2024-06-25; City Council; 04; Approval of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for the Fleet Fuel Island Upgrade Project — Carlsbad City Council, June 25, 2024 (part 2 of 3)

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

Item Description Unit of
Measure
Unit
Price
Total Price

A-1 Mobilization (See Contract Section 2
paragraph 01 11 20 Measurement and
Payment)
LS N/A
A-2 General Provisions (including weekly clean
up, debris removal and monthly schedule
updates) billed monthly
Monthly N/A
A-3 Selective demolition LS N/A
A-4 Division 3 – Asphalt & Concrete work LS N/A
A-5 Division 5 – Metals/Canopy LS N/A
A-6 Division 10 – Specialties / Signage LS N/A
A-7 Division 11 – Equipment LS N/A
A-8 Division 26 - Electrical LS N/A
A-9 Division 27 - Communications LS N/A
A-10 Punchlist work scope and completion LS N/A $20,000 A-11 Closeout documents (complete with
warranties and Operations and Maintenance
manuals
LS N/A $15,000
A-12 Demobilization and site clean up LS N/A $20,000
A-13 Removal and Disposal of up to 24 CY of
contaminated soil (Disposal to
include: HAZWOPER workers/PPE/
Excavation/soil sampling & Analytical/
Manifesting and hauling to disposal site)*
CY
A-14 Allowance for Removal and Disposal of more
than 24 CY of contaminated soil (Disposal
to include: HAZWOPER workers PPE/
Excavation/soil sampling & Analytical/
Manifesting and hauling to disposal site).*
CY

* Excludes extra shoring, non-petroleum impacted waste, and encountering groundwater.

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

00 41 10 BID FORM Date Printed: June 3, 2024
Document Version: 1.0 Current Update: May 2023

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2. TOTAL BID PRICE

The undersigned agrees that this Bid Form constitutes a firm offer to the Agency which cannot be withdrawn for ninety (90) C alendar Days from and after the Bid opening, or until a Contract for the Work is fully executed by the Agency and the lowest responsible Bidder, whichever is late

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

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

The Undersigned agrees that in case of failure to execute the required Contract with necessary bonds and insurance policies within this time period, the Agency may pursue award ing the Contract to the next lowest responsible Bidder and the Bid Security of the lowest Bidder may be forfeited.

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

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

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

The TOTAL BID PRICE on Bid Schedule “A”:

Total Bid Price in Numbers: _________________
Total Bid Price in Written Form: __
__________________________________________________________________________ In case of discrepancy between the written price, the numerical price, or the price as submitted via the online bidding portal, the online bidding portal price shall prevail.

00 41 10 BID FORM Date Printed: June 3, 2024
Document Version: 1.0 Current Update: May 2023

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

The Undersigned Bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California and that this statement is true and correct and has the legal effect of an affidavit. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.

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

The Undersigned Bidder represents as follows:

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

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

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

Organized under the laws of the State of ________________________.

an individual
a partnership
a corporation

(Signatures continued on next page)

00 41 10 BID FORM Date Printed: June 3, 2024
Document Version: 1.0 Current Update: May 2023

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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:

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

1 Name under which
business is
conducted

______________________________________________________

2 Signature (given and
surname) of
proprietor

Printed/Typed Name

______________________________________________________

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

______________________________________________________

4 Telephone Number ______________________________________________________

5 Email ______________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 10 BID FORM Date Printed: June 3, 2024
Document Version: 1.0 Current Update: May 2023

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IF A PARTNERSHIP, SIGN HERE:

1 Name under which
business is
conducted

______________________________________________________

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

Printed/Typed Name

______________________________________________________

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

______________________________________________________

4 Telephone Number ______________________________________________________

5 Email ______________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 10 BID FORM Date Printed: June 3, 2024
Document Version: 1.0 Current Update: May 2023

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IF A CORPORATION, SIGN HERE:

1 Name under which
business is
conducted

______________________________________________________

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

Printed/Typed Name

______________________________________________________

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

______________________________________________________

4 Telephone Number ______________________________________________________

5 Email ______________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 10 BID FORM Date Printed: June 3, 2024
Document Version: 1.0 Current Update: May 2023

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List below names of president, vice president, CFO, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners:

Approved as to form this ___________________day of _____________________ 20_______.

______________________________________________
Attorney for Agency

END OF SECTION

00 43 10 BID BOND FORM Date Printed: June 3, 2024
Document Version: 1.0 Current Update: May 2023

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00 43 10 BID BOND FORM
(Note: This form is not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies Bid. In that case, use form 00 43 20 Bid Security)

NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade
CONTRACT NO.: PWS24-2282FAC

NAME OF BIDDER:

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

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

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

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

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

///

00 43 10 BID BOND FORM Date Printed: June 3, 2024
Document Version: 1.0 Current Update: May 2023

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

PRINCIPAL:

___________________________________
(Name of Principal)

By:

___________________________________
(sign here)

___________________________________
(Print name here)

___________________________________
(Title and Organization of Signatory)

Executed by SURETY

this ______day of ________________, 20____

SURETY:

_____________________________________
(name of Surety)

_____________________________________
(address of Surety)

_____________________________________
(telephone number of Surety)

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

_____________________________________
(printed name of Attorney-in-Fact)

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

END OF SECTION

00 43 20 BID SECURITY Date Printed: June 3, 2024
Document Version: 1.0 Current Update: May 2023

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00 43 20 BID SECURITY
(Note: This form is required when cash, certified check or cashier’s check, accompanies Bid. If Bid Bond is being provided, use form 00 43 10 Bid Bond)

NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade

NAME OF BIDDER:

Accompanying this proposal is a Certified / Cashier’s check payable to the order of the City of Carlsbad (“Agency”), in the sum of __________________________________________________ dollars ($___________________), this amount being 10% of the total amount of the Bid. The proceeds of this check shall become the property of the Agency, provided this proposal shall be accepted by the Agency through action of its legally constituted contracting authorities and the Undersigned shall fail to execute a Contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the Undersigned. The proceeds of this check shall also become the property of the Agency if the Undersigned shall withdraw his or her Bid within the period of 15 Calendar Days after the date set for the opening of the Bid , unless otherwise required by law, and notwithstanding the award of the Contract to another Bidder.

_______________________________________
BIDDER
Required Attachments:

Certified Check or Cashier’s Check

END OF SECTION

00 43 30 PROPOSED SUBCONTRACTORS FORM Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 43 30 PROPOSED SUBCONTRACTORS FORM
NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade

NAME OF BIDDER:

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

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

Attach additional pages as required.

(Signature of Bidder)

00 43 30 PROPOSED SUBCONTRACTORS FORM Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

Page 30 of 259 ends

Name of
Subcontractor
Location of
Business
CSLB
Contractor
License
No./ Exp
Date
DIR
Registration
Number /
Exp. Date
Type of Work
to be done by
Subcontractor
% of
Work
Amount of
Work by
Subcontractor
in Dollars*

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

END OF SECTION

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade
CONTRACT NO.: PWS24-2282FAC

NAME OF BIDDER:

1. INFORMATION ABOUT BIDDER

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

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

1. Type, if Entity:

2. Bidder Address:

a. Facsimile Number

b. Telephone Number

c. Email Address

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

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

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

a. Date of Incorporation:

b. State of Incorporation:

c. President’s Name:

d. Vice-President’s Name(s):

e. Secretary’s Name:

f. Treasurer’s Name:

g. CFO’s Name:

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

Page 32 of 259 ends

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

a. Date of Organization:

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

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

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

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

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

11. Within the last 5 years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract ? If so, attach a separate sheet of explanation:

12. List Trade References:

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

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

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

Page 33 of 259 ends

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

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

Page 34 of 259 ends

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

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

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

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

Page 35 of 259 ends

EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:

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

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

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

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

Page 36 of 259 ends

Additional Bidder’s Statements:

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

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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3. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

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

Name of Bidder:

Signature ________________________________________________________________

Name ______________________________________________________________________

Title ______________________________________________________________________

Date ______________________________________________________________________

END OF SECTION

00 45 10 NON-COLLUSION AFFIDAVIT Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 45 10 NON-COLLUSION AFFIDAVIT

NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade

NAME OF BIDDER:

Consistent with Public Contract Code Section 7106, t he undersigned declares:

I am the o f , t he
party making the foregoing Bid.

The Bid is not made i n the i nterest of, or on beh alf of, any undi sclosed per son, partner ship, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, dir ectly or indirectly, sought by agreement, communication, or co nference wit h anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of an y other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown of it, or t he contents of it, or divulg ed information or data relative to it, to any corporation , partnership, company, association, organization, bid deposit ory, or to any member or agent of these, to effectuate a co llusive or sham bid, and ha s not paid, and will not pay, an y person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, repr esents that he or she has ful l power to execute, and do es execute, this decl aration on behalf of t he Bidder.

I declare under pen alty of pe rjury under t he laws of t he State of California that t he foregoing is true an d correct, an d that this d eclaration is e xecuted ________________ 20 ____ at _______________ [city], _____ [state].

Signature

Name _________________________________

Title

END OF SECTION

00 45 15 IRAN CONTRACTING ACT CERTIFICATION Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 45 15 IRAN CONTRACTING ACT CERTIFICATION
NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade

NAME OF BIDDER:

As required by Public Contract Code Section 2204, the Contractor certifies subject to penalty of perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The Contractor is not:

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

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

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

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

Signature: Date:

Name: Title:

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

END OF SECTION

00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade

NAME OF BIDDER:

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

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

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

Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:

Bidder further certifies:

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

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

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

Signature: Date:

Name: Title:

END OF SECTION

00 45 25 CERTIFICATE OF INSURANCE Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 45 25 CERTIFICATE OF INSURANCE
NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade

NAME OF BIDDER:

Bidder must attach either of the following to this page.

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

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

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

END OF SECTION

00 45 30 STATEMENT REGARDING DEBARMENT Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 45 30 STATEMENT REGARDING DEBARMENT
NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade

NAME OF BIDDER:

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

YES
NO

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

__________________________________
party debarred

__________________________________
public agency

__________________________________
period of debarment

___________________________________
party debarred

___________________________________
public agency

___________________________________
period of debarment

BY CONTRACTOR:

By: __________________________________
(sign here)

___________________________________
(print name/title)

Page _____ of _____ pages of this Statement Regarding Debarment form

END OF SECTION

00 45 35 DISCLOSURE OF DISCIPLINE RECORD Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 45 35 DISCLOSURE OF DISCIPLINE RECORD
NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade

NAME OF BIDDER:

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

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

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

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

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

00 45 35 DISCLOSURE OF DISCIPLINE RECORD Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

Page 44 of 259 ends

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

(If needed attach additional sheets to provide full disclosure.)

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

(If needed attach additional sheets to provide full disclosure.)

BY CONTRACTOR:

By: __________________________________
(sign here)

__________________________________
(print name and title)

END OF SECTION

00 52 00 CONTRACT Date Printed: June 3, 2024
Document Version: 1.0 Current Update: May 2023

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00 52 00 CONTRACT
This Project No. 4747 (“Contract”) is made and entered into this ____________ day of ________________________________, 20___, by and between the City of Carlsbad (“Agency”) and ____________________________________ (“Contractor”), whose principal place of business is _______________________________________________________.

The parties agree:

1. SCOPE OF WORK.

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

NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade

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

2. TIME OF COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Agency’s Notice to Proceed. The Contrac tor shall complete all Work required by the Contract Documents within 365 calendar days from the commencement date stated in the Notice to Proceed. Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

3. CONTRACT PRICE.

The Agency shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions made in accordance with the Contract Documents, and including all applicable taxes and costs, the sum of ___________________________________ Dollars ($ _____________________________). Payment shall be made as set forth in the General Conditions.

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

4. LIQUIDATED DAMAGES.

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

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Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents.

5. CONTRACT DOCUMENTS.

The “Contract Documents” include the following:

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

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

6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

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

7. INDEMNIFICATION.

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

8. PREVAILING WAGES.

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

///

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NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

(CORPORATE SEAL)
CONTRACTOR City of Carlsbad

By: By:

(sign here)

[INSERT TITLE OF PERSON AUTHORIZED TO
SIGN]

(print name/title)
ATTEST:

By:

(sign here) for Sherry Freisinger
City Clerk
(print name/title)

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

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

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

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

00 61 10 LABOR AND MATERIALS BOND Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 61 10 LABOR AND MATERIALS BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:

WHEREAS, the City of Carlsbad ( “Agency”) has awarded to (“Principal,”) a Contract for the Work described as follows: Contract No PWS24-2282FAC, Project No. 4747, Carlsbad Fleet Fuel Island Upgrade (the “Project”) in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and

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

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

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

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This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. The Surety stipulates and agrees that this bond shall not be exonerated or released from the obligation of this bond by:

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

2. Any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or Work of improvement describe d above.

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

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

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

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

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

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Executed by PRINCIPAL this _________
day of _______________________, 20____.

