced.”

5. All parts of production (including but not limited to product fabrication, welding, testing, lining, and coating of straight pieces and specials ) shall be performed or produced in the United States.

6. Welding and all testing shall be performed by certi fied welders and testing staff with credentials traceable in the United States.

7. 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 Code of Regulations, Title 8, Ind ustrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer wit h 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 an y portion of the Work or materials incorporated in the Work shall not relieve Contract or from any obligation to fulfill 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 additiona l inspection costs of the Engineer including lodging, meals, and incidental expenses b ased on Federal Per Diem Rates, along with travel and car rental expenses. If the manufac turing 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 w ill 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 Age ncy shall not be part of the additional inspection expenses paid by Contractor.
c. Federal Per Diem Rates can be determined at the loc ation below:
https://www.gsa.gov/portal/content/104877

2. Specialty Testing of Foreign Materials.
a. Materials that are manufactured, produced, or fabricated outside of the United States shall be delivered to a distribution point in Calif ornia, unless otherwise specified.

Quality Control and related testing shall be perfor med 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 4-2.4 Specialty Inspection Paid for by the Co ntractor

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 Wo rk shall be included under the Bid item for “Specialty Inspection Paid For By the Contractor.”

3. When an Allowance Bid item for “Specialty Testing U nder the Direction of the Engineer” is provided, Contractor shall employ and pay for the s ervices of a qualified third party independent laboratory to perform the required test ing. Contractor shall be reimbursed for the cost of testing under this Bid item.

4. Contractor shall be reimbursed for the cost of spec ialty inspections when an Allowance Bid item is included in the Bid otherwise the cost is t he responsibility of the Contractor if the manufacturer requires a specialty inspection service.
4-3 TESTING
ADD the following:

1. Except as specified in these Special Provisions, th e 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 Work, it is found that sources o f 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, handlin g 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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4-4 TRADE NAMES
ADD the following:

1. Whenever materials or equipment are indicated in th e Contract Documents by using the name of a proprietary item or the name of a particu lar 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 Engineer for review to determine whether the material or equipment proposed is equivalent or equal to that named.

3. For reviews prior to Bid:
a. If the Engineer fails to respond to Contractor’s su bstitution proposal before the Bid due date, the substitution proposal shall be deemed denied. b. Contractor may bring forward a substitution proposa l after Award that was denied based on the Engineer’s failure to respond by submi tting 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 serv ice requirements. The manufacturer shall have a local service agency with in 50 miles (80.5 km) of the Site which maintains properly trained personnel and adeq uate 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 unde r the expected service conditions, achieve the results called for by the g eneral 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 Contra ctor’s requested time does not constitute acceptance of the substitution.

6. If, in the opinion of the Engineer, substitute item s are determined to be unsatisfactory in performance, appearance, durability, compatibility with existing equipment or systems, availability of repair parts and suitability of app lication, the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency.

7. The burden of proof as to the type, function, and q uality 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 doe s not relieve Contractor of the responsibility for full compliance with the Contrac t Documents. If the Engineer takes no exceptions to the proposed substitution, it shall n ot relieve Contractor from Contractor’s responsibility to the efficiency, sufficiency, qual ity, and performance of the substitute

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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 an d equipment 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, inst alled, 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 d etermined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Con tractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS
ADD the following:

1. The Contractor shall strictly adhere to the provisi ons 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, an d 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 bargaining agreement on file with the State of California Department of Industrial Relations.

3. The Contractor’s attention is directed to Labor Cod e Section 1776 which imposes responsibility upon the Contractor for the maintena nce, certification, and availability 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 materia ls, such as borrow pits or gravel beds, for use in the proposed construction Project which woul d be subject to Fish and 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. If requested by the Agency, the Contractor and its Subcontractors shall maintain and furnish to the Agency, at a designated time, a certified co py 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:

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1. Unless otherwise approved in writing by the Enginee r, the hours of work shall be between the hours of 8:00 AM and 5:00 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 week ends 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 hours 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 durat ion of the Contract insurance against claims for injuries to persons or damage to propert y which may arise from or in connection with the performance of the Work by the Contractor, his or her agents, representatives, employees or Subcontractors. The insurance shall me et the City’s policy for insurance as stated in City Council Policy No. 70.
a. Coverages and Limits : 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 op erations, 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 shall 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 cover any vehicle used in the performance of t he Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.
iii. Workers’ Compensation and Employers’ Liability Insu rance : Workers’ compensation limits as required by the Labor Code a nd 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 endo rsed to contain, the following provisions.

