Carlsbad City Council
June 11, 2024

Work is the direct result of a change in the Work authorized 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 finishes for all accepted products before Engineer will coordinate the selection of colors and finishes with Agency. Engineer will prepare a schedule of finishes that include the colors 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 Manuals

1. Adequate operation and maintenance information shall be supplied for all equipment requiring maintenance or other attention. The equipment supplier shall prepare a Project specific operation and maintenance manual for each type of equipment indicated in th e 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 normal 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 delivered, 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 and the Engineer’s review comments retrieved, through the Project website accessible through the Internet. Instr uction 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 are reviewed "RETURNED FOR CORRECTION,” the corrections shall be made as instructed by the Engineer or Con sulting Engineer, and corrected manuals resubmitted to the Engineer or Consulting Engineer. When review by the Engineer is complete, 3 copies of each 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.

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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 Manuals

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 the format OMXXXXX -YYYZ-V.pdf, where XXXXX is the 5-digit number corresponding to the specification 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.

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

Pages shall be searchable (processed for optical character recognition) and indexed when multiple files are required.
a) Of material to update the manual provided by the manufacturer. Pages shall be rotated for viewing in proper orientation.
b) A bookmark shall be provided in the navigation frame 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 parent 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 parent 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.

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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:

The Contractor shall provide and keep up -to-date a complete “As -Built” record set of blue-line prints, which shall be corrected in red daily and show every change from the original Drawings and Specifications and the exact “As-Built” locations, sizes and kinds of equipment, underground piping, valves, and all other Work not visible at surface grade.

Prints for this purpose may be obtained from the Agency at cost. This set of Drawings shall be kept on the job and shall be used only as a Record Set and shall be delivered to the Engineer within 10 Calendar Days of completion of the Work. Payment for performing the Work required by Section 2-5.4 shall be included in the various Bid items and no additional payment will be made therefore.

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

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

For each pre -manufactured product covered by a manufacturer’s warranty, Contractor shall submit 1 electronic copy and 3 bound original or legal copies prior to acceptance of the Contract.
3-12 WORK SITE MAINTENANCE
3-12.1 General.

ADD the following:

1. Maintain Site improvements including any temporary facilities, equipment, or other materials. Remove graffiti encountered on the Site within 24 hours. See also SECTION 400 - PROTECTION AND RESTORATION.

2. As a condition of Final Payment, the Contractor shall submit a signed and notarized affidavit stating that all brush, trash, debris, and surplus materials resulting from this Project have been disposed of in a legal manner. The cost of disposal is the Contractor’s responsibility.

3. If required in the Special Provisions, the Contractor shall provide and maintain enclosed toilets for the use of the Agency’s and Contractor’s officers, employees, or agents. Toilets must be kept in a neat and sanitary condition and ensure that they comply with all applicable

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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 through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted, when necessary, by the SWPPP and/ or BMP plan. Such dams shall be removed from the Site as soon as their use is no longer necessary.

5. Work Site maintenance shall be conducted on non -workdays when increased levels of maintenance are deemed necessary, in the opinion of the Engineer, to preserve the health safety or welfare of the public and or to comply with applicable regulations.

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.
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 with, 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 Contractor shall keep the Site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. 3-12.2 Air Pollution Control.

ADD the following:

1. Contractor shall carry out effective measures whenever and as often as necessary to prevent Contractor’s operation from producing dust in amounts damaging to property, cultivated vegetation, domestic animals, or causing a nuisance to persons living or occu pying buildings in the vicinity. Contractor shall be responsible for any damage resulting from any dust originating from Contractor’s operations. The dust abatement measures shall be continued until Contractor is relieved of further responsibility by the Engineer.

2. Contractor shall adhere to Air Pollution Control District County of San Diego regulations for equipment used on the Job Site.
3-12.3 Noise Control.

ADD the following:

1. All internal combustion engines used in the Work shall be equipped with 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:

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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 state for each delivery: the name of the Contractor as consignee, the Project name and number, address of delivery and name of consignor and a description of the material(s) shipped.

4. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the City’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work.

5. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Storage of hazardous wastes, construction equipment ma terial, 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 t he suitability of materials and their proper storage at any time during the Work.

7. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

8. Restore the storage area to an equal or better condition as deemed necessary by the Engineer and at no additional cost to the Agency.

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 Site as soon as they are no longer necessary. Before the final inspection, the Site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid.

11. Care shall be taken to prevent spillage on haul routes. 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 for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the Site as soon as practicable after stripping.

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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 shall also be executed on weekends and other non-Working Days when needed to preserve the health safety or welfare of the public.

The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public.

Cleanup and dust control shall be considered 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 pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.

16. Temporary Light, Power, and Water. The Contractor shall 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 equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission fro m the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant estab lishment, maintenance, cleanup, testing and all other work requiring water related to this Contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of utility extension services for temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees for them. These costs shall be considered incidental to the items of Work that they are associated with, and no additional payment will be made for them.
3-12.6.5 Payment.

DELETE in its entirety and SUBSTITUTE with the following:

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

ADD 3-12.7 Vermin Control.

1. The Site and structures constructed under the Contract shall be kept free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.

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3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.1 Completion.

DELETE in its entirety and SUBSTITUTE with the following:

1. The Contractor shall comply with the following prior to requesting a Pre -Final inspection of the Work and filing of a written assertion that the Work has been completed:
a. Provide completed and signed redline drawings and record documents including installation, maintenance and operation instructions, manuals and/or tools for installed equipment.
b. Provide and properly label all keys for existing facilities or new permanent work. c. Provide all items specified to be supplied as extra stock and spare parts. Wrap, seal, or place in a container all items as necessary to allow for storage by the Agency for future use. Verify the specified quantities.
d. Provide all final Special Inspection reports and certifications required by equipment manufacturers to demonstrate compliance with applicable codes and standards. e. Remove temporary facilities from the Site.
f. Thoroughly clean the Site and remove all mark-outs and construction staking.

2. The Construction Manager serving as the Project Inspector, 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 Days 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 schedule d until all deficiencies are completed to the satisfaction of the Inspector.

4. The Contractor shall submit a request for Final Inspection which shall include a written assertion that the Work has been completed in accordance with the Contract Documents and a written response describing the corrective Work completed for all punch list items identified in the Pre -Final inspection(s). The request for Final Inspection will not be considered without the Contractor’s written response to the punch list items. The Inspector will schedule the Final Inspection within 10 Working Days of receipt of the Contractor’s request and invitees will include the Construction Manager, Engineer and representatives from agencies or utility companies having jurisdiction over the Work. The Contractor’s attendance is mandatory.

5. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to prot ect 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:

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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 Car lsbad that the Contractor’s performance of the Contract be accepted. Upon such certification by the Engineer, the City Manager or Executive Manager may accept the Work. Upon the 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:

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 shall warranty the Work against all latent and patent defects for a period of 10 years.

2. The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.

3. All warranties, express or implied, from Subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Agency, and shall be delivered to the Engineer prior to the acceptance o f the Contractor’s performance of the Contract.

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

If Contractor fails to make such replacements or repairs within the time spe cified in the notice, the Agency may perform the replacement or repairs at Contractor’s expense. If Contractor fail s to reimburse the Agency for the actual costs, Contractor’s Surety shall be liable for the cost.

5. If, during the warranty period, any item of the Work is found to be Defective Work, Contractor shall correct it promptly after receipt of written notice from the Agency to do so. The warranty period shall be extended with respect to portions of the Work co rrected 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 defective or not in compliance with the Contract Documents, the Contractor shall correct the Defective Work in accordance with the Engineer’s written instructions and within the specified time limits.

2. The Engineer may order Contractor to stop all or part of the Project if, upon notice, Contractor fails to immediately correct the Defective Work in conformance with the Contract Documents. The Contractor bears all direct and indirect costs and damages that result from the Agency’s Stop Work notice.

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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 shall issue a deducti ve Change Order and will incorporate the necessary revisions in the Contract Documents for the Defective Work, the diminished value to the Project, or for the cost to repair the Defective Work.

4. If the Contractor fails to correct Defective Work within the specified time limits, the Engineer may correct the Contractor’s Defective Work. The Agency has the right to correct any Defective Work without notice in the event of an emergency. Contractor sha ll bear all direct and indirect costs of the Defective Work that the Agency corrects.

5. When undertaking remedial action under this section, the Agency may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s Work and or services, and incorporate into the Project all materials and equipment stored at the Site or for which the Agency has paid but Contractor has stored elsewhere.