PRINCIPAL:

____________________________________
(name of Contractor)

By:_________________________________
(sign here)

____________________________________
(print name here)

____________________________________
(title and organization of signatory)

Executed by SURETY this ____________ day
of _______________________, 20____.

SURETY:

____________________________________
(name of Surety)

____________________________________
(address of Surety)

____________________________________
(telephone number of Surety)

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

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

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

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

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:

WHEREAS, the City of Carlsbad ( “Agency”) has awarded to ________________ ( “Principal,”) a Contract for the Work described as follows: Contract No PWS24 -2282FAC, Project No. 4747, Carlsbad Fleet Fuel Island Upgrade (the “Project”) in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and

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

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

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

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

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

As a condition precedent to the satisfactory completion of the Work unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of 1 year after the acceptance of the Work by the Agency. During this 1-year period, if Contractor fails to make full, complete, and satisfactory repair and replacements and totally protect the Agency from loss or damage resulting from or caused by defective materials or faulty workmanship in connection

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with Contractor’s Work on the Project , the obligations of Surety under this bond shall continue so long as any obligation of Principal remains to the Agency. Nothing in this bond shall limit the Agency’s rights or the Principal’s or Surety’s obligations under the Contract, law or equity, including, but not limited to, Code of Civil Procedure Section 337.15.

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

i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents;

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

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

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

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

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

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

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00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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Executed by PRINCIPAL this _________ day of
________________________, 20___.

PRINCIPAL:
____________________________________
(name of Contractor)

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

Executed by SURETY this ____________ day
of ________________________, 20___.

SURETY:
____________________________________
(name of Surety)
____________________________________
(address of Surety)
____________________________________
(telephone number of Surety)

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

(attach corporate resolution showing current
power of attorney)

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

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 61 30 OPTIONAL ESCROW AGREEMENT
NAME OF PROJECT: Carlsbad Fleet Fuel Island Upgrade

NAME OF BIDDER:

This Escrow Agreement is made and entered into by and between the City of Carlsbad, Carlsbad, California, 92008 ("Agency"), whose address is
( "Contractor") and
whose address is
( "Escrow Agent").

Agency, Contractor and Escrow Agent agree as follows:

1. Pursuant Public Contract Code Section 22300, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Agency pursuant to the construction contract entered into between Agency and Contractor for the Carlsbad Fleet Fuel Island Upgrade in the amount of ___________ dated __________ ("Contract"). Alternatively, on written request of Contractor, Agency shall make payments of the retention earnings directly to Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Agen cy within 10 Calendar Days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract. Securities shall be held in Agency’s name and shall designate Contractor as the beneficial owner.

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

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

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

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

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

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

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

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

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

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

For Agency
(Finance
Director)

Title _________________________________________________________

Name
_____________________________________________________________

Signature
_____________________________________________________________

Address
_____________________________________________________________

For Contractor

Title
_____________________________________________________________

Name
_____________________________________________________________

Signature
_____________________________________________________________

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Address
_____________________________________________________________

For Escrow
Agent

Title
_____________________________________________________________

Name
_____________________________________________________________

Signature
_____________________________________________________________

Address
_____________________________________________________________

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

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

For Agency Title
______________________________________________________________

Name
______________________________________________________________

Signature
______________________________________________________________

Address
______________________________________________________________

For Contractor

Title
______________________________________________________________

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Name
______________________________________________________________

Signature
______________________________________________________________

Address
______________________________________________________________

For Escrow
Agent

Title
______________________________________________________________

Name
______________________________________________________________

Signature
______________________________________________________________

Address
______________________________________________________________

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: June 3, 2024 Document Version: 1.0 Current Update: May 2023

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00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS

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

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

When used in the Contract Documents, statements, or command phrases (active voice and imperative mood) refer to and are directed at the “Bidder” or “Contractor” as applicable. The specifications are written to the “Bidder” before award and the “Contractor” after award. Before award, interpret sentences written in the imperative mood as starting with “The Bidder shall .” Interpret the term “you” as “the Bidder” and interpret the term “your” as “the Bidder’s .” After award, interpret sentences written in the imperative mood starting with “The Contractor shall. ” Interpret the term “you” as “the Contractor” and interpret the term “your” as “the Contractor’s.” PART 1 GENERAL PROVISIONS
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND

SYMBOLS

GENERAL
ADD the following:

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

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

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

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

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

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

Where the words “approved,” “approval,” “acceptance,” or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended.

TERMS AND DEFINITIONS
Where applicable ADD/REPLACE the following:

1. Agency - The City of Carlsbad or the Carlsbad Municipal Water District, the o wner of the Project.

2. Agency Approval - Except where stated in this Contract to the contrary, the phrases “Agency approval,” and “Agency’s written approval” or such similar phrases shall mean approval by the City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District, which approval shall not be unreasonably withheld.

3. Agency Forces – City of Carlsbad or Carlsbad Municipal Water District employees who perform construction work.

4. Agency Supplement - 00 73 00 Agency Supplemental General Provisions; and 00 74 00 Agency Supplemental Technical Provisions.

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

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

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

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

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

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

11. Board – The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors for the Carlsbad Municipal Water District.

12. Business Day - See Working Day.

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

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

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

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16. City Engineer - The term “City E ngineer” is defined as the Transportation Director, or designee, and is the person authorized to perform the functions of the City Engineer as defined in Government Code Section 66416.5. The City Engineer is the City's "duly authorized officer" for the purposes of Public Contract Code Sections 4107 and 4107.5.

17. City Manager – The appointed official who directs the administration of the City of Carlsbad.

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

19. Construction Manager – The Project Inspector’s immediate supervisor and the Engineer’s designated representative for the first level of appeal for informal dispute resolution.

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

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

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

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

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

25. Critical Path – In the Construction Schedule, the sequence of activities that represents the longest path through the Project network of activities and the shortest possible Project duration.

26. Days – Days shall mean consecutive calendar days unless otherwis e specified in this Contract.

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

28. Delay Factor - The Delay Factor may be the basis for compensation for idle equipment time on an excusable delay. The factor has been calculated to include the ownership costs without including operating costs. The Delay Factor recovers all the Contractor’s non - operating costs in an 8-hour day. If payment is made for equipment on an excusable delay, it is limited to 8 hours per day or 40 hours per week maximum.

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29. Deputy City Engineer – The Engineering Manager of the Construction Management & Inspection Division and the Construction Manager’s immediate supervisor and the Engineer’s designated representative for the second level of appeal for informal dispute resolution.

30. Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager or Executive Manager on claims submitted by the Contractor. The City Manager for the City o f Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution.

31. Drawings - See Plans.

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

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

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

35. Executive Manager – The appointed official who directs the administration of the Carlsbad Municipal Water District.

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

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

38. Final Environmental Document - The CEQA and/or NEPA document issued for the Project, such as certified environmental impact reports, mitigated negative declarations (MNDs), negative declarations, or exemptions.

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

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

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

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

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

If any Holiday listed falls on a Saturday, the Saturday and the preceding Friday are both legal Holidays. If the Holiday falls on a Sunday, both Sunday and the following Monday shall be legal Holidays. Unless specified otherwise in the Contract Documents or authorized by the Engineer, do not work on Holidays.

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

44. Normal Working Hours - Unless specified otherwise, Normal Working Hour core periods shall be 7:00 AM to 5:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and Agency Holidays are excluded. For Traffic Control Permits, Normal Working Hours are defined as 7:00 AM to 3:30 PM, unless specified otherwise.

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

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

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

48. Prime Contractor - See Contractor.

49. Project Inspector – the Engineer’s designated representative for inspection, Contract administration and the first level for informal dispute resolution.

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

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

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

53. Quality Control Standards and Procedures - The standards and procedures that are stated in a written manual that can be furnished to the Engineer upon request. The

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standards and procedures are followed by the Supplier in the production of materials supplied for the Work Site.

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

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

56. Samples - Physical examples of the materials, equipment, or workmanship specified or required and which conform with the standards and specifications in the Contract Documents and by which the Work shall be evaluated.

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

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

59. Services - Work performed in connection with the layout, construction, testing, inspection, and commissioning of the Work or administration of the Contract and which may include professional services such as engineering, surveying, construction management and legal services that are required in accordance with the Contract Documents. Services are incidental to the Work.

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

61. Supplemental Provisions – See Agency Supplement.

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

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

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

64. Working Day - A ny day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than:
• Saturday;
• Sunday;
• any day designated as a holiday by the Agency;
• any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association;
• any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1; or

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• any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-

6.1. 65. Work Site - See Project Site (Site).

ABBREVIATIONS
1-3.2 Common Usage.

ADD the following:

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

CFR Code of Federal Regulations
CGP Construction General Permit
CIPM Cured-In-Place-Manhole
CL Centerline
CMS Content Management System Database
CNC Computer Numerical Control
CRI Color Rendering Index
CSA Canadian Standards Association
DBE Disadvantaged Business Enterprise
DCE Data Computer Equipment
DG Decomposed Granite
DVBE Disabled Veteran Business Enterprise
DWT Detectable Warning Tiles
EOW Engineer of Work
ESL Environmentally Sensitive Lands
ESO Electrical Service Orders
FRP Fiberglass Reinforced Plastic
GFE Good Faith Effort
GMT Greenwich Mean Time
GPS Global Positioning System
IDA International Dark Sky Association
IP Ingress Protection
LCD Liquid Crystal Display
LD Laser Diode
LER Luminaire Efficiency Rating
MBE Minority Business Enterprise
MDFT Minimum Dry Film Thickness
MHPA Multiple Habitat Planning Area
MH Manhole
MIL Military

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MJ Mechanical Joint
M&M Maintenance and Monitoring
MMC Mitigation and Monitoring Coordination
MOV Metal Oxide Varistor
NA Numerical Aperture
NC Not Connected, Normally Closed
NEPA National Environmental Policy Act of 1969
NEXT Near End Crosstalk
NCHRP National Cooperative Highway Research Program
NOC Notice of Completion
NPDES National Pollutant Discharge Elimination System
NTP Notice to Proceed
OC On Center
ODP Open Drip Proof
OFNR Optical Fiber Nonconductive Riser
OTDR Optical Time Domain Reflectometer
PB Pull Box
PCMS Portable Changeable Message Signs
PCU Photoelectric Control Unit
PEP Plant Establishment Period
PIC Polyethylene Insulated Cable
PL Property Line
RFP Request for Proposal
RFI Request for Information
RPMS Rubber Polymer Modified Slurry
SIC Standard Industry Classification
SMS Short Message Service
SMTP Simple Mail Transfer Protocol
SOW Statement of Work, Scope of Work
SOV Schedule of Values
SPDT Single Pole Double Throw
SSD Surge Suppression Devices
TDR Time Domain Reflectometer
TEES Transportation Electrical Equipment Specifications TFFN Thermoplastic Flexible Fixture Wire Nylon Jacketed TIG Tungsten Inert Gas
UF Underground Feeder
UPRR Union Pacific Railroad Company
VAC Volts AC
VPC Vitrified Polymer Composite
WBE Women Business Enterprise
1-3.3 Institutions.

ADD the following:

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AMTRACK American Track National Railroad Passenger Corp.

ANSI American National Standards Institute
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
ANSI American National Standards Institute
API American Petroleum Institute
AREA American Railway Engineering Association
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association
AWS American Welding Society
AWWA American Water Works Association
BNSF Burlington Northern Santa Fe Railway
DSD Development Services Department
FHWA Federal Highway Administration
GRI Geosynthetic Research Institute
IPCEA Insulated Power Cable Engineers Association
IES Illuminating Engineering Society (Photometric Data) ISO International Organization for Standardization
MTS San Diego Metropolitan Transit System
NACE National Association of Corrosion Engineers
NAFP National Association of Pipe Fabricators
NCTD North County Transit District
NEMA National Electrical Manufacturers Association
NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) NFPA National Fire Protection Association
PCI Prestressed Concrete Institute
SANDAG San Diego Association of Governments
SD&AE San Diego & Arizona Eastern Railroad
SDTI San Diego Trolley, Inc.

UL Underwriters’ Laboratories Inc.

USGS United States Geological Survey
UPRR Union Pacific Railroad Company
1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 Subcontractor Listing.

ADD the following:

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

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

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

“(a) The name and location of the place of business of each Subcontractor who will perform Work or Labor or render service to the prime Contractor in or about the construction of the Work or improvements, or a Subcontractor licensed by the State of California who, under Subcontract to the prime Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed Drawings contained in the Plans and Specifications, in an amount in excess of one-half of 1 percent of the prim e Contractor’s total Bid, or, in the case of Bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the prime Contractor’s total Bid or ten thousand dollars ($10,000), whichever is greater.”

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

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

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

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

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

All grants, covenants, provisions and claims, rights, powers, privileges and abilities contained in the Contract Documents shall be read and held as made by and with, and granted to and imposed upon, the Contractor, the Agency, and the Contractor’s and the Agency’s respective heirs, executors, administrators, successors, and assigns. 1-7.1.2 Waiver of Legal Rights.

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

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

3. Any waiver the Agency issues to any provision of the Contract shall only be effective if it is agreed upon in writing by the Agency and if it is specific to the matter concerned. 1-7.1.3 Requests for Information (RFI).

