the Engineer will recommend to the City Manager for the City of Carlsbad or Executive Manager for the Carlsbad Municipal Water District that the Contractor’s performance of the Contract be accepted. Upon such certification by the Engineer, the City Manager or Executive Manager may accept the Work. Upon the 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. The Engineer will process the release of retention 30 days after Notice of Completion recordation.
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”. In addition, Contractor shall warranty the Work against all latent and patent defects for a period of 10 years.
2. The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
3. All warranties, express or implied, from Subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Agency, and shall be delivered to the Engineer prior to the acceptance o f the Contractor’s performance of the Contract.
4. Replace or repair defective materials and workmanship in a manner satisfactory to the Engineer after notice to do so from the Engineer and within the time specified in the notice.
If Contractor fails to make such replacements or repairs within the time spe cified in the notice, the Agency may perform the replacement or repairs at Contractor’s expense. If Contractor fails to reimburse the Agency for the actual costs, Contractor’s Surety shall be liable for the cost.
The warranty period shall be extended with respect to portions of the Work corrected under warranty. Items that shall be warranted free from defective workmanship and materials for a period longer than 1 year are as follows:
5. If, during the warranty period, any item of the Work is found to be Defective Work, Contractor shall correct it promptly after receipt of written notice from the Agency to do so. The warranty period shall be extended with respect to portions of the Work co rrected as part of the warranty requirements.
ADD 3-13.3.1 Defective Work.
1. If the Engineer finds any part of the Work, to be defective or not in compliance with the Contract Documents, the Contractor shall correct the Defective Work in accordance with the Engineer’s written instructions and within the specified time limits.
2. The Engineer may order Contractor to stop all or part of the Project if, upon notice, Contractor fails to immediately correct the Defective Work in conformance with the Contract
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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 deducti ve Change Order and will incorporate the necessary revisions in the Contract Documents for the Defective Work, the diminished value to the Project, or for the cost to repair the Defective Work.
4. If the Contractor fails to correct Defective Work within the specified time limits, the Engineer may correct the Contractor’s Defective Work. The Agency has the right to correct any Defective Work without notice in the event of an emergency. Contractor sha ll bear all direct and indirect costs of the Defective Work that the Agency corrects.
5. When undertaking remedial action under this section, the Agency may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s Work and or services, and incorporate into the Project all materials and equipment stored at the Site or for which the Agency has paid but Contractor has stored elsewhere.
6. For Building Projects which require a certificate of occupancy, not including sewer and water facilities, if the Contractor fails to correct the Defective Work listed on the Agency’s Punchlist within 30 Working Days in accordance with 6 -1.1, “Construction Schedule,” the Contractor shall reimburse the Agency for all costs to provide inspection services required to monitor the Contractor’s Work beyond the 30 Working Days. The Agency shall bill the Contractor for the additional inspection at the Agency’s established rates.
7. If the Contractor completes the Project or portions of the Project prior to NOC, the Contractor shall preserve equipment by developing and implementing a preventive 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 ten (10) Working Days after completion of the applicable item of Work.
Except for items put into use with the Engineer’s permission with date mutually agreed upon in writing, ensure that the beginning time of the warranty is the Project completion date.
3. The Contractor shall verify that the documents are in proper form, contain full information, and are notarized.
4. The Contractor shall verify that warranties are signed by both the Contractor and the appropriate party.
5. The Contractor shall provide warranties to the Engineer with a neatly typed table of contents, identifying each warranty with the number and title of the applicable specification section requiring the warranty and the name of the product or work item.
6. The Contractor shall separate each warranty with index tab sheets keyed to the table of contents listing. Provide complete information using separate typed sheets as necessary. The
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information shall include a list of Subcontractors and Suppliers with the name, address, and telephone number of the responsible principals.
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 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 Pa rtnering 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.
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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.
ADD 3-15 PUBLIC CONVENIENCE
1. The Contractor shall provide and maintain safe and adequate pedestrian and vehicular access to fire hydrants; hospitals; police and fire stations; commercial and industrial establishments including churches, schools and parking lots; service stations; publ ic transportation; pedestrian crossing; motels and establishments of similar nature. Access shall be continuous and unobstructed unless otherwise approved by the Engineer.
2. The Contractor shall provide access for emergency vehicles and mail delivery and trash collection services. The trash hauling schedule can be obtained by 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.
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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 re scheduled, 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 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.
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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:
1. The Contractor shall repair or replace any equipment and materials in the event of vandalism, damage, or theft at no additional cost to the Agency.
2. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property.
3. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid.
4. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the Work.
However, the accuracy and/or completeness of the nature, size and/or loc ation of utilities indicated on the Plans is not guaranteed.
5. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for thi s Work, full compensation for such Work shall be considered as included in the prices Bid for other items of Work.
6. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff.
7. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish, and place the necessary protection at its expense.
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8. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for.
9. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located.
10. When placing concrete around or contiguous to any non -metallic utility installation, the Contractor shall at its expense:
a. Furnish and install a 2 -inch cushion of expansion joint material or other similar resilient material; or
b. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular space between the concrete and the utility; or
c. Provide other acceptable means to prevent embedment in or bonding to the concrete.
11. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s ope rations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system.
12. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place.” Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of Work necessitating such removals.
13. When feasible, the owner is responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of Work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Contract Documents. Utilities which are relocated to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of Work necessitating such relocation.
14. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered, or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid.
15. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such Work shall be included in the Bid for the items of Work necessitating such Work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.
16. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as nec essary between the
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meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid and will include the restoration of all existing improvements which may be affected by the relo cation. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement.
17. Contractor shall coordinate the Work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the Work and adjacent to the location where such utility structures are shown on the Plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of Work affected by the utility. If such temporary omission is approved by the Engineer, the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer.
18. The Contractor shall notify the Engineer of its Construction Schedule insofar as it affects the protection, removal, or relocation of utilities. The notification shall be included as a part of the Construction Schedule. The Contractor shall notify the Engi neer in writing of any subsequent changes in the Construction Schedule which will affect the time available for protection, removal, or relocation of utilities.
19. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed.
20. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing the Work correctly shown on the Plans.
21. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities.
22. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible or for delays attributable to interferences, relocations, or alterations not covered by the Contract Documents. These damages for delay will be determ ined by the Engineer. The Agency shall not be liable for damages which could have been avoided by the judicious handling of forces, equipment, or plant. These avoidable damages will be determined by the Engineer. The Engineer may grant Contractor an extens ion of time for damages due to delay.
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23. When necessary, the Contractor shall so conduct its operations as to permit access to the Work Site and provide time for utility work to be accomplished during the progress of the Work.
4-2 INSPECTION
4-2.1 General
ADD the following:
1. All costs of inspection at the source, including salaries and mileage costs, shall be paid by the Contractor.
2. Materials typically accepted by Certificate of Compliance shall not require inspection at the source unless specified in the Contract Documents. For a list of these items or materials, Contractor may refer to the Summary of Work.
3. Location changes to the source of materials requiring inspection without the required 24 - hour notification may result in non -compliant material subject to rejection. Contractor shall be responsible for staff charges resulting from last minute changes or cancellations once staff has been deployed. The Engineer shall issue a deductive Field Order for a minimum of 2 hours of staff time to reimburse the Agency for misdirected staff charges. The Contractor shall be notified in writing of the additional staff charges incurred.
4. Steel pipe in sizes larger than 18 inches shall require inspection at the source of production.
5. Vitrified clay and cast -iron pipe in all sizes are acceptable upon submittal of a Certificate of Compliance, subject to sampling and testing by the Agency.
6. Agency staff or a qualified inspection agency approved by the Engineer shall witness all welding, lining, 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 sh all not relieve Contractor from any obligation to fulfill this Contract.
4-2.3 Inspection of Items Not Locally Produced
ADD the following:
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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 Rat es, 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 of time for acts or events occurring outside of, at point of entry, or during transport to the United States, unless the extension is acceptable to the Engineer.
ADD 4-2.4 Specialty Inspection Paid for by the Contractor
1. Contractor shall employ and pay for the services of a qualified inspection agency to perform specialty inspection services as required by the Contract Documents.
2. The payment for the specialty inspection service Work shall be included under the Bid item for “Specialty Inspection Paid For By the Contractor.”
3. When an Allowance Bid item for “Specialty Testing Under the Direction of the Engineer” is provided, Contractor shall employ and pay for the services of a qualified third party independent laboratory to perform the required testing. Contractor shall be reim bursed for the cost of testing under this Bid item.
4. Contractor shall be reimbursed for the cost of specialty inspections when an Allowance Bid item is included in the Bid otherwise the cost is the responsibility of the Contractor if the manufacturer requires a specialty inspection service.
4-3 TESTING
ADD the following:
1. Except as specified in these Special Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
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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 o f any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-4 TRADE NAMES
ADD the following:
1. Whenever materials or equipment are indicated in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function, and quality required.
2. Unless stated otherwise, materials or equipment of other suppliers may be accepted if sufficient information is submitted to the Engineer for review to determine whether the material or equipment proposed is equivalent or equal to that named.
3. For reviews prior to Bid:
a. 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 Site which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours.
e. Certifications from the manufacturer or service provider that the proposed substitute shall perform the intended function adequately under the expected service
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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 s hall remove the substituted item and replace it with the originally specified item at no cost to the Agency.
7. The burden of proof as to the type, function, and quality of any such substitute product, material or equipment shall be upon Contractor. The Engineer may require at Contractor’s expense additional data about the proposed substitute.
8. Acceptance by the Engineer of a substitute item does not relieve Contractor of the responsibility for full compliance with the Contract Documents. If the Engineer takes no exceptions to the proposed substitution, it shall not relieve Contractor from Contra ctor’s responsibility to the efficiency, sufficiency, quality, and performance of the substitute material or equipment in the same manner and degree as the material and equipment specified by name.
9. The Bid submittal shall be based on the material and equipment specified by name in the Contract. If the proposal is rejected by the Engineer, Contractor shall not be entitled to either an extension in Contract Time, an increase in the Contract Price, or both.
10. As applicable, no Shop Drawing or Working Drawing submittals shall be made for a substitute item nor shall any substitute item be ordered, installed, or utilized without the Engineer’s prior written approval.
11. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, a vailability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 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
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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 Subcontract or 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 statem ent of compliance signed under penalty of perjury.
5-3.4 Hours of Labor
ADD the following:
1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 AM and 4:00 PM on Mondays through Fridays, excluding Agency holidays.
The Contractor shall obtain the written approval of the Engineer if the Contrac tor 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
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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 $10,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
ii. Business Automobile Liability Insurance : $5,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non -owned or hired, and whether sched uled or non-scheduled.
iii. Workers’ Compensation and Employers’ Liability Insurance : Workers’ compensation limits as required by the Labor Code and Employers’ Liability limits of $1,000,000 per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City.
iv. Pollution Liability – $2,000,000 per loss and annual aggregate applicable to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed; clean -up costs, including first party cleanup of the City’s property and third -party cleanup, and bodily injury costs if pollutants impact other properties; and defense, including costs, fees and expenses incurred in the investigation, defense, or resolution of claims. Coverage shall include completed operations and shall apply to sudden and non-sudden pollution conditions. Coverage shall apply to acts, errors or omissions arising out of, or in connection with, Contractor’s scope of work under the contract. Coverage shall also apply to non-owned deposit sites (“NOD S”) that shall protect against, for example, claims regarding bodily injury, property damage, and/or cleanup costs involving NODS. Coverage is preferred by the City to be occurrence based.
However, if provided on a claims -made basis, Contractor warrants th at any retroactive date applicable to coverage under the policy precedes the effective date of the contract, and that continuous coverage shall be maintained, or an extended discovery period will be exercised through completion or termination of the contract for a minimum of five (5) years. This provision will not limit or alter any rights or remedies to City allowable under the contract and/or Applicable Law in perpetuity.
v. Builders Risk – Builder’s Risk/Course of Construction (Required upon award of contract only) – “All Risk” (Special Perils) coverage form with limits equal to the completed value of the project and no coinsurance penalty provisions. The
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City of Carlsbad shall be named as loss payee and insurer shall waive all rights of subrogation against the City.
b. Additional Provisions: Contractor shall ensure that the policies of insurance required under this Contract with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions.
i. The Agency, its officials, employees and volunteers must be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; 1 for each company affording general liability, and employers’ liability coverage.
ii. The Contractor’s insurance coverage shall be primary insurance as respects the Agency, its officials, employees and volunteers. Any insurance or self - insurance maintained by the Agency, its officials, employees or volunteers shall be in excess of the Contr actor's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Agency, its officials, employees or volunteers. iv. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
c. Notice of Cancellation. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after 10 Calendar Days’ prior written notice has been sent to the Agency by certified mail, return receipt requested. d. Deductibles and Self -Insured Retention (S.I.R.) Levels. Any deductibles or self - insured retention levels must be declared to and approved by the Agency. At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the Agency, its officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. 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
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transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy No. 70.
h. Verification of Coverage. Contractor shall furnish the Agency with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and 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 Agenc y 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,
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and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials.
ADD: 5-7.1.3 Health and Safety Plan (HSP).
1. The Contractor is ultimately responsible for the health and safety of Contractor’s employees.
These specifications shall not be construed to limit Contractor’s liability nor to assume that the Agency, its employees, or designees shall assume any of Contrac tor’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 pl ace until the Work is accepted.
2. Unless otherwise specified, no separate or additional payment will be made for security and protective devices. Payment shall be included in the Contract price for the various Bid items requiring such devices.
5-7.7.2 Security Fencing
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1. 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.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 sha ll 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 th at 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.
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 movem ent. Horizontal gaps
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between the un -milled 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 asser ted, liability established, or judgments for damages or injuries to any person or property, including to Contractor’s officers, employees, agents, or subcontractors, arising directly or indirectly out of the Work, which arise from, are connected with, or are caused or claimed to be caused by the acts or omissions of Contractor, its officers, employees, agents or subcontractors.
Contractor’s duty to defend, indemnify, and hold harmless shall not include any claims or liabilities arising from the sole neglige nce or sole willful misconduct of the Indemnified Parties.
Contractor further agrees that its duty to defend includes all attorney fees and costs associated with enforcement of this indemnification provision, defense of any claims arising from this Contract, and, where a conflict of interest exists or may exist be tween Contractor and Agency, the reasonable value of attorney fees and costs if Agency chooses, at its own election, to conduct its own defense or participate in its own defense of any claim related to this Contract.
2. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to the Award of the Contract to Contractor, and Contractor will pay all costs, including defense costs for the Agency. Defense costs include the cost of separate coun sel 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 other wise, and Contractor will pay all costs, including defense costs for the Agency. Defense costs include the cost of separate counsel for the Indemnified Parties, if the Indemnified Parties request separate counsel.
4. Contractor shall defend, indemnify, protect and hold the Indemnified Parties harmless from and against any dispute between Contractor and Contractor’s Subcontractors if the Indemnified Parties are made a party to any judicial or administrative proceeding.
ADD 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.
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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 makes or participates in a “governmental decision” in accordance with Title 2, Section 18701, subdivision (a)(2) of the California Code of Regulatio ns, 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 c ode 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 de termination that Contractor shall be subject to a conflict of interest code and file a Form 700 (Annual Statement) on or before April 1st disclosing any financial interests held during the previous calendar year for which Contractor was subject to a conflict of interest code.
4. If the Agency requires Contractor to file a statement of economic interests as a result of the Work performed, Contractor shall be considered an “Agency Official” for conflict of interest purposes, including the prohibition against lobbying the Agency for 1 year following the expiration or termination of the Contract.
5. Contractor’s personnel employed on the Project shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. Contractor shall not recommend or specify any product, supplier, or other Contractor with whom Contractor ha s a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies.
6. If Contractor violates any conflict of interest laws or any of these conflict of interest provisions, the violation shall be grounds for immediate termination of this Contract. Further, the violation subjects Contractor to liability to the Agency for all damages sustained as a result of the violation.
ADD the following: 5-10 ELECTRONIC COMMUNICATION
1. When specified in the Contract Documents, Contractor shall post all communications addressed to the Engineer concerning construction including RFIs, submittals, daily logs, and transmittals to the Project management website established for the Project. The Contractor shall maintain a list of scheduled activities including planned and actual execution dates for all major construction activities and milestones defined in the approved Schedule. The Contractor shall review and act on all communications addresse d to the Contractor in the Project management website. The payment for electronic communications shall be included in the Contract Price.
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ADD the following: 5-11 STATUTORY REFERENCES
1. All references in these Agency Supplemental General Provisions (00 73 00) to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented, or replaced from time to time by the corresponding legislative or regulatory body.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ADD the following:
1. A Payment for the Construction Schedule shall be included in the Contract Price and no separate payment will be made, 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 pe rform the Work in accordance with the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, § 4100 et seq.) at no added cost to the Agency.
ADD the following: 6-2.1 Order of Work.
1. The Contractor shall incorporate the requirements of the city, utility companies or agencies having jurisdiction over the Work in accordance with 2 -4 Cooperation and Collateral Work, including any phasing requirements identified on the Plans or Special Provisions.
2. The Contractor shall submit a phasing plan to the Engineer to accommodate accessibility to the public and Agency staff. Phasing plan must be approved before Work starts. Phasing plan will be considered part of the mobilization Bid item and shall include any revisions or implementation of the Plan.
ADD the following: 6-2.2 Moratoriums.
1. When moratorium periods are specified in the Special Provisions, Contractor shall stop Work and completely demobilize all construction related activity, equipment, and materials within the stated limits prior to the beginning of the moratorium periods at no additional cost to the Agency. The Contractor shall complete any Work that has been started prior to the start of the moratorium.
2. Contractor shall restore and clean the Site prior to each moratorium. The Contractor shall not leave equipment, materials, or traffic control on the Site during the moratorium periods.
Trenches shall be backfilled during moratorium periods. Temporary resurfacing or steel plate covers over trenches shall not be used.
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3. The payment for complying with moratorium requirements shall be included in the Contract Bid. Contractor shall not be entitled to any additional costs for repeated mobilization and demobilization to continue the Work after the moratorium periods. 6-3 TIME OF COMPLETION.
6-3.1 General. The Contractor shall complete the Work within the time specified in the Contract.
If multiple completion milestones are listed, the Contractor shall complete each portion of the Work within the time specified in the Contract for such portion.
Unless otherwise specified, the time of completion of this Contract shall be:
Project Completion Date : The Contractor shall achieve Notice of Completion of the work , including correction of deficiencies and the completion of punch list items , within forty (40) Working Days from the date of commencement specified in the Notice to Proceed.
ADD the following:
1. Unless otherwise specified in the Contract, the time of completion of the Contract shall be expressed in Working Days.
2. The number of Working Days specified for the walk-through, preparation, and the completion of Punchlist items until acceptance shall be included in the stipulated Contract Time.
3. For pipeline Projects, the following shall be included in the stipulated Contract Time:
a. Complete each 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.
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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.
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 inclu de in Contractor’s request a general description of the basis for and the estimated length of any extension and submit supporting data, including a time impact analysis setting forth the claimed Critical Path impacts to the Construction Schedule consistent with Section 1.14 (Change Orders, Delays, and Extensions of Time).
3. The Engineer shall not grant an extension of Contract Time unless Contractor demonstrates, through an analysis of the critical path, the following:
a. The event causing the delay impacted the activities along the Project’s critical path. b. The increases in the time to perform all or part of the Project beyond the Contract Time arose from unforeseeable causes beyond Contractor’s control and without Contractor’s fault or negligence.
c. All Project float has been used.
4. The Engineer shall issue a weekly document that stipulates the Contract Time. If Contractor does not agree with this document, Contractor shall submit to the Engineer for review a written protest supporting Contractor’s objections to the document within 15 Working Days after receipt of the weekly document. Contractor’s failure to file a timely protest shall constitute Contractor’s acceptance of the Engineer’s weekly document. a. Contractor’s protest will be considered a claim for time extension and shall be subject to 2-10.1, “Claims.”