6. For Building Projects which require a certificate of occupancy, not including sewer and water facilities, if the Contractor fails to correct the Defective Work listed on the Agency’s Punchlist within 30 Working Days in accordance with 6 -1.1, “Construction Schedule,” the Contractor shall reimburse the Agency for all costs to provide inspection services required to monitor the Contractor’s Work beyond the 30 Working Days. The Agency shall bill the Contractor for the additional inspection work as invoiced to the Agency..

7. If the Contractor completes the Project or portions of the Project prior to NOC, the Contractor shall preserve equipment by developing and implementing a preventive 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 benefit. Submit warranties i n the format described in this section, modified as approved by Engineer to suit the conditions pertaining to the warranty.

2. The Contractor shall obtain warranties, executed in triplicate by responsible Subcontractors and Suppliers, within 10 Working Days after completion of the applicable item of Work.

Except for items put into use with the Engineer’s permission with date mutually agreed upon in writing, ensure that the beginning time of the warranty is the Project completion date.

3. The Contractor shall verify that the documents are in proper form, contain full information, and are notarized.

4. The Contractor shall verify that warranties are signed by both the Contractor and the appropriate party.

5. The Contractor shall provide warranties to the Engineer with a neatly typed table of contents, identifying each warranty with the number and title of the applicable specification section requiring the warranty and the name of the product or work item.

6. The Contractor shall separate each warranty with index tab sheets keyed to the table of contents listing. Provide complete information using separate typed sheets as necessary. The

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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 SEPARATE CONTRACTORS 3-14.1 The Agency’s Right to Award Separate Contracts.

1. The Agency reserves the right to perform work or operations outside the Scope of Work of the Contract related to the Project with Agency Forces, Separate Contractors, or both. If work to be performed by another party was not noted in the Contract, the Agency shall give written notice to Contractor 10 Working Days prior to the start of any Work. If Contractor determines that the work being performed by the Agency or others may interfere with or cause damage to Work being performed by Contractor, notify the Engineer in writing within 3 Working Days of the Engineer’s notice.
3-14.2 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 with the performance of the Work and submit the plan to the Engineer for approval. The plan shall be fair and reasonabl e for Contractor and the Separate Contractors. Work with Separate Contractors to reach an agreement for the prepared plan. Arrange the performance of the work so that the Work and the work of the Separate Contractors are, to the extent applicable, properly integrated and jointed in a manner that avoids any damage to the Work or to the work of the Separate Contractors.
3-14.3 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 work. Connect and coordinate work and operations with the work and operations of the Agency and the Separate Contra ctors as required by the Contract Documents.

2. Coordinate traffic control with the Separate Contractors for other projects and minimize the impact to the community. Prior to the start of construction, submit Contractor’s plan for coordination.

3-14.5 Deficiency in Work of Separate Contractors.

1. If part of Contractor’s Work depends on proper execution or results upon construction or operations by the Agency or a Separate Contractor, prior to proceeding with that portion of the Work, promptly report to the Separate Contractor and the Engineer any a pparent 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

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disagreements. Contractor’s failure to report constitutes Contractor’s acceptance of the Work of Separate Contractors as fit, proper, and coordinated with the Work. 3-14.6 Payment.

1. Payment for reporting deficiencies, coordinating, and 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; service stations; publ ic transportation; pedestrian crossing; motels and establishments of similar nature. Access shall be continuous and unobstructed unless otherwise approved by the Engineer.

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

3. 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, removing, 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 nature, size and/or loc ation of utilities indicated on the Plans is not guaranteed.

5. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for thi s 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 function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff.

7. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish, and place the necessary protection at its expense.

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8. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for.

9. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located.

10. When placing concrete around or contiguous to any non -metallic utility installation, the Contractor shall at its expense:
a. Furnish and install a 2 -inch cushion of expansion joint material or other similar resilient material; or
b. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular space between the concrete and the utility; or
c. Provide other acceptable means to prevent embedment in or bonding to the concrete.

11. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s ope rations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system.

12. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place.” Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of Work necessitating such removals.

13. When feasible, the owner is responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of Work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Contract Documents. Utilities which are relocated to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of Work necessitating such relocation.

14. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered, or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid.

15. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such Work shall be included in the Bid for the items of Work necessitating such Work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.

16. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as nec essary between the

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meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid and will include the restoration of all existing improvements which may be affected by the relocation . The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement.

17. Contractor shall coordinate the Work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the Work and adjacent to the location where such utility structures are shown on the Plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of Work affected by the utility. If such temporary omission is approved by the Engineer, the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer.

18. The Contractor shall notify the Engineer of its Construction Schedule insofar as it affects the protection, removal, or relocation of utilities. The notification shall be included as a part of the Construction Schedule. The Contractor shall notify the Engineer in writing of any subsequent changes in the Construction Schedule which will affect the time available for protection, removal, or relocation of utilities.

19. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed.

20. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing the Work correctly shown on the Plans.

21. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities.

22. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible or for delays attributable to interferences, relocations, or alterations not covered by the Contract Documents. These damages for delay will be determ ined by the Engineer. The Agency shall not be liable for damages which could have been avoided by the judicious handling of forces, equipment, or plant. These avoidable damages will be determined by the Engineer. The Engineer may grant Contractor an extens ion of time for damages due to delay.

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23. When necessary, the Contractor shall so conduct its operations as to permit access to the Work Site and provide time for utility work to be accomplished during the progress of the Work.
4-2 INSPECTION
4-2.1 General
ADD the following:

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

2. Materials typically accepted by Certificate of Compliance shall not require inspection at the source unless specified in the Contract Documents. For a list of these items or materials, Contractor may refer to the Summary of Work.

3. Location changes to the source of materials requiring inspection without the required 24 - hour notification may result in non -compliant material subject to rejection. Contractor shall be responsible for staff charges resulting from last minute changes or cancellations once staff has been deployed. The Engineer shall issue a deductive Field Order for a minimum of 2 hours of staff time to reimburse the Agency for misdirected staff charges. The Contractor shall be notified in writing of the additional staff charges incurred.

4. Agency staff or a qualified inspection agency approved by the Engineer shall witness all welding, lining, coating, and testing. Contractor shall 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 certified 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, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the Work or materials incorporated in the Work sh all not relieve Contractor 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 additional inspection costs of the Engineer including lodging, meals, and incidental expenses based on Federal Per Diem Rates, along

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with travel and car rental expenses. If the manufacturing plant operates a double shift, a double shift shall be figured in the inspection costs.
a. At the option of the Engineer, full time inspection shall continue for the length of the manufacturing period. If the manufacturing period will exceed 3 consecutive weeks, Contractor shall incur additional inspection expenses of the Engineer’s supervisor for a trip of 2 Working Days to the site per month.
b. When the Engineer elects Agency staff or Consultant s to perform out -of-town inspections, the wages of staff employed by the Agency shall not be part of the additional inspection expenses paid by Contractor.
c. Federal Per Diem Rates can be determined at the location below:
https://www.gsa.gov/portal/content/104877

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

Quality Control and related testing shall be performed to all applicable specified U S 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 Contractor

1. Contractor shall employ and pay for the services of a qualified inspection agency to perform specialty inspection services as required by the Contract Documents.

2. The payment for the specialty inspection service Work shall be included under the Bid item for “Specialty Inspection Paid For By the Contractor.”

3. When an Allowance Bid item for “Specialty Testing Under the Direction of the Engineer” is provided, Contractor shall employ and pay for the services of a qualified third party independent laboratory to perform the required testing. Contractor shall be reim bursed for the cost of testing under this Bid item.

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

1. Except as specified in these Special Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.

2. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such

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materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sour ces. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work and shall be removed from the Project Site all at the Contractor’s expense.

3. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. The tests may be made at any place along the Work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-4 TRADE NAMES
ADD the following:

1. Whenever materials or equipment are indicated in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function, and quality required.

2. Unless stated otherwise, materials or equipment of other suppliers may be accepted if sufficient information is submitted to the 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 substitution proposal before the Bid due date, the substitution proposal shall be deemed denied. b. Contractor may bring forward a substitution proposal after Award that was denied based on the Engineer’s failure to respond by submitting a Cost Reduction Proposal in accordance with 2-6.1, “Cost Reduction Proposal.”

4. Include the following information in the request for substitution:
a. Whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents to adopt the design to the proposed substitute. b. Whether or not incorporation or use of the substitute in connection with the Work is subject to the payment of any license fee or royalty.
c. All variations of the proposed substitute from the items originally specified shall be identified.
d. Available maintenance, repair, and replacement service requirements. The manufacturer shall have a local service agency within 50 miles (80.5 km) of the Site which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours.
e. Certifications from the manufacturer or service provider that the proposed substitute shall perform the intended function adequately under the expected service conditions, achieve the results called for by the general design, and be similar and of equal substance to that indicated.