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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 th e scope of protection afforded to the Agency, its officials, employees or volunteers. All additional insured endorsements 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 primar y 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 an d shall not contribute with it.
iii. Any failure to comply with reporting 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 insuranc e 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 sha ll be endorsed to state that coverage shall not be nonren ewed, 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.) Lev els. Any deductibles or self- insured retention levels must be declared to and ap proved 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 guaranteeing paymen t of losses and related investigation, claim administration and defense expenses. e. Waiver of Subrogation. All policies of insurance required under this Contr act shall contain a waiver of all rights of subrogation the i nsurer may have or may acquire against the Agency or any of its officials or employees. f. Subcontractors. Contractor shall include all Subcontractors as insu red under its policies or shall furnish separate certificates and endorsements for each Subcontractor. Coverages for Subcontractors shall b e subject to all of the requirements stated in these Agency Supplemental General Provisions (00 73 00). 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. Insu rers 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 t he 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 certificat es of insurance and original endorsements affecting cover age required by this clause. The

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certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the 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 an d minimum limits indicated below unless the Risk Manager or City Manager or Executive Manager approves a lower amount. These minimum amounts of c overage 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 belie ves that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor’s sole exp ense. The full limits available to the named insured shall also be available and appli cable to the Agency as an additional insured.
j. Cost of Insurance. The Cost of all insurance required under this Contr act 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 ag ainst the Agency and shall hold the Agency harmless from any loss.
5-7 SAFETY
5-7.1.1 General.

ADD the following:

1. The Contractor shall respond and initiate correctiv e 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.

2. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the Work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials.

ADD: 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 limi t Contractor’s liability nor to assume that the Agency, its employees, or designees shall assum e any of Contractor’s liability associated with Site safety considerations.

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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 atmosph ere, possibility for engulfment, gasses due to organic soils or proximity to landfills, exposure to hazardous products such as may be released when grinding, cutting, or torching galvan ized or painted surfaces or asbestos containing materials, contaminated soil, and ground water. Identify response 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.
5-7.7 Security and Protective Devices. Not Used

ADD 5-8 INDEMNIFICATION AND HOLD HARMLESS AGREEME NT

1. Contractor agrees to defend, indemnify, and hold ha rmless Agency, its affiliated and subsidiary entities, and its elected and appointed officials, officers, directors, managers, employees and agents (“Indemnified Parties”) from a nd against all claims asserted, liability established, or judgments for damages or injuries t o any person or property, including to Contractor’s officers, employees, agents, or subcon tractors, 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 ha rmless shall not include any claims or liabilities arising from the sole negligence or sol e 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 intere st exists or may exist between Contractor and Agency, the reasonable value of attorney fees a nd 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 Contra ctor will pay all costs, including defense costs for the Agency. Defense costs include the cos t 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 int entional 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 th e Indemnified Parties request separate counsel.

4. Contractor shall defend, indemnify, protect and hol d the Indemnified Parties harmless from and against any dispute between Contractor and Cont ractor’s Subcontractors if the Indemnified Parties are made a party to any judicial or administrative proceeding.

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ADD 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 whom they have family, business, or other relations hips. Project personnel shall not accept gratuities or any other favors from Subcontractors or potential Subcontractors.