6-4.4 Written Notice and Report.
DELETE in its entirety and SUBSTITUTE with the following:
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1. Contractor’s failure to file with the Engineer a written request and report of cause within 24 hours will be considered grounds for refusal by the Agency to consider such request.
2. The Contractor shall provide written notice to the Engineer within 2 hours after the beginning of the delay, or when the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each Working Day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each worker and supervisor and the make and model of all equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore.
3. The request for payment or extension must be made at least 15 Calendar Days prior to the specified completion date. Failure by the Contractor to provide notices and reports as specified in the Contract will be considered grounds for refusal by the Agency to consider such request.
6-6 SUSPENSION OF THE WORK
6-6.1 General.
ADD the following:
1. The Agency reserves the right to shut down any trenching operation if Contractor is not proceeding within a reasonable period of time to restore the pavement and Site cleanup. A reasonable period of time is considered to be 5 to 10 Working Days after backf illing any 1 block, approximately 600 feet, of pipeline. The Engineer shall determine the period of time allowed which shall not be subject to dispute.
2. During periods when the Work is suspended, Contractor shall be prepared for any emergency Work that shall be supervised by Contractor’s representative.
3. Trenching operations are subject to suspension if the Contractor does not comply with the requirements for the maximum length of open trench specified in 306-3.5. 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT
6-7.1 General.
DELETE in its entirety and SUBSTITUTE with the following:
1. Prior to the Acceptance of the Work, Contractor shall be found in default of the Contract if:
a. Contractor becomes insolvent, assign Contractor’s assets for the benefit of Contractor’s creditors, are unable to pay Contractor’s debts as they become due, or are otherwise financially unable to complete the Work.
b. Contractor abandons the Work by failing to report to the Site and by failing to diligently execute the Work to completion.
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c. Contractor disregards written instruction from the Engineer or materially violates provisions of the Contract Documents.
d. Contractor fails to execute the Work according to the Schedule approved by the Engineer.
e. Contractor disregards laws or regulations of any public body having jurisdiction. f. Contractor commits continuous or repeated violations of regulatory or statutory safety requirements.
g. Contractor fails to notify the Engineer upon discovery of items of Native American, Archaeological, or Paleontological interests.
2. Notices and other written communications regarding default between the Contractor, the Agency, and the Surety shall be transmitted in accordance with 5- 2, “SPECIAL NOTICES.” 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE.
DELETE in its entirety and SUBSTITUTE with the following:
1. At any time, the Agency may at its sole discretion terminate this Contract in whole or in part.
If the Agency decides to terminate this Contract for convenience, the Agency shall issue a written notice of termination 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.
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b. The fair and reasonable cost of settling and paying termination settlements for terminated subcontracts that are chargeable to the terminated portion of the Contract.
c. The Agency shall pay Contractor a prorated amount of profit for Work that Contractor performed. The Agency shall not pay for lost profit on Work that was not performed by Contractor.
6-8.2 Termination Settlement.
1. After termination, Contractor shall submit a final termination settlement proposal to the Engineer no later than 3 months from the effective date of termination, unless extended in writing by the Engineer.
2. If Contractor fails to submit the proposal within the time allowed, the Agency may determine and pay the fair and reasonable amount that may be due Contractor as a result of the termination. If Contractor does not agree that the amount determined by the Engineer is fair and reasonable, Contractor must notify the Engineer within 30 Calendar Days of receipt of payment.
6-8.3 Determination of Amount Due the Contractor.
1. In determining the amount due Contractor, the Agency shall deduct the following:
a. The fair value of property destroyed, lost, stolen, or damaged 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, the Engineer will process the release of retention after 30 Calendar days. Unless otherwise specified or required by statute, Contractor shall maintain all records and documents relating to the terminated portion of the Contract for 3 years after final settlement. This includes all books and other evidence bearing on Contractor’s costs, expenses, and settlement under the Contract.
Contractor shall make these records and documents available to the Agency, at Contractor’s office, at all reasonable times, without any direct charge. If approved by the Engineer, Contractor may maintain photographs, microphotographs, and other authentic reproductions instead of original records and documents. 6-8.5 The Agency’s Right to Terminate or Suspend for Loss of Project Funds.
1. The Agency may terminate or suspend the Contract at its sole discretion if the State of California or its agents render the funds being used to fund this Project unavailable. If the Agency chooses to suspend the Contract, that suspension shall last until f unds are identified and approved by the Board, whichever is appropriate, to be used to complete this Project. If the Agency elects under this provision to terminate the Contract, then neither Party is entitled to compensation from the other Party for any c osts arising from such termination.
The Agency may also elect to terminate after invoking a suspension under this provision.
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6-9 LIQUIDATED DAMAGES
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor’s failure to complete the Work within the time allowed shall result in damages being sustained by the Agency. Such damages are, and shall continue to be, impracticable and extremely difficult to determine. For each consecutive Working Day in excess of the time specified for the completion of the Work, as adjusted in accordance with 6 -4, “DELAYS AND EXTENSIONS OF TIME,” Contractor shall pay to the Agency, or have withheld from monies due it, the sum described in the table below, along with any oth er damages that may be sustained by the Agency during the Project, unless otherwise specified in the Special Provisions.
2. The execution of the Contract shall constitute agreement between Contractor and the Agency that the liquidated damage amount described in the table below is the value of the damage caused by Contractor’s failure to complete the Work within the allotted time. Such sum shall not be construed as a penalty and may be deducted from Contractor’s payments if such delay occurs.
Contract Value Liquidated Damage Daily Amount
Less than $100,000 $1,000
$100,000 and more $2,500
3. Any progress payments made to Contractor after the specified completion date shall not constitute a waiver of payment for damages sustained by the Agency under this section.
ADD the following: 6-10 RIGHT TO AUDIT
6-10.1 General.
1. The Agency retains the right to review, audit, reasonably access Contractor’s and all Contractor’s Subcontractor’s premises to review and audit Contractor’s compliance with the provisions of the Contract. This includes the right to inspect, photocopy, and retain copies, outside of Contractor’s premises, of all records with appropriate safeguards if such retention is deemed necessary by the Agency in its sole discretion. The Agency will keep this information in strictest confidence.
2. Contractor shall include the Agency’s right to audit in its subcontracts and ensure that these specifications are binding upon all Subcontractors.
6-10.2 Audit.
1. The right to audit includes the right to examine any and all books, records, documents, and any other evidence of procedures and practices that the Agency determines is necessary to discover and verify that Contractor are in compliance with all requirement s under the Contract.
2. If there is a claim for additional compensation or for changes in Work, the right to audit also includes the right to verify all direct and indirect costs which are claimed to have been incurred, anticipated to be incurred, or for which a claim for additio nal compensation or for changes in the Work have been submitted.
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3. Contractor shall maintain complete and accurate records in accordance with generally accepted accounting practices in the construction industry. Contractor shall also make available to the Engineer for review and audit all Project -related accounting record s and documents and any other financial data. Upon the Engineer’s request, Contractor shall submit exact duplicates of originals of all requested records to the Engineer. 6-10.3 Compliance Required Before Mediation and Litigation.
1. As a condition precedent to proceeding with mandatory mediation and further litigation under 2 -10.2, “Dispute Resolution Process” Contractor shall comply with the audit specifications within 60 Calendar Days of the Engineer’s notice to review and audit compliance. See 5-2, “SPECIAL NOTICES.”
SECTION 7 – MEASUREMENT AND PAYMENT
7-1.2 Methods of Measurement
ADD the following:
Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures.
7-2 LUMP SUM WORK
7-2.1 Schedule of Values (SOV).
1. Submit a SOV for the lump sum Bid items of the Work to the Engineer for review and approval at the pre-construction meeting.
2. The SOV shall:
a. Subdivide the Work into its respective parts.
b. Include values for all items comprising the Work.
c. Serve as the basis for monthly progress payments.
3. The Engineer is the sole judge of acceptable numbers, details, and description of values established. If, in the opinion of the Engineer, a greater number of SOV items than proposed by Contractor is necessary, add the additional items identified by the Eng ineer. When requested by the Engineer, provide substantiating data in support of the SOV.
4. The Contractor shall incorporate the SOV into the cost loading function of the Schedule in accordance with 6 -1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.” Monthly progress payment amounts for Lump Sum items shall be determined from the monthly updates of the Schedule activities.
5. The Contractor shall develop the SOV independently but simultaneously with the development of the Schedule activities and logic. Incorporate phase funding impacts, if applicable, into the Schedule.
6. The Contractor shall break down the Work not specifically included in the Bid as necessary for establishment of cost and Schedule activity.
7. Following acceptance of the SOV, the Contractor shall incorporate the changes (if any) into the cost loading portion of the Schedule. Where coordination of the Schedule and the SOV
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requires changes made to 1 or both documents, the Contractor shall propose changes to the SOV and to the Schedule activities to satisfy the Schedule cost loading requirements.
8. The Contractor shall update and submit these listings in conjunction with the Schedule monthly submittals.
9. The Contractor shall incorporate issued Change Orders or Field Orders in the Schedule into the SOV as single units identified by the Change Order or Field Order number.
10. Changes to the Schedule which add activities not included in the original Schedule but included in the original Work (schedule omissions) shall have values assigned as accepted by the Engineer. Other activity values shall be reduced to provide equal value adjustment increases for added activities as accepted by the Engineer.
11. In the event that the Contractor and the Engineer agree to make adjustments to the original SOV because of inequities discovered in the original accepted SOV, increases and equal decreases to values for activities may be made.
12. The payment for the preparation of the SOV shall be included in the Contract Price. 7-3 PAYMENT
7-3.1 General.
To paragraph (8), DELETE in its entirety and SUBSTITUTE with the following:
If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money plus 25 percent due for such labor or materials will be withheld from payment in accordance with applicable laws. At the expiration of 30 Calendar Days from the date of recording the NOC, the amount deducted from the final estimate and retained by the Agency shall be paid to Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment.
1. Unless specified otherwise, the Contract Price includes use, consumer, and other taxes mandated by applicable legal requirements. The Contract Price is not subject to adjustment for tax increases.
2. As provided in California Public Contract Code Section 7105, if the Contract is not financed by revenue bonds, Contractor is not responsible for the cost of repairing or restoring damage to the Project when damage was proximately caused by an Act of God, i n excess of 5% of the Contract Price, if the following occur:
a. The damaged portion of the Project was built in accordance with the Contract requirements.
b. There are no insurance requirements in the Contract for the damages.
3. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the Notice of Completion.
7-3.2 Partial and Final Payment.
To paragraph (5), DELETE in its entirety and SUBSTITUTE with the following:
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Pursuant to Public Contract Code Section 22300, Contractor shall have the option, at Contractor’s expense, to substitute for any money withheld by the Agency, securities equivalent to the amount being withheld. Securities eligible for such substitution are bank or savings and loans certificates of deposit or such securities which are eligible for investment pursuant to Government Code Section 16430. As to any such security or securities so substituted for monies withheld, Contractor shall be the beneficial owner of same and shall receive any accrued interest.
Such security shall, at Contractor’s request and expense, be deposited with the Agency or with a State or Federally Chartered bank as the escrow agent who shall pay such monies to Contractor upon notification by the Engineer that payment can be made. Such notification shall be given at the expiration of 30 Calendar Days from the date of NOC, or as prescribed by law, provided however, that there shall be a continued retention of the necessary securities t o cover such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained.
ADD the following:
1. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid item and Change Order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be s ubject to correction in the Final Payment Estimate.
The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitti ng the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all Contract Bid items and Change Order items.
If the Contractor submits a written statement with supporting documents within 30 Calendar Days from receipt of the Final Payment Estimate, the Engineer will review the disputed item within 30 Calendar Days and make any appropriate adjustments on the Final Payment.
Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 2-10.1.1, Initiation of Claim.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.
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2. Final Payment and release of Retention shall be paid after Contractor submits the following:
a. An affidavit that payrolls and bills for materials, equipment, and other indebtedness connected with the Work for which the Agency or the Agency’s property might be responsible for or encumbered by. Fewer amounts withheld by the Agency shall have been paid for or otherwise satisfied.
b. A certificate evidencing that insurances required by the Contract Documents shall remain in force after Final Payment is currently in effect and shall not be canceled or allowed to expire until at least a 30 Calendar Days prior written notice has been given to the Engineer.
c. Consent of Surety to Final Payment.
d. If required by the Engineer, other data establishing payment or satisfaction of obligations such as receipts, releases and waivers of liens, claims, and security interests or encumbrances arising out of the Contract Documents. If a Subcontractor refuses to furnish a release or waiver required by the Agency, Contractor may furnish a bond satisfactory to the Engineer to indemnify the Agency against such lien. e. If required in the Contract Documents, the successful completion and submittal of the required reports such as construction demolition, waste recycling, and hydrostatic discharge reports.
f. Required documentation, record drawings, operations manuals, test reports, warranty documentation, and UL labels shall be submitted before requesting the release of retention.
ADD the following: 7-3.2.1 Application for Progress Payment.
1. By the 5th day of each month, sign, fill out, and submit to the Engineer a partial payment estimate that identifies acceptable Work performed during the previous month, or since the last partial payment estimate was submitted. If requested by the Engineer, provide such additional data as may be required to support the payment estimate. Such data may include submission of signed field orders and satisfactory evidence of payment for equipment, materials, and labor, including payments to Subcontractors and Suppliers.
2. For application for progress payments, Contractor shall use the format required by the Agency. An electronic copy of the invoice form is available from the Engineer upon request.
Progress payments shall be signed, and the date of the invoice shall be the d ate that the invoice is submitted.
3. The Agency shall not pay progress or partial payments until Contractor submits to the Engineer an updated Schedule. It is solely the Contractor’s responsibility to prepare and submit the Schedule updates.
4. Disputed or incorrect applications shall be returned to the Contractor within 7 Calendar Days with documentation describing the reason for the rejection of the payment request.
ADD the following: 7-3.2.2 Amount of Progress Payments.
1. If an undisputed and properly submitted application for payment is received by the Engineer, the Agency shall pay Contractor within 30 Calendar Days after the Engineer receives the application for Payment consistent with Public Contract Code Section 20104. 50. The Agency shall pay Contractor for the Work performed, including the payment for offsite stored
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materials per section 7-3.3.1.2, through the period covered by the application for payment if the payment amount before Retention does not exceed the percentage of completion of the Work as set forth in the SOV.
ADD the following: 7-3.2.3 Waiver of Claims at Final Payment.
1. Contractor’s acceptance of Final Payment constitutes a waiver of affirmative claims by Contractor, except those previously made in writing and identified as unsettled at the time of Final Payment, which are expressly reserved by Contractor from operation o f its Release of Claims pursuant to Public Contract Code Section 7100 or other Applicable Law.
ADD the following: 7-3.2.4 Withholding of Payment and Back Charge.
1. The Engineer may withhold payment for any of the following reasons:
a. Defective or incomplete Work.
b. Stop notices, wage orders, or other withholdings required by Applicable Law. c. Contractor’s failure to comply with 5 -3.3, “Payroll Records” and the Contractor Registration and Electronic Reporting System requirements of the Contract Documents.
d. Failure to submit monthly Construction Schedule updates.
2. The Engineer may back charge the Contractor for any of the following reasons:
a. Defective or incorrect Work not remedied.
b. Damage to Agency property or a third party’s property that was caused by Contractor. c. Liquidated Damages.
d. Non-attendance at meetings without prior cancellation notice. e. Failed inspections or re-inspections paid by the Agency. 7-3.3 Delivered Materials
DELETE in its entirety and SUBSTITUTE with the following:
1. The cost of materials and equipment delivered but not incorporated into the Work will not be included in the progress estimate.
ADD the following: 7-3.3.1 Payment for Stored Materials on Site.
ADD the following: 7-3.3.1.1 General.
1. When authorized, Contractor may request payment for materials and equipment which has not been incorporated into the Work but will be at a later date and will be delivered and stored at the Project Site.
2. The material shall meet the Contract requirements and the material’s required test results and certifications shall be filed with the Engineer.
3. Only non -perishable materials for major items of Work or Materials Subject to Price Adjustment shall be considered for payment for on -site storage. However, each individual item has a value of more than 1% of the Contract Price and shall become a permanent part of the Work.
4. Materials cost shall be evidenced by the manufacturer’s paid invoice bearing the statement that Contractor has paid all invoices in full.
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5. The payments for the stored materials shall not exceed the invoice price or 60% of the Bid prices for the pay items into which the materials are to be incorporated, whichever is less, unless otherwise approved by the Engineer.
6. Apply for the payment for materials stored on a form provided by the Engineer and attach documentation to show the following:
a. The amount paid on the invoice (or other record of production cost) for the stored items.
b. The dollar amount of the material incorporated into each of the various Work items for the month.
c. The amount that should be retained for stored materials. d. That Contractor has received the materials and equipment free and are clear of all liens, charges, secured interests, and encumbrances.
e. That the materials and equipment are covered by the appropriate property insurance in accordance with the insurance provisions and other arrangements that protect the Agency’s interest.
7. Contractor shall provide the Engineer, upon request and prior to any partial payment, documentation which transfers full legal title to such materials to the Agency conditional only upon receipt of the Final Payment. Such transfer of title or any partial p ayment shall not constitute acceptance by the Agency of the materials nor shall it void the right to reject materials subsequently found to be unsatisfactory in accordance with SECTION 4 – CONTROL OF MATERIALS. This shall also not relieve Contractor of any obligation arising under the Contract Documents.
8. The payments for materials on-site are subject to retention as set forth in 7-3.2, “Partial and Final Payment.”
9. Contractor shall assume all risks associated with the loss or damage to the stored products for which payment has or has not been received.
10. Equipment and materials shall be stored in accordance with manufacturer’s recommendations. The stored products shall be in a form ready for installation. The Agency shall not pay for raw materials or parts and pieces of equipment.
11. Any and all surplus materials that are not incorporated in the Work shall become Contractor’s property at no additional cost to the Agency.
12. Unless specifically provided in the Contract, payment for the materials on hand shall not be included when determining the percentage of Work completed.
13. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency.
ADD the following: 7-3.3.1.2 Payment for Stored Materials Offsite.
1. The payment of materials and equipment delivered and stored offsite shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set
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forth in the Contract Documents and all other requirements necessary to preserve equipment warranties for the benefit of the Agency.
2. The Agency reserves the right to refuse approval for the payment of any equipment or materials suitably stored offsite in its sole discretion, regardless of whether all conditions in the Contract Documents have been met.
3. Partial payment may be made for products eligible for offsite delivery and storage only upon Contractor’s presentation of a bill of sale, a paid invoice, or an affidavit certifying that the material is received by the Contractor free and clear of all liens, encumbrances, and secured interest of any kind including offsite delivery.
4. Partial payment for products delivered and stored offsite shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipme nt warranties for the benefit of the Agency.
5. The cost of materials and equipment delivered but not incorporated into the Work will not be included in the progress estimate.
6. Costs associated with the delivery to and storage at an offsite facility shall be at Contractor’s expense regardless of the Engineer’s approval to deliver and store the materials.
7. Contractor shall provide written evidence to the Engineer of having made arrangements for unrestricted access by the Agency and the Agency’s authorized representatives to the materials wherever stored, including provisions for the Agency to take control and possession of such materials at any time and without restriction. Contractor shall furnish the Engineer a permit of entry, from the owner of the property, for at least 6 months after the NOC has been filed. The permit of entry shall contain information similar to the following:
PERMIT OF ENTRY: Permission is granted to the Agency and its designated employees or agents to enter upon the property described in this permit for a period of not less than 6 months after the NOC has been filed for (Synthetic Turf Replacement - Poinsettia Projectfor the purpose of removing materials for which advance materials on hand payment has been made to (Contractor’s Name). The property is owned by (Owner’s Name) and is described as follows: (Address and Description of Property). (Include signature(s) and da te(s) for owner and lessee or purchaser, and, if appropriate, attach a copy of a warehouse receipt or contract for storage.