5. There is no guaranteed time frame for the Engineer’s review of the substitution requests. Any lack of action on the Engineer’s side within Contractor’s requested time does not constitute acceptance of the substitution.

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6. If, in the opinion of the Engineer, substitute items are determined to be unsatisfactory in performance, appearance, durability, compatibility with existing equipment or systems, availability of repair parts and suitability of application, the Contractor s hall 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 quality of any such substitute product, material or equipment shall be upon Contractor. The Engineer may require at Contractor’s expense additional data about the proposed substitute.

8. Acceptance by the Engineer of a substitute item does not relieve Contractor of the responsibility for full compliance with the Contract Documents. If the Engineer takes no exceptions to the proposed substitution, it shall not relieve Contractor from Contra ctor’s responsibility to the efficiency, sufficiency, quality, and performance of the substitute material or equipment in the same manner and degree as the material and equipment specified by name.

9. The Bid submittal shall be based on the material and 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, installed, or utilized without the Engineer’s prior written approval.

11. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, a vailability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency.

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

1. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and prohibitions against discrimination, harassment, and retaliation. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations.

2. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations.

3. The Contractor’s attention is directed to Labor Code Section 1776 which imposes responsibility upon the Contractor for the maintenance, certification, and 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 materials, such as borrow pits or gravel beds, for use in the proposed construction Project which would be subject to Fish and Game Code

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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 copy of each weekly payroll reflecting the wages containing all of Contractor’s and Subcontractors’ employees engaged in the Work and a statement of compliance signed under penalty of perjury. 5-3.4 Hours of Labor
ADD the following:

1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 AM and 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 weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the stated 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 th e prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 5-4 INSURANCE
5-4.1 General.

ADD the following:

1. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damage to property which may 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 meet 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 operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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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 the Contract, used onsite or offsite, whether owned, non -owned or hired, and whether sched uled or non-scheduled.
iii. Workers’ Compensation and Employers’ Liability Insurance : Workers’ compensation limits as required by the Labor Code and Employers’ Liability limits of $1,000,000 per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City.
b. Additional Provisions: Contractor shall ensure that the policies of insurance required under this Contract with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions.
i. The Agency, its officials, employees and volunteers must be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officials, employees or volunteers. All additional insured 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 primary insurance as respects the Agency, its officials, employees and volunteers. Any insurance or self - insurance maintained by the Agency, its officials, employees or volunteers shall be in excess of the Contr actor's insurance and 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 insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
c. Notice of Cancellation. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after 10 Calendar Days’ prior written notice has been sent to the Agency by certified mail, return receipt requested. d. Deductibles and Self -Insured Retention (S.I.R.) Levels. Any deductibles or self - insured retention levels must be declared to and approved by the Agency. At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the Agency, its officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses.

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e. Waiver of Subrogation. All policies of insurance required under this Contract shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the Agency or any of its officials or employees. f. Subcontractors. Contractor shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. Coverages for Subcontractors shall be subject to all of the requirements stated in these Agency Supplemental General Provisions (00 73 00). g. Acceptability of Insurers. Insurance must be placed with insurers that have a rating in Best’s Key Rating Guide of at least A -:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as eviden ced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy No. 70.
h. Verification of Coverage. Contractor shall furnish the Agency with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and 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 and minimum limits indicated below unless the Risk Manager or City Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor’s indemnification obligations under this Contract.

Agency, its officers, agents, and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Contract are adequate to p rotect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor’s sole expense. The full limits available to the named insu red shall also be available and applicable to the Agency as an additional insured.
j. Cost of Insurance. The Cost of all insurance required under this Contract shall be included in the Contractor’s Bid.
5-6 PATENTS FEES AND ROYALTIES.

DELETE in its entirety and SUBSTITUTE with the following:

1. Contractor shall pay, at no additional cost to the Agency, all applicable royalties and license fees arising from the Work. Contractor shall indemnify and defend all claims and lawsuits for infringement of patent, trademark, and copyright against the Agency and shall hold the Agency harmless from any loss.
5-7 SAFETY
5-7.1.1 General.

ADD the following:

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1. When conducting grading or excavation, place Contractor’s name and emergency telephone number adjacent to the Work at intervals and locations approved by the Engineer. The method of posting shall be approved by the Engineer.

2. The Contractor shall respond and initiate corrective action in accordance with OSHA and within 24 hours of the notice of the nonconforming Work that poses an imminent threat to person or property.

3. The Contractor shall erect and properly maintain at 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 fea tures 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 limit Contractor’s liability nor to assume that the Agency, its employees, or designees shall assume any of Contractor’s liability associated with Site safety considerations.

2. Contractor shall have a HSP in effect at least 1 week prior to the commencement of the Work.

The HSP shall comply with all OSHA and other applicable requirements.

3. The HSP shall specifically address procedures and protocols that shall be followed to monitor for or respond to the presence of hazardous atmosphere, possibility for engulfment, gasses due to organic soils or proximity to landfills, exposure to hazardous products such as may be released when grinding, cutting, or torching galvanized or painted surfaces or asbestos containing materials, contaminated soil, and groundwater. Identify 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
5-7.7.1 General.

DELETE in its entirety and SUBSTITUTE with the following:

1. Security and protective devices shall consist of fencing, railing, steel plates, or other devices for the protection of workers or the public from hazards posed by open excavations or any work in progress. Security and protective devices shall remain in pl ace until the Work is accepted.

2. Unless otherwise specified, no separate or additional payment will be made for security and protective devices. Payment shall be included in the Contract price for the various Bid items requiring such devices.

ADD 5-8 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

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1. Contractor agrees to defend, indemnify, and hold harmless Agency, its affiliated and subsidiary entities, and its elected and appointed officials, officers, directors, managers, employees and agents (“Indemnified Parties”) from and against all claims asserted, liability established, or judgments for damages or injuries to any person or property, including to Contractor’s officers, employees, agents, or subcontractors, arising directly or indirectly out of the Work, which arise from, are connected with, or are caused or claimed to be caused by the acts or omissions of Contractor, its officers, employees, agents or subcontractors.

Contractor’s duty to defend , indemnify, and hold harmless shall not include any claims or liabilities arising from the sole ne gligence or sole willful misconduct of the Indemnified Parties. Contractor further agrees that its duty to defend includes all attorney fees and costs associated with enforcement of this indemnification provision, defense of any claims arising from this Contract, and, where a conflict of interest exists or may exist be tween Contractor and Agency, the reasonable value of attorney fees and costs if Agency chooses, at its own election, to conduct its own defense or participate in its own defense of any claim related to this Contract.

2. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to the Award of the Contract to Contractor, and Contractor will pay all costs, including defense costs for the Agency. Defense costs include the cost of separate counsel for the Indemnified Parties, if the Indemnified Parties request separate counsel.

3. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to the Award of the Contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs f or the Agency. Defense costs include the cost of separate counsel for the Indemnified Parties , if the Indemnified Parties request separate counsel.

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

ADD 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 relationships. Project personnel shall not accept gratuities or any other favors from Subcontractors or potential Subcontractors.

2. Contractor is subject to all federal, state, and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices (Government Code Sections 1090 et. seq. and 81000 et. seq., the Agency’s Ordinances, and the City of Carlsbad Municipal Code). If, in performing the Work, Contractor make s or participate s in a “governmental decision” in accordance with Title 2, Section 18701, subdivision (a)(2) of the California Code of Regulations, or perform s the same or substantially all the same duties for Agency that would otherwise be performed by an Agency employee holding a position specified in the Agency’s conflict of interest code, Contractor shall be subject to a conflict of interest cod e

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requiring the completion of 1 or more statements of economic interests disclosing Contractor’s relevant financial interests.

3. Statements of economic interests shall be made on Fair Political Practices Commission Form 700 and filed with the City of Carlsbad’s City Clerk. Contractor shall file a Form 700 (Assuming Office Statement) within 30 Calendar Days of the Agency’s written determination that Contractor shall be subject to a conflict of interest code and file a Form 700 (Annual Statement) on or before April 1st disclosing any financial interests held during the previous calendar year for which Contractor was subject to a conflict of interest code.

4. If the Agency requires Contractor to file a statement of economic interests as a result of the Work performed, Contractor shall be considered a n “Agency Official” for conflict of interest purposes, including the prohibition against lobbying the Agency for 1 year following the expiration or termination of the Contract.

5. Contractor’s personnel employed on the Project shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. Contractor shall not recommend or specify any product, supplier, or other Contractor with whom Contractor has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies.