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

1. In accordance with subdivision (b) of Public Contract Code Section 7 103.5, the Contractor and the Contractor’s Subcontractors shall conform to the following requirements:
a. In entering into a public works c ontract or a subcontract to supply goods, services, or materials pursuant to a public works c ontract, the Contractor or the Contractor’s Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the public works c ontract or the subcontract.
b. This assignment shall be made and become effective at the time the awarding body tenders to the Contractor, without further acknowledgment by the Parties.
1-7.2 Contract Bonds.

ADD the following:

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

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

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

4. All bonds are to be placed with a Surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed its liabilities in an amount

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equal to or in excess of the amount of the bond. The bonds are to contain the following documents:
a. An original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so.
b. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.

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

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

6. If the Surety on any bond furnished by the Contractor is declared bankrupt, becomes insolvent, or its right to do business is terminated in any state where any part of the Project is located, immediately notify the Engineer; and immediately substitute anot her bond and Surety acceptable to the Agency.

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

ADD 1- 7.2.1 Payment.

1. If enumerated in the Contract Documents, the Bid item for “Bonds (Payment and Performance)” includes full compensation for actual costs of payment and performance bonds. The Contractor may submit a request for payment of actual invoiced costs up to the Bid amount, but not to exceed 2.5% of the Contract Price, no less than 10 Working Days after the award of the Contract.

2. If enumerated in the Contract Documents, if the Bid item for “Bonds (Payment and Performance)” exceeds actual invoiced costs, any such differential amount up to the Bid amount shall be paid as a part of the Final Payment.

SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
ADD the following:

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

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

2. In accordance with the provisions of California Law, the Contractor shall possess or require the Contractor’s Subcontractor(s) to possess valid appropriate license(s) for the Work being performed as conveyed in the Bidding Documents.
2-2 PERMITS
DELETE in its entirety and SUBSTITUTE with the following:
2-2 PERMITS, FEES, AND NOTICES

1. The Contractor shall obtain and pay for all business taxes, business licenses, permits, and fees required for constructing the Project and licenses and inspections necessary for the

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proper execution and completion of the Work, unless specified otherwise in the Contract Documents.
a. Resource Agency Permits. [insert when applicable]
b. To the extent that there is a change in the type or cost of any of such permits, fees, licenses, or inspection occurring after Award of Contract, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions.
c. 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.
d. 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.

2. Contractor shall not begin work until all permit’s incidental to the Work are obtained. This includes, and is not limited to, encroachment, right-of-way, grading and building permits necessary to perform Work for this Contract on Agency property, streets, or other rights- of-way. Permits for night work, overload, blasting, demolition, and disposal of all materials removed from the Project are also Contractor’s responsibility.

3. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the Project. The cost of the permit(s) shall be included in the price Bid for the appropriate Bid item and the Agency shall not pay additional compensation for Contractor to obtain such permits.

4. Permits shall be maintained in valid status until acceptance of the Work by the Agency. 2-2.1 Building Permits.

1. The Contractor shall obtain the required building permits from Agency’s permitting departments. Any prior approval obtained for the Plans shall not in any way waive this requirement.

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

3. The payment for procuring Building Permits shall be included in the Allowance Bid item for “Building Permits.” If no such Bid item is included in the Bid Schedule, payment shall be included in the various Bid items and no additional payment shall be made. For this project, the building permit is on file for the contractor to pick up from the City’s Development Services Department.
2-2.2 Caltrans Encroachment Permit.

1. Unless specified otherwise, the Agency has applied for the Caltrans Encroachment Permit. a. The Contractor shall pay for and secure the permit prior to construction. b. The Contractor shall arrange and pay for inspection as required by Caltrans.

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2. The Contractor is solely responsible for permit processing delays to the Contract Time that result from incomplete or inaccurate information provided by the Contractor to the Agency or Caltrans.

3. When applicable, the payment for procuring Caltrans Encroachment Permits including any inspection fees shall be included in the allowance Bid item for “Caltrans Encroachment Permit.” If no such Bid item is included in the Bid schedule, payment shall be inc luded in the various Bid items and no additional payment shall be made. 2-3 RIGHT-OF-WAY
ADD the following:

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

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

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

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

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

ADD the following:

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1. The Contractor shall furnish, install, maintain, and remove all temporary utility services, such as light, power, electrical, gas, and water, at its own expense for construction and maintenance activities until acceptance of Work. These include piping, wiring, lamps, and other equipment necessary for the Work.

2. The Contractor shall obtain a construction meter for water used for the construction, testing, disinfection and flushing of new water or sewer facilities, vegetation establishment and maintenance, site maintenance, landscaping, cleanup, and all other work requiring water.

The Contractor shall contact the water agency that serves the Project Site for requirements.

3. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter, and any, and all, other charges, deposits and/or fees. The costs shall be considered incidental to the items of Work that they are associated with and no additional payment will be made for them.

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

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

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

ADD the following: 2- 6.1 Cost Reduction Proposal.

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

2. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the Project such as service life, economy of operation, ease of maintenance, quality, desired appearance, or design and safety standards.

3. The following information must be included in the cost reduction proposal:
a. A description of both the existing Contract requirements for performing the Work and the proposed changes.
b. An itemization of the Contract requirements that shall be changed if the proposal is adopted.
c. A detailed estimate of the cost of performing the Work under the existing Contract and under the proposed change.
d. A statement of the time within which the Engineer shall act on the cost reduction proposal.
e. The Contract items of Work affected by the proposed changes, including any quantity variation attributable thereto.

4. This subsection does not require the Engineer to consider any cost reduction proposal. The Agency shall not be liable to the Contractor for not approving or acting upon any cost reduction proposal the Contractor submitted nor for any delays to the Work attributable to the cost reduction proposal.

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5. If a cost reduction proposal is similar to the information included in the Contract Documents or adopted by the Agency after the advertisement and prior to Award of the Contract, the Engineer will not accept such proposal and reserves the right to make such changes without compensation to the Contractor under the provisions of this subsection.

6. The Contractor shall continue to perform the Work in accordance with the requirements of the Contract until a Change Order incorporating the cost reduction proposal has been issued.

7. The Engineer is the sole judge of the acceptability of a cost reduction proposal and the estimated net savings. In determining the estimated net savings, the Agency has the right to disregard the Contract Bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of the Work to be performed or to be deleted.

8. The Agency reserves the right to require the Contractor to share in the Agency’s costs of investigating the Contractor’s cost reduction proposal. When this is required, the Contractor shall indicate the Contractor’s acceptance in writing allowing the Agenc y to deduct amounts payable to the Contractor.

9. If the Engineer accepts the Contractor’s cost reduction proposal in whole or in part, the Engineer shall issue a Change Order to incorporate the changes in the Plans and Specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect. If the Engineer’s approval is conditional, the Change Order shall include any conditions upon which the Engineer’s approval is based.

10. The Change Order also includes the estimated net savings in the cost of performing the Work due to the accepted cost reduction proposal and provides that the Contract cost be adjusted by crediting the Agency with 50% of estimated net savings amount.

11. The Contract Time shall not be extended by the acceptance of the cost reduction proposal and the performance of the Work unless specified otherwise in the Change Order.

12. The amount specified as payable to the Contractor in the Change Order is full compensation for the cost reduction proposal and the performance of the Work.

13. The Agency expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Agency when it determines that the proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal shall be eligible for compensation subject to this subsection, and in that case, only for contracts awarded prior to submission of the accepted cost reduction proposal.

14. The cost reduction proposals identical or similar to previously submitted proposals shall be eligible for consideration and compensation under the provisions of this subsection if the identical or similar previously submitted proposals were not adopted for general application to other contracts administered by the Agency.

15. Subject to the provisions contained in the Contract, the Agency or any other public agency shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor.

16. The Contractor shall bear all costs to revise bonds for the Project to include the cost reduction incentive proposal work.

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2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 General.

ADD the following:

1. The Agency may change the Plans, Specifications, character of the Work, or quantity of Work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written s upplemental agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order.

2. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in Contract Time of completion, and when negotiated prices are involved, and shall provide for the Contractor’s signature indicating acceptance.

3. Unless expressly set forth in writing in a Change Order signed by the Agency and the Contractor, changes initiated by the Agency shall not be construed as the Agency directing the Contractor’s mean-and-methods in the execution of the Work.

2-7.2 Payment- Contract Unit Prices - not used.

1. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the Work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price.

2. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual q uantity of the item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 2-7.3 or 2-7.4 as appropriate.

3. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the Work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 2-7.6. 2-7.3 Payment – Increases of More than 50 Percent.

1. Should the actual quantity of an item of W ork covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2 -8. The Extra Work per Section 2 -8, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 2-7.4 Payment – Decreases of More than 50 Percent
Should the actual quantity of an item of Work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an

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adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2-8; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 2-7.5 Stipulated Unit Prices – not used.

Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Supplemental General Provisions.
2-7.6 Agreed Prices.

Agreed Prices are prices for new or unforeseen Work, or adjustments in Contract Unit Prices per Section 2 -7.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance with Section 2 -8, except as otherwise specified in Sections 2 -

7.3 and 2-7.4.
2-7.7 Schedule of Values.

Before construction, Contractor shall provide a schedule of values for all lump-sum Bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of Change Orders to the Project.
2-7.8 Eliminated Items.

Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned, and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used in this Agency Supplement, shall be computed on the basis of Extra Work per Section 2-8. 2-8 EXTRA WORK
ADD the following:

1. New or unforeseen Work will be classified as “Extra Work” when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices.

2. Any request by the Contractor for Extra Work shall be in writing to the Engineer and shall include itemized estimates and in accordance with Section 7 -4. The Contractor shall fully itemize the Extra Work cost estimates such as labor and payroll costs, quantities, crew

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composition, production rates, material costs, Subcontractor and Supplier costs, equipment costs, supplemental costs, and time impact.
2-9 CHANGED CONDITIONS
ADD the following:

The Contractor shall promptly notify the Engineer of the following Work Site conditions (“Changed Conditions”), in writing, upon their discovery and before they are disturbed:

1. Subsurface or latent physical conditions differing materially from those represented in the Contract;

2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and

3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

The Engineer will promptly investigate conditions which appear to be Changed Conditions. If the Engineer determines that conditions are Changed Conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to Section 6-4.2.

If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees.

The Contractor’s failure to give notice of Changed Conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection with them.

1. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a Change Order, or for the occurrence of any event or other cause, unless the Contractor shall have first given the Engineer written notice of potential claim as specified in this Section 2-9. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6 -4.2(4) Extensions of Time, nor to any claim th at is based on differences in measurement or errors of computation as to Contract quantities.

2. The Contractor shall provide the Agency with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and the nature of any and all costs involved within 20 Working Days of the date of service of the written notice of potential claim for Changed Conditions. Verbal notifications will not be accepted.

3. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12656.

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“The undersigned certifies that the above statements are made in full awareness of the California False Claims Act, Government Code Sections 12650 -12656. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the Agency’s proposed final estimate for it to be further considered.”

By: Title:

Date:

Company Name:

4. The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit proof of its actual costs to the Engineer within 20 Working Days after the affected Work is completed. Failure to do so shall be cause to deny any later -filed claim regarding a potential claim described in this Section 2-9.

5. The intent of this Section 2 -9 is to have differences between the parties arising under the Contract brought to the attention of the Engineer at the earliest possible time so that such matters can be settled, if possible, or other appropriate action promptly taken. 2-10 DISPUTED WORK
ADD 2- 10.1 Claims.

2. A Claim shall conform to these specifications and may be considered after the Agency has previously denied a request by the Contractor for a Change Order seeking the demanded relief.

3. The Contractor shall submit a Claim to the Engineer if a dispute occurs that arises from or relates to the Contract. The Claim shall seek all relief to which the Contractor asserts the Contractor is entitled as a result of the event(s) giving rise to the dispute. The Contractor’s failure to process a Claim in accordance with these specifications shall constitute a waiver of all relief associated with the dispute. Claims are subject to 6-10, “Right to Audit.”

4. The Contractor shall continue to perform the Services and Work and shall maintain the Schedule during any dispute proceedings. The Engineer will continue to make payments for undisputed Services and Work.

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

6. Except for those final payment items disputed in the written statement required in Section 7-3.2, all Claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 7-3.2 shall be submitted

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no later than 30 Calendar Days after receipt of the Final Payment estimate. No Claim will be considered that was not included in this written statement, nor will any Claim be allowed for which written notice or protest is required under any provision of this Contract , including Sections 2 -9 Changed Conditions, 2 -10 Disputed Work, 4 -1(22) Protection, 6- 4.4 Written Notice and Report, or 6 -4.2(4) Extensions of Time, unless the Contractor has complied with notice or protest requirements.