8. The material shall be clearly marked and identified as being specifically fabricated, produced, and reserved for use on the Project. The Contractor shall provide payment documentation for the materials.
7-3.4 Mobilization.
ADD the following:
1. Mobilization consists of Work necessary for the movement of personnel, equipment, supplies, and incidentals to and from the Site; for establishment of all offices, buildings, storage yards, and other facilities necessary for the Work; and for all other Wor k and operations which shall be performed prior to beginning the Work and after completion of the Work on the various Contract items on the Site.
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2. Contractor shall properly design the Project parameters to incorporate construction mobility for moving on and off the Site in a manner that limits disturbance to the surrounding residences, businesses, and any other citizens. This includes the designated staging areas, loading areas, and assemblage areas. Contractor shall consider and address access rights of the public at all times. Prepare a mobilization plan that shall describe and govern Contractor’s mobilization activities.
3. When a Bid item has been provided for “Mobilization /Demobilization,” payment for mobilization Work shall be distributed over two (2) progress payments up to the Bid amount of the “Mobilization/Demobilization” Bid item but shall not exceed 3% of the Contract Price for each bid schedule. If Contractor’s Bid item for “Mobilization” exceeds 3% of the Contract Price, then anything above 3% of the Contract Price shall be paid as a part of the Final Payment.
4. The complete dismantling and removal of all of Contractor’s properties, temporary facilities, equipment, materials, construction wastes, and personnel at the Site referred to as demobilization is included in the payment for mobilization, unless there is a Bid item for demobilization.
5. If a separate Bid item has not been provided for mobilization, the payment for mobilization is included in the Contract Price.
7-3.5 Contract Unit Prices
7-3.5.1 General.
ADD the following:
1. Unit Bid prices shall not be subject to adjustment regardless of quantity used or if none is used for the following Bid items:
a. Mobilization & Demobilization
b. General Conditions
c. Erosion Control, SWPPP, Implementation and Maintenance d. Record Drawings
e. Site Demolition
f. Selective Site Demolition: Anchor Goals
g. Fine & Finish Grading
h. Remove and Replace Synthetic Turf Edge/Nailer Board
i. Synthetic Turf
j. Synthetic Turf Installation
k. Supplemental Pad
l. Supplemental Pad Installation
m. Turf Ballast (2.5 lbs/sf)
n. Turf Ballast (2.5 lbs/sf) Installation
o. Additional Turf Materials
p. Maintenance Equipment
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2. Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an 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 paymen t, 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.
3. Should the actual quantity of an item of Work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Se ction 2-8; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price.
ADD the following: 7-3.9 Field Orders.
1. The Agency shall pay Field Order items of the Work in accordance with the limits below if the cumulative total of Field Orders does not exceed the “Field Orders” Bid Item:
Contract Price Maximum Field Order Amount
Less than $100,001 $2,500
$100,001 to $1,000,000 $5,000
$1,000,001 to $5,000,000 $10,000
Greater than $5,000,000 $20,000
ADD the following: 7-3.10 Compensation Adjustments for Price Index Fluctuations.
1. Unless otherwise specified, the provisions of this section apply only to the paving asphalt used in the following:
a. Asphalt Concrete Pavement
b. Asphalt Pavement Repair
c. Scheduled and Unscheduled Base Repair
d. Slurry Seal or any other asphalt emulsion
2. The compensation for paving asphalt shall be increased or decreased for paving asphalt price fluctuations in accordance with 7 -3.11 “Compensation Adjustments for Price Index Fluctuations” in the Caltrans Standard Specifications.
3. The adjustment in compensation shall also be subject to the following:
a. Show the provided compensation adjustments separately on payment estimates.
Contractor is liable to the Agency for decreased compensation adjustments and the Engineer may deduct the amount from moneys payable or that may become payable to Contractor.
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b. In the event of an overrun of Contract Time, adjustment in compensation for asphalt binder included in estimates during the overrun period shall be determined using the California Statewide Crude Oil Price Index in effect on the first business day of the month within the pay period in which the overrun began. c. In the event that the companies discontinue posting their prices for a field, the Engineer shall determine an index from the remaining posted prices. The Agency reserves the right to include in the index determination the posted prices of additional fields.
4. Contractor may opt out of the payment adjustments for price index fluctuations when specified in the Contract Documents by submitting a letter with the Bid. 7-4 PAYMENT FOR EXTRA WORK
7-4.1 General.
ADD the following:
1. With every request for payment, Contractor shall submit to the Engineer a breakdown showing monthly and cumulative amounts of the Work performed under the Change Order by Contractor and Contractor’s Subcontractors. The reporting format shall be approved by the Engineer.
2. When the price for the Extra Work cannot be agreed upon, the Agency will pay for the Extra Work based on the accumulation of costs.
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor.
ADD the following:
1. The costs of labor will be the actual cost for wages of workers performing the Extra Work at the time the Extra Work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacatio n, apprenticeship funds, and other direct costs, resulting from federal, state, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements.
2. The use of a labor classification which would increase the Extra Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such cos ts are not included in the invoice for equipment rental. The labor cost for foremen shall be proportionate to all their assigned work and only that applicable to Extra Work will be paid.
3. Non-direct labor costs, including superintendence, shall be considered part of the markup of Section 7-4.2.1(1).
4. The Agency reserves the right to request the following:
a. Financial records of salaries for an employee.
b. Wage rates/Certified Payroll.
c. Bonuses and deductions.
5. Contractor shall list the labor rates of its personnel and Subcontractors who work on the Project. The payment for payroll records is included in the Contract Price.
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6. If Contractor’s proposal for Extra Work is based upon services and Work to be performed outside Normal Working Hours, the labor charges associated with the Extra Work shall consist of straight time wages and burdens plus the appropriate overtime or shift p remium with no additional burdens, such as fringe benefits, on the premium portion. 7-4.2.2 Tool and Equipment Rental.
DELETE in its entirety and SUBSTITUTE with the following:
1. No payment shall be made for the use of tools which have a replacement value of $200 or less.
2. Regardless of ownership, the rates and delay factors to be used in determining equipment rental costs shall not exceed those listed in the latest edition of the Caltrans publication entitled “Labor Surcharge and Equipment Rental Rates” preceding the date t he Work is accomplished. The latest edition of the Caltrans publication is available at www.dot.ca.gov.
The delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and Subcontractors, if any. The labor surcharge rates published therein are not a part of this Contract.
3. Contractor shall be entitled to a rental rate adjustment when Contractor can substantiate that the rental rates prevailing locally exceed the published rates by more than 15%. For equipment not listed in the Caltrans publication, rental rates shall not exc eed listed rates prevailing locally at equipment rental agencies or distributors at the time the Work is performed.
4. Whenever possible, Extra Work shall be accomplished using equipment available on Site or owned by Contractor. If a specific piece of equipment shall be rented to be used exclusively for the Extra Work, the rental rate shall be the invoiced rate. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the Extra Work shall be included.
5. If rental equipment is not being used or used intermittently and could be returned to its rental source rather than holding it at the Work Site, the Contractor shall return the equipment at no expense to the Agency unless Contractor elects to keep it at the Work Site at Contractor’s expense.
6. The reported rental time for equipment already at the Work Site shall be the duration of its use on the Extra Work. This time shall begin when equipment is first used on Extra Work, plus the time required to move it from its previous site and back or from its previous site to a closer site.
7. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used.
7-4.2.3 Materials.
The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job Site in the quantities involved, plus sales tax, freight, and delivery.
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The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency.
7-4.2.4 Invoices.
Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report.
7-4.3 Markup.
7-4.3.1 Work by the Contractor.
DELETE in its entirety and REPLACE with the following:
The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits:
Labor 20
Materials 15
Equipment Rental 15
Other Items and Expenditures 15
To the sum of the costs and markups provided for in this section, 1% shall be added as compensation for bonding.
7-4.3.2 Work by a Subcontractor.
DELETE in its entirety and REPLACE with the following:
When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such Work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the Extra Work and a markup of 5 percent on Work added in excess of $5,000 of the subcontracted portion of the Extra Work may be added by the Contractor.
7-4.4 Daily Reports.
ADD the following:
Payment for Extra Work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
When the price for the Extra Work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day , and other services and expenditures when authorized. Payment for Extra Work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
Failure to submit the daily report by the close of the next Working Day may waive any rights for
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that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately . Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor.
The report shall:
1. Show names of workers, classifications, and hours worked.
2. Describe and list quantities of materials used.
3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable.
4. Describe other services and expenditures in such detail as the Agency may require.
SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL
a.
END OF SECTION
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS
INTRODUCTION
The Specifications contained in this 00 74 00 Agency Supplemental Technical Provisions take precedence over the specification language contained in the Standard Specifications for Public Works Construction, "The Greenbook" latest edition and all errata. This specification addresses the unique conditions in 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/Contractors local technical bookstore or directly from the publisher. These Agency Supplemental General Provisions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies.
When used in the Contract Documents, statements or command phrases (active voice and imperative mood) refer to and are directed at the “Bidder” or “Contractor” as applicable. The Specifications are written to the “Bidder” before award and the “Contractor” after award. Before award, interpret sentences written in the imperative mood as starting with “The Bidder shall.” Interpret the term “you” as “the Bidder” and interpret the term “your” as “the Bidder’s.” After award, interpret sentences written in the imperative mood starting with “The Contractor shall.” Interpret the term “you” as “the Contractor” and interpret the term “your” as “the Contractor’s.
PART 2 CONSTRUCTION MATERIALS
SECTION 200 – ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General.
ADD the following:
1. Aggregate base shall be Crushed Aggregate Base per Greenbook Section 200 -2 and as specified in this section.
200-2.2 Crushed Aggregate Base.
200-2.2.1 General.
ADD the following:
Crushed Aggregate Base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base.
1. The aggregate shall not be treated with lime, cement or other chemical material before tests are performed.
2. Samples for testing shall represent every 500 cubic yards or one day's production, whichever is smaller. If the results of the aggregate grading tests do not meet the requirements for Percentage Passing Sieve as specified in Table 200-2.2.2, but meet the Quality Requirements as specified in Table 200 -2.2.3, placement of the aggregate base may be continued for the
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remainder of that day. However, another day's Work may not be started until test results indicate to the satisfaction of the Engineer that the next material to be used in the Work will comply with the requirements specified for Percentage Passing Sieve.
3. If the results of both the aggregate grading and Sand Equivalent tests do not meet the requirements of Section 200-2.2, the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor, and approved at the sole discretion of the Engineer, the aggregate base may remain in place and the Contractor shall pay to the Agency $50 per cubic yard for such aggregate base left in place. The Agency may deduct this amount from any moneys due, or that may be come due, to th e Contractor under the Contract.
SECTION 206 – MISCELLANEOUS METAL ITEMS
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PART 3 CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEANING AND GRUBBING.
DELETE 300-1.2 Root Pruning and Tree Trimming.
300-1.3 Measurement.
DELETE in its entirety and REPLACE with the following:
1. Clearing and grubbing, if measured for payment, will be measured by the acre or lump sum. 300-1.4 Payment.
DELETE the second sentence.
302-8 SEALCOAT FOR MISCELLANEOUS AREAS.
302-8.2.1 General.
DELETE the second paragraph and REPLACE with the following:
1. Sealcoat material shall be diluted using clean, potable water in an amount not to exceed 20 percent of the total volume.
302-8.2.2. Spreading.
DELETE the first paragraph and REPLACE with the following:
1. Sealcoat shall be applied when the atmospheric temperature is greater than 55°F (13°C) and if rain is not forecast for the period of 24 hours after application; or as specified by the Engineer.
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT
MARKERS
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. 314-2.1 General.
DELETE in its entirety and REPLACE with the following:
1. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings.
2. The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the Plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted w hen there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer.
3. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to le ave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding.
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4. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a min imum 30mm (0.10’) thick asphalt concrete overlay is not permitted.
314-2.2 and 314-2.3
314-3 REMOVAL OF PAVEMENT MARKERS.
1. striping.
PART 4 EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-2 PERMANENT SURVEY MARKERS.
ADD the following:
1. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California (“Surveyor”) to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than 30 Calendar Days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by Business and Professions Code Sections 8772 and 8773 et seq..
2. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 Calendar Days of paving unless the Engineer s hall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer.
SECTION 401 – REMOVAL
401-2 ASPHALT CONCRETE PAVEMENT.
DELETE in its entirety and REPLACE with the following:
1. Asphalt concrete pavement shall be removed to clean, straight lines. Removal performed by cold milling shall conform to 404. Adjacent AC/AB sawcut and removal associated with concrete construction shall be full depth and a minimum width of 12 inches from f ace of concrete edge and continue along the concrete scheduled for removal. Removal and disposal of adjoining AC/AB section shall be incidental to the removal of concrete structure Bid item per this Section. Replacement of adjoining AC/AB section shall be incidental to replacement of the concrete
401-3 CONCRETE AND MASONRY IMPROVEMENTS.
401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway and Alley Intersections.
DELETE in its entirety and REPLACE with the following:
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1. Concrete shall be removed to neatly sawed edges with saw cuts made through the entire thickness. Concrete sidewalk or driveway to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30 inches (750 mm) in either length or width.
All existing concrete shall be removed to the nearest joint. Concrete shall be removed to neatly sawed edges with saw cuts made to a depth deep enough to produce a clean straight break without loosening, cracking or damaging adjoining improvements. Curb and gutter shall be sawed on a neat line at right angles to the curb face. PCC and all other material unsuitable for use as fill, as determined by the Engineer, shall be removed from the right-of- way and disposed of by the Contractor at a site of his own choice and shall pay all costs incidental to the disposal.
ADD the following: 401-3.2.1 Adjacent Asphalt Concrete (AC/AB) Sawcut and Removal.
1. Adjacent AC/AB sawcut and removal associated with concrete construction shall be full depth and a minimum width of 12 inches from face of concrete edge and continue along the concrete scheduled for removal. Removal and disposal of adjoining AC/AB section s hall be incidental to the removal of concrete structure Bid item per this Section. Replacement of adjoining AC/AB section shall be incidental to replacement of the concrete as specified in Section 303-5.
SECTION 402 – UTILITIES
402-1 LOCATION.
402-1.1 General.
DELETE the first paragraph and REPLACE with the following:
1. Known utilities and their respective owners are shown on the Plans or specified in the Special Provisions and their locations are based on available records. The accuracy and/or completeness of the utilities shown on the Plans is not guaranteed and actual locations must be confirmed by potholing. Where underground utilities are shown on the Plans, the Contractor shall assume every property parcel will be served by a service connection for each type of utility.
INSERT, after the first sentence of the third paragraph, the following:
Subsurface installations shall be located at least 5 Working Days and at least 500 feet in advance of any construction heading and the results reported in written form to the Engineer.
402-2 PROTECTION.
DELETE the first 3 paragraphs and REPLACE with the following:
1. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the utility owner or direction from the Engineer. Valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Excavation of soils providing support to pressure pipeline thrust blocks may require isolation and de - pressurization of the pipeline prior to the installation of support devices and the Contractor shall coordinate such Work with the utility owner.
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2. Where a vertical separation distance of 12 inches cannot be attained between a proposed utility and an existing utility greater than 4 inches in diameter, place a 1-inch thick neoprene or silicone pad with Shore A durometer hardness of 50 to 70 (ASTM D2240 ) in contact with the top of the lower utility and backfill with Portland cement concrete sand conforming to 203-1.5.5 to 3 inches above the bottom of the upper utility. The width of the pad shall be equal to the width of the trench and the length shall extend 1 foot beyond the outer limits of the existing utility.
3. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with 402-1, the Contractor shall, unless otherwise specified, furnish and place the necessary protection at its expense.
4. Upon learning of the existence and location of any utility omitted from 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 as provided in 7-3 or 7-4. 402-4 RELOCATION.
DELETE paragraphs 3 and 4 and REPLACE with the following:
1. When the Plans or Special Provisions provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such Work, including temporary utility service, 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.
2. The Contractor will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements in accordance with the procedures and upon the approval of the utility owner. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. Payment for the relocation of such service connections sha ll be in accordance with 7-3 unless otherwise specified in the Bid. Payment will include disconnection of existing service connections from the utility main, capping or plugging existing outlets on the utility main, abandoning the service connection, and t he restoration of all existing improvements which may be affected by the service connection relocation. The Contractor may agree with the owner of any utility to disconnect and reconnect private interfering service connections.
Unless otherwise specified in the Bid, disconnection and reconnection of private services will be outside of the scope of the Work and the Agency will not be involved in any such agreement.
402-5 DELAYS DUE TO UTILITY CONFLICTS.
DELETE paragraphs 1 through 4 and REPLACE with the following:
1. The Contractor shall notify the Engineer of its Construction Schedule insofar as it affects the protection, removal, or relocation of utilities. The notification shall be included as a part of the Construction Schedule in accordance with 6-1 which shall be revised upon the completion of utility potholing and evaluation for potential utility conflicts. 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.
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2. 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 in accordance with 402-1.
3. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing Work correctly shown on the Plans.
4. The Agency will determine the scope of Work for the removal, relocation, or protection of existing main or trunk line 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 the removal, relocation, or protection of such existing facilities.
402-6 COOPERATION.
DELETE in its entirety and REPLACE with the following:
1. When necessary, the Contractor shall so conduct its operations as to permit access to the Work Site by the Agency or the utility owner and provide time for utility Work to be accomplished during the progress of the Work.
500-2 SUBMITTALS.
END OF SECTION
01 11 00 SUMMARY OF WORK Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
SECTION 2
01 11 00 SUMMARY OF WORK
PART 1 GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
a. The Contractor shall perform Work and furnish materials, labor, tools, equipment or services that may be reasonably inferred as being required to produce the intended result, whether specifically called for in the Contract Documents, at no additional cost to the Agency.
b. Visible, existing improvements for which no specific disposition is made on the Plans, but which interfere with the Work, shall be removed, and disposed of by the Contractor with the prior approval of the Engineer.
c. The completed Work will provide the Agency with replacement of existing synthetic turf on the Poinsettia Community Park multi-purpose athletic field, as more fully described in the Drawings and the technical specifications. Provide all labor, material and equipment for the following:
1. Establish erosion control measures and temporary controls
2. Remove and recycle existing synthetic turf surfacing including infill
3. Regrade existing aggregate base to required planarity
4. Remove, salvage and reinstall existing soccer goal anchor assemblies
5. Modify existing edge anchor/nailer board
6. Furnish and install supplemental pad
7. Furnish and install synthetic turf
8. New synthetic turf surfacing, including lines and markings d. Project Location: Poinsettia Community Park, 6600 Hidden Valley Rd. Carlsbad, CA 92011. e. Alternates:
1. Alternates (Not used)
1.02 WORK NOT COVERED BY CONTRACT DOCUMENTS
a. Subsurface drainage lateral piping
1.03 PROVISIONS FOR FUTURE WORK (NOT USED)
1.04 OWNER FURNISHED PRODUCTS (NOT USED)
1.05 WORK BY OTHERS (NOT USED)
1.06 WORK BY OWNER
a. Replace any non-fixed field accessories, such as goals.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
01 26 00 CONTRACT MODIFICATION PROCEDURES Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
01 20 00 PRICE AND PAYMENT PROCEDURES
PART 1 GENERAL
1.01 SCOPE
a. The Contract Price shall cover all Work required by the Contract Documents. All costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum Bid prices. All Work not specifically set forth as a pay item in the Bid Form shall be considered a sub sidiary obligation of Contractor and all costs in connection the Work shall be included in the Bid prices.
b. All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and are to be used only (a) as a basis for estimating the probable cost of the Work and (b) for the purpose of comparing the Bids submitted for the Work. The actual amounts of Work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for Work and materials will be the actual amount of Work done and materials furnished. Contractor agrees that it will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of Work actually performed and materials actually furnished and the estimated amounts therefor.
c. Payment for each Bid Item shall be made in accordance with Sections 7-2 and 7-3 of the Agency Supplemental General Provisions and the Bid. All Work shown or described in the Contract Documents and necessary for the functioning of installed equipment or constructed facilities and the repair or replacement of damaged existing improvements in accordance with the Contract Documents shall be considered as included in the Bid Items.