6. If Contractor violates any conflict of interest laws or any of these conflict of interest provisions, the violation shall be grounds for immediate termination of this Contract. Further, the violation subjects Contractor to liability to the Agency for all damages sustained as a result of the violation.

ADD 5-10 ELECTRONIC COMMUNICATION

1. When specified in the Contract Documents, Contractor shall post all communications addressed to the Engineer concerning construction including RFIs, submittals, daily logs, and transmittals to the Project management website established for the Project. The Contractor shall maintain a list of scheduled activities including planned and actual execution dates for all major construction activities and milestones defined in the approved Schedule. The Contractor shall review and act on all communications addressed to the Contractor in the Project management website. A user’s guide to the Project management system may be available on the City’s website and shall be provided to Contractor at the Pre -construction Meeting.

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

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:

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1. Payment for the initial creation and monthly maintenance of the Construction Schedule shall be included in the Contract Price and no separate payment will be made, therefore. The approval of each monthly payment application will be made following the Engineer’s approval of the updated monthly schedule update for that month. Such approval shall require that necessary edits from previous monthly schedules 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 of the Work in a manner satisfactory to the Agency, Contractor shall remove such Subcontractor immediately upon written request of the Agency and shall request approval of a replacement Subcontractor to perform the Work in accordance with the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, § 4100 et seq.) at no added cost to the Agency.

ADD 6-2.1 Order of Work.

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

2. For construction and demolition operations within an actively public space (such as on north side or south side of building), the Contractor shall submit a phasing plan to the Engineer to accommodate accessibility to the public and Agency staff. Phasing plan must be approved before Work starts. Phasing plan will be considered part of the mobilization Bid item and shall include any revisions or implementation of the Plan.

ADD 6-2.2 Moratoriums.

1. When moratorium periods are specified in the Special Provisions, Contractor shall stop Work and completely demobilize all construction related activity, equipment, and materials within the stated limits prior to the beginning of the moratorium periods at no additional cost to the Agency. The Contractor shall complete any Work that has been started prior to the start of the moratorium.

2. Contractor shall restore and clean the Site prior to each moratorium. The Contractor shall not leave equipment, materials, or traffic control on the Site during the moratorium periods.

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

3. The payment for complying with moratorium requirements shall be included in the Contract Bid. Contractor shall not be entitled to any additional costs for repeated mobilization and demobilization to continue the Work after the moratorium periods. 6-3 TIME OF COMPLETION
6-3.1 General.

ADD the following:

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1. Unless otherwise specified in the Contract, the time of completion of the Contract shall be expressed in Working Days.

2. The number of Working Days specified for the walk-through, preparation, and the completion of Punchlist items until acceptance shall be included in the stipulated Contract Time.

3. The Contractor shall obtain the written approval of the Engineer to perform any Work outside of normal Work hours. This approval must be obtained at least 48 hours prior to commencement of such Work. The Contractor shall pay any additional costs for inspection or testing of such Work.

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

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

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 using the CPM Schedule. No other scheduling method shall be used to calculate the Project’s schedule. 6-4.2 Extensions of Time.

DELETE in its entirety and SUBSTITUTE with the following:

1. The Contract Time shall be modified only by Change Order.

2. Contractor shall immediately submit to the Agency a written request for a Change Order to modify the Contract Time, but in no event later than 1 Working Day after the occurrence and discovery of the events giving rise to the request. Contractor shall include in Contractor’s request a general description of the basis for and the estimated length of any extension and submit supporting data, includin g a time impact analysis setting forth the claimed Critical Path impacts to the Construction Schedule consistent with Section 1.14 (Change Orders, Delays, and Extensions of Time).

3. The Engineer shall not grant an extension of Contract Time unless Contractor demonstrates, through an analysis of the critical path, the following:
a. The event causing the delay impacted the activities along the Project’s critical path. b. The increases in the time to perform all or part of the Project beyond the Contract Time arose from unforeseeable causes beyond Contractor’s control and without Contractor’s fault or negligence.
c. All Project float has been used.

4. The Construction Manager shall document the CPM justified Contract Time extension. If Contractor does not agree with this document, Contractor shall submit to the Engineer for

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review a written protest supporting Contractor’s objections to the document within 15 Working Days after receipt of the weekly document. Contractor’s failure to file a timely protest shall constitute Contractor’s acceptance of the 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 written request and report of cause within 24 hours will be considered grounds for refusal by the Agency to consider such request.

2. The Contractor shall provide written notice to the Engineer within 2 hours after the beginning of the delay, or when the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each Working Day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each worker and supervisor and the make and model of all equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore.

3. The request for payment or extension must be made at least 15 Calendar Days prior to the specified completion date. Failure by the Contractor to provide notices and reports as specified in the Contract will be considered grounds for refusal by the Agency to consider such request.
6-7 TERMINATION OF THE CONTRACT FOR DEFAULT
6-7.1 General.

DELETE in its entirety and SUBSTITUTE with the following:

1. Prior to the Acceptance of the Work, Contractor shall be found in default of the Contract if:
a. Contractor becomes insolvent, assign Contractor’s assets for the benefit of Contractor’s creditors, are unable to pay Contractor’s debts as they become due, or are otherwise financially unable to complete the Work.
b. Contractor abandon s the Work by failing to report to the Site and by failing to diligently execute the Work to completion.
c. Contractor disregards written instruction from the Engineer or materially violates provisions of the Contract Documents.
d. Contractor fails to execute the Work according to the Schedule approved by the Engineer.
e. Contractor disregards laws or regulations of any public body having jurisdiction.

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f. Contractor commits continuous or repeated violations of regulatory or statutory safety requirements.
6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE.

DELETE in its entirety and SUBSTITUTE with the following:

1. At any time, the Agency may at its sole discretion terminate this Contract in whole or in part.

If the Agency decides to terminate this Contract for convenience, the Agency shall issue a written notice of termination for convenience . Upon receipt of this notice, Contractor shall immediately proceed as follows:
a. Stop Work immediately or in accordance with the Notice of Termination. b. Notify Subcontractors and Suppliers to immediately cease their Work and place no further subcontracts for materials, services, or facilities except as necessary to complete any authorized continued portion of the Contract. c. Terminate all subcontracts to the extent that they relate to the Work terminated. d. With approval by the Engineer, settle all outstanding obligations arising from the termination of subcontracts. This approval shall be final for the purposes of this section.
e. As directed by the Engineer, transfer and deliver completed or partially completed drawings, plans, calculations, specifications, and any other documents and records that, if the Contract had been completed, would be required to be furnished to the Agency.
f. Complete the performance of the Work not terminated. g. Take all necessary steps and actions to minimize all costs to the Agency as a result of the termination.
h. Take any action that may be necessary or that the Engineer may direct for the protection and preservation of the property related to the Contract that is in Contractor’s possession and in which the Agency has or may acquire an interest. 6-8.1 Termination Cost.

1. The Agency shall determine and pay Contractor the fair and reasonable amounts for Contractor’s termination cost as follows:
a. The Contract Price for completed services accepted by the Engineer not previously paid or adjusted for any saving of freight and other charges. b. The fair and reasonable cost of settling and paying termination settlements for terminated subcontracts that are chargeable to the terminated portion of the Contract.
c. The Agency shall pay Contractor a prorated amount of profit for Work that Contractor performed. The Agency shall not pay for lost profit on Work that was not performed by Contractor.
6-8.2 Termination Settlement.

1. After termination, Contractor shall submit a final termination settlement proposal to the Engineer no later than 3 months from the effective date of termination, unless extended in writing by the Engineer.

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2. If Contractor fails to submit the proposal within the time allowed, the Agency may determine and pay the fair and reasonable amount that may be due Contractor as a result of the termination. If Contractor does not agree that the amount determined by the Engineer is fair and reasonable, Contractor must notify the Engineer within 30 Calendar Days of receipt of payment.
6-8.3 Determination of Amount Due the Contractor.

1. In determining the amount due Contractor, the Agency shall deduct the following:
a. The fair value of property destroyed, lost, stolen, or damaged that has become undeliverable to the Agency.
b. Any claim which the Agency has against Contractor under the Contract. 6-8.4 Records and Documents Relating to Termination.

1. The Engineer will file an Agreement of Mutual Rescission of Contract with the Board. Once the Agreement is executed and a Notice of Completion is recorded, retention can be released.

2. Unless otherwise specified or required by statute, Contractor shall maintain all records and documents relating to the terminated portion of the Contract for 3 years after final settlement. This includes all books and other evidence bearing on Contractor’s costs, expenses, and settlement under the Contract. Contractor shall make these records and documents available to the Agency, at Contractor’s office, at all reasonable times, without any direct charge. If approved by the Engineer, Contractor may maintain photographs, microphotographs, and other authentic reproductions instead of original records and documents.
6-8.5 The Agency’s Right to Terminate or Suspend for Loss of Project Funds.