2. Contractor is subject to all federal, state, and lo cal 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 makes or participates in a “governmental decision” in accordance with Title 2, Section 18701 , subdivision (a)(2) of the California Code of Regulations, or performs the same or substantial ly 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 shal l be subject to a conflict of interest 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 Ag ency’s written determination that Contractor shall be subject to a conflict of intere st code and file a Form 700 (Annual Statement) on or before April 1st disclosing any fi nancial 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 stateme nt of economic interests as a result of the Work performed, Contractor shall be considered an “ Agency Official” for conflict of interest purposes, including the prohibition against lobbyin g 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 has a direct or indirect financial or organizational interest or re lationship that would violate conflict of interest laws, regulations, or policies.

6. If Contractor violates any conflict of interest law s 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 5-10 ELECTRONIC COMMUNICATION

1. When specified in the Contract Documents, Contracto r shall post all communications addressed to the Engineer concerning construction including RFIs, submittals, daily logs, and transmittals to the Project management website esta blished for the Project. The Contractor shall maintain a list of scheduled activities inclu ding planned and actual execution dates for all major construction activities and milestones de fined in the approved Schedule. The Contractor shall review and act on all communicatio ns addressed to the Contractor in the

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Project management website. A user’s guide to the P roject management system may be available on the City’s website and shall be provid ed to Contractor at the Pre-construction Meeting.

2. The payment for electronic communications shall be included in the Contract Price.

ADD 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. Payment for the initial creation and monthly maintenance of the Construction Schedule shall be included in the Contract Price and no separate p ayment will be made, therefore. The approval of each monthly payment application will b e made following the Engineer’s approval of the updated monthly schedule update for that month. Such approval shall require that necessary edits to previous monthly schedule updates are corrected. 6-2 PROSECUTION OF WORK
ADD the following:

1. As soon as possible under the provisions of the Contract, the Contractor shall start the Work.

2. When a Subcontractor fails to prosecute a portion o f the Work in a manner satisfactory to the Agency, Contractor shall remove such Subcontrac tor immediately upon written request of the Agency and shall request approval of a repla cement 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 6-2.1 Order of Work.

1. The Contractor shall incorporate the requirements o f the city, utility companies or agencies having jurisdiction over the Work in accordance wit h 2-4 Cooperation and Collateral Work, including any phasing requirements identified on the Plans or Special Provisions.

2. If construction and demolition operations are withi n an active public space, the Contractor shall submit a phasing plan to the Engineer to acco mmodate 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 sh all include any revisions or implementation of the Plan.

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ADD 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 t he Site during the moratorium periods.

Trenches shall be backfilled during moratorium periods. Temporary resurfacing or steel plate covers over trenches shall not be used.

3. The payment for complying with moratorium requirements shall be included in the Contract Bid. Contractor shall not be entitled to any additi onal 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 tim e 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. The Contractor shall obtain the written approval of the Engineer to perform any Work outside of normal Work hours. This approval must be obtaine d at least 48 hours prior to commencement of such Work. The Contractor shall pay any additional costs for inspection or testing of such Work.

4. The Contractor shall not perform Work during morato riums per 6-2.2 or during any periods of restriction identified in agency permits or Proj ect environmental documents and shall include all such schedule constraints in the Construction Schedule.

5. No additional payment or adjustment of Bid item pri ces or adjustment of Contract Time will be made for the Contractor’s inability to work outs ide of normal Work hours if Contractor’s request is denied by the Engineer or during prohibited periods.

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 Work or unforeseen event shall be demonstrated by u sing the CPM. No other scheduling method shall be used to calculate the Project’s schedule.

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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 include 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 ana lysis setting forth the claimed Critical Path impacts to the Construction Schedule consisten t 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 Contrac tor’s control and without Contractor’s fault or negligence.
c. All Project float has been used.

4. The Construction Manager shall document the CPM jus tified Contract Time extension. If Contractor does not agree with this document, Contr actor shall submit to the Engineer for review a written protest supporting Contractor’s ob jections 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 Construction Manager’s CPM justified extension 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 wr itten 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 equipm ent placed on standby, the cumulative duration of the standby, the Contractor’s opinion o f 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) therefore.

00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2

Page 119 of 139 ends

Carlsbad City CouncilJanuary 9, 2024

Carlsbad City Council
January 9, 2024