1.02 BID ITEMS
Schedule A
A-1 Mobilization & Demobilization
The Contract Lump Sum price paid for Mobilization & Demobilization, in accordance with the contract documents, and as described in conformance with the Greenbook Section 7 -3.4, shall include full compensation for providing bonds and insurance, financing, establishing temporary construction yard, moving equipment to the project site for the establishment of facilities necessary for work on the project, applying for and obtaining all required permits, preparing and updating the construction schedule, material submittals, cleanup to the satisfaction of the Engineer, and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items, including all related administration throughout
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its duration, and demobilization. The total price bid for Mobilization & Demobilization shall include the cost of all mobilization and administration for the entire CONTRACT period.
No separate payments shall be made for re-mobilization due to project phasing.
A-2 General Conditions
The Contract Lump Sum price bid for General Conditions shall include the cost of all ongoing expenses to operate the project site for the entire duration of the project including but not limited to operation of temporary facilities, temporary power, labor/equipment/material overhead costs, administrative costs, updating the monthly baseline construction schedule per the terms of the contract, Right of Way permit and Traffic Control if needed. No additional compensation will be allowed. General conditions wi ll be paid in equal increments throughout the approved duration of the baseline construction schedule. Adjustments to the schedule of values and payment schedule may be made for any delays or extensions of the baseline construction schedule.
A-3 Erosion Control, SWPPP, Implementation and Maintenance Payment for Storm Water Pollution Prevention and Erosion Control shall be at the contract price Lump Sum, in accordance with the contract documents, and as described in conformance with Section 3 -12.6.3, and shall include full compensation for all labor, materials, equipment, and incidentals necessary to determine Risk Level, prepare, develop, furnish, imple ment, maintain, and provide a Storm Water Pollution Prevention Plan as specified in 3-12.6.2 Best Management Practices (BMPs), as required in the Water Pollution Control, Best Management Practices (BMPs) and Storm Water Pollution Prevention Plan (SWPPP), City of Carlsbad requirements and as directed by the City, complete and in place, and no additional compensation will be allow ed.
Failure of the Contractor to comply with the Engineer’s requested corrective actions may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
A-4 Record Drawings
The contract Lump Sum price for this bid item shall constitute full compensation to keep on the job site and maintain daily, a clean, accurate, full -size and legible print set of Project plans that indicate all changes in work, modifications and existing conditions that are di fferent from what is shown on the Plans. The Contractor shall record the location and elevations of all surface improvements in the City of Carlsbad. The survey shots shall be provided to the satisfaction of the Engineer, so minimum slopes can be verified. The Contractor shall record, by dimension and/or scale drawings, facilities as actually installed. All information necessary to maintain and/or service any concealed work shall be noted on the record drawings. Records shall be kept up to date. The Contractor shall make the Record Drawings available for review by the Engineer at any
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time and shall provide a clean final copy to the City within two weeks of the contract completion date.
A-5 Site Demolition
The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work associated with selective site demolition activities including, but not limited to, removal and lawful disposal or recycling of existing synthetic turf surfacing and infill materials, adhesives, and other synthetic turf system components, removal and disposal of damaged or designated portions of aggregate base, curbs, pavements, or flatwork as required, removal of storm drain clea nouts, surface drains, or other site furnishings in conflict with new work, removal of deleterious materials; and backfilling, compacting, and finish grading of voids created by demolition. Work shall also include the protection of existing utilities and i mprovements, including the existing concrete curb and synthetic turf anchor to remain, coordination with other trades, and implementation of dust and noise control measures. All materials shall be legally recycled in accordance with project requirements, and no other compensation will be allowed therefore. Please refer to Sheet LF-01.
A-6 Selective Site Demolition: Anchor Goals
The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work associated with the removal and protection of anchored goals. Work shall include, but is not limited to, carefully removing existing anchored goals and associated anchoring hardware, storing and protecting goals during the course of construction, removal and lawful disposal of unsuitable or damaged anchoring materials. All removed materials not designated for reuse shall be legall y disposed of, and all reusable goals shall be reinstalled in a safe and functional condition. No other compensation will be allowed therefore. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
A-7 Fine & Finish Grading
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and perform all fine and finish grading and earthwork operations in accordance with the Contract Documents and Plans, and Greenbook S ections 300-2 and 300-3, as modified in the Special Provisions, including all dewatering, excavation, over -excavation, export, and disposal of surplus or unsuitable materials, scarification, water and moisture conditioning, fill, backfill, compaction, protection of existing utilities, and all other work necessary to complete excavations, or over -excavation, fill and backfill (remedial grading) to the lines and grades. No additional compensation will be allowed therefore. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
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A-8 Remove and Replace Synthetic Turf Edge/Nailer BoardPayment for Remove and Replace Synthetic Turf Edge/Nailer Board (per the standard/detail and type/case, as specified on Detail 2/Sheet LF -3.01) will be paid for at the contract unit price per linear foot , and shall include materials and delivery. All costs of prosecuting the work as described herein shall be included in the Contractors bid. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
A-9 Synthetic Turf
Payment for synthetic turf materials (per the standard/detail and type/case, as specified on Detail 2, 4, & 5/Sheet LF-3.01) will be paid for at the contract unit price per square foot, and shall include all synthetic turf, field markings and delivery. All costs of prosecuting the work as described herein shall be included in the Contractors bid. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
A-10 Synthetic Turf Installation
Payment for synthetic turf installation (per the standard/detail and type/case, as specified on Detail 2, 4, & 5/Sheet LF-3.01) will be paid for at the contract unit price per square foot, and shall include installation for all synthetic turf, field markin gs, and all other incidentals, labor, equipment, and work items. The work includes reinstalling goals in their designated locations with alignment, leveling, and securing goals, and restoring surrounding surfacing and grading to match adjacent conditions. No additional compensation shall be included for repairing, restoring, or replacing adjacent areas excavated or damaged for this item. Items shall be installed per the manufacturer’s specifications and includes warranties . All costs of prosecuting the work as described herein shall be included in the Contractors bid. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
A-11 Supplemental Pad
Payment for supplemental pad material (per the standard/detail and type/case, as specified on Detail 2, 4, & 5/Sheet LF-3.01) will be paid for at the contract unit price per square foot, and shall include delivery and materials. All costs of prosecuting the work as described herein shall be included in the Contractors bid. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
A-12 Supplemental Pad Installation
Payment for supplemental pad installation (per the standard/detail and type/case, as specified on Detail 2, 4, & 5/Sheet LF -3.01) will be paid for at the contract unit price per square foot, and shall include all other incidentals, labor, equipment, and work items. No additional compensation shall be included for repairing, restoring, or replacing adjacent areas excavated or damaged for this item. Item shall be installed per the manufacturer’s specifications. All costs of prosecuting
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the work as described herein shall be included in the Contractors bid. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
A-13 Turf Ballast (2.5 lbs/sf)
Payment for turf ballast material (per the standard/detail and type/case, as specified on Detail 2, 4, & 5/Sheet LF -3.01) will be paid for at the contract unit price per pounds, and shall include delivery and materials. All costs of prosecuting the work as described herein shall be included in the Contractors bid. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
A-14 Turf Ballast (2.5 lbs/sf) Installation
Payment for turf ballast (per the standard/detail and type/case, as specified on Detail 2, 4, & 5/Sheet LF-3.01) will be paid for at the contract unit price per pounds, and shall include all other incidentals, delivery, labor, materials, equipment, and wor k items. No additional compensation shall be included for repairing, restoring, or replacing adjacent areas excavated or damaged for this item. Item shall be installed per the manufacturer’s specifications. All costs of prosecuting the work as described he rein shall be included in the Contractors bid. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
A-15 Additional Turf Materials
The contract Lump Sum price for this bid item shall constitute full compensation to provide additional turf materials including delivery, green turf, white turf, yellow turf, supplemental pad and ballast. Refer to Section 32 18 24 Synthetic Turf Surfacing for additional information. All costs of prosecuting the work as described herein shall be included in the Contractors bid. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
A-16 Maintenance Equipment
The contract Lump Sum price for this bid item shall constitute full compensation to provide maintenance equipment tow behind sweeper , provide ground driven rotary brush for the cleaning and maintenance of the synthetic turf. Refer to Section 32 18 24 Synthetic Turf Surfacing for additional information. All costs of prosecuting the work as described herein shall be included in the Contractors bid. All work shall be done in accordance with the Plans, Specifications and Supplemental Provisions.
1.03 SUBMITTALS
a. Informational Submittals:
1. Schedule of Values: Submit on Agency’s form.
2. Schedule of Estimated Progress Payments:
i. Submit with initially acceptable Schedule of Values. ii. Submit adjustments thereto with Application for Payment.
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3. Application for Payment.
4. Final Application for Payment.
1.04 CASH ALLOWANCES
NO CASH ALLOWANCES
1.05 SCHEDULE OF VALUES (SOV)
a. The Contractor shall prepare a separate SOV for each schedule of the Work under the Contract.
b. Upon request of the Engineer, the Contractor shall provide documentation to support the accuracy of the SOV.
c. The Contractor shall prepare and submit to the Engineer for review a SOV within the time specified in the Contract Documents.
d. When requested by the Engineer, the SOV shall divide each lump sum Bid item into its respective activities as listed in the Construction Schedule, and the sum of the costs apportioned to the activities comprising the Bid item shall equal the Bid item price . The Contractor shall add additional detail to the SOV when, in the opinion of the Engineer, such detail is necessary to represent the basis for payment. The Contractor shall submit to the Engineer a corrected Schedule of Values within 7 working Days of the Engineer’s request.
e. The Contractor shall make adjustments to the approved SOV to account for Change Orders or Extra Work. The SOV entries for adjustments so made shall be approved by the Engineer.
f. The Contractor shall submit a revised SOV with each payment request. g. Payment for the preparation of or revisions to the SOV shall be included in the Contract Price and no additional payment will be made therefor.
h. Unit Price Work: Must reflect unit price quantity and price breakdown from conformed Bid Form.
i. Lump Sum Work:
1. See Section 7-2.
j. An unbalanced or front-end loaded schedule will not be acceptable. k. Summation of the complete SOV representing all the Work shall equal the Contract Price. l. The Contractor shall submit SOV electronically in a spreadsheet format compatible with latest version of MS Excel.
1.06 SCHEDULE OF ESTIMATED PROGRESS PAYMENTS
a. Show estimated payment requests throughout Contract Times aggregating initial Contract Price.
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b. Base estimated progress payments on initially acceptable progress schedule. Adjust to reflect subsequent adjustments in progress schedule and Contract Price as reflected by modifications to the Contract Documents.
1.07 APPLICATION FOR PAYMENT
a. Transmittal Summary Form: Attach 1 Summary Form with each detailed Application for Payment for each schedule and include Request for Payment of Materials and Equipment on Hand as applicable. Execute certification by authorized officer of Contractor. b. Use detailed Application for Payment Form provided by Engineer. c. Provide separate form for each schedule as applicable. d. Include accepted Schedule of Values for each schedule or portion of lump sum Work and the unit price breakdown for the Work to be paid on a unit priced basis. e. Include separate line item for each Change Order and Work Change Directive executed prior to date of submission. Provide further breakdown of such as requested by Engineer. f. Preparation:
1. Round values to nearest dollar.
2. Submit Application for Payment, including a Transmittal Summary Form and detailed Application for Payment Form(s) for each schedule as applicable and such supporting data as may be requested by Engineer.
1.08 PAYMENT
a. Transmittal Summary Form: Attach 1 Summary Form with each detailed Application for Payment for each schedule . Execute certification by authorized officer of Contractor. b. Each month, the Engineer will make an approximate measurement of the Work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on Contract Unit Prices, completed Change Order Work.
Progress payments shall be made no later than 30 Calendar Days after the closure date.
Five Working Days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information.
Should the Contractor assert that additional payment is due, the Contractor shall within 10 Calendar Days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than 7 Calendar Days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. Consistent with Public Contract Code Section 20104.50, the Agency shall make payments within 30 Calendar Days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made
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within 30 Calendar Days after receipt by the Engineer, then the Agency shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Code of Civil Procedure Code Section 685.010.
c. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid item and Change Order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be s ubject to correction in the Final Payment Estimate.
d. The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all Contract Bid items and Change Order items.
e. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 Calendar Days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 2-10, Disputed Work.
f. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of t he Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.
1.09 MOBILIZATION & DEMOBILIZATION
Payment for mobilization , demobilization, and preparatory Work will be made at the stipulated lump-sum price Bid therefore in the Bid Schedule and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doin g all the Work involved in mobilization , demobilization, and preparatory Work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct Work on and off the Project Site and other offsite facilities necessary for Work on the Project; for all other facilities, sureties, Work and operations which must be performed or costs incurred prior to beginning Work on various Contract items on or off the Project Site, excepting those specifically paid for under separate sections o f these Specifications. The Contractor agrees
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that the stipulated lump sum amount is sufficient for mobilization, demobilization and preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for mobilization, demobilization, and preparatory Work. a. Progress payments for mobilization and preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), 70% of the amount Bid for mobilization and preparatory Work will be allowed. For the second and final progress payment. For the final progress payment, an additional 20% will be allowed for demobilization. Mobilization shall include preparatory Work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the Project Site, for the establishment of all facilities necessary for the Work, sureties and for all other Work and operations which must be performed or costs incurred prior to beginning and after completion of the Work excepting those specifically paid for under a separate Bid item. The dismantling and removal of temporary facilities, equipment, materials, construction waste and personnel shall be included in the final payment for demobilization.
b. When a Bid item has been provided for “Mobilization & Demobilization,” the amount of the Bid item price shall not exceed 3% of the Contract Price. If the Bid item for “Mobilization” exceeds 1% of the Contract Price, the portion above 3% of the Contract Price shall be paid as a part of the Final Payment.
1.09 EXCAVATION AND TRENCHING (NOT USED)
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
01 26 13 REQUESTS FOR INFORMATION Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
01 26 13 REQUESTS FOR INFORMATION
PART 1 – GENERAL
1.1 DEFINITIONS
A. Request for Information: A document submitted by the Contractor requesting clarification of a portion of the Contract Documents, hereinafter referred to as an RFI.
B. All documents to be submitted on PROCORE see section 01 31 00 – Project Management and Coordination.
1.2 CONTRACTOR'S REQUESTS FOR INFORMATION (RFIs)
A. Contractor's Requests for Information (RFIs): Should Contractor be unable to determine from the Contract Documents the exact material, process, or system to be installed; or when the elements of construction are required to occupy the same space (interference); or when an item of Work is described differently at more than one place in the Contract Documents; the Contractor shall request that the Owner’s Representative make an interpretation of the requirements of the Contract Documents to resolve such ma tters.
Contractor shall comply with procedures specified herein to make Requests for Information (RFIs).
B. Submission of RFIs: Use appropriate form for pre -bid and post -bid inquiry. Make submission to Engineer with copy to Owner’s Representative.
1. Fields shall be completely filled in with all required information associated with the request. Incomplete forms will be rejected.
3. Each RFI shall be given a discrete, consecutive number.
4. Each page of the RFI and each attachments to the RFI shall bear the Project name, Project number, date, RFI number and a descriptive title.
5. Contractor shall sign all RFIs attesting to good faith effort to determine from the Contract Documents the information requested for interpretation. Frivolous RFIs shall be subject to reimbursement from Contractor to Owner for fees charged by Owner’s Representative, Owner’s Representative's consultants and other design professionals engaged by Owner’s Representative.
C. Subcontractor-Initiated and Supplier -Initiated RFIs: RFIs from subcontractors and material suppliers shall be submitted through, be reviewed by, and be attached to an RFI prepared, signed, and submitted by Contractor. RFIs submitted directly by subcontractors or material suppliers will be returned unanswered to the Contractor.
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1. Contractor shall review all subcontractor - and supplier -initiated RFIs and take actions to resolve issues of coordination, sequencing, and layout of the Work.
2. RFIs submitted to request clarification of issues related to means, methods, techniques, and sequences of construction or for establishing trade jurisdictions and scopes of subcontracts will be returned without interpretation. Such issues are solely the Contractor's responsibility.
3. Contractor shall be responsible for delays resulting from the necessity to resubmit an RFI due to insufficient or incorrect information presented in the RFI.
D. Requested Information: Contractor shall carefully examine the Contract Documents to ensure that information sufficient for interpretation of requirements of the Contract Documents is not included. RFIs that request interpretation of requirements clearly indicated in the Contract Documents will be returned without interpretation.
1. In all cases in which RFIs are issued to request clarification of issues related to means, methods, techniques and sequences of construction, for example, pipe and duct routing, clearances, specific locations of Work shown diagrammatically, apparent inter ferences and similar items, the Contractor shall furnish all information required for the Owner’s Representative to analyze and/or understand the circumstances causing the RFI and prepare a clarification or direction as to how the Contractor shall proceed.
2. If information included with this type RFI by the Contractor is insufficient, the RFI will be returned unanswered.
E. Unacceptable Uses for RFIs: RFIs shall not be used for the following purposes:
1. To request approval of submittals (use procedure specified in Section 01 33 00 – Submittals Procedures).
2. To request approval of substitutions.
3. To request changes that entail change in Contract Time and Contract Sum (comply with provisions of the General Provisions of the Contract, as discussed in detail during pre - construction meeting).
4. To request different methods of performing Work than those indicated in the Contract Drawings and Specifications (comply with provisions of the General Provisions of the Contract).
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F. Disputed Requirements: In the event the Contractor believes that a clarification by the Owner’s Representative results in additional cost or time, Contractor shall not proceed with the Work indicated by the RFI until authorized to proceed by the Engineer and claims, if any, are resolved in accordance with provisions in the General Provisions of the Contract.
G. RFI Log: Contractor shall prepare and maintain a log of RFIs, and at any time requested by the Owner’s Representative, the Contractor shall furnish copies of the log showing all outstanding RFIs.
H. Review Time: Owner’s Representative will return RFIs to Contractor within 5 to 10 working days of receipt. RFIs received after 4 p.m. shall be considered received on the next regular working day for the purpose of establishing the start of the response period.
PART 2 – PRODUCTS (NOT USED)
PART 3 – EXECUTION (NOT USED)
END OF SECTION
01 31 00 PROJECT MANAGEMENT AND COORDINATION Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
01 31 00 PROJECT MANAGEMENT AND COORDINATION
PART 1 CONSTRUCTION MANAGEMENT SOFTWARE (PROCORE)
1.01 PROCORE PROJECT MANAGEMENT AND COLLABORATION SYSTEM SUMMARY a. Contractor shall use the owner provided project management collaboration software Procore ( www.procore.com) to submit, track, distribute and collaborate on project documentation and action items.
b. The intent of utilizing a web -based construction management application is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times.
c. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents.