1. The Agency may terminate or suspend the Contract at its sole discretion if the State of California or its agents render the funds being used to fund this Project unavailable. If the Agency chooses to suspend the Contract, that suspension shall last until f unds are identified and approved by the Board, whichever is appropriate, to be used to complete this Project. If the Agency elects under this provision to terminate the Contract, then neither Party is entitled to compensation from the other Party for any c osts arising from such termination.

The Agency may also elect to terminate after invoking a suspension under this provision. 6-9 LIQUIDATED DAMAGES
DELETE in its entirety and SUBSTITUTE with the following:

1. Contractor’s failure to complete the Work within the time allowed shall result in damages being sustained by the Agency. Such damages are, and shall continue to be, impracticable and extremely difficult to determine. For each consecutive Working Day in excess of the time specified for the completion of the Work, as adjusted in accordance with 6 -4, “DELAYS AND EXTENSIONS OF TIME,” Contractor shall pay to the Agency, or have withheld from monies due it, the sum described in the table below, along with any oth er damages that may be sustained by the Agency during the Project, unless otherwise specified in the Special Provisions.

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2. The execution of the Contract shall constitute agreement between Contractor and the Agency that the liquidated damage amount described in the table below is the value of the damage caused by Contractor’s failure to complete the Work within the allotted time. Such sum shall not be construed as a penalty and may be deducted from Contractor’s payments if such delay occurs.

Contract Value Liquidated Damage Daily Amount
Less than $100,000 $1,000
$100,000 and more $2,500

3. Any progress payments made to Contractor after the specified completion date shall not constitute a waiver of payment for damages sustained by the Agency under this section.

ADD 6-10 RIGHT TO AUDIT
6-10.1 General.

1. The Agency retains the right to review, audit, reasonably access Contractor’s and all Contractor’s Subcontractor’s premises to review and audit Contractor’s compliance with the provisions of the Contract. This includes the right to inspect, photocopy, and retain copies, outside of Contractor’s premises, of all records with appropriate safeguards if such retention is deemed necessary by the Agency in its sole discretion. The Agenc y will keep this information in strictest confidence.

2. Contractor shall include the Agency’s right to audit in its subcontracts and ensure that these specifications are binding upon all Subcontractors.
6-10.2 Audit.

1. The right to audit includes the right to examine any and all books, records, documents, and any other evidence of procedures and practices that the Agency determines is necessary to discover and verify that Contractor are in compliance with all requirement s under the Contract.

2. If there is a claim for additional compensation or for changes in Work, the right to audit also includes the right to verify all direct and indirect costs which are claimed to have been incurred, anticipated to be incurred, or for which a claim for additio nal compensation or for changes in the Work have been submitted.

3. Contractor shall maintain complete and accurate records in accordance with generally accepted accounting practices in the construction industry. Contractor shall also make available to the Engineer for review and audit all Project -related accounting record s and documents and any other financial data. Upon the Engineer’s request, Contractor shall submit exact duplicates of originals of all requested records to the Engineer. 6-10.3 Compliance Required Before Mediation and Litigation.

1. As a condition precedent to proceeding with mandatory mediation and further litigation under 2 -10.2, “Dispute Resolution Process” Contractor shall comply with the audit specifications within 60 Calendar Days of the Engineer’s notice to review and audit compliance.

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6-10.4 Access to Records on Federally Funded Projects.

1. Contractor shall retain all records, books, papers, and documents directly pertinent to the Contract for a minimum of 5 years after the Agency makes final payments and all other pending matters are closed and shall allow access to those records to the Agency, the Federal grantor agency, the Comptroller General of the United States, or any duly authorized representatives.

SECTION 7 – MEASUREMENT AND PAYMENT

7-2 LUMP SUM WORK
ADD 7-2.1 Schedule of Values (SOV).

1. Submit a SOV for the lump sum Bid items of the Work to the Engineer for review and approval at the pre-construction meeting. The total value for the work described in the contract documents shall be shown in the SOV with category totals reflective of those values presented in Section 00 41 00 BID FORM, Bid Schedule A (and B if provided) in the contract.

2. The SOV shall:
a) Subdivide the Work into its respective parts.
b) Include values for all items comprising the Work.

3. The Engineer is the sole judge of acceptable numbers, details, and description of values established. If, in the opinion of the Engineer, a greater number of SOV items than proposed by Contractor is necessary, add the additional items identified by the Eng ineer. When requested by the Engineer, provide substantiating data in support of the SOV.

4. The Contractor shall develop the SOV independently but simultaneously with the development of the Schedule activities and logic. Incorporate phase funding impacts, if applicable, into the Schedule.

5. The Contractor shall break down the Work not specifically included in the Bid as necessary for establishment of cost and Schedule activity.

6. The Contractor shall update and submit these listings in conjunction with the monthly Schedule update submittals.

7. The Contractor shall incorporate issued Change Orders or Field Orders in the Schedule into the SOV as single units identified by the Change Order or Field Order number.

8. Changes to the Schedule which add activities not included in the original Schedule but included in the original Work (schedule omissions) shall have values assigned as accepted by the Engineer. Other activity values shall be reduced to provide equal value adjustment increases for added activities as accepted by the Engineer.

9. In the event that the Contractor and the Engineer agree to make adjustments to the original SOV because of inequities discovered in the original accepted SOV, increases and equal decreases to values for activities may be made.

10. The payment for the preparation of the SOV shall be included in the Contract Price. 7-3 PAYMENT

7-3.1 General.

To paragraph (8), DELETE in its entirety and SUBSTITUTE with the following:

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If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money plus 25 percent due for such labor or materials will be withheld from payment in accordance with applicable laws. At the expiration of 30 Calendar Days from the date of recording the NOC, the amount deducted from the final estimate and retained by the Agency shall be paid to Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment.

ADD the following:

1. Unless specified otherwise, the Contract Price includes use, consumer, and other taxes mandated by applicable legal requirements. The Contract Price is not subject to adjustment for tax increases.

2. As provided in California Public Contract Code Section 7105, if the Contract is not financed by revenue bonds, Contractor is not responsible for the cost of repairing or restoring damage to the Project when damage was proximately caused by an Act of God, in excess of 5% of the Contract Price, if the following occur:
a. The damaged portion of the Project was built in accordance with the Contract requirements.
b. There are no insurance requirements in the Contract for the damages.

3. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the Notice of Completion.
7-3.2 Partial and Final Payment.

To paragraph (5), DELETE in its entirety and SUBSTITUTE with the following:

Pursuant to Public Contract Code Section 22300, Contractor shall have the option, at Contractor’s expense, to substitute for any money withheld by the Agency, securities equivalent to the amount being withheld. Securities eligible for such substitution are bank or savings and loans certificates of deposit or such securities which are eligible for investment pursuant to Government Code Section 16430. As to any such security or securities so substituted for monies withheld, Contractor shall be the beneficial owner of same and shall receive any accrued interest.

Such security shall, at Contractor’s request and expense, be deposited with the Agency or with a State or Federally Chartered bank as the escrow agent who shall pay such monies to Contractor upon notification by the Engineer that payment can be made. Such notification shall be given at the expiration of 30 Calendar Days from the date of NOC, or as prescribed by law, provided however, that there shall be a continued retention of the necessary securities t o cover such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained.

ADD the following:

1. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid

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item and Change Order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate.

The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all Contract Bid items and Change Order items.

If the Contractor submits a written statement with supporting documents within 30 Calendar Days from receipt of the Final Payment Estimate, the Engineer will review the disputed item within 30 Calendar Days and make any appropriate adjustments on the Final Payment.

Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 2-10.1.1, Initiation of Claim.

The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.

2. Final Payment and release of Retention shall be paid after Contractor submits the following:
a. An affidavit that payrolls and bills for materials, equipment, and other indebtedness connected with the Work for which the Agency or the Agency’s property might be responsible for or encumbered by. Fewer amounts withheld by the Agency shall have been paid for or otherwise satisfied.
b. A certificate evidencing that insurances required by the Contract Documents shall remain in force after Final Payment is currently in effect and shall not be canceled or allowed to expire until at least a 30 Calendar Days prior written notice has been given to the Engineer.
c. Consent of Surety to Final Payment.
d. If required by the Engineer, other data establishing payment or satisfaction of obligations such as receipts, releases and waivers of liens, claims, and security interests or encumbrances arising out of the Contract Documents. If a Subcontractor refuses to furnish a release or waiver required by the Agency, Contractor may furnish a bond satisfactory to the Engineer to indemnify the Agency against such lien. e. If required in the Contract Documents, the successful completion and submittal of the required reports such as construction demolition, waste recycling, and hydrostatic discharge reports.