7. The Engineer will consider Contractor’s filed Claims, which must be detailed enough so the Engineer can determine the basis and amount of the Claims. Contractor shall provide the Engineer additional information to determine the facts or contentions involved in a Claim if requested by the Engineer. If additional information is needed, Contractor must provide Engineer with this information within a reasonable time of being asked for additional information. Failure to submit such information and details will be sufficient cause for denying the Claims.

8. Payment for Claims shall be processed by the next payment application of their resolution for those Claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 2-10, Disputed Work, for those Claims remaining in dispute. 2-10.1.1 Initiation of Claim.

1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price, Contract Time, or other relief associated with a dispute arising under or relating to the Contract, including a breach of any provision of the Contract. A voucher, invoice, payment application or other routine request for payment is not a Claim. A Claim shall conform to these specifications and may be considered after the City has previously denied a request from the Contractor for a Change Order seeking the demanded relief. The Contractor shall, consistent with 2 -10.1.2, give the Agency written notice of Claim prior to commencing any Disputed Work. Failure to give the notice shall constitute a waiver of all Claims in connection with the Disputed Work. If the Contractor and the Agency are unable to reach agreement on Disputed Work, the Agency may direct the Contractor to proceed with the Work and such direction shall not be construed as the Agency directing the Contractor’s mean-and-methods in the execution of the Work. After the Agency has rejected a Change Order request and prior to proceeding with dispute resolution pursuant to the Public Contract Code, applicable provisions of which are specified below, the Contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command:

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

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2. Consistent with Section 2 -10.1.2, the Contractor shall submit a complete report within 20 Working Days after completion of the Disputed Work stating its position on the Claim, the contractual basis for the Claim, along with all documentation supporting the costs, Contract Time, and all other evidentiary materials. At each level of Claim or appeal of Claim the Agency will, within 10 Working Days of receipt of the Claim or appeal of Claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the Agency will provide its position within 10 Working Days of receipt of the additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the Deputy City Engineer/Engineering Manager for claims less than $50,000 and/or up to the City Manager for the City of Carlsbad or Executive Manager for the Carlsbad Municipal Water District for claims greater than $50,000 after which the Contractor may proceed under the provisions of the Public Contract Code. The Agency’s failure to state a position or otherwise respond to a Claim with in the timeframes set forth above shall be deemed a rejection of the Claim by the Agency.

3. The authority within the dispute resolution chain of command is limited to recommending a resolution to a Claim to the City Manager for the City of Carlsbad or Executive Manager for the Carlsbad Municipal Water District. Actual approval of the Claim is sub ject to the Change Order provisions in the Contract.

4. Any remaining Claims not resolved by the informal dispute resolution process described above shall be resolved in accordance with Public Contract Code S ection 9204, the relevant portion of which is included below:
(d)(1)(A) Upon receipt of a Claim pursuant to this section, the public entity to which the Claim applies shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Claimant a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, a public entity and a Contractor may, by mutual agreement, extend the time period provided in this subdivision.

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

(C) If the public entity needs approval from its governing body to provide the Claimant a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

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(2)(A) If the Claimant disputes the public entity's written response, or if the public entity fails to respond to a Claim issued pursuant to this section within the time prescribed, the Claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the public entity shall provide the Claimant a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the Claimant sharing the associated costs equally. The public entity and Claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.

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

(D) Unless otherwise agreed to by the public entity and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties' dispute.

(3) Failure by the public entity to respond to a Claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the public entity's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute

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an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a Claim against a public entity because privity of Contract does not exist, the Contractor may present to the public entity a Claim on behalf of a Subcontractor or lower ti er Subcontractor. A Subcontractor may request in writing, either on their own behalf or on behalf of a lower tier Subcontractor, that the Contractor present a Claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the Claim to the public entity and, if the original Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not having done so.

(e) The text of this section or a summary of it shall be set forth in the Plans or Specifications for any Public Works Project that may give rise to a Claim under this section.

(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable Change Order, Claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

(g) This section applies to contracts entered into on or after January 1, 2017.

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes, or extends that date.

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In addition, all Claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code Section 20104 et seq., applicable provisions of which are included below:

20104.2 For any Claim subject to this article, the following requirements apply:

(a) The Claim shall be in writing and include the documents necessary to substantiate the Claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of Claims.

(b)(1) For Claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written Claim within 45 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim the local agency may have against the Claimant.

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

(3) The local agency's written response to the Claim, as further documented, shall be submitted to the Claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Claimant in producing the additional information, whichever is greater.

(c)(1) For Claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy -five thousand dollars ($375,000), the local agency shall respond in writing to all written Claims within 60 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim the local agency may have against the Claimant.

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

(3) The local agency's written response to the Claim, as further documented, shall be submitted to the Claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Claimant in producing the additional information or requested documentation, whichever is greater.

(d) If the Claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the Claimant may so notify the local

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agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(e) Following the meet and confer conference, if the Claim or any portion remains in dispute, the Claimant may file a Claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Claimant submits his or her written Claim pursuant to subdivision (a) until the time that Claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.

(f) This article does not apply to tort Claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort Claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

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

(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15 -day period, any party may petition the court to appoint the mediator.

(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code.

The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and

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such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.

(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

(b) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

20104.6 Payment on undisputed portion of Claim; interest on arbitration awards or judgments:

(a) No local agency shall fail to pay money as to any portion of a Claim which is undisputed except as otherwise provided in the Contract.

(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

5. Although not to be construed as proceeding under Extra Work provisions, the Contractor shall keep and furnish records of disputed Work in accordance with Section 2-10. 2-10.1.2 Claim Certification Submittal.

1. If the Contractor’s Claim seeks an increase in the Contract Price, the Contract Time, or both, submit with the Claim an affidavit certifying the following:
a. The Claim is made in good faith and covers all costs and delays to which the Contractor is entitled as a result of the event(s) giving rise to the Claim. b. The amount Claimed accurately reflects the adjustments in the Contract Price, the Contract Time, or both to which the Contractor believes the Contractor is entitled. c. All supporting costs and pricing data are current, accurate, and complete to the best of the Contractor’s knowledge. The Contractor shall supply a cost breakdown per item of Work.
d. The Contractor shall ensure that the affidavit is executed by an official who has the authority to legally bind the Contractor.
2-10.1.3 Agency’s Final Determination.

1. If the Contractor disagrees with the City Manager or Executive Manager’s final determination, as described in 2 -10.1.1(1-2), Contractor must notify the Engineer in writing of the Contractor’s objection within 15 Working Days after receipt of the written determination and file a “Request for Mediation” in accordance with 2-10.2, “Dispute Resolution Process.”

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2. Failure to give notice of objection within the 15 Working Days period shall waive the Contractor’s right to pursue the Claim.
2-10.1.6 Mandatory Assistance.

1. If a third-party dispute, litigation, or both, arises out of or relates in any way to the Services provided under the Contract, upon the Agency’s request, the Contractor shall assist in resolving the dispute or litigation. The Contractor’s assistance includes, but is not limited to the following:
a. Providing requested documents in a timely manner.
b. Providing professional consultations.
c. Attending mediations, arbitrations, depositions, trials, or any event related to the dispute resolution and litigation.
2-10.1.6.1 Compensation for Mandatory Assistance.

1. The Agency will reimburse the Contractor for reasonable fees and expenses incurred by the Contractor for any required assistance rendered in accordance with 2 -10.1.6, “Mandatory Assistance” as Extra Work.

2. The Engineer will determine whether these fees and expenses were necessary due to the Contractor’s conduct or failure to act.

3. If the Engineer determines that the basis of the dispute or litigation in which these fees and expenses were incurred were the result of the Contractor’s conduct or the Contractor’s failure to act in part or in whole, the Contractor shall reimburse the Agency for any payments made for these fees and expenses.

Reimbursement may be through any legal means necessary, including the Agency’s withholding of the Contractor’s payment.

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

1. If a dispute arises out of or relates to the Contract, or the breach of it, and if the dispute cannot be settled through those procedures described in Section 2 -10.1.1, the parties must attempt to settle the dispute in an amicable manner, using mandatory mediation under the Construction Industry Mediation Rules of the American Arbitration Association before having recourse in a court of law.

2. To initiate mediation, the initiating party shall serve a Request for Mediation at the American Arbitration Association (AAA).
2-10.2.2 Mandatory Mediation Costs.

1. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator and the cost of any proofs or expert advice produced at the direct request o f the mediator, shall be borne equally by the parties, unless they agree otherwise.

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2-10.2.3 Selection of Mediator.

1. A single mediator, knowledgeable in construction aspects and acceptable to both parties, shall be used to mediate the dispute.

2. If AAA is used, the initiating party shall concurrently file with AAA a “Request for Mediation” along with the appropriate fees, a copy of requested mediators marked in preference order, and a preference for available dates.

3. If AAA is selected to coordinate the mediation (Administrator), within 10 Working Days from the receipt of the initiating party’s Request for Mediation, the opposing party shall file the following:
a. A copy of the list of the preferred mediators listed in preference order after striking any mediators to which they have any objection. b. A preference for available dates.
c. Appropriate fees.

4. If the parties cannot agree on a mediator, then each party shall select a mediator and those mediators shall select the neutral third party to mediate the matter.

2-10.2.4 Conduct of Mediation Sessions.

1. Mediation hearings shall be conducted in an informal manner and discovery shall not be allowed.

2. Discussions, statements, or admissions shall be confidential to the proceedings and shall not be used for any other purpose regarding the party’s legal position. The parties may agree to exchange any information they deem necessary.

3. Both parties shall have an authorized representative attend the mediation. Each representative shall have the authority to recommend entering into a settlement. Either party may have attorney(s), witnesses, or expert(s) present. Either party may request a list of witnesses and notifications of whether attorney(s) shall be present.

4. Any resulting agreements from mediation shall be documented in writing. Mediation results and documents, by themselves, shall be “non -binding” and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon in writing by both parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.

ADD 2-10.3 Governing Law & Forum for Litigation.

1. This Contract shall be governed by and construed in accordance with the laws of the State of California. Any lawsuits, at law or in equity, between the parties arising out of this Contract shall be filed in a court of competent jurisdiction in the County of San Diego. With respect to venue, the parties agree that this Contract is made in and will be performed in the County of

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

ADD 2-10.4 Pre-judgment Interest.

1. The parties stipulate that if a judgment is entered against a party for breaching this Contract, the pre-judgment interest shall be 2% per annum.

SECTION 3 – CONTROL OF THE WORK
3-2 SELF-PERFORMANCE
ADD the following:

1. If Contractor fails to satisfy the provisions requiring the Contractor to complete Work amounting to at least 50 percent of the Contract price with its own organization unless stipulated otherwise in the Contract Documents, the Agency may at its sole discretion elect to cancel the Contract or deduct an amount equal to 10 percent of the value of the Work performed in excess of 50 percent of the Contract Price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the Contractor, or prime Contractor, shall be entitled to a public hearing before the Board and shall be notified 10 Calendar D ays in advance of the time and location of the hearing. The determination of the Board shall be final. 3-3 SUBCONTRACTORS
ADD the following:

1. The Contractor shall incorporate these Specifications in the Contractor’s subcontracts for the work being performed by the Contractor’s Subcontractor.

2. The Contractor shall obtain or require that each Subcontractor obtains insurance policies in accordance with 5-4, “INSURANCE” which shall be kept in full force and effect for the duration of the Contract and in any attached supplemental agreements.

3. In any dispute between the Contractor and the Contractor’s Subcontractors, the Agency shall not be made a party to any judicial or administrative proceeding to resolve the dispute.

4. The Contractor shall ensure that the Contractor’s Subcontractors are appropriately licensed for the duration of the work that is performed under the Subcontracts in accordance with 2- 1, “WORK TO BE DONE.” If a Subcontractor is not properly licensed, the Contractor shall cease payment to the Subcontractor for all work performed when the Subcontractor was not properly licensed. The Contractor shall return to the Agency any payment the Contractor made to a Subcontractor for work performed when the Subcontractor was not licensed.

5. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work.

6. Where the Contract Documents require that a particular product be installed or applied by an applicator approved by the manufacturer, ensure the Subcontractor or Supplier employed for such work is approved by the manufacturer.

7. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the Work to be subcontracted giving the name and

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business of each Subcontractor and description and value of each portion of the Work to be so subcontracted. This submittal will confirm the Subcontractor’s commitments in the Bid. 3-4 AUTHORITY OF THE ENGINEER
ADD the following:

1. The Engineer shall be the single point of contact and shall be included in all communications between Contractor and any Agency representative.
3-5 INSPECTION
ADD the following:

1. Contractor shall make available to the Engineer accurate books and accounting records regarding all its activities. Contractor shall contractually require all Subcontractors to this Contract to do the same. The Engineer shall have access to the Contractor’ s, and any Subcontractors documents described in this Section 3 -5(1) within San Diego County. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its Subcontractor’s performance pursuant to this Contract. The Engineer’s moni toring, assessments, and evaluations will include, but shall not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all Subcontractors to this Contract. Upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all Subcontractors to this Contract, records with respect to all matters covered by this Contract. Contractor shall also permit the Engineer to audit, examine, cop y and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. Any inspection described in this Section 3 -5(1) s hall occur as often as the Engineer deems necessary and during normal business hours. However, any such inspection shall not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all Subcontractors to this Contract shall maintain such data and records for as long as may be required by applicable laws and regulations.