1.02 SOFTWARE CAPABILITIES (including but not limited to) a. Daily Log
i. Provide daily log entry from web and mobile with automatic capture of daily weather conditions.
ii. Provide ability to attach photographs to entries directly from mobile. iii. Provide reporting capabilities to easily report on man -hours and activities for a certain time frame and contractor.
b. Dashboards
i. Provide a dashboard that shows the status of all currently assigned items with drill down capability to see the subject, assignee and due date of each item. c. Deficiency Tracking
i. Provide a means for recording, assigning and confirming completion of any deficiency or observation noted during the course of construction. Must be accessible from web and mobile.
d. Directory
i. Provide a directory of all team member’s contact information that is accessible from web and mobile.
e. Documents
i. Provide a storage location for miscellaneous project documents with the ability to have a folder hierarchy and privacy settings on folders. ii. There should not be a storage limit.
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iii. Provide download tracking.
iv. Provide the ability to revision and check out files, with access to all previous revisions.
f. Drawings
i. Provide access to a system maintained current set of drawings on web and mobile, with access to all previous revisions as well.
ii. Provide automatic hyperlinking capability for detail callouts. iii. Provide drawing markup capabilities on web and mobile. iv. Provide ability to link RFIs, Submittals, Punchlist Items, Photos and Project Documents to the drawings.
v. Drawing Markups should be carried forward when new revisions are uploaded. vi. Markups and linked documentation should be able to be public or private. g. Financial Management
i. Provide ability to manage contracts, payment applications and change orders through the software.
ii. Provide ability to view contracts and change orders from web and mobile. h. Inspections
i. Provide ability to create inspections from web and mobile. ii. Provide ability to create a deficiency item from an inspection that can be assigned and tracked to completion.
i. Meetings
i. Provide ability to create, edit and view meeting minutes from web and mobile. ii. Provide ability to create action items with assignees and due dates from a meeting item.
j. Mobile Accessibility
i. Provide native mobile applications for iOS and Android phones at least one on - site individual to provide real -time access to provide access to relevant project documentation, including as-built versions of Drawings and Specifications, RFIs, submittals, schedules, change orders , even when there is no internet access.
Providing mobile access will improve communication, efficiency, and productivity for all parties.
k. Photos
i. Provide ability to upload and view photos from web and mobile.
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ii. Provide ability to markup photos from mobile to clarify anything important in the photo.
iii. Provide ability to link photos to specific locations on drawings. l. Punchlist
i. Provide ability to create punchlist items from web and mobile and link them to specific locations on the drawings.
ii. Provide ability to distribute punch list items to all contractors, for contractors to mark them as resolved with photographic proof of resolution via mobile, and for the items to be marked as complete via mobile or web. . m. Requests for Information (RFIs)
i. Provide ability to create RFIs with assignees, due dates and attachments. ii. Provide ability for assignees to respond to RFIs both via the software and by responding to the system generated email.
iii. Provide an auto-generated log of all RFIs.
n. Schedule
i. Provide ability to display schedules from typical scheduling software such as Microsoft Project, Primavera P3, Primavera P6 or Asta Powerproject. o. Specifications
i. Provide ability to upload project specifications and manage them at the individual specification level.
ii. Provide ability to view and search specifications on web and mobile. iii. Provide ability to upload revisions to individual specifications and maintain all revision history.
iv. Provide an auto-generated current specification log that provides access to the current version of each specification.
v. Provide ability to link specifications to submittals and view the specification from the submittal.
p. Submittals
i. Provide ability to upload a submittal register of all expected submittals. ii. Provide ability to create multi -step approval workflows for submittals, with reminder notifications for the current assignee.
iii. Provide the ability to upload any file type without size restrictions. iv. Provide an auto-generated submittal log.
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1.03 TECHNOLOGY
a. Fully web based with mobile apps for Windows, iOS and Android phones. b. Accessible without logging in through a virtual private network (VPN). c. Works on the current version of Internet Explorer, Google Chrome, Mozilla Firefox and Apple Safari browsers.
d. Can generate emails automatically, and all attachments are included in the emails via download links to avoid emails not being delivered due to size. e. PDF output of forms such as RFIs, Submittals, Meetings, Change Orders, etc. should be available and customizable.
1.04 TRAINING AND SUPPORT
a. The Contractor is required to create a free web -based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. b. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The software selected must provide training in the form of self-paced learning videos as well as interactive webinars.
c. The Contractor is responsible for attaining their own Procore support, as needed, either through online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. The software selected must provide support to all parties via email, phone and live chat at no additional charge.
d. The contractor shall hold a kickoff meeting with the Owner and applicable consultants at the beginning of the project to discuss how the software will be used, routing & naming protocols, etc.
1.05 PROCEDURES
a. RFIs and Submittals
I. The Contractor will be responsible for submitting all RFIs and Submittals through the software and assigning them to the appropriate parties.
II. Architects / Engineers / Consultants etc. are responsible for posting all responses to these items via the software, including all relevant attachments.
III. The Contractor will distribute responses to all affected subcontractors and confirm agreement with the response by closing the item.
b. Construction Documentation
I. The Contractor will manage Drawings, Specifications and Documents in the software
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to ensure that the current version of all applicable construction documentation is available to the entire team via web and mobile.
II. The Contractor will ensure that all RFIs which modify the current drawings are posted to the drawings and available via web and mobile within 24 hours of the RFI being responded to.
c. Contractor will record and distribute meeting minutes and action items via the software.
d. Contractor will take daily site photos and make them publicly available. e. Punchlist
III. All punch list items will be managed through the software.
IV. Punchlist items will be created by the Contractor while walking with the Owner and applicable consultants.
V. It will be at the Owner’s discretion whether or not Punchlist Items can be closed while a representative from the Owner or applicable consultant is not present. f. General
1.06 PRICING
a. It is intended that the contractor will utilize the software for at least all functions identified in “Section 1.02 – Software Capabilities.”
g. The cost of Procore Technologies services is paid in full by the Owner h. The software allows for unlimited users to ensure that all parties have access to the system.
This project will utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non -productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web -based Procore user account(s) and utilize web -based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course locate d at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review update d documents as they are added. There will be no cost to the Contractor for use of Procore.
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It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at
https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on -site individual to provide real -time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list it ems. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents.
Part 2 (NOT USED)
Part 3 (NOT USED)
END OF SECTION
01 33 00 SUBMITTAL PROCEDURES Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
01 32 16 CONSTRUCTION PROGRESS SCHEDULE
PART 1 GENERAL
1.01 PROGRESS SCHEDULE
a. A Progress Schedule shall be used to control the Work and to provide a definitive basis for determining Project progress. The Progress Schedule shall be prepared, maintained and updated by the Contractor and historical dates agreed monthly with the Enginee r.
The Contractor shall submit a preliminary Progress Schedule and a Progress Schedule for acceptance by the Engineer. These schedules shall be the Contractor’s working schedules and shall be used to plan, organize and execute the Work, record and report a ctual performance and progress, and show how the Contractor plans to complete all remaining Work as of the end of each progress report period.
b. The Progress Schedule shall comprise all the detailed construction-related activities using the Critical Path Method (CPM). The Progress Schedule shall provide sufficient detail and clarity to reflect the intricacies and interdependencies of activities so the Contractor can plan, schedule, monitor, control and report on the progress of its work. In addition, it shall provide the Engineer and Agency a tool to monitor and follow the progress for all phases of the Work.
c. The Contractor shall perform Work and furnish materials, labor, tools, equipment or services that may be reasonably inferred as being required to produce the intended result, whether specifically called for in the Contract Documents, at no additional cost to the Agency.
d. Visible, existing improvements for which no specific disposition is made on the Plans, but which interfere with the Work, shall be removed and disposed of by the Contractor with the prior approval of the Engineer.
e. Scheduling software shall be Primavera Project Manager (P6) or Micr osoft Projects without exception.
1.02 PRE-CONSTRUCTION SCHEDULING CONFERENCE
a. The Engineer will conduct a pre -construction scheduling conference with the Contractor to review requirements for the schedules including SOV and schedule configuration. The conference shall be conducted sufficiently early to allow the Contractor to submit the preliminary Progress Schedule within 10 Calendar Days of the Effective Date of the Contract.
b. At this meeting, the Contractor shall explain in detail the procedure to be used to develop the schedule activity . This procedure is subject to the review and acceptance of the Engineer.
1.03 PRELIMINARY PROGRESS SCHEDULE
a. Following the pre -construction scheduling conference , the Contractor shall submit a preliminary Progress Schedule for review by the Engineer. The preliminary Progress Schedule shall show detailed construction -related activities for the 30 Calendar Days of the Project. The remainder of the Contract activities shall be shown as summary bars
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within the milestones of the Work. If the Engineer has comments on the preliminary Progress Schedule, Contractor shall make the necessary changes and resubmit it within 10 Calendar Days. No progress payments will be made during the period specified above for the preliminary Progress Schedule until the preliminary Progress Schedule has been accepted by the Engineer.
b. The preliminary Progress Schedule shall:
1. Illustrate a feasible schedule for completion of the Work within the time and milestones specified.
2. Provide an elementary example of the schedule in the format to be used for the Progress Schedule.
3. Include the activity code structure as described in paragraph 1.18 ACTIVITY CODES.
c. Preliminary Progress Schedule Submittal Format: Contractor shall submit the preliminary Progress Schedule into Procore . A brief narrative shall accompany the submittal, describing Contractor’s scheduling approach to the Project. The narrative shall include a description of the Contract milestones, approach for construction activities during the period of the preliminary Pr ogress Schedule, description of the general approach of the activities for the Work beyond the preliminary Progress Schedule period, a description of the Project’s Critical Path, identification of critical long -lead submittals, and planned outages. The nar rative shall also incorporate activity codes, calendars, weather days, milestone constraints, and work breakdown structure in accordance with the requirements specified in this part.
1.04 PROGRESS SCHEDULE
a. The Progress Schedule comprises all the construction-related activities for the Work and shall show the order in which the Contractor proposes to carry out the Work. Contractor shall include milestones, coordination necessitated by limited access and avail able work areas, and the availability and use of the labor force, material and equipment. Contractor shall use the Progress Schedule to plan, schedule and coordinate the Work including activities of Subcontractors, equipment vendors, and suppliers. b. The Progress Schedule shall be to the level of detail acceptable to the Engineer, and shall include the following:
1. Organization and structural breakdown of the Project;
2. Milestones and completion dates;
3. Type of Work to be performed and the labor trades involved;
4. Purchase, manufacture and delivery activities for major materials and equipment;
5. Preparation, submittal, and acceptance of shop drawings and material samples;
6. Deliveries of Agency-furnished equipment and/or materials;
7. Acceptances required by regulatory agencies and/or other third parties;
8. Assignment of responsibility for each activity;
9. Access requirements to Work areas;
10. Identification of interfaces and dependencies with preceding, concurrent and follow on Contractors;
11. Tests, submittal of test reports and acceptance of test results;
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12. Planning for phased or total acceptance by Agency; including start up and commissioning;
13. Identification of any labor force, material and equipment restrictions.
14. Sequence of construction to maintain plant operations;
15. Planned outages.
c. The activities included in the Progress Schedule shall be defined in Working Days.
Durations shall be based on the labor (crafts), equipment, and materials required to perform each activity on a normal workday basis. Activity durations shall be 20 Working Days or less except in the case of non -construction activities such as procurement of materials, delivery of equipment, and concrete curing. All durations shall be the result of definitive labor force and resource planning by Contractor to perform the Work , in consideration of contractually defined on Site Work conditions and Contractor’s planned means and methods.
d. When the Progress Schedule is accepted by the Engineer, the Engineer will save a copy of the Progress Schedule as the baseline schedule, and will use it for analysis of Contractor’s progress.
e. The Contractor shall update the Progress Schedule monthly.
1.05 ELECTRONIC PROGRESS SCHEDULE FORMAT AND REPORTING
a. The Progress Schedule shall be created using Primavera P6 scheduling software or Microsoft Projects . Contractor shall use Engineer’s file -naming format throughout the Project.
1. Electronic schedule files shall be saved with .XML or .XER file extensions.
2. Primavera Project Manager settings for “Baseline Type” shall be used in the following manner:
i. Select <None> as the baseline type for the Preliminary Schedule Submittal. ii. Once the Preliminary and Project Schedule are accepted, the baseline type shall be named <Initial Plan>.
iii. Each subsequent Project Schedule update shall set the baseline type to <Last Performance Update>.
3. The data date for schedule calculation in the preliminary Progress Schedule and Progress Schedule shall be set as the date of the Notice to Proceed unless otherwise specified by the Engineer.
1.06 COST LOADING
a. Except for manufacturer lead-time, each Progress Schedule activity that has an actual cost shall have a cost value assigned to it. Equipment or material delivery activities bearing cost shall be separate activities. Each activity’s assigned cost shall cons ist of all costs associated with that activity including all Project management, superintendence, overhead and profit costs. The sum of all activity costs shall be equal to the current Contract value at all times, including approved Change Orders. The Contractor shall certify
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that the costs are not unbalanced and that the value assigned to each activity represents the Contractor’s total cost to perform that activity.
b. If the Engineer or Agency determines cost data does not meet the requirements for a balanced bid breakdown, the Contractor shall submit documentation substantiating any cost allocation questioned. Cost allocations will be considered unbalanced if activity on the Progress Schedule has been assigned a disproportionate allocation of direct costs, overhead and profit. If documentation of the cost data does not, in the opinion of the Engineer substantiate cost allocations, the Progress Schedule will be returned to the Contractor for action.
c. Unit Price items required to be paid on a unit cost basis as identified in the Bid Form and the Measurement and Payment section shall be incorporated into the Progress Schedule and measured and updated as specified in this part and as specified in the Measurement and Payment section.
d. The Contractor shall produce Cash Flow Projection reports and graphics from the Primavera application.
e. Cost-loaded data shall be the basis for monthly payment applications and shall be included with monthly updates of the Progress Schedule.
1.07 RESOURCE LOADING
a. The Contractor shall build a resource (labor force) library within Primavera and assign resources to each applicable Progress Schedule activity. Resource-loading shall determine the activity duration based on the assigned resource. The Contractor shall sub mit a resource analysis report produced from Primavera in the form of a series of graphics showing the principal trades. The report shall show the number of worker -days of effort for each month over the life of the Contract. The labor force requirements fo recast shall be updated monthly and shall include the actual labor force used by trade as of the current report period and the labor force required to complete the Work.
1.08 COORDINATING PROGRESS SCHEDULE WITH OTHER CONTRACT SCHEDULES a. Where Work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Progress Schedule shall be coordinated with the schedules of the other contracts. Agency will provide the schedules of other contracts for preparation and updating of the Progress Schedule. Contractor shall revise the Progress Schedule as required by changes in schedules of other contracts.
b. In case of interference between the operations of different Contractors, the Agency will determine the work priority of each Contractor and the sequence of work necessary to expedite the completion of the entire Project. In all such cases, the decision of Agency shall be accepted as final.
1.09 SUBMITTALS
a. The Progress Schedule and associated reports shall be submitted to the Engineer for acceptance within the period of the preliminary Progress Schedule specified in 1.05(3). If
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the Progress Schedule is not submitted, no progress payments will be made after the due date until the Progress Schedule has been submitted.
b. Printouts and electronic layouts required as part of the Progress Schedule submittal and monthly updates are as follows:
1. Summary Schedule: 1 -page milestone and summary schedule, sorted by total float, early-start, early-finish;
2. Detailed Project Schedule: organized by WBS or area of Work; sorted by total float, early-start, early-finish;
3. Critical Path Schedule: sorted based on the total float, early-start, early-finish;
4. 60-Calendar-Day Look Ahead Schedule: sorted by total float, early -start, early - finish;
5. Activities in Progress: organized by WBS or area of Work; sorted by total float, early-start, early-finish;
6. Cash Flow Trending Report: presented in an S -Curve format based on original planned early start and late start forecasted expenditures. In addition, the historical actual data point(s) are to be graphed within the S-Curve graphic report;
7. Monthly payment projections;
8. Out-of-sequence Report: tabular report showing Work performed out -of- sequence.
c. Contractor shall submit additional layouts if directed by Engineer. d. The submittal shall include the following:
1. Narrative report summarizing the Contract milestones, Critical Path, Project approach including phasing or use of crews, significant submittal and fabrication items, coordination or interface requirements, Agency-provided items, and list of Subcontractors and vendors.
2. Graphic reports including Critical Path report (longest path), summary schedule report, total float report by early-start early-finish, look-ahead report grouped by work breakdown structure or Project phasing, and cash flow projection. Cash flow projections include estimated cumulative cost curves based on early and late start dates and projection of monthly payments over the life of the Project e. The schedule, Critical Path, and look-ahead schedules shall be submitted in Procore; f. The Progress Schedule file shall be submitted in an executable format.
1.10 MONTHLY SCHEDULE UPDATES
a. Monthly Progress Schedule updates shall be submitted for the duration of the Contract on a date agreed to by the Agency, Engineer, and Contractor. If monthly Progress Schedule updates are not submitted by the due date, progress payments will be withheld until the required information is submitted.
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b. The updated schedule shall be reviewed each month in a meeting with Engineer to verify:
1. Actual start dates,
2. Actual completion dates,
3. Activity percent completion,
4. Revised logic (as -built and projected) and changes in activity durations, cost assigned,
5. Cost influence of Change Orders, if any,
6. Revisions due to extension of time.
c. Prior to each meeting, Contractor shall prepare a complete and accurate report of current procurement and construction progress through the end of the update period, and a depiction of how Contractor plans to continue the Work to meet all Contract completion dates. All network changes and status data agreed to during each update meeting shall be considered as accepted by both parties unless written notice of any exceptions is given within 5 Calendar Days after the meeting.
d. For major network changes that cannot be agreed to during an updating meeting, Contractor shall submit the proposed changes for Engineer’s acceptance prior to inserting such changes into the network. Submittals may be in the form of marked up networks, fragnets, or schedule abstracts, provided they are submitted with a letter of transmittal.
A fragnet is defined as a sequence of new activities and/or activity revisions that are proposed to be added to the existing schedule to demonstrate how Project events have an impact on the schedule.
1.11 DATA DATE
a. The data date is the re -settable date in P6 that serves as the end of a reporting period.
The reporting period will be recorded on a monthly basis, e.g., January 1st through January 31st with the 31st as the data date. If required for coordination purposes by the Agency, the Engineer will provide specific data dates to be used by the Contractor.
1.12 REVIEW PROCESS
a. Engineer will review Contractor’s preliminary Progress Schedule and full Progress Schedule submittals within 15 Calendar Days after receipt of all required information. b. At the request of Agency or Engineer, Contractor shall participate in any meetings necessary to reach a mutual agreement and acceptance of the preliminary Progress Schedule, Progress Schedules, or Cash Flow Projections. c. If any of the required submittals are returned to Contractor for corrections or revisions, they shall be resubmitted within 10 Calendar Days after the return mailing date.
Resubmittals shall include all information and media included in the first submittal .
Review and response by Engineer will be given within 10 Calendar Days after receipt of each resubmittal.
d. Schedules shall show Contract completion of the Work on the Contract completion date and with zero or positive total float even if the Contractor plans to finish early. In no event shall acceptance of the schedule be a basis for a claim for delay against Agency or Engineer
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by Contractor for an early finish. A Progress Schedule containing activities with negative float or that extend beyond the Contract completion date will not be acceptable. e. Acceptance of the Progress Schedule by Engineer does not relieve Contractor of responsibility for accomplishing the Work by the Contract completion date. Omissions and errors in the accepted Progress Schedule shall not relieve the Contractor of obligations under the Contract. Acceptance by Engineer in no way makes Engineer or Agency an ensurer of the Schedule's success or liable for time or cost overruns. Engineer and Agency disclaim any obligation or liability by reason of acceptance of the Progress Schedule by the Engineer.
1.13 RESPONSIBILITY OF SCHEDULE COMPLIANCE
a. Whenever it becomes apparent from the current Progress Schedule that the Critical Path is delayed and the Contract completion date will not be met, Contractor shall mitigate the delay by taking some or all of the following actions at no additional cost to Agency.