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f. Required documentation, record drawings, operations manuals, test reports, warranty documentation, and UL labels shall be submitted before requesting the release of retention.

ADD 7-3.2.1 Application for Progress Payment.

1. Using Application for Payment Form provided by Engineer, and by the 5th day of each month, sign, fill out, and submit to the Engineer a partial payment estimate that identifies acceptable Work performed during the previous month, or since the last partial payment estimate was submitted. If requested by the Construction Manager, provide such additional data as may be required to support the payment estimate. Such data may include submission of signed field orders and satisfactory evidence of payment for equipment, materials, and labor, including payments to Subcontractors and Suppliers.

2. Monthly schedule updates must be submitted for Engineer’s approval on monthly basis also and payment application approval will be contingent on schedule update approval.

3. Each month, the Engineer will make an approximate measurement of the Work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on completed Contract and Change Order Work. Progress payments shall be made no later than 30 Calendar Days after the closure date. Five Working Days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s review. Should the Contractor assert that additional payment is due, the Contractor shall within 10 Calendar D ays of receipt of the progress estimate, submit adequate justification supporting the amount of supplemental payment request to the Engineer. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than 7 Calendar Days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. Consistent with Public Contract Code Section 20104.50, the Agency shall make payments within 30 Calendar Days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within 30 Calendar D ays after receipt by the Engineer, then the Agency shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Code of Civil Procedure Code Section 685.010.

4. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid item and Change Order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be s ubject to correction in the Final Payment Estimate.

5. The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the

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statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all Contract Bid items and Change Order items.

6. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 Calendar Days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 2 -10, Disputed Work.

7. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.

8. Progress payments shall be signed, and the date of the invoice shall be the date that the invoice is submitted.

9. The Agency shall not pay progress or partial payments until Contractor submits to the Engineer an updated Schedule. It is solely the Contractor’s responsibility to prepare and submit the Schedule updates.

10. Disputed or incorrect applications shall be returned to the Contractor within 7 Calendar Days with documentation describing the reason for the rejection of the payment request.

ADD 7-3.2.2 Amount of Progress Payments.

1. If an undisputed and properly submitted application for payment is received by the Engineer, the Agency shall pay Contractor within 30 Calendar Days after the Engineer receives the application for Payment consistent with Public Contract Code Section 20104.50. The Agency shall pay Contractor for the Work performed, including the payment for offsite stored materials per section 7-3.3.1.2, through the period covered by the application for payment if the payment amount before Retention does not exceed the percentage of completion of the Work as set forth in the SOV.

ADD 7-3.2.3 Waiver of Claims at Final Payment.

1. Contractor’s acceptance of Final Payment constitutes a waiver of affirmative claims by Contractor, except those previously made in writing and identified as unsettled at the time of Final Payment, which are expressly reserved by Contractor from operation of its Release of Claims pursuant to Public Contract Code Section 7100 or other Applicable Law.

ADD 7-3.2.4 Withholding of Payment and Back Charge.

1. The Engineer may withhold payment for any of the following reasons:
a. Defective or incomplete Work.
b. Stop notices, wage orders, or other withholdings required by Applicable Law. c. Contractor’s failure to comply with 5 -3.3, “Payroll Records” and the Contractor Registration and Electronic Reporting System requirements of the Contract Documents.
d. Failure to submit monthly Construction Schedule updates.

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2. The Engineer may back charge the Contractor for any of the following reasons:
a. Defective or incorrect Work not remedied.
b. Damage to Agency property or a third party’s property that was caused by Contractor. c. Liquidated Damages.
d. Non-attendance at meetings without prior cancellation notice. e. Lack of monthly schedule updates incorporating noted edits from previous monthly schedule updates.
f. Failed inspections or re-inspections paid by the Agency. 7-3.3 Delivered Materials
ADD 7-3.3.1 Payment for Stored Materials on Site.

ADD 7-3.3.1.1 General.

1. When authorized, Contractor may request payment for materials and equipment which has not been incorporated into the Work but will be at a later date and will be delivered and stored at the Project Site within the month payment is requested.

2. The material shall meet the Contract requirements and the material’s required test results and certifications shall be filed with the Engineer.

3. Only non-perishable materials for major items of Work or Materials Subject to Price Adjustment shall be considered for payment for on -site storage. However, each individual item has a value of more than 1% of the Contract Price and shall become a permanent part of the Work.

4. Materials cost shall be evidenced by the manufacturer’s paid invoice bearing the statement that Contractor has paid all invoices in full.

5. The payments for the stored materials shall not exceed the invoice price or 60% of the Bid prices for the pay items into which the materials are to be incorporated, whichever is less, unless otherwise approved by the Engineer.

6. Apply for the payment for materials stored on a form provided by the Engineer and attach documentation to show the following:
a. The amount paid on the invoice (or other record of production cost) for the stored items.
b. The dollar amount of the material incorporated into each of the various Work items for the month.
c. The amount that should be retained for stored materials. d. That Contractor has received the materials and equipment free and are clear of all liens, charges, secured interests, and encumbrances.
e. That the materials and equipment are covered by the appropriate property insurance in accordance with the insurance provisions and other arrangements that protect the Agency’s interest.

7. Contractor shall provide the Engineer, upon request and prior to any partial payment, documentation which transfers full legal title to such materials to the Agency conditional only upon receipt of the Final Payment. Such transfer of title or any partial p ayment shall not constitute acceptance by the Agency of the materials, nor shall it void the right to reject materials subsequently found to be unsatisfactory in accordance with SECTION 4 – CONTROL

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OF MATERIALS. This shall also not relieve Contractor of any obligation arising under the Contract Documents.

8. The payments for materials on-site are subject to retention as set forth in 7-3.2, “Partial and Final Payment.”

9. Contractor shall assume all risks associated with the loss or damage to the stored products for which payment has or has not been received.

10. Equipment and materials shall be stored in accordance with manufacturer’s recommendations. The stored products shall be in a form ready for installation. The Agency shall not pay for raw materials or parts and pieces of equipment.

11. Any and all surplus materials that are not incorporated in the Work shall become Contractor’s property at no additional cost to the Agency.

12. Unless specifically provided in the Contract, payment for the materials on hand shall not be included when determining the percentage of Work completed.

13. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery.

The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency.

ADD 7-3.3.1.2 Payment for Stored Materials Offsite.

1. The payment of materials and equipment delivered and stored offsite in a bonded warehouse shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipment warranties for the benefit of the Agency.

2. The Agency reserves the right to refuse approval for the payment of any equipment or materials suitably stored offsite in its sole discretion, regardless of whether all conditions in the Contract Documents have been met.

3. Partial payment may be made for products eligible for offsite delivery and storage only upon Contractor’s presentation of a bill of sale, a paid invoice, or an affidavit certifying that the material is received by the Contractor free and clear of all liens, encumbrances, and secured interest of any kind including offsite delivery.

4. Partial payment for products delivered and stored offsite shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipme nt warranties for the benefit of the Agency.

5. The cost of materials and equipment delivered but not incorporated into the Work will not be included in the progress estimate.

6. Costs associated with the delivery to and storage at an offsite bonded facility shall be at Contractor’s expense regardless of the Engineer’s approval to deliver and store the materials.

7. Contractor shall provide written evidence to the Engineer of having made arrangements for unrestricted access by the Agency and the Agency’s authorized representatives to the materials wherever stored, including provisions for the Agency to take control and possession of such materials at any time and without restriction. Contractor shall furnish the Engineer a

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permit of entry, from the owner of the property, for at least 6 months after the NOC has been filed. The permit of entry shall contain information similar to the following:

PERMIT OF ENTRY: Permission is granted to the Agency and its designated employees or agents to enter upon the property described in this permit for a period of not less than 6 months after the NOC has been filed for Carlsbad EOC Reconfiguration Project for the purpose of removing materials for which advance materials on hand payment has been made to (Contractor’s Name). The property is owned by (Owner’s Name) and is described as follows: (Address and Description of Property). (Include signature(s) and date(s) for owner and lessee or purchaser, and, if appropriate, attach a copy of a warehouse receipt or contract for storage.

8. The material shall be clearly marked and identified as being specifically fabricated, produced, and reserved for use on the Project. The Contractor shall provide payment documentation for the materials.
7-3.4 Mobilization.

ADD the following:

1. Mobilization consists of Work necessary for the movement of personnel, equipment, supplies, and incidentals to and from the Site; for establishment of all offices, buildings, storage yards, and other facilities necessary for the Work; and for all other Wor k and operations which shall be performed prior to beginning the Work and after completion of the Work on the various Contract items on the Site.