2. The Agency may utilize consultants to assist the Engineer during construction in observing the Contractor’s performance. The consultant shall be the Agency ’s Representative on the Site assisting the Engineer and must not be confused with a building inspector with the Agency or with a Special Inspector.

3. The Agency may utilize a Special Inspector for inspection of specialty work and materials, whose costs the Agency will pay for unless the Contractor fails inspection. If inspections or tests reveal non -compliance with the requirements of the Contract Documents, the Contractor shall pay for all corrective measures deemed necessary by the Engineer and also pay the cost of the Agency’s subsequent re-inspection and re-testing.

4. Inspections required by codes or ordinances are the Contractor’s responsibility.

5. The Contractor’s quality control testing and inspections are the Contractor’s responsibility.

Contractor shall coordinate and schedule all inspections and tests. The Contractor shall give the Engineer notice of tests and inspections made by others. At least 5 Working Days of notice

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shall be given for offsite inspections . The Contractor shall wait until the Engineer has responded and agreed to Contractor’s schedule before scheduling test or inspections.

6. The Agency shall schedule any inspections and tests as the Agency deems necessary to ensure the Work is accomplished in accordance with the requirements of the Contract Documents (other than inspections for work performed in accordance with a permit). The Contractor is responsible for the inspection of all Work performed in accordance with the Contract Documents.

7. Contractor shall provide access in accordance with Cal-OSHA Standards as necessary.

8. Contractor shall remove and replace any items of Work performed without the required permit or inspection. For required subsequent inspection, the Contractor shall remove and replace Work at the discretion of Engineer at no additional cost to the Agency. I nspection of the Work does not relieve the Contractor of full compliance with the Contract Documents.

9. Contractor shall not conceal the Work prior to inspection, testing, or approval required by the Contract Documents, the Engineer’s prior written request, or by other agencies. If any item of Work is done prior to obtaining the required approvals when reque sted by the Engineer, Contractor shall expose the Work for inspection, testing, and/or approval. Upon successful completion of the inspection, testing, or approval, the Contractor shall proceed with the Work. The Contractor shall bear all direct and indire ct costs and damages of such uncovering and re-covering and shall not be entitled to an increase in the Contract Price or the Contract Time, unless the Contractor has given the Engineer and any other affected agencies written notice of the Contractor’s intention to cover the Work and the Engineer has not acted in response to such notice.

10. When specified, Contractor shall make arrangements for tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Engineer, or with the appropriate public authority. The payment for such tests, inspections, and approvals are included in the Contract Price.

11. Unless specified otherwise, the Contractor shall pay the cost of inspections and tests. If inspections or tests reveal non -compliance with the requirements of the Contract Documents, the Contractor shall bear the cost of corrective measures deemed necessary by the Engineer and the cost of the Agency’s subsequent re-inspection and re-testing.

12. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or Subcontractor’s possession pertaining to the Work that the Engineer may request.

13. Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books, and accounting records relative to all its activities and to contractually require all Subcontractors to this Contract to do the same. The Engine er shall have the right to monitor, assess, and evaluate Contractor’s and its Subcontractors performance pursuant to this Contract, the monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all Subcontractors to this Contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all of its Subcontractors ’ records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or

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transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract.

However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all Subcontractors to this Contract shall maintain such data and records for as long as may be required by applicable laws and regulations.
3-6 THE CONTRACTOR’S REPRESENTATIVE
ADD the following:

1. Both the representative and alternative representative shall be the Contractor’s employees and shall not be assigned to a Subcontractor unless otherwise approved by the Agency in writing.

2. The Contractor’s Project team shall attend scheduled construction meetings as required by the Engineer. If any of Contractor’s staff cannot attend, the Contractor shall notify the Engineer a minimum of 24 hours in advance, prior to the start of the scheduled meeting. If the Contractor does not provide the required notification, the Contractor shall pay for the costs of the Agency’s staff, consultants, or both that attended. The Contractor shall be charged a minimum of 2 hours of the attendee’s time.

3. The payment for the Contractor’s attendance at Project meetings is included in the Contract Price. The Engineer shall deduct costs assessed to the Contractor for not attending the meetings from the monthly progress payment via Change Order. 3-7 CONTRACT DOCUMENTS
3-7.1 General.

ADD the following:

1. Specifications and Plans are divided into groups by engineering discipline for the Agency’s convenience. These divisions are not for the purpose of apportioning the Work or responsibility for the Work among Subcontractors and Suppliers.

2. The Contractor shall supply any Work that may reasonably be inferred from the Specifications or Plans as being required to produce the intended result whether or not it is specifically called for, at no additional cost to the Agency.

3. If referenced documents have been discontinued or updated by the issuing organization, the replacement documents issued or otherwise identified by that organization shall be used or, if there are no replacement documents, the last version of the document before it was discontinued.

4. Scaled dimensions on Contract Documents are approximate. Before ordering materials or commencing the Work, the Contractor shall measure the Site for proper size and fit and verify dimensions and quantities by taking measurements in the field. The Contracto r shall be responsible for their accuracy.

5. The Contractor shall verify any conditions affecting the cost of the Work through a reasonable examination of the Work Site prior to submitting the Bid.

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6. Existing improvements visible at the Work Site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed, and disposed of by the Contractor.

7. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both.

8. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work.

9. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work Site prior to submitting the Bid.

10. Existing improvements visible at the Work Site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed, and disposed of by the Contractor.

11. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer.
3-7.2 Precedence of the Contract Documents.

DELETE in its entirety and REPLACE with the following:

1. If there is a conflict between any of the Contract Documents, the document highest in the order of precedence, and most recent in edition, shall control. The order of precedence, from highest to lowest, shall be as follows:
a. Permits (issued by jurisdictional regulatory agencies including environmental documents).
b. Change Orders and supplemental agreements; whichever occurs last. c. Contract Addenda, whichever occurs last.
d. The signed written Contract.
e. Bid/Proposal.
f. Project Plans.
g. Technical Specifications.
h. Standard Drawings.
i. Agency Supplemental General Provisions (Section 00 73 00). j. Agency Supplemental Technical Provisions (Section 00 74 00). k. Standard Plans
i. City of Carlsbad Standard Drawings.
ii. Carlsbad Municipal Water District Standard Drawings. iii. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
iv. Traffic Signal Design Guidelines and Standards.
v. State of California Department of Transportation Standard Plans. vi. California Manual on Uniform Traffic Control Devices (CA MUTCD). l. “Greenbook” (Standard Specifications for Public Works Construction). m. Reference Specifications.

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2. When additional small business/minority/women -owned/veteran or other special requirements by funding sources are included in the Contract Documents, the funding source’s requirements shall govern.
a. With reference to the Drawings, the order of precedence shall be as follows: Figures govern over scaled dimensions.
b. Detail Drawings govern over general Drawings.
c. Addenda and Change Order Drawings govern over Plans. d. Plans govern over Standard Drawings.

3. When a conflict exists between the ADA requirements of Title 24, and the Agency Supplemental Provisions, the most restrictive requirement shall be followed.

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

1. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or Subcontractor’s possession pertaining to the Work that the Engineer may request.

2. The Contractor shall keep the Red- lines current with entries checked by the Engineer before the Work is covered. Contractor’s failure to update and deliver Red -lines information monthly to the Engineer for review and approval may result in the withholding of monthly progress payments.

3. The Contractor shall note the source identification, such as RFI numbers and Change Order numbers, as required identifying the source of the change to the Contract Documents.

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

5. The Contractor shall legibly annotate a full- size set of Plans daily, in red ink, to record additions, deletions or changes to the Work and changes in location, elevation or character of the Work not otherwise shown or noted in the Contract Documents. This “redline” set of drawings shall be kept on the Job Site, shall be used only as a record set, and shall be delivered to the Engineer within 10 Calendar Days of completion of the Work.

Contractor shall immediately give written notice of any conflicts between these documents to the Engineer.

6. As-built information shall represent field measurements, approved Shop Drawings, Working Drawings, samples, product data, and other pertinent data discovered during the performance of the Work. The Contractor shall note the source of the change such as RFI or Change Order numbers, as required. The Contractor shall clearly record additions or changes in the Work and depth of underground facilities by dimensioning from 2, known, fixed points.

7. Payment for Record Drawings and Documents shall be included in the various Bid items and no additional payment will be made therefore.
3-7.3.2 Asset Specific Red-lines.

1. Irrigation System Red-lines: Not Used.

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Red-lines shall clearly record by dimension from 2 known fixed points and by depth of underground facilities all deviations, modifications, and changes in the Work. Records, deviations, modifications, and changes on the day the Work is performed shall reflect the actual Work location and shall be marked i n red at the scale of the Plan sheet on which they are recorded. Red -lines shall show any changes to the Plans for the equipment locations and associated information for the following:
a. Potable water mainline and size
b. Water Meter - Size, type of water (potable or reclaimed), and water meter address.
c. Backflow Device - Size, available static pressure in psi, the psi and flow in gallons per minutes for which the irrigation system is designed, and device serial number. d. Master Control Valve.
e. Flow Sensor.
f. Pressure Regulator Valve.
g. Isolation Valves.
h. Remote Control Valves - Size, irrigation controller, valve station number, and flow demand in gallons per minute.
i. Quick Coupling Valves and Size.
j. Electrical Meter, including meter address.
k. Remote Control Valve Wiring.
l. Communication Cables.
m. Pull Boxes.
n. Rain Shut Off Switch.
o. Electrical lines from electrical meter to irrigation controller, including the power disconnect switch.
p. Irrigation Mainline and Size.
q. Irrigation Lateral Line and Size.
r. Irrigation Sleeves and Size.
s. Irrigation Controller - Location, number of stations, identifying call-out. t. Irrigation sprinkler heads which have been added or deleted from the approved Plans. Changes in manufacturer nozzle size shall be noted on the red- lined Drawings including operating pressure, gallons per minute, and radius of throw.

2. Re-vegetation Red-lines: Not Used
a. Within 4 weeks of the end of the Plant Establishment Period, as determined and accepted by the Project Biologist or Landscape Architect, furnish and submit to the Engineer 1 full scale Red -lines set showing field changes to grade, erosion control, and seeding for the re-vegetated areas.

3. Utility Red-lines: Utility Red-lines shall show any changes from the Plan for the following:
a. Horizontal and vertical bends
b. Changes in pipe material or pressure class
c. Isolation valves
d. Insulating joints
e. Blow off valves by stationing and offsets.
f. Air vacuum valves by stationing and offsets.

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g. Water and recycled water meter boxes replaced.
h. Water sampling stations
i. Cathodic test stations
j. Locations of all sewer laterals and cleanouts.
k. Items abandoned in place following dewatering operation.

4. Building/Structure Red-lines: Building Red-lines shall show any changes from the Plans for the following:
a. Location by dimension and the depth by elevation of underground lines, valves, plugged tees, and capped ends.
b. By dimension or scale Plans, wiring, conduits, and pull boxes as installed. c. Information necessary to maintain and service concealed items of Work. d. Dimensional changes to the Drawings.
e. Revisions to details shown on the Drawings.
f. Depths of foundations below the first floor.
g. Locations and depths of underground utilities.
h. Revisions to the routing of piping and conduits.
i. Revisions to electrical circuitry.
j. Actual equipment locations.
k. Duct size and routing.
l. Locations of concealed internal utilities.
m. Changes made by Change Orders.
n. Details not shown on original Plans.

5. Traffic Signals and Street Lighting: Not Used
a. The Contractor shall provide the Engineer with a cable route diagram indicating the actual cable route and meter marks for all intersections, directional change points in the cable routing, and all termination points. The Contractor shall record these points during cable installation, provide cable system Red-lines showing the accurate cable route to the Engineer, and record information such as the location of slack cable and its quantity in the cable route diagram. b. The Contractor shall provide 3 copies of D-Sheet sized Red-lines.

6. SWPPP: (see paragraph 3-16.6) Not Used.
a. Upon completion of construction, the Contractor shall submit the SWPPP and all its appendices, records, reports, maps and records of permanent BMPs to the Engineer with the Red-lines.

7. Slurry Seal and Asphalt Concrete Overlay:
a. The Contractor shall clearly record on the forms the Agency provides in MS Excel format the actual dates and quantity of each Bid item applied to each street segment and comments regarding each segment and record reasons if no work is performed.

8. Fiber Optic and Wi-Fi Device Red-lines: Fiber Optic and Wi-Fi Device Red-lines shall clearly record by dimension from 2 known fixed points and by depth of underground facilities all deviations, modifications, and changes in the Work. Records, deviations, modifications, and changes on the day the Work is performed shall reflect the actual Work location and

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shall be marked in red at the scale of the Plan sheet on which they are recorded. Red- lines shall show the equipment locations and associated information for the following:
a. Locations and depths of underground utilities.
b. Revisions to the routing of piping and conduits.
c. Actual equipment locations.
d. Pull Boxes.
e. Electrical Meter, including meter address.
f. Items abandoned in place.
3-7.3.3 Payment.