1. Increase construction labor force in such quantities and crafts as will bring the Project back on schedule within the completion dates and milestones.
2. Increase the number of working hours per shift, shifts per day, Working Days per week, and the amount of construction equipment, or any combination of the foregoing, to substantially eliminate the backlog of Work.
3. Re-schedule activities to achieve maximum practical concurrence of activities and to comply with the schedule date(s).
b. Within 5 Working Days of the Engineer’s request, Contractor shall submit a recovery schedule and written statement of the steps intended to remove or arrest the delay to the Critical Path in the schedule. If the Contractor fails to submit the required information or shoul d fail to take measures acceptable to the Engineer, the Engineer with Agency concurrence may direct Contractor to increase labor force, equipment and scheduled Work hours to remove or arrest the delay to the Critical Path and the Contractor shall promptly provide such level of effort at no additional cost to Agency. c. In the event Contractor fails to follow the updated or revised recovery schedule, Agency may elect to withhold progress payments until Contractor complies with the revised schedule.
d. Should Contractor’s efforts not remove or arrest the delay to the Critical Path of the accepted schedule, then Agency shall be entitled to supplement Contractor’s workforce and equipment to remove and arrest any delay, and shall be entitled to deduct all c osts and expenses associated with the supplemental workforce and equipment from payments due to the Contractor. If insufficient Contract funds remain, Agency may recover such funds from Contractor and its Surety.
1.14 CHANGE ORDERS, DELAYS, AND EXTENSIONS OF TIME
a. When Change Orders or delays are experienced by Contractor and Contractor requests an extension of time, Contractor shall submit a written time impact analysis to the Engineer illustrating the influence of each change or delay to the current Contract Schedule completion date. Each time impact analysis shall include a fragment incorporating the Change Order or delay into the Progress Schedule to demonstrate how
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Contractor was delayed. The Contractor is responsible for all costs associated with the preparation of any time impact analysis for inexcusable or concurrent delays. For critical (longest) path delays or delays to contractual milestones approved as excusab le by the City, the Contractor will be paid up to a maximum fee of $1,000 per time impact analysis submittal to be added to the Contract via change order after acceptance of the CPM schedule with time impact analysis. Any time impact analysis request witho ut merit will not be approved, and hence, will not be reimbursed via change order. b. Each time impact analysis shall demonstrate the estimated time impact based on the events of the change or the delay; the date the change was given to Contractor or the delay incurred, the status of construction at that point in time, and the event time computation of all activities affected by the change or delay. The event times used in the analysis shall be those included in the latest update of the Progress Schedule or as adjusted for the events of delay.
c. Each time impact analysis shall be uploaded as a submittal/resubmittal via Procore within 5 Working Days of delay occurrence or direction to proceed with a change is given to Contractor. No time extensions will be considered if the time impact analysis is not submitted within the specified time.
d. The Engineer will review Contractor’s time impact analysis. Contractor shall furnish such justification and supporting evidence as the Engineer deems necessary to determine whether Contractor is entitled to an extension of time. Engineer’s review of each t ime impact analysis will be made within 5 Working Days of receipt of the time impact analysis and additional information as required by the Engineer, unless subsequent meetings and negotiations are necessary. If the Engineer does not respond within 5 worki ng days the time impact analysis is deemed rejected.
e. The Contract completion time will be adjusted only for causes specified in paragraph 15.
Time extensions will be granted only to the extent that equitable time adjustments for the activity or activities affected exceed the total or remaining float along the Critical Path at the time of actual delay. Delays in activities which are not on the Critical Path and do not affect Contract completion dates, will not be considered for an extension of time.
1.15 CAUSES FOR EXTENSIONS OF TIME
a. Additional positive total float in the Progress Schedule generated by efficiencies of Agency or Contractor is a shared commodity to be reasonably used by either party, and belongs exclusively to the Project. The Contractor is not entitled to any additional compensation for completion of the Project prior to expiration of the Contract Times. b. Agency-Initiated Changes. Agency initiated changes to the Contract Work that absorb float time will not be considered for an extension of time. Agency -initiated changes that affect the Critical Path of the Progress Schedule shall be grounds for extending or shortening completion dates. Use of float time for Contractor initiated changes will require Agency’s concurrence. Contractor’s changes, however, shall give way to Agency - initiated changes competing for the same float time.
c. Outside Contractor’s Control. Events outside of the Contractor’s control that affect the Critical Path of the Progress Schedule will be considered for an extension or reduction of the Contract Times.
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d. Weather Delays. Engineer will obtain weather data during construction from a reputable source, and will maintain weather records.
1. Engineer will determine Contractor’s entitlement to an extension of the Contract Time as a result of weather delays. Extensions of time will be granted at the discretion of the Engineer for circumstances not covered by the flow chart.
2. Any weather -related extension of Contract Time shall be non -compensable.
Efficiencies gained as a result of favorable weather within a calendar month, where the number of days of normally anticipated weather days is less than expected, shall contribute to the Project float and shall not affect the Contract Times.
3. Application for a weather -related extension of time shall be submitted to the Engineer, and shall state the extension requested and be supported by the relevant weather data.
1.16 AS-BUILT SCHEDULE
a. As a condition precedent to release of final payment, the last update to the Progress Schedule submitted shall be identified by the Contractor as the “As -Built Schedule.” The “As-Built Schedule” shall reflect the exact manner in which the Project was actua lly constructed (including actual start and completion dates, activities, sequences, and logic) and shall be signed and certified by the Contractor’s Project manager.
1.17 SCHEDULE SOFTWARE SETTINGS AND RESTRICTIONS
a. Contractor shall consult with Engineer for acceptable Microsoft Projects or Primavera Project Manager software settings and restrictions. The following shall apply unless otherwise directed by the Engineer.
1. Schedule Options:
i. Shall be defined only to “Use expected finish dates”; ii. Scheduling progressed activities to be set to “Use only retained logic,” not progress override option;
iii. Critical Path activities defined as Total Float less than or equal to zero; iv. Calculating start-to-start lag from “early start” dates; and computing total float as “finish float = late finish – early finish”;
v. Calendar to be set for scheduling relationship lag as “Predecessor Activity Calendar.”
2. Activity progress shall be shown using Remaining Duration. Date format shall be DDMMYY.
3. Default activity type shall be set to “Independent Task.”
4. Date/time activity constraint(s), other than those required by the Contract, will not be allowed unless accepted by Engineer. Contractor shall identify proposed constraints and explain the constraint purpose in the Narrative Report.
5. Lags shall not be used in the creation of an activity that will perform the same function, e.g., concrete cure time. Lag durations contained in the Project Schedule shall not have a negative value. Contractor shall identify any lag proposed and explain the purpose of the lag in the Narrative Report.
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6. Actual Start and Finish dates shall not be automatically updated by default mechanism that may be included in the CPM scheduling software system. Actual Start and Actual Finish dates on the CPM schedule shall be updated by actual Work progression.
1.18 ACTIVITY CODES
a. The Primavera (P6) activity codes and WBS to be confirmed or revised by the Engineer are listed below. Confirmation or revision of the activity codes and WBS will be provided to the Contractor within 3 Working Days of the Effective Date of the Contract. Us e of the Engineer prescribed activity codes and WBS is mandatory. b. “Project Codes” as defined by Primavera P6 is reserved for the Agency. Only “Activity Codes” at Project Level will be permitted for Contractor use.
Activity Code
Code
Value Description
Phase 0005 Construction Phase
Construction Phase A
BC
D
E
Milestones
Administrative
Submittals
Construction Activities
Closeout Phase
Submittals SUB
R&A
F&D
Submittals
Review & Approve
Fabricate & Deliver
Other Codes to be prescribed by
Engineer or requested by
Contractor for Project specific
criteria.
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1.19 ACTIVITY RELATIONSHIPS
a. Relationships between activities shall be identified with the following information:
1. Predecessor and successor activity ID.
2. Relationship types:
• FS Finish to start
• SS Start to start
• FF Finish to finish
• SF Start to finish – This relationship is not allowed, unless authorized by Engineer.
1.20 PROJECT CALENDARS
a. Project Calendars shall use Working Days as the planning unit for the schedule. Use of Global Calendars is reserved for Agency. Each calendar shall be set to start on Mondays with holidays in accordance with Agency policy. The following calendars shall be used for each activity except as otherwise accepted by Engineer:
1. 5-Day x 8 Hour Workweek (with holidays) shall be used for 5 -day 40 -hour workweek activities: Monday through Friday. All holidays and non-work days shall be assigned to this calendar. This calendar shall be used for all normal work activities, submittals, a nd fabricate and delivery activities. This calendar shall be the default calendar for the Project unless otherwise specified.
2. 5-Day x 10 -Hour Workweek (with holidays) shall be used for 5 -day 50 -hour workweek activities: Monday through Friday. All holidays and non-work days shall be assigned to this calendar.
3. 6-Day x 10 -Hour Workweek (with holidays) shall be used for 6 -day 60 -hour workweek activities. Monday through Saturday. All holiday and non -work days shall be assigned to this calendar.
4. 7-Day Calendar (no holidays) shall be used for 7-day workweek activities. No non- work days shall be entered into this calendar.
5. Additional Calendars may be assigned depending on need. However, Contractor shall consult with the Engineer before other calendars are entered and/or used in the Project schedule.
b. The workday to calendar day correlation shall be based on a single shift and 5 -day work week with adequate allowance for holidays, adverse weather, and all other special requirements of the Work. Contractor may, at his option, propose alternate baseline calendars to allow a second shift and/or a single shift on Saturdays subject to the concurrence and acceptance of Agency . Under no circumstances will a schedule be accepted which allows regularly scheduled Work on Sundays.
1.21 FLOAT
a. Contractor shall not use float suppression techniques, including preferential sequencing (arranging Critical Path through activities more susceptible to Agency caused delay); lag logic restraints; zero total or free float constraints; extended activity tim es; or imposing constraint dates other than as required by the Contract. Float suppression will be cause
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for rejection of the preliminary Progress Schedule or full Progress Schedule and its updates.
1.22 MANDATORY MILESTONES
a. The Contract duration shall be equal to the time period between the Notice to Proceed and the completion milestone. The following milestones are mandatory.
1. Project Award Milestone
2. Notice to Proceed Milestone
3. Completion is forty (40) working days from Notice to Proceed b. The following additional milestones are to be considered and incorporated into the Progress Schedule in accordance with the Contract terms, if applicable.
1. Permit constraints
2. Facility shut down or outage milestone requirements
3. Applicable phasing milestones
4. Other milestones deemed appropriate by the Engineer.
PART 2 EXECUTION
2-1.1 Preconstruction Meeting
After, or upon, notification of Contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the Project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible Project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Supplemental General Provisions Section 6-7.
No separate payment will be made for the Contractor’s attendance at the meeting. The Notice to Proceed will only be issued on or after the completion of the Preconstruction Meeting. 2-1.2 Preparation and Review of the Baseline Construction Schedule The Contractor shall prepare the Baseline Construction Schedule as a CPM Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependenc e of all activities required to represent the complete performance of all Project Work as well as periods where Work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the Notice to Proceed and conclude
the date of final completion per the Contract duration. The Baseline Construction Schedule shall include detail of all Project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage.
2-1.2.1 Time-Scaled Network Diagram
As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time -scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule.
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2-1.2.2 Tabular Listing
As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the ear ly finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 2-1.2.3 Bar Chart
As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the Critical Path.
2-1.2.4 Schedule Software
The Contractor shall use commercially available software equal to the Windows 2000 compatible “Suretrak” program by Primavera or “Project” program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contracto r shall submit to the Agency a digital file with all network information contained on it, in a format readable by a Microsoft Windows 2000 system. The Agency will use a “Suretrak,” “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak” program by Primavera or “Project” program by Microsoft Corporation, the Contractor shall provide the Engineer 3 copies of the substituted program that are fully licensed to the Agency and 32 class hours of on -site training by the program publisher for up to 8 Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on -site training shall be submitted to the Engineer for approval 5 Working Days before the start of the on -site training.
The on-site training shall be completed prior to the sub mittal of the first Baseline Construction Schedule.
2-1.2.5 Schedule Activities
Except for submittal activities, activity durations shall not be shorter than 1 Working Day nor longer than 15 Working Days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, Project milestones and equipment and material deliveries.
’s plan for Project execution, to accurately describe the Project Work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work planned for the activity and each activity shall ha ve recognizable beginning and end points.
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2-1.2.6 Float
Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it.
2-1.2.7 Restraints to Activities
Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correctio n of submittals shall be included in the schedule.
2-1.2.8 Late Completion
A Baseline Construction Schedule showing a Project duration longer than the specified Contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Agency Supplemental General Provisions Section 6-4. 2-1.2.9 Early Completion
The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the Project for the entire contractual time span of the Project. Should the Contractor propose a Project duration shorter than Contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Agency Supplemental General Provisions Section 6-1. The Engineer may choose to accept the Contractor’s proposal of a Project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the Project are able to support the p rovisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration Project will be confirmed through the execution of a Contract Change Order revising the Project duration and implementing all contractual s including liquidated damages in accordance with the revised duration. 2-1.2.10 Engineer’s Review
The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications an d resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within 30 Working Days after t he date of the Preconstruction Meeting shall be grounds for termination of the Contract per Agency Supplemental General Provisions Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 Working Days.
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The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 Working Days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 2-1.2.10.1 through 2-1.2.10.3. 2-1.2.10.1 “Accepted”
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 2-1.8.1. 2-1.2.10.2 “Accepted with Comments”
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 2-1.8.1.
2-1.2.10.3 “Not Accepted”
The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 2 -1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the Contract under the provisions of Supplemental General Provisions Section 2-7 TERMINATION OF THE CONTRACT FOR DEFAULT if the changes of the comments are not submitted as required and marked “Accepted” by the Engineer.
2-1.3 Preparation of Schedule Updates and Revisions
The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth Working Day of the following month.
The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6 -1.3.3 Electronic Media per the submittal requirements of Section 1.05 (Electronic Progress Schedule Format and Reporting) and
ill include each item and element of Sections 2-1.2 through 2-1.2.9 and 2-1.3.1 through 2-1.3.7. 2-1.3.1 Actual Activity Dates
The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update.
2-1.3.2 Activity Percent Complete
For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 2-1.3.3 Electronic Media
The schedule data disk shall be a digital file, labeled with the Project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk
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shall be readable by the software specified in Section 6 -1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it.
2-1.3.4 List of Changes
A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change.
2-1.3.5 Change Orders
Each monthly update will include the addition of the network revisions reflecting the Change Orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s Change Orders. 2-1.3.6 Bar Chart
Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the Critical Path. 2-1.4 Engineer’s Review of Updated Construction Schedule The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 Working Days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6 -1.4.1 through 6 -1.4.3. Any Updated C onstruction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor,
with any comments, within 5 Working Days. Failure of the Contractor to submit a monthly Updated Construction Schedule will invoke the same consequences as the Engineer returning a monthly Updated Construction Schedule marked “Not Accepted.” 2-1.4.1 “Accepted”
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 2-1.8.1. 2-1.4.2 “Accepted with Comments”
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 2-1.8.1.
2-1.4.3 “Not Accepted”
The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the Contract under the provisions of Agency Supplemental General Provisions Section
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6-7 TERMINATION OF THE CONTRACT FOR DEFAULT if the changes of the comments are not submitted and marked “Accepted” by the Engineer
re the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required the Contractor may elect to proceed with the Project at its own risk. Should the Contractor elect not to proceed with the Project, any resulting delay, impact, or disruption to the Project will be the Contractor’s responsibility
2-1.5 Late Completion or Milestone Dates
Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted Contract or milestone duration, the Agency may withhold liquidated damages for the number of Calendar Days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held liquidated damages shall be released in the monthly payment to the Contractor immediately g the “Accepted” schedule.
2-1.6 Interim Revisions
Should the actual or projected progress of the Work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 1.05 (Electronic Progress Schedule Format and Reporting) and per the schedule review and acceptance requirements of Agency Supplemental General Provisions Section 6 -1, including but not limited to the acceptance and payment provisions. As used in this section “substantially different” means a time variance greater than 5 percent of the number of Calendar Days of duration for the Project.
2-1.7 Final Schedule Update
The Contractor shall prepare and submit a Final Schedule Update when 100% of the Construction Work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The Final Schedule Update shall be prepared and reviewed per Sections 6-
1.3. Preparation of Schedule Updates and Revisions and 6 -1.4 Engineer’s Review of Updated Construction Schedule. Acceptance of the Final Schedule Update is required for completion of the Project and release of any and all
ds retained per Section 9-3.2.
2-1.8 Measurement and Payment of Construction Schedule
The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the Work and no separate payment will be made for them.
END OF SECTION
01 33 00 SUBMITTAL PROCEDURES Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
1 33 00 SUBMITTAL PROCEDURES
PART 1 GENERAL
1.01 GENERAL
a. Submittals will be submitted through Procore per Section 01 31 00 Project Management and Coordination.
b. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the original submittal number followed by an ascending alphabetical designation (e.g., ‘4 -A’ would indicate the first resubmittal of the fourth submittal). Each submittal sh all be accompanied by a letter of transmittal on the Contractor’s letterhead which shall contain the following:
1. Agency Project title and Contract number.
2. Specification section number(s) pertaining to material submitted for review.
3. Submittal number.
4. Description of the contents of the submittal.
5. Identification of any deviation from the Contract Documents on the transmittal and by redline on the shop or working Drawings.
6. Contractor’s certification statement.
7. Printed name and signature of submitter, title and date. c. The Contractor shall place the following certification statements on all submittals and shall subscribe to one of the following:
"I certify that the materials, equipment or construction procedure(s) contained in this submittal meet all requirements shown or specified in the Contract Documents with no exceptions.”
Or
"I certify that the materials, equipment or construction procedure(s) contained in this submittal meet all requirements shown or specified in the Contract Documents, except for the following deviation(s):”
d. Shop Drawings and engineering data (submittals) covering all equipment and all fabricated components and building materials which will become a permanent part of the Goods and Special Services under this Contract shall be submitted to Engineer for review, as required. Submittals shall verify compliance with the Contract Documents, and shall include Drawings and descriptive information in sufficient detail to show the kind, size, arrangement, and the operation of component materials and devices; the external connections, anchorages, and supports required; the performance characteristics; and dimensions needed for installation and correlation with other materials and equipment. e. Each submittal shall cover items from only one section of the specification unless the item consists of components from several sources. Contractor shall submit a complete initial submittal including all components. When an item consists of components fro m several sources, Contractor's initial submittal shall be complete including all components.
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f. All submittals, regardless of origin, shall be approved by Contractor and clearly identified with the name and number of this Contract, Contractor's name, and references to applicable specification paragraphs and Contract Drawings. Each copy of all submitt als, regardless of origin, shall be stamped or affixed with an approval statement of Contractor.
Each submittal shall indicate the intended use of the item in the Goods and Special Services. When catalog pages are submitted, applicable items shall be clear ly identified and inapplicable data crossed out. The current revision, issue number, and date shall be indicated on all Drawings and other descriptive data.
g. Contractor shall be solely responsible for the completeness of each submittal.