2. Contractor shall properly design the Project parameters to incorporate construction mobility for moving on and off the Site in a manner that limits disturbance to the surrounding residences, businesses, and any other citizens. This includes the designated staging areas, loading areas, and assemblage areas. Contractor shall consider and address access rights of the public at all times. Prepare a mobilization plan that shall describe and govern Contractor’s mobilization activities.

3. When a Bid item has been provided for “Mobilization,” payment for mobilization Work shall be distributed equally over the first 2 progress payments up to the Bid amount of the “Mobilization” Bid item but shall not exceed 3% of the Contract Price. If Contractor’s Bid item for “Mobilization” exceeds 3% of the Contract Price, then anything above 3% of the Contract Price shall be paid as a part of the Final Payment.

4. The complete dismantling and removal of all of Contractor’s properties, temporary facilities, equipment, materials, construction wastes, and personnel at the Site referred to as demobilization is included in the payment for mobilization, unless there is a Bid item for demobilization.

5. If a separate Bid item has not been provided for mobilization, the payment for mobilization is included in the Contract Price.

ADD 7-3.9 Field Orders. Not Used

00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: April 17, 2024 Document Version: 1.0 Current Update: October 2022

7-4 PAYMENT FOR EXTRA WORK
7-4.1 General.

ADD the following:

1. With every request for payment, Contractor shall submit to the Engineer a breakdown showing monthly and cumulative amounts of the Work performed under the Change Order by Contractor and Contractor’s Subcontractors. The reporting format shall be approved by the Engineer.

2. When the price for the Extra Work cannot be agreed upon, the Agency will pay for the Extra Work based on the accumulation of costs.
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor.

ADD the following:

1. The costs of labor will be the actual cost for wages of workers performing the Extra Work at the time the Extra Work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacatio n, apprenticeship funds, and other direct costs, resulting from federal, state, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements.

2. The use of a labor classification which would increase the Extra Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such cos ts are not included in the invoice for equipment rental. The labor cost for foremen shall be proportionate to all their assigned work and only that applicable to Extra Work will be paid.

3. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 7-4.2.1(1).

4. The Agency reserves the right to request the following:
a. Financial records of salaries for an employee.
b. Wage rates/Certified Payroll.
c. Bonuses and deductions.

5. Contractor shall list the labor rates of its personnel and Subcontractors who work on the Project. The payment for payroll records is included in the Contract Price.

6. If Contractor’s proposal for Extra Work is based upon services and Work to be performed outside Normal Working Hours, the labor charges associated with the Extra Work shall consist of straight time wages and burdens plus the appropriate overtime or shift p remium with no additional burdens, such as fringe benefits, on the premium portion.

7-4.2.3 Tool and Equipment Rental.

DELETE in its entirety and SUBSTITUTE with the following:

1. No payment shall be made for the use of tools which have a replacement value of $200 or less.

00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: April 17, 2024 Document Version: 1.0 Current Update: October 2022

2. Regardless of ownership, the rates and delay factors to be used in determining equipment rental costs shall not exceed those listed in the latest edition of the Caltrans publication entitled “Labor Surcharge and Equipment Rental Rates” preceding the date t he Work is accomplished. The latest edition of the Caltrans publication is available at www.dot.ca.gov.

The delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and Subcontractors, if any. The labor surcharge rates published therein are not a part of this Contract.

3. Contractor shall be entitled to a rental rate adjustment when Contractor can substantiate that the rental rates prevailing locally exceed the published rates by more than 15%. For equipment not listed in the Caltrans publication, rental rates shall not exc eed listed rates prevailing locally at equipment rental agencies or distributors at the time the Work is performed.

4. Whenever possible, Extra Work shall be accomplished using equipment available on Site or owned by Contractor. If a specific piece of equipment shall be rented to be used exclusively for the Extra Work, the rental rate shall be the invoiced rate. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the Extra Work shall be included.

5. If rental equipment is not being used or used intermittently and could be returned to its rental source rather than holding it at the Work Site, the Contractor shall return the equipment at no expense to the Agency unless Contractor elects to keep it at the Work Site at Contractor’s expense.

6. The reported rental time for equipment already at the Work Site shall be the duration of its use on the Extra Work. This time shall begin when equipment is first used on Extra Work, plus the time required to move it from its previous site and back or from its previous site to a closer site.

7. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used.
7-4.2.5 Invoices.

Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report.
7-4.3 Markup.
7-4.3.1 Work by the Contractor.

DELETE in its entirety and REPLACE with the following:

The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits:

Labor 20
Materials 15

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Equipment Rental 15
Other Items and Expenditures 15
To the sum of the costs and markups provided for in this section, 1 % shall be added as compensation for bonding.
7-4.3.2 Work by a Subcontractor.

DELETE in its entirety and REPLACE with the following:

When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such Work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the Extra Work and a markup of 5 percent on Work added in excess of $5,000 of the subcontracted portion of the Extra Work may be added by the Contractor.

7-4.4 Daily Reports.

ADD the following:

Payment for Extra Work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.

When the price for the Extra Work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day , and other services and expenditures when authorized. Payment for Extra Work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.

Failure to submit the daily report by the close of the next Working Day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to e xplain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor.

The report shall:

1. Show names of workers, classifications, and hours worked.

2. Describe and list quantities of materials used.

3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable.

4. Describe other services and expenditures in such detail as the Agency may require.

END OF SECTION

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: April 17, 2024 Document Version: 1.0 Current Update: October 2022

SECTION 2
01 41 26 PERMIT REQUIREMENTS
PART 1 GENERAL

1.01 WORK COVERED BY CONTRACT DOCUMENTS
a. The Contractor is responsible to obtain all local, state and federal permits and licenses required to perform the Work. Payment for obtaining and complying with permits and licenses including, but not limited to, general construction permits, building permits, grading permits, encroachment permits, haul route permits, excavation permits, drilling permits, water discharge permits, temporary easements, licenses, inspection fees, and Federal, State and local taxes shall be borne by the Contractor and shall be included in prices Bid for Work for which such costs are appurtenant. b. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, permits required for sewage bypass pumping or discharge; Night Work; overload; blasting or demolition or for any permit related to the operation of equipment used in such Work.
c. The Contractor shall obtain and pay for all permits for the disposal of all waste or surplus materials removed from the Project. The cost of the permit(s) shall be included in the price for the Bid items requiring the permits and no additional compensation will be allowed for them.
d. The Contractor shall provide a copy of the permit or license to the Agency prior to performing the Work requiring the permit or license.
e. Contractor shall pay for all fees applicable to Contractor’s operations. f. Contractor shall not begin Work until all permits applicable to the Work are obtained.

Permits shall be maintained in valid status until acceptance of the Work by the Agency. g. The Contractor shall pay all business taxes or license fees that are required for the Work.

1. To the extent that there is a change in the type or cost of any permits, fees, licenses, or inspections after Contract award, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions.

2. The Contractor shall comply with and give notices required by Applicable Laws.

The Contractor is not entitled to damages or additional payment for delays attributable to the acquisition of permits.

3. The Contractor shall pay the Agency for regulatory fees, fines, or penalties imposed on the Agency arising from the Contractor’s failure to complete the Work in accordance with the Contract Documents.
h. The Contractor shall obtain, pay for, and comply with required permits, licenses, work permits, and authorizations from appropriate agencies, including the following:

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1. Licenses
i. Before submitting Bids, Contractors shall be licensed in accordance with provisions of Chapter 9, Division 3, of the Business and Professions Code. ii. City of Carlsbad Business License.
i. The Agency will obtain for the Contractor, the following:

1. CEQA Notice of Exemption

2. NEPA documents

3. City of Carlsbad Building Permit

01 50 00 TEMPORARY FACILITIES CONTROLS Date Printed: April 17, 2024 Document Version: 1.0 Current Update: October 2022

01 50 00 TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL

1.01 PAYMENT

1.03 WATER
a. Water in reasonable amounts required for and in connection with the Work to be performed will be furnished at existing fire hydrants by Agency without charge to Contractor. Contractor shall furnish necessary pipe, hose, nozzles, and tools and shall perform all necessary labor. Contractor shall make arrangements with the appropriate water department (who will fix the time, rate, and duration of each withdrawal from the distribution system) as to the amount of water required and the time when the water will be needed. Unnecessary waste of water will not be tolerated. Special hydrant wrenches shall be used for opening and closing fire hydrants. In no case shall pipe wrenches be used for this purpose.
b. All water required for and in connection with the Work to be performed will be furnished by Agency in the vicinity of the Site without charge to Contractor, provided:
a. Contractor shall procure such water in the location and in the manner designated by Engineer.
b. Contractor at its own expense shall make authorized connections and provide means for delivering the water to the Site.
c. Contractor shall provide adequately against waste and needless use of water.

