HomeMy WebLinkAbout2021-03-23; City Council; ; Plans and Specifications Approval and Authorization to Advertise for Bids for Temporary Trailers for the Police and Fire Headquarters Renovation ProjectMeeting Date: March 23, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Steven Stewart, Municipal Projects Manager
steven.stewart@carlsbadca.gov, 760-602-7543
Mickey Williams, Assistant Police Chief
mickey.williams@carlsbadca.gov, 760-931-2260
Subject: Plans and Specifications Approval and Authorization to Advertise for Bids
for Temporary Trailers for the Police and Fire Headquarters Renovation
Project
District: 2
Recommended Action
Adopt a resolution approving the plans and specifications and authorizing the city clerk to
advertise for bids for temporary trailers for the Police and Fire Headquarters (previously called
the Safety Center) Renovation Project, Capital Improvement Program Project No. 4715.
Executive Summary
As part of the Police and Fire Headquarters Renovation Project, temporary trailers will be
required for select staff that need to work on the site. They will be located in the gated parking
lot adjacent to the Police and Fire Headquarters. These trailers, along with temporary utility
connections to them, will remain in place for up to two years. Plans and specifications for the
trailer layout have been coordinated with the Carlsbad Police Department and a request for
bids has been prepared.
Carlsbad Municipal Code Section 3.28.080(E) requires the City Council to adopt plans and
specifications for all construction projects that are to be formally bid upon when the value
exceeds the $200,000 limit established by the Public Contract Code, including the alternative
provisions of the Uniform Public Construction Cost Accounting Act. The cost of the work to
install, and eventually remove, the trailers is estimated at $850,000, so the temporary trailers
contract is subject to the requirement.
Staff recommends City Council approval of bids solicitation through a request for bids so that
temporary trailers can be put into place before work begins.
Discussion
The Police and Fire Headquarters facility, located at 2560 Orion Way, comprises a two-story
administration building (which houses the Police and Fire Headquarters) and an attached one-
story conference room building containing the Emergency Operations Center. The project was
incorporated into the Capital Improvement Program during fiscal year 2014-15. The project
scope and design have been developed over several years in coordination with the police and
CA Review RMC
March 23, 2021 Item #3 Page 1 of 113
fire departments. As a result, it comprehensively addresses building infrastructure needs,
energy efficiency upgrades, and essential safety and security improvements, all in a more
efficient office layout.
The project has been brought before City Council recently for several authorizations.
• On Nov. 19, 2019, the City Council adopted Resolution No. 2019-234, authorizing a
contract with Sillman Wright Architects, Inc. for full design services.
• On May 5, 2020, the City Council adopted Resolution No. 2020-076, approving an
amendment to the contract with Sillman Wright Architects, Inc. to incorporate structural
engineering design services for the administration building.
• On Nov. 17, 2020, the City Council adopted Resolution No. 2020-076 to change the name
of the facility from the Safety Center to the Police and Fire Headquarters following the
work associated with the subsequent Emergency Operations Center Reconfiguration
Project, Capital Improvement Program Project No. 4719.
• On Jan. 26, 2021, the City Council adopted Resolution No. 2021-032, approving an
amendment to the contract with Sillman Wright Architects, Inc. to incorporate structural
engineering design services for the Emergency Operations Center.
Given the need to have temporary trailers in place in advance of the renovation work, and in
light of Carlsbad Municipal Code Section 3.28.080(E), staff seeks the City Council’s approval of
the temporary trailer layout, that is, the plans and specifications, and solicitation of bids.
City Council actions planned for this project this year include:
1. Award of contract for temporary trailer installation and lease - June 2021
2. Approval of plans and specifications for the project and authorization to bid - Summer
2021
3. Authorization of a contract with the successful bidder - Fall 2021
Options
The following options are provided for the City Council’s consideration:
1. Adopt a resolution approving the plans and specifications and authorizing the city clerk
to advertise for bids for temporary trailers for the Police and Fire Headquarters
Renovation Project.