Contractor's stamp or affixed approval statement of a submittal, is a representation to Engineer that Contractor accepts sole responsibility for determining and verifying all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that Contractor has reviewed and coordinated each submittal with the requirements of the Goods and Special Services and the Contract Documents. h. All deviations from the Contract Documents shall be identified as deviations on each submittal and shall be tabulated in Contractor's letter of transmittal using Procore. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by Contractor (including modifications to other facilities that may be a result of the deviation) and all required piping and wiring diagrams. i. For electronic submittals, drawings and the necessary data shall be submitted electronically to Engineer as specified below. Submittal documents shall be in black and white unless color is required for the review of the submittal. All electronic files shal l be in PDF as generated by Adobe Acrobat Professional latest version. The PDF file(s) shall be fully indexed using the Table of Contents, searchable with thumbnails generated. PDF images must be at a readable resolution. For most documents, they should be scanned or generated at 300 dots per inch (dpi). Optical Character Recognition (OCR) capture must be performed on these images so that text can be searched, selected and copied from the generated PDF file. The PDF documents shall have a bookmark created i n the navigation frame for each major entry (“Section” or “Chapter”) in the Table of Contents. Thumbnails shall be generated for each page or graphic in the PDF file. The opening view for each PDF document shall be as follows:
1. Initial View: Bookmarks and Page
2. Magnification: Fit In Window
3. The file shall open to the Contractor’s transmittal letter, with bookmarks to the left. The first bookmark shall be linked to the Table of Contents.
PDF document properties shall include the submittal number for the document title and the Contractor’s name for the author.
j. Electronic submittal to PROCORE file sizes shall be limited to 50 GB. When multiple files are required for a submittal, it’s recommended to upload the files to the Documents tool within PROCORE.
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k. The Contractor shall post submittals and retrieve the Engineer’s submittal review comments through the Engineer’s (Consulting Engineer’s) Project website accessible through the Internet. Instruction on procedures for posting and retrieving submittals will be provided after award of the Contract.
l. Facsimiles (fax) will not be acceptable. Engineer will not accept submittals from anyone but Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades.
1.02 ENGINEER’S REVIEW OF SUBMITTALS
a. Engineer's review of submittals covers only general conformity to the Drawings and Specifications, external connections, and dimensions that affect the layout; it does not indicate thorough review of all dimensions, quantities, and details of the material, equipment, device, or item covered. Engineer's review shall not relieve Contractor of sole responsibility for errors, omissions, or deviations in the Drawings and data, nor of Contractor's sole responsibility for compliance with the Contract Documents. b. Engineer's submittal review period shall be 15 Working Days and shall commence on the first Working Day following receipt of the submittal or resubmittal in Engineer's office.
The time required to mail the submittal or resubmittal back to Contractor shall not be considered a part of the submittal review period.
c. When the Drawings and data are returned with review status "REJECTED" or "REVISE AND RESUBMIT," the corrections shall be made as instructed by Engineer. If submittals are made electronically, the corrected Drawings and data shall be resubmitted through th e Project website. Resubmittals by facsimile or e -mail will not be accepted. When the Drawings and data are returned with review status "APPROVED AS NOTED," "APPROVED," or "FOR RECORD COPY," no additional copies need be furnished unless specifically requested by Engineer.
1.03 RESUBMITTAL OF DRAWINGS AND DATA
a. Contractor shall accept full responsibility for the completeness of each resubmittal.
Contractor shall verify that all corrected data and additional information previously requested by Engineer are provided on the resubmittal.
b. When corrected copies are resubmitted, Contractor shall direct specific attention to all revisions in writing and shall list separately any revisions made other than those called for by Engineer on previous submittals. Requirements specified for initial submittals shall also apply to resubmittals. A unique identification that indicates the initial submittal and correct sequence of each resubmittal will be assigned by Project website during the resubmittal.
c. If more than 1 resubmittal is required because of failure of Contractor to provide all previously requested corrected data or additional information, Contractor shall reimburse Agency for the charges of Engineer for review of the additional resubmittals.
This does not include initial submittal data such as shop tests and field tests that are submitted after initial submittal.
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d. Resubmittals shall be made within 10 Working Days of the date of the letter returning the material to be modified or corrected, unless within5 Working Days Contractor submits an acceptable request for an extension of the stipulated time period, listing the reasons the resubmittal cannot be completed within that time.
e. The need for more than 1 resubmittal, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Times unless delay of the Work is the direct result of a change in the Work authorized by a Chan ge Order or failure of Engineer to review and return any submittal to Contractor within the specified review period.
1.04 COLOR SELECTION
a. Contractor shall submit samples of colors and finishes for all accepted products before Engineer will coordinate the selection of colors and finishes with Agency. Engineer will prepare a schedule of finishes that include the colors and finishes selected fo r both manufactured products and for surfaces to be field painted or finished and will furnish this schedule to Contractor within 5 Working Days after the date of acceptance of the last color or finish sample.
1.05 OPERATION AND MAINTENANCE DATA AND MANUALS
a. Adequate operation and maintenance information shall be supplied for all equipment requiring maintenance or other attention. The equipment supplier shall prepare a Project specific operation and maintenance manual for each type of equipment indicated in th e individual equipment sections or the equipment schedule. b. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the individual equipment sections or the equipment schedule. c. Operation and maintenance manuals shall include the following:
1. Equipment function, normal operating characteristics, and limiting conditions.
2. Assembly, installation, alignment, adjustment, and checking instructions.
3. Operating instructions for startup, routine and normal operation, regulation and control, shutdown, and emergency conditions.
4. Lubrication and maintenance instructions.
5. Guide to troubleshooting.
6. Parts lists and predicted life of parts subject to wear.
7. Outline, cross section, and assembly drawings; engineering data; and wiring diagrams.
8. Test data and performance curves, where applicable.
d. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when delivered, or which may be required by Contractor.
e. Three hard copies of each manual shall be submitted to Engineer prior to the date of shipment of the equipment. When the O&M manuals are returned with the review status "RETURNED FOR CORRECTION," the corrections shall be made as instructed by the
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Engineer, and 2 copies of the corrected portion(s) and 1 complete corrected copy of the O&M manual returned to the Engineer. After review by Engineer, is complete 4 hard copies and 1 electronic copy of each operation and maintenance manual shall be prepared and delivered to Engineer not later than 10 Working Days prior to placing the equipment in operation. The electronic copy shall be submitted through the Project website, and will be reviewed for content and organization and assigned a review status by the Engineer. When corrections are required, a corrected version of the electronic copy shall be resubmitted. Procedures for submission of the electronic copy will be provided after award of the Contract. When review of the electronic copy by the Engineer is complete, 3 copies of each electronic O&M manual shall be delivered on USB Flash Drive to the Engineer. Each USB Flash Drive shall contain only 1 copy of 1 manual. f. Manuals shall be submitted in electronic format to the Engineer prior to the date of shipment of the equipment. The manuals shall be submitted and the Engineer’s review comments retrieved, through the Project website accessible through the Internet.
Instruction on procedures for posting and retrieving O&M submittals and review comments will be provided after award of the Contract. When the O&M manuals are reviewed "RETURNED FOR CORRECTION,” the corrections shall be made as instructed by the Engineer or Consulting Engineer, and corrected manuals resubmitted to the Engineer or Consulting Engineer. When review by the Engineer is complete, 3 copies of each electronic O&M manual shall be delivered on USB Flash Drive to the Engineer. Each USB Flash Drive shall contain only 1 copy of 1 manual. Delivery of the final O&M shall be made 10 Working Days prior to placing the equipment in operation. g. All material shall be marked with Project identification, and inapplicable information shall be marked out or deleted.
h. Shipment of equipment will not be considered complete until all required manuals and data have been received.
1.06 HARD COPY OPERATIONS AND MAINTENANCE MANUALS
a. Hard copies submitted for review shall be temporarily bound in heavy paper covers bearing suitable identification. All manuals and other data shall be printed on heavy, first quality 8 1/2 x 11 inch paper, with standard 3-hole punching. Drawings and diagrams shall be reduced to 8 1/2 x 11 inches or 11 x 17 inches. Where reduction is not practicable, larger drawings shall be folded separately and placed in envelopes, which are bound into the manuals. Each envelope shall be suitably identified on the outside . Each volume containing data for 3 or more items of equipment shall include a table of contents and index tabs. The final hard copy of each manual shall be prepared and delivered in substantial, permanent, 3 -ring or 3 -post binders in heavy paper covers w ith a table of contents and suitable index tabs.
1.07 ELECTRONIC OPERATIONS AND MAINTENANCE MANUALS
a. Electronic manuals shall be in Adobe Acrobat’s PDF, and shall be prepared at a resolution between 300 and 600 dpi, depending on document type. OCR capture shall be performed
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on these documents. OCR settings shall be performed with the “original image with hidden text” option in Adobe Acrobat Exchange.
b. File size shall be limited to 500 MB, unless authorized by the Engineer. When multiple files are required the least number of files possible shall be created. File names shall be in the format OMXXXXX-YYYZ-V.pdf, where XXXXX is the 5 -digit number corresponding to the specification section, YYY is a 3 -digit O&M manual number, e.g., 001, Z is the letter signifying a resubmittal, A, B, C, etc, and V is a number used only when more than one 10 MB file is required for an O&M manual.
c. Documents prepared in PDF format shall be processed as follows:
d. Pages shall be searchable (processed for optical character recognition) and indexed when multiple files are required.
1. Of material to update the manual provided by the manufacturer. Pages shall be rotated for viewing in proper orientation.
2. A bookmark shall be provided in the navigation frame for each entry in the Table of Contents.
3. Embedded thumbnails shall be generated for each completed PDF file.
4. The opening view for PDF files shall be as follows:
5. Initial View: Bookmarks and Page
6. Page Number: Title Page (usually Page 1)
7. Magnification: Set to Fit in Window
8. Page: Single Page
9. Where the bookmark structure is longer than 1 page, the bookmarks shall be collapsed to show the chapter headings only.
10. When multiple files are required the first file of the series (the parent file) shall list every major topic in the Table of Contents. The parent file shall also include minor headings bookmarked based on the Table of Contents. Major headings, whose content is contained in subsequent files (children) shall be linked to be called from the parent to the specific location in the child file. The child file shall contain bookmark entries for both major and minor headings contained in the child file.
The first bookmark of any child file shall link back to the parent file and shall read as follows "Return to the Equipment Name Table of Contents," e.g., Return to the Polymer Feed System Table of Contents.
11. Drawings shall be bookmarked individually.
12. Files shall be delivered without security settings to permit editing, insertion and deletion
1.08 LABELING
a. As a minimum, the following information shall be included on all final O&M manual materials, including USB Flash Drive, cases, and hard copy manuals:
Equipment name and/or O&M title spelled out in complete words.
Project Name.
Agency Project/Contract Number.
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Specification Section Number. Example: “Section 15 55 00” Manufacturer’s name.
File Name and Date.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
01 41 26 PERMIT REQUIREMENTS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
01 35 00 SPECIAL PROCEDURES
PART 1 – GENERAL
1.01 SECTION INCLUDES
A. Hazardous materials procedures.
B. Environmental protection procedures.
C. Dust and air pollution control procedures.
D. Smoke/odor control procedures.
E. Welding and burning mitigation procedures.
F. Cultural resources procedures.
1.03 HAZARDOUS MATERIALS PROCEDURES
A. Identified Hazardous Materials: NOT USED
B. Unidentified Hazardous Materials:
1. In the event that Contractor encounters on the project site material reasonably believed to be asbestos, polychlorinated biphenyl (PCB), or other hazardous materials which have not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to Engineer.
2. Work in the affected area shall not be resumed except by written agreement between Owner’s Representative and Contractor, if in fact the material is asbestos, PCB, or other hazardous materials and has not been rendered harmless.
3. Work in the affected area shall be resumed in the absence of asbestos, PCB, or other hazardous materials, or when such materials have been rendered harmless.
4. Owner’s Representative will ensure that the identified hazardous waste and/or hazardous materials are handled and disposed in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code Division 20, Chapter 6.5).
1.04 "HOT WORK" PROCEDURES
A. "Hot Work" Procedures: When Work involves welding, soldering, heating, and other activities involving production of sparks or use of open flame, Contractor shall apply to Engineer for "Hot Work" permit, using form and following procedures as directed by Engineer.
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1. Provide a fire watch for minimum of 30 minutes after welding, soldering, and heating stops.
2. Provide heat and flame protection for all adjacent surfaces.
1.05 ENVIRONMENTAL PROTECTION PROCEDURES
A. Hazardous Materials: See Article below titled "HAZARDOUS MATERIALS PROCEDURES" and requirements specified in Section 01 35 43 – Environmental Procedures.
1. Except as otherwise specified, in the event the Contractor encounters on the site material reasonable believed to be asbestos, polychlorinated biphenyl (PCB), or other hazardous materials which have not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition in writing to Engineer.
2. Work in affected areas shall not thereafter be resumed except by written agreement of the Owner’s Representative and Contractor if in fact the material is asbestos, PCB, or other hazardous materials and has not been rendered harmless.
3. Work in affected areas shall be resumed in the absence of asbestos, PCB, or other hazardous materials, or when such materials have been rendered harmless.
B. Protection of Natural Resources: It is intended that the natural resources within the Project boundaries and outside the limits of permanent work performed under this Contract be preserved in their existing condition or be restored to an equivalent or imp roved condition upon completion of the work.
1. Confine construction activities to areas defined by the public roads, easements, and work area limits shown on the drawings.
2. Return construction areas to their pre -construction elevations except where surface elevations are otherwise noted to be changed.
3. Maintain natural drainage patterns. Conduct construction activities such that ponding of stagnant water conducive to mosquito breeding habitat will not occur at any time.
C. Land Resources Protection: Do not remove, cut, deface, injure, or destroy trees or shrubs outside the work area limits. Do not remove, deface, injure, or destroy trees within the Project area without permission from the Engineer. Such improvements shall be removed and replaced, if required, by the Contractor at no change in Contract Time and Contract Sum.
D. Landscaping Protection: Protect trees that are located near the limits of Project area which may possibly be defaced, bruised, or injured or otherwise damaged by the Contractor's
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operations. No ropes, cables or guys shall be fastened to or be attached to any existing nearby trees or shrubs for anchorages.
1. Pruning: Notify and receive direction from Engineer in the event that pruning would be needed.
2. Repair and restoration: Repair or replace trees or other landscape feature scarred or damaged by equipment or construction operations as specified below. Repair and restoration plan shall be reviewed and approved by Engineer prior to its initiation.
E. Temporary Construction:
1. Remove all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, or any other vestiges of construction as directed by the Engineer.
2. Level all temporary roads, parking areas and any other areas that have become compacted or shaped.
3. Unpaved areas where vehicles have been operated shall receive suitable surface treatment or shall be periodically wetted down to prevent construction operations from producing dust damage and nuisance to persons and property, at no change in Contract Time and Contract Sum.
4. Keep haul roads clear at all times of any object which creates an unsafe condition.
Promptly remove any contaminants or construction materials dropped from construction vehicles. Do not drop mud and debris from construction equipment on public streets.
Sweep clean turning areas and pavement entrances as necessary.
F. Water Resources: Comply with all applicable Federal, State, and local Codes, ordinances, statutes, and regulations pertaining to discharge (directly or indirectly) of pollutants to underground and natural waters.
1. Perform all Work under the Contract in a manner that any adverse environmental impacts are reduced to a level that is acceptable to Engineer and authorities having jurisdiction.
2. Refer to Division 2 – Site Construction, earthwork Sections, and Civil Drawings for specific requirements on control of stormwater and disposal of water from dewatering activities.
G. Oily Substances: At all times, special measures shall be taken to prevent oily or other hazardous substances from entering the ground, drainage areas or local bodies of water in such quantities as to affect normal use, aesthetics or produce a measurable impact upon the areas. All soil or water that is contaminated with oily substances due to Contractor's
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operations shall be disposed of in accordance with applicable regulations, at no change in Contract Time and Contract Sum.
1.06 DUST AND AIR POLLUTION CONTROL PROCEDURES
A. Dust and Air Pollution Control Procedures, General: Employ measures to prevent or minimize creation of dust and air pollution. Contractor shall appoint a dust control monitor to oversee and implement all measures specified in this Article.
1. Unpaved areas shall be wetted down, to eliminate dust formation, a minimum of twice a day to reduce particulate matter. When wind exceeds 15 mph, site shall be watered down more frequently.
2. Store all volatile liquids, including fuels or solvents in closed containers.
3. No on-site burning of debris, lumber and other scrap shall be permitted.
4. Properly maintain equipment to reduce gaseous pollutant emissions.
5. Exposed areas, new driveways and sidewalks shall be seeded, treated with soil binders, or paved as soon as possible.
6. Cover stockpiles of soil, sand, and other loose materials.
7. Cover trucks hauling soil, debris, sand, or other loose materials.
8. Sweep project area at least once daily.
1.07 SMOKE/ODOR CONTROL PROCEDURES
A. Smoke/Odor Control: Protect primary fresh air intakes to existing buildings from exhaust from internal combustion engines, paint and solvent fumes and other noxious fumes and vapors.
1. Implement control methods such as snorkels from engines exhausts to 50 feet away from air intakes. Provide carbon filters on air intakes as necessary, including periodic replacement of filters to ensure effectiveness.
2. All other activities generating fumes shall be limited to minimum distance of 50 feet from air intake grilles.
3. If fume-generating procedures must occur within 50 feet of an air intake, Contractor shall do the following:
a. Notify Engineer at least 14 days in advance of such activities. b. Perform Work when it least impacts the Owner’s Representative (evenings, weekends, or particularly windy days).
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c. Provide carbon filter media, plastic barriers, or other control methods to ensure fresh air only enters into the building ventilation system.
B. Non-Smoking Site: Make project site a non-smoking environment
1.08 CULTURAL RESOURCES PROCEDURES
A. Cultural Resources Procedures:
1. Project does not encroach upon known archaeological sites. However, it is conceivable that unrecorded archaeological sites could be discovered during construction.
2. In the event that artifacts, human remains, or other cultural resources are discovered during subsurface excavations at locations of the Work, the Contractor shall protect the discovered items, cease work for a distance of 35 feet radius in the area, notif y the Construction Manager and Engineer and comply with applicable laws.
3. Owner may retain an Archaeologist to monitor and recover data and artifacts during period that work has ceased.
4. All items found which are considered to have archaeological significance are the property of the Owner.
PART 2 – PRODUCTS (NOT USED)
PART 3 – EXECUTION (NOT USED)
END OF SECTION
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01 41 00 REGULATORY REQUIREMENTS
PART 1 – GENERAL
1.1 SECTION INCLUDES
A. Codes, ordinances, laws, and regulations applicable to Work under the Contract.
1.2 AUTHORITY AND PRECEDENCE OF CODES, ORDINANCES AND STANDARDS A. Authority: All codes, ordinances and standards referenced in the Drawings and Specifications shall have the full force and effect as though printed in their entirety in the Specifications.
B. Precedence:
1. Where specified requirements differ from the requirements of applicable codes, ordinances and standards, the more stringent requirements shall take precedence.
2. Where the Drawings or Specifications require or describe products or execution of better quality, higher standard or greater size than required by applicable codes, ordinances and standards, the Drawings and Specifications shall take precedence so long as such increase is legal.
3. Where no requirements are identified in the Drawings or Specifications, comply with all requirements of applicable codes, ordinances and standards of authorities having jurisdiction.
1.3 APPLICABLE CODES, LAWS, AND ORDINANCES
A. Applicable Codes, Laws, and Ordinances: As listed below. Refer also to Section 01 10 00 - Summary of the Project regarding permits and licenses.