1. The payment for Red-lines Drawings shall be included in the Contract Price.

ADD 3- 7.4 Measurement and Dimensions.

1. Scaled dimensions are approximate. Before ordering materials or commencing the Work, the Contractor shall measure the Site for proper size and fit and verify dimensions and quantities by taking measurements in the field. Contractor shall be responsible for their accuracy. 3-8 SUBMITTALS
3-8.2 Working Drawings
ADD the following:

1. Working Drawings shall be submitted electronically to the Agency.

DELETE Table 3-8.2 in its entirety and REPLACE with following:

Item Section/
Drawing
No.

Title Subject
1 3-12.5.2 Sewage Bypass and Pumping
Plan
Sanitary Sewers
2 3-12.8.2 Dewatering Plan Water Pollution Control
3 5-7.2.2 Shoring Plan Safety
4 300-3.2

Cofferdams Structure Excavation & Backfill
5 303-1.6.1 General Falsework
6 303-1.7.1 General Placing Reinforcement
7 303-3.1 General Prestressed Concrete Construction
8 304-1.1.2 Falsework Plans Structural Steel
9 306-8.8
SDW-
154*
Valves, Hydrants, and
Appurtenances
Water Valve Bypass Details for
Mainlines 16-Inch and Larger
10 306-8.8.3 Thrust Blocks and Anchor
Blocks
Unless specified otherwise, design of all
size water main thrust blocks and
anchor blocks
11 307-1.1

General Jacking Operations

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12 307-2.1

General Tunneling Operations
13 308-3 Submittals Microtunneling
14 601-2.1.2 Engineered Traffic Control Plan
(TCP)
Temporary Traffic Control for
Construction and Maintenance Work
Zones
15 1001-3 Storm Water Pollution
Prevention Plan (SWPPP)
Water Pollution Control
16 1001-4 Water Pollution Control Plan
(WPCP)
Water Pollution Control
* Note: The distance dimensions shown between the bypass pipes and the mainlines are subject to change to field conditions.

Items listed in Table 3 -8.2, except for items 1, 2 and, 5, (if applicable to this project) shall be prepared by a Civil or Structural Engineer registered by the State of California. Item 15 shall be prepared by a Qualified SWPPP Developer (QSD) in accordance with 1001 3, “Storm Water Pollution Prevention Plan (SWPPP) .” Item 16 shall be prepared in accordance with 1001 -4, “Water Pollution Control Plan (WPCP).”
3-8.3 Shop Drawings. As relevant to project
ADD the following:

1. Shop Drawings shall be submitted electronically to the Agency.

2. Additional Shop Drawings may be required by the Special Provisions.

DELETE Table 3-8.3 in its entirety and REPLACE with following:

TABLE 3-8.3
Item Subsection Title Subject
1 207-2.5 Joints Reinforced Concrete Pipe
2 207-8.4 Joints Vitrified Clay Pipe
3 209-2.2.2 Shop Drawings Steel Pipe and Fittings
4 216-1 General Precast Reinforced Concrete Box
5 218-1 General Precast Vault
6 304-1.1.1 Shop Drawings Structural Steel
7 304-2.1 General Metal Hand Railings

3-8.4 Supporting Information.

ADD the following:

1. The Contractor shall submit samples of the materials with cut sheets of the products. The Contractor shall organize cut sheets for review and approval by the Engineer prior to use on the Project and identify deviation from any of the specified material cle arly, including cut sheets and samples of both the specified material and basis for the substitution. Included

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should be the Agency’s Project Name, Project Number, and the Engineer’s name, Contractor Name, and Submittal Number and clearly indicate the specific product to be used.

2. When photos of material are required, they shall be clear in resolution, identify the specific item for review, and shall indicate the name of the item, source, and date taken. The material shown in the photo shall be currently available for use on the Project.

3. For landscaping and irrigation materials, the Contractor shall submit samples and test results to the Engineer within 15 Working Days of the Notice to Proceed.

4. Test sections (“Mock ups”) of materials as required in the Special Provisions shall be accepted by the Engineer before proceeding with the Work.

5. The Contractor shall provide and keep up -to-date a complete “As -Built” record set of blue - line prints, which shall be corrected in red daily and show every change from the original Drawings and Specifications and the exact “As-Built” locations, sizes and kinds of equipment, underground piping, valves, and all other Work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of Drawings shall be kept on the job and shall be used only as a Record Set and shall be delivered to the Engineer within 10 Calendar D ays of completion of the Work. Payment for performing the Work required by 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. 3-9 SUBSURFACE DATA
DELETE in its entirety and SUBSTITUTE with the following:
3-9 TECHNICAL STUDIES AND SUBSURFACE DATA

1. If reports of explorations and tests of Site conditions are referenced in the Contract Documents, Contractor is encouraged to inspect the Site, acquire, and review these reports, and take other necessary steps to thoroughly familiarize oneself with the Site conditions. If a review of the documents and Site inspection indicate an obstruction or utility conflict with the proposed work, immediately notify the Engineer.

2. Subsurface data shall include geotechnical reports, groundwater elevations, soil analyses and characterization, and other information included or referenced in the Special Provisions and shall apply only at the location of the test holes and to the depths indicated.

3. Contractor is encouraged to review subsurface data, examine the Site and assess the Site conditions pertaining to the Work. If a review of the documents and Site inspection indicate an obstruction or utility conflict with the proposed work, immediately notify the Engineer.

4. Soil test reports for test holes which have been drilled are available for review at the office of the Engineer. Additional exploration may be performed at Contractor’s own expense.

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5. The indicated groundwater elevation is that which existed on the date specified in the data. It shall be Contractor’s responsibility to determine and allow for the groundwater elevation on the date the Work is performed. A difference in groundwater elevati on between what is shown in soil boring logs and what is encountered during construction shall not be considered as a basis for Extra Work in accordance with 2-8, “Extra Work.” 3-10 SURVEYING
3-10.1 General.

ADD the following:

1. The Engineer or Surveyor shall request a right of entry to perform survey services on sewer mains and manholes from City of Carlsbad, [email protected] or call 442 -339- 2722, 7 Calendar Days prior to the start of survey services.

2. The Contractor shall hire and pay for the services of a licensed Surveyor (“Surveyor”) to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the Work, provide surveying services as required in the Contract and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the Site during all surveying operations and shall personally supervise and certify the surveying work.

3. All surveying data submittals shall conform to the requirements of Section 3.8, “Submittals.” The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all required surveying to the Engineer within 10 Calendar Days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted electronically. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for a ny computer program. The field notes shall be prepared in conformance with the Caltrans “Surveys Manual.” The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with Business and Professions Code Sections 8700- 8805 when the Surveyor performs any surveying that such map is required under Business and Professions Code Section 8762 and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M- 10 A, B, C type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of sur vey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The Record of

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Survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder.

4. Payment for Work performed to satisfy the requirements shall be included in the actual Bid items requiring the survey work and no additional payment will be made. Extension of unit prices for Extra Work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of Records of Survey and/or corner records, including filing fees, shall be incidental to the Work necessitating the disturbance of the monuments and no additional payment will be made.
3-12 CONTRACT INFORMATION SIGNS
ADD the following:

Signs shall not be posted until approved by the Engineer. The Contractor shall complete and submit a Review for Sign Permit (form P-11), available at:

https://www.carlsbadca.gov/services/depts/planning/applications.asp 3-12 WORK SITE MAINTENANCE
3-12.1 General.

ADD the following:

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

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

3. The Contractor shall provide and maintain enclosed toilets for the use of their employees.

Toilets must be kept in a neat and sanitary condition and ensure that they comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The cost of such is the Contractor’s responsibility.

4. If required in the Special Provisions, the Contractor shall provide and maintain enclosed toilets for the use of the Agency’s and Contractor’s officers, employees, or agents. Toilets must be kept in a neat and sanitary condition and ensure that they comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The cost of such is the Contractor’s responsibility.

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

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

7. Disposal of all rubbish and surplus materials is incidental to Work Site maintenance. Disposal shall be made off the Site and shall be in accordance with:
a. Local codes and ordinances that govern locations and methods of disposal. b. All applicable safety laws.
c. Requirements of Subpart H, S ection 1926.252 of the OSHA Safety and Health Standards for Construction.

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

9. Cleanup and Dust Control. Throughout all phases of construction, including suspension of the Work, and until the final acceptance, the Contractor shall keep the Site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. 3-12.2 Air Pollution Control.

ADD the following:

1. Contractor shall carry out effective measures whenever and as often as necessary to prevent Contractor’s operation from producing dust in amounts damaging to property, cultivated 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:

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.

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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 the suitability of materials and their proper storage at any time during the Work.

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

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

10. When required by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each Working Day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete.

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

12. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately, and the area cleaned.

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

14. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend Work until the condition is corrected. No additional compensation will be allowed because of such suspension.

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

The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require 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.

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Cleanup and dust control shall be considered incidental to the items of W ork that they are associated with and no additional payment will be made for them.

16. Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by 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.

17. Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall n ot draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this Contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees for them . These costs shall be considered incidental to the items of W ork that they are associated with and no additional payment will be made for them. 3-12.4.2 Storage in Public Streets.

DELETE in its entirety and SUBSTITUTE with the following:

1. Construction materials shall not be stored in streets, roads, or highways for more than 5 Calendar Days after unloading. All materials not installed or used in construction within 5 Calendar Days after unloading shall be stored at a location approved by the Engineer.

2. Construction equipment shall not be stored at the Work Site before its actual use nor for more than 5 Calendar Days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer.

3. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. Immediately after placing backfill, all excess material shall be removed.

4. The Contractor shall not store equipment for traffic control in right of way.

ADD 3- 12.4.3 Storage and Staging Areas.

1. Storage and staging areas are the Contractor’s responsibility. If the Plans designate a staging location within the Project or in close proximity, the Contractor may utilize such area for their use. The storage and staging areas shall be as close as possible to the Site. Contractor is responsible for obtaining any permits, leases, or any other items necessary to obtain staging areas.

2. Storage of hazardous wastes, construction equipment material, and parking and fueling of equipment shall not be allowed in the MHPA or other biologically sensitive areas. Ensure the fueling of vehicles occurs only within designated staging areas using appropriate catch basins and devices.

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3. Return the storage and staging area and the adjacent area to an equal or better condition as deemed necessary by the Engineer, at no additional cost to the Agency.

4. The Contractor shall provide the Engineer a copy of the lease agreement for any property to be used for the storage of materials or equipment prior to delivery or storage of any materials or equipment. Each lease agreement shall clearly state the term of the lease and a description of the materials or equipment allowed to be stored and shall provide for the removal of the materials or equipment and restoration of the storage site within the time allowed for the Work.

5. Construction equipment shall not be stored at the Work Site before its actual use on the Work nor for more than 5 Calendar Days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. 3-12.6 Water Pollution Controls
3-12.6.2 Best Management Practices (BMPs).

ADD the following:

1. Contractor shall submit a BMP plan as a submittal to the Agency. 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP) Not Used.

ADD the following:

1. The Contractor shall evaluate the requirements for the preparation of a SWPPP for Work within the City’s boundary by reviewing the Determination of SWPPP Tier Level and Construction Threat Level (form E-32), which may be obtained at:

http://www.carlsbadca.gov/services/depts/landev/engineering.asp

2. The Contractor shall review the criteria requiring the preparation of a SWPPP conforming with the State Water Resources Control Board Order No. 2022-0057-DWQ, NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities (the Construction General Permit or CGP). The CGP and other information are available at:

https://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.sht ml

3. If a SWPPP has been prepared specifically for the Project and is included as a part of the Contract Documents, the Contractor shall use the SWPPP as a baseline document and shall amend the SWPPP, with the Engineer’s approval, as necessary to include the Co ntractor’s proposed Construction Schedule, construction operations, and the Site conditions encountered or created during the Work.

4. If the Agency has not prepared a SWPPP for the Project and the Project is subject to coverage under the CGP, the Contractor shall prepare and implement the SWPPP conforming with the CGP requirements.

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5. The Contractor shall comply with all requirements of the approved SWPPP and the CGP including implementation during construction by a QSP, The Contractor shall provide all information necessary for the Agency to obtain coverage under the CGP during the electronic submittal of Permit Registration Documents and supporting data necessary for the filing of the storm water Notice of Intent and Notice of Termination. The Contractor shall be responsible for conducting all monitoring and inspections and filing all reports required by and in accordance with the CGP.
3-12.6.5 Payment.

DELETE in its entirety and SUBSTITUTE with the following:

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

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

DELETE in its entirety and SUBSTITUTE with the following:

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

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2. The Agency 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 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 scheduled until all deficiencies are completed to the satisfaction of the Inspector.

4. The Contractor shall submit a request for Final Inspection which shall include a written assertion that the Work has been completed in accordance with the Contract Documents and a written response describing the corrective Work completed for all 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 protect and maintain the Work, and to which liquidated damages will be computed.