Pros
• Plans and specifications and a request for bids have been prepared for the
project
• Advertisement at this time will allow for a trailer contractor to be selected for
this work and for the temporary trailers to be set up for staff to move into prior
to the start of the renovation work
• Sufficient funding is available for the bid solicitation
Cons
• None identified
March 23, 2021 Item #3 Page 2 of 113
2. Do not adopt a resolution approving the plans and specifications and authorizing the
city clerk to advertise for bids for temporary trailers for the Police and Fire Headquarters
Renovation Project, and request staff combine this work with the building renovations
work scope.
Pros
• None identified
Cons
• Delays temporary trailer set for staff use
• Combining this work with the renovation work scope will increase project costs
for the extended trailer rental time
• Combining this work with the renovation work scope will extend the project
schedule by approximately four months
Staff recommends Option 1 for City Council approval: Adopt a resolution approving the plans
and specifications and authorizing the city clerk to advertise for bids for temporary trailers for
the Police and Fire Headquarters Renovation Project, Capital Improvement Program Project No.
4715.
Fiscal Analysis
The approval of a solicitation for bids has no immediate financial cost impact. The award of the
contract for this work will be funded out of the current project budget, so no additional
appropriation is currently needed. The cost estimate for the temporary trailer contract is
$850,000. Funds from the General Capital Construction and Infrastructure Replacement Funds
have been appropriated for the project as shown below:
Safety Center Renovation, Capital Improvement Program Project No. 4715
Current appropriation $7,966,550
Current expenditures/encumbrances ($2,580,000)
Current fund balance available $5,386,550
Additional project costs
Contract for temporary trailer setup and lease (estimated) ($850,000)
Remaining balance $4,536,550
Additional appropriation needed $0
With the temporary trailers in place for staff use and when bids are received for the project,
staff will request City Council authorization of a construction contract with the successful
bidder, which would include a request for an additional appropriation of approximately $11.4
million, estimated to occur in fall 2021. Staff will have more refined cost estimates as the
project design nears completion.
Next Steps
After City Council approval of the plans and specifications and authorization to bid, the city
clerk will advertise for bids for temporary trailers. Once the bids are received and evaluated,
staff will return to the City Council to request authorization of a contract with the successful
March 23, 2021 Item #3 Page 3 of 113
bidder so that temporary trailers can be put into place and certified for occupancy before work
begins.
Installation of temporary trailers is expected to take four months. These temporary trailers are
expected to be in place throughout the duration of project construction, which is expected to
be awarded in fall 2021 and last until winter 2023.
Environmental Evaluation (CEQA)
This project is exempt from the California Environmental Quality Act under Guidelines Section
15301(d) - Existing facilities, which covers the restoration or rehabilitation of deteriorated or
damaged structures, facilities or mechanical equipment to meet current standards of public
health and safety.
Public Notification and Outreach
Public notice of this item was posted in keeping with the state’s Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.City Council resolution
2.Location map
3.Plans, specifications and contract documents (on file in the Office of the City Clerk)
March 23, 2021 Item #3 Page 4 of 113
RESOLUTION NO. 2021-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR TEMPORARY
TRAILERS FOR THE POLICE AND FIRE HEADQUARTERS (PREVIOUSLY CALLED
THE SAFETY CENTER) RENOVATION PROJECT, CAPITAL IMPROVEMENT
PROGRAM (CIP) PROJECT NO. 4715 (PROJECT)
WHEREAS, on Nov. 19, 2019, City Council adopted Resolution No. 2019-234 authorizing an
agreement with Sillman Wright Architects, Inc. (SWA) to complete the design work for the Safety
Center Renovation Project, CIP Project No. 4715 (Project); and
WHEREAS, on May 5, 2020, City Council adopted Resolution No. 2020-076, approving
Amendment No. 1 to the agreement with SWA to add structural engineering design services to the
scope of work for the Project; and
WHEREAS, on Jan. 26, 2021, City Council adopted Resolution No. 2021-032, approving
Amendment No. 4 to the agreement with SWA to add structural engineering design services for the
Emergency Operations Center (EOC) to the scope of design services for the Project; and
WHEREAS, on Nov. 17, 2020, City Council adopted Resolution No. 2020-076 to change the name
of the facility from the Safety Center to the Police and Fire Headquarters following the work associated
with the subsequent EOC Reconfiguration Project, CIP Project No. 4719; and
WHEREAS, staff has prepared a Request for Bids to advertise in advance of the Project for
temporary trailers to use as temporary offices for staff to move into before construction of the Project;
and
WHEREAS, the engineer's estimate for installing, and eventually removing, these trailers in the
gated parking lot adjacent to the Police and Fire Headquarters (previously known as the Safety Center)
is $850,000; and
WHEREAS, Carlsbad Municipal Code Section 3.28.080(E) requires the City Council to adopt the
plans and specifications for construction projects and approve projects that exceed $200,000, and this
project meets the requirement; and
WHEREAS, the city planner has determined that the Project is exempt from the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15301(d) — "Existing Facilities",
which covers the restoration or rehabilitation of deteriorated or damaged structures, facilities or
March 23, 2021 Item #3 Page 5 of 113
mechanical equipment to meet current standards of public health and safety, and that none of the