B. Building Codes:
1. Performance of the Work shall meet or exceed the minimum requirements of (latest version) of California Code of Regulations (CCR), Title 24, including the following:
a. CCR Title 24, Part 1: 2022 California Building Standards Administrative Code b. CCR Title 24, Part 2: 2022 California Building Code (CBC), (Based on 2021 International Building Code (IBC) Volumes 1 through 3, with State of California Amendments.
c. CCR Title 24, Part 3: 2022 California Electrical Code (CEC); (Based on 2020 NFPA, NEC)
d. CCR Title 24, Part 9: California Fire Code, (Based on 2021 IFC)
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e. CCR Title 24, Part 4: 2022 California Mechanical Code (CMC); (Based on 2021 Uniform Mechanical Code (UMC) CCR Title 24, Part 5: 2022 California Plumbing Code (CPC); (Based on 2021 Uniform Plumbing Code (UPC). f. CCR Title 24, Part 6: 2022 California Energy Code.
g. CCR Title 24, Part 11: 2022 California Green Building Standards Code (CALGreen Code).
h. CCR Title 24, Part 12: California Referenced Standards Code. i. Carlsbad Municipal Code
2. Performance of the Work shall also comply with applicable requirements of current editions of California Code of Regulations (CCR) as follows:
a. CCR Title 8 – Industrial Relations.
b. CCR Title 19 – Public Safety.
c. CCR Title 22 – Social Security.
3. As applicable, performance of the Work shall comply with requirements of the following standards, in compliance with California Building Code (CBC) Section 3504.1:
a. NFPA 72 – National Fire Alarm Code, with State of California Amendments. Note:
See UL Standard 1971 for "Visual Device."
b. NFPA 253 – Critical Radiant Flux of Floor Covering Systems. c. NFPA 13 – Standard for the Installation of Sprinkler Systems.
4. References on the Drawings or in the Specifications to "code", "Code" or "building code" similar terms, not otherwise identified, shall mean the codes specified above, together with all additions, amendments, changes, and interpretations adopted by code authorities of the jurisdiction having authority over the Project.
5. The applicable edition of all codes shall be that adopted at the time of issuance of permits by the Authority Having Jurisdiction (AHJ).
C. Date of Laws and Ordinances: The applicable date of laws and ordinances shall be that of the date of performance of the Work.
1. Work shall be accomplished in conformance with all applicable laws, ordinances, rules, and regulations of Federal, State, County, City, County and special district agencies and jurisdictions having authority over the Project.
2. Performance of the Work shall be accomplished in conformance with all rules and regulations of public utilities, utility districts and other agencies serving the facility.
3. Where such laws, ordinances, rules, and regulations require more care or greater time to accomplish Work, or require better quality, higher standards or greater size of
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products, Work shall be accomplished in conformance to such requirements with no change to the Contract Time and Contract Sum, except where changes in laws, ordinances, rules, and regulations occur subsequent to the execution date of the Agreement.
PART 2 – PRODUCTS (NOT USED)
PART 3 – EXECUTION (NOT USED)
END OF SECTION
01 41 26 PERMIT REQUIREMENTS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
01 41 26 PERMIT REQUIREMENTS
PART 1 GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
a. The Contractor is responsible to obtain all local, state and federal permits and licenses required to perform the Work. Payment for obtaining and complying with permits and licenses including, but not limited to, general construction permits, building perm its, grading permits, encroachment permits, haul route permits, excavation permits, drilling permits, water discharge permits, temporary easements, licenses, inspection fees, and Federal, State and local taxes shall be borne by the Contractor and shall be included in prices Bid for Work for which such costs are appurtenant. b. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, permits required for sewage bypass pumping or discharge; Night Work; overload; blasting or demolition or for any permit related to the operation of equipment used in such Work.
c. The Contractor shall obtain and pay for all permits for the disposal of all waste or surplus materials removed from the Project. The cost of the permit(s) shall be included in the price for the Bid items requiring the permits and no additional compensation will be allowed for them.
d. The Contractor shall provide a copy of the permit or license to the Agency prior to performing the Work requiring the permit or license.
e. Contractor shall pay for all fees applicable to Contractor’s operations. f. Contractor shall not begin Work until all permits applicable to the Work are obtained.
Permits shall be maintained in valid status until acceptance of the Work by the Agency. g. The Contractor shall pay all business taxes or license fees that are required for the Work.
1. To the extent that there is a change in the type or cost of any permits, fees, licenses, or inspections after Contract award, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions.
2. The Contractor shall comply with and give notices required by Applicable Laws.
The Contractor is not entitled to damages or additional payment for delays attributable to the acquisition of permits.
3. The Contractor shall pay the Agency for regulatory fees, fines, or penalties imposed on the Agency arising from the Contractor’s failure to complete the Work in accordance with the Contract Documents.
h. The Contractor shall obtain, pay for, and comply with required permits, licenses, work permits, and authorizations from appropriate agencies, including the following:
1. Licenses
i. Before submitting Bids, Contractors shall be licensed in accordance with provisions of Chapter 9, Division 3, of the Business and Professions Code.
01 41 26 PERMIT REQUIREMENTS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
ii. City of Carlsbad Business License.
2. State and Federal permits:
i. Excavation and Dirt Moving Permit from Cal/OSHA
ii. Safety permit from California Division of Industrial Safety
3. Other permits
i. City Haul Route Permit
ii. Oversize Load Permit
iii. Written authorization from private property owners for property utilized for staging
i. The Agency will obtain for the Contractor, the following:
1. CEQA Notice of Exemption
1.02 HAUL ROUTE PERMIT
a. The Contractor shall prepare a Project specific haul route plan detailing the streets intended for use in delivery of materials and import and export of soil. Contractor will be limited to the routes approved by the City of Carlsbad according to the approved haul route plan contained in the permit.
1.03 TRAFFIC CONTROL PLANS
a. The Contractor shall prepare Project specific traffic control plans, and haul route plan and use such plans to obtain a traffic control permit from the City of Carlsbad Development Services Department.
1.04 RAILROAD (NOT USED)
1.05 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)/ GENERAL PERMIT PROJECTS LESS THAN ONE ACRE (TIER 1 and TIER 2 or Maintenance ONLY Projects that may be over an acre)
A. Water Pollution Prevention. The Contractor shall plan for and implement temporary construction BMPs to mitigate the water quality impacts of land disturbance and non - storm water discharges related to construction activities in accordance the Agency’s current Municipal Stormwater Permit and Carlsbad Municipal Code Chapter 15.12. BMPs are the schedules of activities, prohibitions of practices, maintenance procedures and other management practices employed during construction activities to prevent or reduce pollution of bodies of water protected by the federal Clean Water Act (33 U.S.C. § 1251 et seq. ) and the state Porter -Cologne Water Quality Control Act (Water Code , § 13000 et seq.), which include oceans, lagoons, lakes, streams and other sensitive water bodies and water courses. Construction BMPs also include physical devices and structural construction control measures designed to prevent soil erosion from occurring on the Work Site, or that are designed to prevent sediment from leaving the Work Site, both of which are referred to hereafter as “Water Pollution .” BMPs are also intended to protect the health, safety and welfare of the public and to prevent damage to adjoining public and private property resulting from construction activities.
01 41 26 PERMIT REQUIREMENTS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
B. Pollution prevention practices and the minimum BMPs are required during all 12 months of the year. BMPs and other erosion control practices must be implemented as the most important “first line of defense .” The Agency has adopted the CASQA ‘Stormwater Best Management Practices Handbook: Construction ,’ latest edition, as its preferred source for adopting construction BMPs. All BMPs must correspond to the BMP Fact Sheets included in the CASQA Construction Handbook. With the approval of the Engineer, or designee, the Agency may accept comparable BMPs fro m reputable alternative sources.
As used in this section, “Engineer” shall have the same meaning as “Construction Manager.”
C. The Contractor shall utilize the Agency’s Tier 1 or Tier 2 SWPPP templates and include all applicable elements provided in the template. The SWPPP templates are available on the Agency’s website at [PROJECT ENGINEER insert website address here]. Tier 1 and Tier 2 SWPPP templates include standard storm water prevention construction notes, a Project information block, a Storm Water Compliance Statement, Agency approval block and a BMP Checklist Table. The BMP Checklist Table is intended to help the Contractor select appropriate BMPs best suited to the Project and the Work. Additionally, the SWPPP shall include a Site plan showing the proposed Project Site and depicting the areas of proposed construction and proposed locations of construction BMPs. The Tier 1 and Tier 2 SWPPP plans shall be submitted as additional sheets to the construction plan set.
D. The Engineer may require Contractor to adopt additional BMPs if the Engineer determines the selected BMP(s) are ineffective or incapable of preventing Water Pollution from escaping the Work site. Tier 1 and Tier 2 SWPPPs must be combined with proper and timely installation of the BMPs, thorough and frequent inspections, maintenance, and documentation. The Contractor shall ensure that the selected BMPs are appropriately incorporated into the Site design and, if required by the Engineer, must employ a qualified professional to ensure proper installation and maintenance of the BMPs.
E. The Engineer may suspend the Work, consistent with Supplemental General Provisions Section 6 -6, at the Contractor’s cost, that create Water Pollution or otherwise violate water quality standards required by the federal Clean Water Act (33 U.S.C. § 1251 et seq.) and the state Porter-Cologne Water Quality Control Act (Water Code , § 13000 et seq.) if the Engineer determines that the Contractor has failed to satisfy all requirements of this section. If the Contractor violates any provisions of this subsection, or if Water Pollution occurs in the Work Site for any reason, the Contractor shall immediately notify the Engineer.
F. The Contractor shall immediately notify the Agency if there is a non-stormwater discharge to the storm drain conveyance system resulting from the Work or Project-related activities. In addition, the Contractor shall, within 24 hours, submit a written report to the Engineer describing the incident and corrective actions taken. If for any reason the Engineer detects Water Pollution, before notification by the Contra ctor, this written report shall also include an explanation of why the Contractor had not timely notified the Engineer.
01 41 26 PERMIT REQUIREMENTS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
G. Implementation Costs. Preparation, implementation and management of Water Pollution prevention activities are incidental to the items of Work and Agency shall not make additional payment to Contractor for these costs.
PROJECTS GREATER THAN ONE ACRE (TIER 3) – Not Maintenance Only Projects
NOT USED
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
01 50 00 TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL
1.01 PAYMENT
a. Payment for field office will be made at the price Bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the Project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet service, electrical, telephone, potable water and sanitary facilities, and maintenance. The rate will be paid throughout the duration of the Contract that the field office, complete with all facilities an d utilities, is available to the Engineer and on the Project except when the Engineer has ordered that the field office be removed from the Project.
1.02 FIELD OFFICE (NOT USED)
1.03 WATER
a. All water required for and in connection with the Work to be performed shall be provided by and at the expense of Contractor. No separate payment for water used or required will be made and all costs in connection with the water shall be included in the Bid. b. All water required for and in connection with the Work to be performed shall be furnished by and at the expense of Contractor through meters installed on hydrants. Contractor shall supply all necessary tools, hose, and pipe, or otherwise transport the wate r to the point of use, and shall make its own arrangements with the appropriate water department as to the amount of water required and the time when the water will be needed. Indiscriminate use of water so furnished will not be permitted. Special hydrant wrenches shall be used for opening and closing fire hydrants. In no case shall pipe wrenches be used for this purpose.
1.04 POWER
a. Contractor shall provide all power for heating, lighting, operation of Contractor's plant or equipment, or for any other use by Contractor. Temporary heat and lighting shall be maintained until the Work is accepted.
b. Construction Operations. Each Contractor shall provide all power for operation of its plant and equipment, or for any other use, except building heating and lighting. All building heating and lighting shall be provided under Contract.
c. Temporary Lighting and Heating. Contractor under Contract shall provide temporary heat and light for all buildings, to protect the Work and maintain suitable working conditions.
Temporary heat and light shall be maintained until Work under Contract has bee n accepted by Agency.
d. When operational, the permanent heating and ventilating system and the permanent lighting system shall be used by Contractor under Contract to provide temporary heat and light. Before use of the permanent heating and ventilation system in the building s,
01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
Contractor shall install a filter with MERV of 8 at each return air grille in the system and remove the filter at end of construction.
e. Temporary heat shall be provided when the temperature falls below 50 °F (10°C) and as otherwise required to maintain reasonable working conditions and protect all Work, materials, and equipment against damage from dampness or cold, to dry out the structure, or to maintain proper conditions for the installation and curing of materials. f. Heating equipment and fuels shall be suitable for the particular purpose and shall include adequate safety devices. Combustion type heaters shall not be used without proper venting nor in areas where such equipment might introduce a hazard. Heat from Owner's existing facilities shall not be used.
g. All enclosed areas shall be ventilated (using forced -draft equipment when necessary) as required to maintain proper conditions for workers and the Work and to avoid any accumulation of hazardous dust or fumes.
1. Contractor at its own expense shall make authorized connections to the existing power sources and shall extend temporary service lines to the required areas.
Temporary wiring shall conform to Article 305 of the NEC.
2. Contractor shall at all times provide adequately against waste and needless use of power. Electrical power shall be used only in such quantities as will not interfere with Owner's requirements, and care shall be taken not to overload the existing facilities. Contractor shall provide any additional or temporary electrical power or power of other voltages it may require for prosecution of the Work. h. These provisions shall not be construed as a guarantee by Agency of the uninterrupted continuation of power, and interruptions beyond the control of Agency shall not be reason for claims for additional costs nor for extensions of time. Contractor shall provide, at no additional cost to Agency, any necessary power required for prosecution of the Work during such interruptions.
1.05 SANITARY FACILITIES
a. Contractor shall furnish temporary sanitary facilities at the Site, as provided in the Contract, for the needs of all construction workers and others performing Work or furnishing services on the Project.
b. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically treated type are used, at least 1 toilet will be furni shed for each 20 persons , with a minimum of 1 ADA unit . Contractor shall enforce the use of such sanitary facilities by all personnel at the Site.
1.06 VOICE AND DATA SERVICES
NOT USED1.07 CONSTRUCTION AIDS
a. Contractor shall furnish, install, maintain, and operate all construction aids required by it and its Subcontractors in the performance of the Work, except as otherwise provided in the Contract.
01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
b. Contractor under Contract shall provide construction aids necessary for the performance of Work by other Contractors on the Project. Such construction aids shall be suitable for conditions encountered and shall include:
1. Elevators and hoists
2. Cranes
3. Temporary enclosures
4. Swing staging
5. Scaffolding
6. Temporary stairs
1.08 MAINTENANCE OF TRAFFIC
a. Contractor shall conduct its Work to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, Contractor shall provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel, and shall give reasonable notice to owners of private drives before interfering with them. Such maintenance of traffic will not be required when Contractor has obtained permission from the Agency and tenant of private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Contractor shall obtain all required traffic control plans and permits.
b. In making open-cut street crossings, Contractor shall not block more than one-half of the street at a time. Whenever possible, Contractor shall widen the shoulder on the opposite side to facilitate traffic flow. Temporary surfacing shall be provided as nec essary on shoulders. Contractor shall obtain all required traffic control plans and permits. c. Temporary Bridges. Contractor shall construct substantial bridges at all points where it is necessary to maintain traffic across pipeline construction. Bridges in public streets, roads, and highways shall be acceptable to the authority having jurisdiction thereover. Bridges erected in private roads and driveways shall be adequate for the service to which they will be subjected. Bridges shall be provided with substantial guardrails and with suitably protected approaches. Foot bridges shall be at least 4 feet wide, provided with handrails and uprights of dressed lumber. Bridges shall be maintained in place as long as the conditions of the Work require their use for safety of the public. When necessary for the proper prosecution of the Work in the immediate vic inity of a bridge, the bridge may be relocated or temporarily removed for such period as Engineer may permit. d. Detours. Where required by the authority having jurisdiction thereover that traffic be maintained over any Construction Work in a public street, road, or highway, and the traffic cannot be maintained on the alignment of the original roadbed or pavement, Contractor shall, at its own expense, construct and maintain a detour around the Construction Work. Each detour shall include a bridge across the pipe trench and all necessary barricades, guardrails, approaches, lights, signals, signs, and other devices and
01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
precautions necessary for protection of the Work and safety of the public. Contractor shall obtain all required traffic control plans and permits.
1.09 BARRICADES AND LIGHTS
a. Contractor shall obtain all required traffic control plans and permits. b. All streets, roads, highways, and other public thoroughfares which are closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway o r street on each side of the blocked section.
c. All open trenches and other excavations shall have suitable barricades, signs, and lights to provide adequate protection to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. d. All barricades and obstructions shall be illuminated with warning lights from sunset to sunrise. Material storage and conduct of the Work on or alongside public streets and highways shall cause the minimum obstruction and inconvenience to the traveling public. e. All barricades, signs, lights, and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway rights-of-way, as required by the authority having jurisdiction thereover.
1.10 FENCES
a. All existing fences to remain and affected by the Work shall be maintained by Contractor until completion of the Work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. b. On completion of the Work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations.
1.11 PROTECTION OF PUBLIC AND PRIVATE PROPERTY
a. Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered (or covered) or otherwise affected by its construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. b. No trees shall be removed outside the permanent easement, except where authorized by the Engineer or Consulting Engineer. Whenever practicable, Contractor shall tunnel beneath trees when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations.
01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
c. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materi als, or workers to or from the Work Site or any part of it, whether by Contractor or its Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged prop erty concerning its repair or replacement or payment of costs incurred in connection with the damage.
d. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times.
1.12 DAMAGE TO EXISTING PROPERTY
a. Contractor will be held responsible for any damage to existing structures, Work, materials, or equipment because of its operations and shall repair or replace any damaged structures, Work, materials, or equipment to the satisfaction of, and at no additional cost to, Agency.
b. Contractor shall protect all existing structures and property from damage and shall provide bracing, shoring, or other work necessary for such protection. c. Contractor shall be responsible for all damage to streets, roads, curbs, sidewalks, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property, which may be caused by transporting equipment, materials, or workers to o r from the Work Site. Contractor shall make satisfactory and acceptable arrangements with the agency having jurisdiction over the damaged property concerning its repair or replacement.
1.13 TREE AND PLANT PROTECTION
a. All trees and other vegetation which must be removed to perform the Work shall be removed and disposed of by Contractor; however, no trees or cultured plants shall be unnecessarily removed unless their removal is indicated on the Drawings. All trees and plants not removed shall be protected against injury from construction operations. b. Trees considered by Engineer to have any significant effect on construction operations are indicated on the Drawings and those which are to be preserved are so indicated. c. Contractor shall take extra measures to protect trees designated to be preserved, such as erecting barricades, trimming to prevent damage from construction equipment, and installing pipe and other Work by means of hand excavation or tunneling methods. Such trees shall not be endangered by stockpiling excavated material or storing equipment against their trunks.
d. When injuring or removal of trees designated to be preserved cannot be avoided, or when removal and replacement is indicated on the Drawings, each tree injured beyond repair or removed shall be replaced with a similar tree of the nearest size possible. e. All trimming, repair, and replacement of trees and plants shall be performed by qualified nursery workers or horticulturists.
01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023
f. Contractor shall take extra measures to protect plant material within the identified HMP area from being damaged by construction activities, such as erecting barricades, to prevent damage from construction equipment. Such sensitive plant material shall not be endangered by stockpiling excavated material or storing equipment in the HMP or in the identified HMP Buffer area.
1.14 SECURITY
a. Contractor shall be responsible for protection of the Site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons.
b. No claim shall be made against Agency by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Agency’s property resulting from Contractor's failure to provide security measures as specified. c. Security measures are the SOLE responsibility of the contractor and include security of the site after hours and on weekends. Security actions may include fencing, barricades, lighting, watchman services, site cameras, and other measures as required to protect the Site.
1.15 ACCESS ROADS
NOT USED1.16 PARKING
a. Contractor shall provide and maintain suitable parking areas for the use of all workers and others performing Work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere w ith public traffic, Agency’s operations, other Agencies’ operations, or construction activities.
1.17 NOISE CONTROL
a. Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound - muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work; and in compliance with applicable city ordinance and The project’s Mitigation Monitoring and Reporting Program. b. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct its operations to avoid unnecessary noise which might interfere with the activities of building occupants.
1.18 DUST CONTROL
a. Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be cove red to prevent blowing dust.
01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: October 2, 2025 Document Version: 1.0 Current Update: May 2023