1.04 POWER
a. Contractor shall provide all power for heating, lighting, operation of Contractor's plant or equipment, or for any other use by Contractor. Temporary heat and lighting shall be maintained until the Work is accepted.
b. Construction Operations. Each Contractor shall provide all power for operation of its plant and equipment, or for any other use, except building heating and lighting. All building heating and lighting shall be provided under Contract.
c. Temporary Lighting and Heating. Contractor under Contract shall provide temporary heat and light for all buildings, to protect the Work and maintain suitable working conditions.

Temporary heat and light shall be maintained until Work under Contract has bee n accepted by Agency.
d. When operational, the permanent heating and ventilating system and the permanent lighting system shall be used by Contractor under Contract to provide temporary heat and light. Before use of the permanent heating and ventilation system in the building, Contractor shall install a filter with MERV of 8 at each return air grille in the system and remove the filter at end of construction.
e. Temporary heat shall be provided when the temperature falls below 50 °F (10°C) and as otherwise required to maintain reasonable working conditions and protect all Work,

01 50 00 TEMPORARY FACILITIES CONTROLS Date Printed: April 17, 2024 Document Version: 1.0 Current Update: October 2022

materials, and equipment against damage from dampness or cold, to dry out the structure, or to maintain proper conditions for the installation and curing of materials. f. Heating equipment and fuels shall be suitable for the particular purpose and shall include adequate safety devices. Combustion type heaters shall not be used without proper venting nor in areas where such equipment might introduce a hazard. Heat from Owner's existing facilities shall not be used.
g. All enclosed areas shall be ventilated (using forced -draft equipment when necessary) as required to maintain proper conditions for workers and the Work and to avoid any accumulation of hazardous dust or fumes.
h. Power for heating, lighting, and operation of Contractor's plant and equipment in connection with the Work to be done under this Contract shall be provided by Agency without charge to Contractor, subject to the following conditions:

1. The existing heating system at each location will remain in operation and may be utilized by Contractor to the extent available.

2. Existing lighting systems at each location may be utilized by Contractor to the extent available. Any necessary additional or temporary lighting systems shall be provided by Contractor at no additional cost to Owner.

3. Power will be available at existing power panels at the locations indicated on the Drawings.

4. Power will be available at 120 volts, 60 Hz, single phase and 240/ 480 volts, 60 Hz, 3 phase.

5. Contractor at its own expense shall make authorized connections to the existing power sources and shall extend temporary service lines to the required areas.

Temporary wiring shall conform to Article 305 of the NEC.

6. Contractor shall at all times provide adequately against waste and needless use of power. Electrical power shall be used only in such quantities as will not interfere with Owner's requirements, and care shall be taken not to overload the existing facilities. Contractor shall provide any additional or temporary electrical power or power of other voltages it may require for prosecution of the Work. i. These provisions shall not be construed as a guarantee by Agency of the uninterrupted continuation of power, and interruptions beyond the control of Agency shall not be reason for claims for additional costs nor for extensions of time. Contractor shall provide, at no additional cost to Agency, any necessary power required for prosecution of the Work during such interruptions.

1.05 SANITARY FACILITIES
a. Contractor shall furnish temporary sanitary facilities at the Site, as provided in the Contract, for the needs of all construction workers and others performing Work or furnishing services on the Project.
b. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If

01 50 00 TEMPORARY FACILITIES CONTROLS Date Printed: April 17, 2024 Document Version: 1.0 Current Update: October 2022

toilets of the chemically treated type are used, at least 1 toilet will be furnished for each 20 persons. Contractor shall enforce the use of such sanitary facilities by all personnel at the Site.

1.06 VOICE AND DATA SERVICES (Not used)

1.07 CONSTRUCTION AIDS
a. Contractor shall furnish, install, maintain, and operate all construction aids required by it and its Subcontractors in the performance of the Work, except as otherwise provided in the Contract.
b. Contractor under Contract shall provide construction aids necessary for the performance of Work by other Contractors on the Project. Such construction aids shall be suitable for conditions encountered and shall include:

1. Elevators and hoists

2. Cranes

3. Temporary enclosures

4. Swing staging

5. Scaffolding

6. Temporary stairs
c. Construction aids shall be furnished without charge to the other Contractors, and all necessary erection, maintenance, and operating personnel shall be included. In the event of conflict, the Contractor furnishing the equipment shall determine priorities in the best interest of the Project.
d. The use of any plant equipment, whether furnished and installed under this Contract or not, including elevators, shop cranes, heating, ventilating, air conditioning, and plumbing fixtures, shall be only with Agency's written permission.

1.08 MAINTENANCE OF TRAFFIC
a. Contractor shall conduct its Work to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, Contractor shall provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel, and shall give reasonable notice to owners of private drives before interfering with them. Such maintenance of traffic will not be required when Contractor has obtained permission from the Agency and tenant of private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point.

1.09 BARRICADES AND LIGHTS (Not Used)

1.10 FENCES (Not Used)

1.11 PROTECTION OF PUBLIC AND PRIVATE PROPERTY
a. Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by its construction operations. All pavement, surfacing, driveways, curbs, walks, buildings,

01 50 00 TEMPORARY FACILITIES CONTROLS Date Printed: April 17, 2024 Document Version: 1.0 Current Update: October 2022

utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. Al l replacements shall be made with new materials.
b. No trees shall be removed outside the permanent easement, except where authorized by the Engineer or Consulting Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parking lots when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. c. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materi als, or workers to or from the Work Site or any part of it, whether by Contractor or its Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged prop erty concerning its repair or replacement or payment of costs incurred in connection with the damage.
d. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times.

1.12 DAMAGE TO EXISTING PROPERTY
a. Contractor will be held responsible for any damage to existing structures, Work, materials, or equipment because of its operations and shall repair or replace any damaged structures, Work, materials, or equipment to the satisfaction of, and at no additional cost to, Agency.
b. Contractor shall protect all existing structures and property from damage and shall provide bracing, shoring, or other work necessary for such protection. c. Contractor shall be responsible for all damage to streets, roads, curbs, sidewalks, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property, which may be caused by transporting equipment, materials, or workers to o r from the Work Site. Contractor shall make satisfactory and acceptable arrangements with the agency having jurisdiction over the damaged property concerning its repair or replacement.

1.13 TREE AND PLANT PROTECTION (Not Used)

1.14 SECURITY
a. Contractor shall be responsible for protection of the Site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons.

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b. No claim shall be made against Agency by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Agency’s property resulting from Contractor's failure to provide security measures as specified. c. Security measures shall be at least equal to those usually provided by Agency’s to protect Agency’s existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, watchman services, and other measures as required to protect the Site.

1.15 ACCESS ROADS (Not Used)

1.16 PARKING
a. Contractor shall provide and maintain suitable parking areas for the use of all workers and others performing Work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere w ith public traffic, Agency’s operations, or construction activities.

1.17 NOISE CONTROL
a. Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound - muffling devices and operated in a manner to cause the least noise consistent with efficient performance of the Work.
b. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct its operations to avoid unnecessary noise which might interfere with the activities of building occupants.

1.18 DUST CONTROL
a. Contractor shall take reasonable measures to prevent unnecessary dust. Selective demolition work subject to creating dust shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust.
b. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens.

1.19 TEMPORARY DRAINAGE PROVISIONS
a. Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the Site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the Site, and adjacent property. b. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacen t property

01 50 00 TEMPORARY FACILITIES CONTROLS Date Printed: April 17, 2024 Document Version: 1.0 Current Update: October 2022

(except in natural channels), to protect Agency’s facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding.

1.20 EROSION CONTROL
a. Contractor shall prevent erosion of soil on the Site and adjacent property resulting from its construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that will disturb the natural protection.
b. Work shall be scheduled to expose areas subject to erosion for the shortest possible time, and natural vegetation shall be preserved to the greatest extent practicable. Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion. Temporary fast-growing vegetation or other suitable ground cover shall be provided as necessary to control runoff.

1.21 POLLUTION CONTROL
a. Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities. No sanitary wastes shall be permitted to enter any drain or watercourse other than sanitary sewers.

No sediment, debris, or other substance shall be permitted to enter sanitary sewers, and reasonable measures shall be taken to prevent such materials from entering any drain or watercourse.

1.22 PEST CONTROL (Not Used)

1.23 RODENT CONTROL (Not Used)
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)

END OF SECTION