exceptions described in CEQA section 15300.2 are applicable to this project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the plans, specifications, and cost estimate submitted by staff for the installation,
and eventual removal, of the trailers in the gated parking lot adjacent to the Police and
Fire Headquarters are hereby adopted.
3.That the city clerk is hereby authorized and directed to publish, in accordance with state
law, a Request for Bids prepared by staff for the installation, and eventual removal, of
temporary trailers in the gated parking lot adjacent to the Police and Fire Headquarters,
in accordance with the plans, specifications and contract documents referred to herein.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 23rd day of March, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
BARBARA ENGLESON, Cityqlerk
(SEAL)
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March 23, 2021 Item #3 Page 6 of 113
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EXHIBIT 2
March 23, 2021 Item #3 Page 7 of 113
Revised 6/12/18 Contract No. 4715 Page 1 of 97 Pages
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS, GENERAL
PROVISIONS AND CITY STANDARDS
FOR
Carlsbad Safety Center
Temporary Trailer Delivery, Setup,
Leasing, Servicing & Removal
CONTRACT NO. 4715
PWS21-1389FAC
Attachment A
March 23, 2021 Item #3 Page 8 of 113
Revised 6/12/18 Contract No. 4715 Page 2 of 97 Pages
TABLE OF CONTENTS
Item Page Notice Inviting Bids ....................................................................................................................... 5 Contractor's Proposal ................................................................................................................... 11 Bid Security Form ......................................................................................................................... 20
Bidder’s Bond to Accompany Proposal ........................................................................................ 21 Guide for Completing the “Designation of Subcontractors” Form ................................................ 22
Designation of Subcontractor and Amount of Subcontractor’s Bid Items ................................... 23 Bidder's Statement of Technical Ability and Experience .............................................................. 24 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ........................................................................................... 26
Bidder’s Statement Re Debarment ............................................................................................... 27 Bidder's Disclosure of Discipline Record …………………………………………… ...................... 28
Non-collusion Declaration to Be Executed by Bidder and Submitted with Bid ............................ 29
Contract Public Works .................................................................................................................. 30 Labor and Materials Bond............................................................................................................. 31
Faithful Performance/Warranty Bond ........................................................................................... 38
Optional Escrow Agreement for Surety Deposits in Lieu of Retention ........................................ 40 ATTACHMENT A General Scope of Work .................................................................................................................... 43
Exhibit 1 – Trailer and Storage Plan (Separate Document) Exhibit 2 – Concept for distribution of temporary phone/data wiring (Separate Document) Exhibit 3 – City IT Standards 2021, V01 (Separate Document)
March 23, 2021 Item #3 Page 9 of 113
Revised 6/12/18 Contract No. 4715 Page 3 of 97 Pages
GENERAL PROVISIONS
Section 1 Terms, Definitions Abbreviations and Symbols
1-1 Terms .................................................................................................................... 45 1-2 Definitions ............................................................................................................. 46 1-3 Abbreviations ........................................................................................................ 49
1-4 Units of Measure ................................................................................................... 52 Section 2 Scope and Control of The Work
2-1 Award and Execution of Contract ......................................................................... 53 2-2 Assignment ........................................................................................................... 53 2-3 Subcontracts ......................................................................................................... 53
2-4 Contract Bonds ..................................................................................................... 54 2-5 Plans and Specifications ....................................................................................... 55 2-6 Work to be Done ................................................................................................... 57
2-7 Subsurface Data ................................................................................................... 57 2-8 Right-of-Way ......................................................................................................... 57 2-9 Surveying .............................................................................................................. 57 2-10 Authority of Board and Engineer .......................................................................... 58 2-11 Inspection .............................................................................................................. 58 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ................................................................ 59