ADD 3- 13.1.1 Requirements Before Requesting a Walk-through.

1. The following items are required prior to requesting a Walk-through:
a. Remove temporary facilities from the Site.
b. Thoroughly cleaning the Site and removing all mark outs and construction staking. c. Provide completed and signed Red -lines in accordance with Contract Document requirements.
d. Provide all material and equipment maintenance and operation instructions and/or manuals.
e. Provide all tools which are a permanent part of the equipment installed in the Project. f. Provide and properly identify all keys for construction and all keys for permanent work.
g. Provide all final Special Inspection reports required by the applicable building code. h. Provide all items specified to be supplied as extra stock. Wrap, seal, or place in a container all items as necessary to allow for storage by the Agency for future use.

Verify the specified quantities.
i. Ensure that all specified equal opportunity (if applicable) and certified wage rate documentations covering the Contract Time have been submitted. j. Provide the spare parts for the proposed irrigation system as specified in the Special Provisions.

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2. Contractor shall notify the Engineer to arrange a final inspection of permanent BMPs installed and shall obtain the completed, signed, and stamped DS-563 Form 30 Calendar Days prior to the issuance of the Notice of Completion.

ADD 3- 13.1.2 Walk-through and Punchlist Procedure.

1. When Contractor considers that the Work and Services are complete, notify the Engineer in writing that the Project is complete and request that the Contractor and the Engineer perform a Walk-through for the generation of a Punchlist. Contractor shall notify the Engineer at least 7 Working Days in advance of the Walk-through.

2. The Engineer will first determine if the Project is ready for a Walk -through by verifying whether the Contractor have completed all items as required by 3 -13.1.1, “Requirements Before Requesting a Walk-through.”

3. If the Work includes sewer and storm drain installations, the inspection shall include televising in accordance with the requirements in the Contract Documents.

4. The Engineer shall facilitate the Walk-through.

5. Contractor shall make Plans, specifications, and technical data, such as submittals and equipment manuals, available at the Site for the Walk-through attendees.

6. The Engineer will provide the Contractor with the Punchlist within 15 Working Days after the date of the Walk -through and submit it to the Contractor. The Agency shall not provide a preliminary Punchlist.

7. If the Engineer finds that the Project is not substantially complete as defined in the Contract, the Engineer will terminate the Walk-through and notify the Contractor in writing.

8. If, at any time during the Engineer’s evaluation of the corrective Work required by the Punchlist, the Engineer discovers that additional corrective Work is required, the Engineer may include that corrective Work in the Punchlist. Contractor shall remain solely responsible for the Project Site until the Project is completely operational, all Punchlist items have been corrected, and all operation and maintenance manuals have been accepted by the Agency.

9. The Engineer shall meet with the Contractor until all Punchlist items are corrected. If Contractor takes longer than 30 Working Days to complete the corrective Work, the Project shall be subject to re-evaluation.

10. Upon acceptance of the Work, Contractor shall assemble and deliver to the Engineer all records, documents, warranties, material certifications, bonds, guarantees, maintenance and service agreements, and maintenance and operating manuals. Written warranties , except manufacturer’s standard printed warranties, shall be on a letterhead addressed to the Contractor. Warranties shall be submitted in the format described in this section, modified as approved by the Agency, to suit the conditions pertaining to the warranty. 3-13.2 Acceptance
DELETE in its entirety and SUBSTITUTE with the following:

1. Acceptance of the Work will occur after all the requirements of the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the City Manager for the City of Car lsbad or Executive Manager for the Carlsbad Municipal Water District that the Contractor’s performance of the

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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.

2. Once the “Notice of Completion” has been recorded, the Engineer will release the retention. 3-13.3 Warranty.

DELETE in its entirety and SUBSTITUTE with the following:

1. Contractor shall warranty and repair all defective materials and workmanship for a period of 1 year. This warranty period shall start on the date the Work was recorded by the “Notice of Completion” unless the Agency has beneficial use of the Project (excluding water, sewer, and storm drain projects). In addition, Contractor shall warranty the Work against all latent and patent defects for a period of 10 years.

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

3. All warranties, express or implied, from Subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Agency, and shall be delivered to the Engineer prior to the acceptance of the 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 fails to reimburse the Agency for the actual costs, Contractor’s Surety shall be liable for the cost.

5. The warranty period shall be extended with respect to portions of the Work corrected under warranty. Items that shall be warrantied free from defective workmanship and materials for a period longer than 1 year are as follows:

Specified Item Minimum Warranty Period
Detectable Warning Tile
Construction
3 Years of Manufacturer’s Warranty
All Work Under SECTION 500 – PIPELINE

REHABILITATION
3 Years
Fiber Optic Interconnect Cables 2 Years
Luminaires1 10 Years of Manufacturer’s Warranty
LED Signal Modules 3 Years of Manufacturer’s Warranty
1 Provide documentation verifying that the induction luminaire models being offered for the Project are covered by the 10-year warranty.

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6. Contractor shall provide the Agency a copy of the manufacturer’s warranty for private sewer pumps, including the alarm panel and all other accessories. a. Contractor shall involve the manufacturer in the installation and startup as needed to secure any extended warranty required.
b. This section is not intended to limit any manufacturer’s warranty which provides the Agency with greater warranty rights than set forth in this section or the Contract Documents.
c. The warranty shall include all components. The form of the warranty shall be approved by the Engineer in accordance with 3 -13.3.2, “Warranty Format Requirements.”

7. If, during the warranty period, any item of the Work is found to be Defective Work, Contractor shall correct it promptly after receipt of written notice from the Agency to do so. The warranty period shall be extended with respect to portions of the Work 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.

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 deductive 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 at the Agency’s established rates.

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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 information shall include a list of Subcontractors and Suppliers with the name, address, and telephone number of the responsible principals.
3-13.3.3 Long-Term Warranty Contract (LTWC).

1. If specified in the Special Provisions and when a LTWC is included in the Contract Documents, the Contractor shall execute and submit the supplemental agreement for the extended Project warranty (the LTWC covering the workmanship and materials).

2. The first 3 years of warranty protection after installation shall be secured by the faithful performance and payment bonds in accordance with 1-7.2, “Contract Bonds.”

3. At the conclusion of the initial 3 -year bonded warranty period, an “n” -year subsequent manufacturer’s warranty for labor and materials shall commence and run concurrently with the LTWC, where “n” is the number of additional years beyond the initial 3 years as specified in the Special Provisions. Alternatively, and with respect to the 3 -year bonded warranty, the Contractor may submit a 2 -year bond followed by 1 -year bond. If the alternate option is selected, the 1-year bond shall be submitted to the Agency at least 90 Calendar Days before the expiration of the original 2 -year bond. Contractor shall clearly inform the Contract Specialist of the option selected. The protection provided shall not be for less than 3 + “n” years continuously.

4. The manufacturer’s warranty for parts and labor shall secure performance of the LTWC by the Contractor. Additional security in the form of bonds for both the LTWC and the manufacturer’s extended “n” -year warranty (in years 4 and on following Acceptance) fo r

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labor and materials may, but is not required to be, provided per the compensation provisions of the LTWC.

5. The manufacturer warranty shall extend to performance of the LTWC by the Contractor, including without limitation the performance of periodic inspections, preparation of periodic reports, and performance of repairs or replacements including parts and labor. If the manufacturer warranty does not expressly extend to the LTWC or is qualified in any way to exclude warranty of the performance of the LTWC by the Contractor, the surety bond shall be provided for the LTWC in accordance with 1-7.2, “Contract Bonds.”

6. If the Contractor is unable to obtain a bond which extends the “n”-year term of the LTWC, to obtain a manufacturer warranty or both which clearly and unambiguously extends to secure performance of the LTWC by the Contractor for the “n” - year term, the Agency shall accept either form of security provided that at least 1 of these forms is provided before award.

7. Provision of the manufacturer’s warranty, bonds, or both as specified is a pre -condition to award of the Contract.

8. Refer to the LTWC for additional information. The provisions of 3 -3, “SUBCONTRACTORS” shall not apply to LTWC.

ADD 3- 14 PARTNERING

1. Contractor may request the formation of a formal partnering relationship (Partnering) by submitting a request in writing to the Engineer after approval of the Contract. If Contractor’s request for Partnering is approved by the Engineer, scheduling of a Partnering workshop, selecting the Partnering facilitator and workshop, selecting the Partnering facilitator and workshop site, and other administrative details shall be as agreed to by both Parties.

2. The establishment of a Partnering shall not change or modify the terms and conditions of the Contract and shall not relieve either party of the legal requirements of the Contract.

3. The goals of Partnering include the following:
a. The Engineer and Contractor’s representatives, including Contractor’s Subcontractors, actively working together as partners.
b. Avoidance of destructive confrontation and litigation among the parties. c. Mutual understanding on how the Work is to be conducted. d. Establishment of mutual key results to facilitate Project success. e. Establishment of an atmosphere of teamwork, trust, and open communication. 3-14.1 Payment.

1. The payment for providing a facilitator and a workshop site shall be borne equally by the Agency and Contractor. Contractor shall pay in advance all compensation for the costs of the facilitator and for the costs of obtaining the workshop site.

2. Unless a Bid item has been provided for “Partnering,” the Agency’s share of such costs shall be reimbursed to Contractor as Extra Work. Markups shall not be added. Other costs associated with the Partnering relationship shall be borne separately by the par ty incurring the costs.

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

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

3. During paving operations, the Contractor shall provide paved parking within 800 feet of the affected residences or businesses unless otherwise approved by the Engineer.

4. The Contractor shall provide notification 72 hours prior to the start of construction in the public right-of-way that affects vehicular traffic, parking, or pedestrian routes. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures or for curb, sidewalk or driveway repairs, the residences and/or businesses directly affected by the Work shall be notified. The notice shall:
a. Be written and hand delivered.
b. State the date and time the Work will begin and its anticipated duration. c. Provide a brief description of the Work and simple instructions to the home or business owner on actions to facilitate the construction. d. List 2 telephone numbers to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the Project. An answering machine shall not be connected to either number. e. For residences, be prepared on 65 -lb. brightly colored card stock or equivalent durability with contrasting, 12 -point font or larger printing; pre -cut in a manner for hanging on a doorknob; and minimum size of 3 -1/2 inches wide by 8-1/2 inches long (refer to the appendices for an example).
f. Be approved by the Engineer prior to distribution.

5. The Contractor shall post “No Parking” signs 72 hours in advance of the Work. The signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the Work at that location. If the Work is delayed or rescheduled, the signs shall be removed and re-posted 72 hours in advance of the rescheduled Work.

6. Payment for public convenience shall be considered as included in the Contract Price for each item in the Bid and no additional payment will be made.

ADD 3- 16 SITE ACTIVITIES BY THE AGENCY OR SEPARATE CONTRACTORS 3-16.1 The Agency’s Right to Award Separate Contracts.

1. The Agency reserves the right to perform work or operations outside the Scope of Work of the Contract related to the Project with Agency Forces, Separate Contractors, or both. If work to be performed by another party was not noted in the Contract, the Agency shall give written notice to Contractor 10 Working Days prior to the start of any Work. If Contractor determines that the work being performed by the Agency or others may interfere with or cause damage

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to Work being performed by Contractor, notify the Engineer in writing within 3 Working Days of the Engineer’s notice.
3-16.2 Integration of the Work with Separate Contractors.

1. When specified in the Contract Documents, prepare a plan to integrate the work performed by Separate Contractors, Agency Forces, or both with the performance of the Work and submit the plan to the Engineer for approval. The plan shall be fair and 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.
3-16.3 Coordination.

1. Coordinate Contractor’s activities and the Schedule with the activities and schedules of the Separate Contractors and make any revisions to the Schedule deemed necessary to avoid any disruption to the Work or to the work of the Separate Contractors. 3-16.4 Use of Site.

1. Provide the Agency and the Separate Contractors reasonable opportunities for the storage of materials and equipment and performance of their work. Connect and coordinate work and operations with the work and operations of the Agency and the Separate 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.

3-16.5 Deficiency in Work of Separate Contractors.

1. If part of Contractor’s Work depends on proper execution or results upon construction or operations by the Agency or a Separate Contractor, prior to proceeding with that portion of the Work, 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 disagreements. Contractor’s failure to report constitutes Contractor’s acceptance of the Work of Separate Contractors as fit, proper, and coordinated with the Work. 3-16.6 Payment.

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

SECTION 4 – CONTROL OF MATERIALS
4-1 PROTECTION
ADD the following:

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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.

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

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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 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

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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.

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. Steel pipe in sizes larger than 18 inches shall require inspection at the source of production.

5. Vitrified clay and cast -iron pipe in all sizes are acceptable upon submittal of a Certificate of Compliance, subject to sampling and testing by the Agency.

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6. 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.”

7. 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.

8. Welding and all testing shall be performed by certified welders and testing staff with credentials traceable in the United States.

9. The Contractor shall provide the Engineer free and safe access to any and all parts of Work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the California 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 shall 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 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 Consultants 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

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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 if 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 reimbursed for the cost of testing under this Bid item.

4. Contractor shall be reimbursed for the cost of specialty inspections when an Allowance Bid item is included in the Bid otherwise the cost is the responsibility of the Contractor if 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 materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work and shall be removed from the Project Site all at the Contractor’s expense.

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 s upplier, the naming of the item is intended to establish the type, function, and quality required.

2. Unless stated otherwise, materials or equipment of other s uppliers 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.

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3. For reviews prior to Bid:
a. The Engineer shall respond to Contractor’s substitution proposal by the last date for issuing an Addendum for the Contract. 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 S ite which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours.
e. Certifications from the manufacturer or service provider that the proposed substitute shall perform the intended function adequately under the expected service conditions, achieve the results called for by the general design, and be similar and of equal substance to that indicated.

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

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

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.

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10. As applicable, no Shop Drawing or Working Drawing submittals shall be made for a substitute item nor shall any substitute item be ordered, installed, or utilized without the Engineer’s prior written approval.

11. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-5 WEIGHING AND METERING EQUIPMENT
REPLACE the first paragraph with the following:

All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County.

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

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

2. Each worker shall be paid subsistence and travel as required by the collective 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 Section 1601 or 1603, the conditions established in Fish and Game Code Section 1601 et seq. shall become conditions of the Contract.
5-3.3 Payroll Records.

ADD the following:

1. The Contractor and its Subcontractors shall maintain and furnish to the Agency, at a designated time, a certified copy of each weekly payroll reflecting the wages containing all of Contractor’s and Subcontractors’ employees engaged in the Work and a statement of compliance signed under penalty of perjury.

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5-3.4 Hours of Labor
ADD the following:

1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 AM and 4:00 PM on Mondays through Fridays, excluding Agency holidays.

The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside these hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the stated 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 the122equireed occurrence limit.
ii. Business Automobile Liability Insurance : $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non -owned or hired, and whether scheduled or non-scheduled.
iii. Workers’ Compensation and Employers’ Liability Insurance : Workers’ compensation limits as required by the Labor Code and Employers’ Liability limits of $1,000,000 per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City.
b. Additional Provisions: Contractor shall ensure that the policies of insurance required under this Contract with the exception of Workers’ Compensation and Business

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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. 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 evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy No. 70.

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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 protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor’s sole expense. The full limits available to the named insured shall also be a vailable and applicable to the Agency as an additional insured.
j. Cost of Insurance. The Cost of all insurance required under this Contract shall be included in the Contractor’s Bid.
5-6 PATENTS FEES AND ROYALTIES.

DELETE in its entirety and SUBSTITUTE with the following:

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

ADD the following:

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

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

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

ADD: 5-7.1.3 Health and Safety Plan (HSP).

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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.
5-7.3 Use of Explosives.

ADD the following:

1. Explosives may be used only when authorized in writing by the Engineer. The Contractor shall prepare and submit an application for blasting permit to the City of Carlsbad Engineering Department and comply with the City’s blasting policy.
5-7.7 Security and Protective Devices.
5-7.7.1 General.

DELETE in its entirety and SUBSTITUTE with the following:

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

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

ADD: 5-7.7.3 Playground Safety. Not Used

1. Provide a secured fence around the playground to prevent use or access. Do not remove the fence until the independent Playground Safety Audit has been done by the Contractor and the Engineer, the Engineer has accepted the playground design and installation, and the Punchlist items have been completed.

2. Provide certification by a NPSI certified playground inspector that confirms that the installed equipment is compliant with all applicable codes.

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3. The payment for the fencing around the playground and the playground safety audit is included in the Contract Price.
5-7.7.2 Security Fencing

1. The payment for security fencing Work for open excavations shall be included in the Contract Price.
5-7.8 Steel Plate Covers
5-7.8.1 General.

ADD the following:

1. The Contractor shall protect transverse or longitudinal cuts, voids, trenches, holes, and excavations in the right-of-way that cannot be properly completed within 1 Working Day by adequately designed barricades and structural steel plates (plates) that shall support legal vehicle loads in such a way as to preserve unobstructed traffic flow.

2. For trench widths exceeding those in Table 5-7.8.2, a structural design shall be prepared by a California registered civil or structural engineer regularly engaged in the design of shoring systems.

3. The Contractor shall secure approval in advance from authorities concerning the use of any bridging proposed on the Work.

4. The Contractor shall shore the trench adequately to support the bridging and traffic loads.

5. The Contractor shall design plates for HS 20 -44 truck loading in accordance with Caltrans Bridge Design Specifications Manual and evaluate soil conditions and ensure that the plate extends enough beyond the trench walls to support traffic loads.

6. The Contractor shall use the plates skid -resistant with a nominal COF of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available fro m each Caltrans District Materials Engineer to correlate skid resistance results to California Test Method 342.

7. Plates shall provide complete coverage to prevent any person, bicycle, motorcycle, or motor vehicle from being endangered due to plate movement causing separations or gaps.

8. Alternative installation methods may be submitted in accordance with 3 -8, “SUBMITTALS” for the Engineer’s approval.

9. Contractor shall install signage and postings with a 2 inch (50.8 mm) minimum letter height indicating the steel plate cover load limit, the Company’s name, and a 24 -hour emergency contact phone number. See 601-1, “GENERAL.”

10. Contractor is responsible for the maintenance of the plates, shoring, and asphalt concrete ramps or any other approved device used to secure the plates. Contractor shall immediately mobilize necessary personnel and equipment after being notified by the Eng ineer, the Agency, or a member of the public of a repair needed for such items as plate movements, noise, anchors, and asphalt ramps. Failure to respond to the emergency request within 2 hours shall be grounds for the Agency to perform necessary repairs that shall be invoiced at the actual cost including overhead or $500 per incident, whichever is greater. Failure may also result in a “Stop Work” notice.

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11. When plates are removed, Contractor shall repair any damage to the pavement with fine graded asphalt concrete mix or slurry seal satisfactory to the Engineer.

12. The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1 “) and shall be filled with elastomeric sealant material which may, at the contractor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-

5.2 and 203-5.3.

ADD 5- 8 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

1. Contractor agrees to defend, indemnify, and hold harmless Agency, its affiliated and subsidiary entities, and its elected and appointed officials, officers, directors, managers, employees and agents (“Indemnified Parties”) from and against all claims 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 negligence or sole willful misconduct of the Indemnified Parties.

Contractor further agrees that its duty to defend includes all attorney fees and costs associated with enforcement of this indemnification provision, defense of any claims arising from this Contract, and, where a conflict of interest exists or may exist between Contractor and Agency, the reasonable value of attorney fees and costs if A gency 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 for the Agency. Defense costs include the cost of separate counsel for the Indemnified Parties , if the Indemnified Parties request separate counsel.

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

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ADD 5- 9 CONFLICT OF INTEREST

1. Establish and make known to Contractor’s employees appropriate safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others and particularly those with whom they have family, business, or other 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 T itle 2, Section 18701, subdivision (a)(2) of the California Code of Regulations, or performs 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 code requiring the completion of 1 or more statements of economic interests disclosing Contractor’s relevant financial interests.

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

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

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

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

ADD the following: 5- 10 ELECTRONIC COMMUNICATION

1. When specified in the Contract Documents, Contractor shall post all communications addressed to the Engineer concerning construction including RFIs, submittals, daily logs, and transmittals to the Project management website established for the Project. The Contractor shall maintain a list of scheduled activities including planned and actual execution dates for all major construction activities and milestones defined in the approved Schedule. The

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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 the following: 5- 11 STATUTORY REFERENCES

1. All references in these Agency Supplemental General Provisions (00 73 00) to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented, or replaced from time to time by the corresponding legislative or regulatory body.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ADD the following:

1. A Payment for the Construction Schedule shall be included in the Contract Price and no separate payment will be made, therefore.
6-2 PROSECUTION OF WORK
ADD the following:

1. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restores to usefulness all improvements existing prior to the start of the Work.

2. When a Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Agency, Contractor shall remove such Subcontractor immediately upon 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 the following: 6- 2.1 Order of Work.

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

2. If construction and demolition operations are within an active public space, the Contractor shall submit a phasing plan to the Engineer to accommodate accessibility to the public and Agency staff. Phasing plan must be approved before Work starts. Phasing plan will be considered part of the mobilization Bid item and shall include any revisions or implementation of the Plan.

ADD the following: 6- 2.2 Moratoriums.

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

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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:

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

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

3. For pipeline Projects, the following shall be included in the stipulated Contract Time:
a. Complete each street segment within 15 Working Days from the day the slurry seal or asphalt overlay is placed. Each completed segment shall include other incidental Work items (weed abatement, damaged asphalt pavement replacement, asphalt patching, resurfacing, striping, markings, raised pavement markers, and inlet markers). b. Where shutdowns of 16 -inch and larger pipes are required, there is a shutdown moratorium from May until October. The Contractor shall plan and schedule Work accordingly. No additional payment or Working Days will be granted for delays due to the moratorium.

4. When specified in the Contract Documents, the PEP is included in the stipulated Contract Time and shall begin with the acceptance of the installation of the vegetation plan in accordance with Part 8 – LANDSCAPING AND IRRIGATION.

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

6. Work that is required by the Engineer to occur outside of normal Work hours will be identified in the Special Provisions.

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

8. No additional payment or adjustment of Bid item prices or adjustment of Contract 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.

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9. Contractor’s schedule shall plan for a minimum of 2 weeks after final walk-through to receive a final punch list from the Agency. Punch list items can be worked on during this 2- week period.
6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General.

ADD the following:

1. The Agency shall only grant an extension of time if the Extra Work or unforeseen condition impacts the Project’s critical path. All requests for an extension in Contract Time for any Extra Work or unforeseen event shall be demonstrated by using the CPM. No other scheduling method shall be used to calculate the Project’s schedule. 6-4.2 Extensions of Time.

DELETE in its entirety and SUBSTITUTE with the following:

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

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

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

4. The Engineer shall issue a weekly document that stipulates the Contract Time. If Contractor does not agree with this document, Contractor shall submit to the Engineer for review a written protest supporting Contractor’s objections to the document within 15 Working Days after receipt of the weekly document. Contractor’s failure to file a timely protest shall constitute Contractor’s acceptance of the Engineer’s weekly document. a. Contractor’s protest will be considered a claim for time extension and shall be subject to 2-10.1, “Claims.”
6-4.4 Written Notice and Report.

DELETE in its entirety and SUBSTITUTE with the following:

1. Contractor’s failure to file with the Engineer a written request and report of cause within 24 hours will be considered grounds for refusal by the Agency to consider such request.

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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.
6-6 SUSPENSION OF THE WORK
6-6.1 General.

ADD the following:

1. The Agency reserves the right to shut down any trenching operation if Contractor is not proceeding within a reasonable period of time to restore the pavement and Site cleanup. A reasonable period of time is considered to be 5 to 10 Working Days after backfilling any 1 block, approximately 600 feet, of pipeline. The Engineer shall determine the period of time allowed which shall not be subject to dispute.

2. During periods when the Work is suspended, Contractor shall be prepared for any emergency Work that shall be supervised by Contractor’s representative.

3. Trenching operations are subject to suspension if the Contractor does not comply with the requirements for the maximum length of open trench specified in 306-3.5. 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT
6-7.1 General.

DELETE in its entirety and SUBSTITUTE with the following:

1. Prior to the Acceptance of the Work, Contractor shall be found in default of the Contract if:
a. Contractor becomes insolvent, assign Contractor’s assets for the benefit of Contractor’s creditors, are unable to pay Contractor’s debts as they become due, or are otherwise financially unable to complete the Work.
b. Contractor 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.

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e. Contractor disregards laws or regulations of any public body having jurisdiction. f. Contractor commits continuous or repeated violations of regulatory or statutory safety requirements.
g. Contractor fails to notify the Engineer upon discovery of items of Native American, Archaeological, or Paleontological interests.

2. Notices and other written communications regarding default between the Contractor, the Agency, and the Surety shall be transmitted in accordance with 5- 2, “SPECIAL NOTICES.” 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE.

DELETE in its entirety and SUBSTITUTE with the following:

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

If the Agency decides to terminate this Contract for convenience, the Agency shall issue a written notice of termination for convenience in accordance with 5 -2, “SPECIAL NOTICES .” 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.

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c. The Agency shall pay Contractor a prorated amount of profit for Work that Contractor performed. The Agency shall not pay for lost profit on Work that was not performed by Contractor.
6-8.2 Termination Settlement.

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

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

1. In determining the amount due Contractor, the Agency shall deduct the following:
a. The fair value of property destroyed, lost, stolen, or damaged 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 funds are identified and approved by the Board, whichever is appropriate, to be used to complete this Project. If the Agency elects under this provision to terminate the Contract, then neither Party is entitled to compensation from the other Party for any costs arising from such termination.

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

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Carlsbad City CouncilJune 25, 2024

Carlsbad City Council
June 25, 2024