3-2 Changes Initiated by the Agency .......................................................................... 59 3-3 Extra Work ............................................................................................................ 60 3-4 Changed Conditions ............................................................................................. 62
3-5 Disputed Work ...................................................................................................... 64 Section 4 Control of Materials
4-1 Materials and Workmanship ................................................................................. 69 4-2 Materials Transportation, Handling and Storage ................................................. 71
Section 5 Utilities 5-1 Location ................................................................................................................. 72 5-2 Protection .............................................................................................................. 72
5-3 Removal ................................................................................................................ 73 5-4 Relocation ............................................................................................................. 73 5-5 Delays ................................................................................................................... 74 5-6 Cooperation........................................................................................................... 74 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ......................................... 75 6-2 Prosecution of Work.............................................................................................. 78
6-3 Suspension of Work .............................................................................................. 78 6-4 Default by Contractor ............................................................................................ 78 6-5 Termination of Contract ........................................................................................ 79
6-6 Delays and Extensions of Time ............................................................................ 79 6-7 Time of Completion ............................................................................................... 80 6-8 Completion, Acceptance, and Warranty ............................................................... 81
6-9 Liquidated Damages ............................................................................................. 81 6-10 Use of Improvement During Construction ............................................................ 82
March 23, 2021 Item #3 Page 10 of 113
Revised 6/12/18 Contract No. 4715 Page 4 of 97 Pages
Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .................................................................. 83 7-2 Labor ..................................................................................................................... 83 7-3 Liability Insurance ................................................................................................. 83 7-4 Workers' Compensation Insurance ...................................................................... 83 7-5 Permits .................................................................................................................. 84 7-6 The Contractor’s Representative .......................................................................... 84 7-7 Cooperation and Collateral Work ......................................................................... 84 7-8 Project Site Maintenance ...................................................................................... 85 7-9 Protection and Restoration of Existing Improvements ......................................... 86 7-10 Public Convenience and Safety ............................................................................ 87 7-11 Patent Fees or Royalties ...................................................................................... 89 7-12 Advertising ............................................................................................................ 90 7-13 Laws to be Observed ............................................................................................ 90 7-14 Antitrust Claims ..................................................................................................... 90 Section 8 Facilities for Agency Personnel 8-1 General ................................................................................................................. 91 8-2 Field Office Facilities ............................................................................................. 91 8-3 Field Laboratories ................................................................................................. 91 8-4 Bathhouse Facilities .............................................................................................. 91 8-5 Removal of Facilities ............................................................................................. 91 8-6 Basis of Payment .................................................................................................. 91 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work ................................................... 93 9-2 Lump Sum Work ................................................................................................... 93 9-3 Payment ................................................................................................................ 93 9-4 Bid Items ............................................................................................................... 96
March 23, 2021 Item #3 Page 11 of 113
Revised 6/12/18 Contract No. 4715 Page 5 of 97 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS Until 11 a.m. on April 21, 2021, the City shall accept bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids, which may be accessed at https://www.carlsbadca.gov/ser-vices/depts/finance/contracting/default.asp, for performing the work as follows: CARLSBAD SAFETY CENTER TEMPORARY TRAILER DELIVERY, SETUP, LEASING, SERVICING & REMOVAL CONTRACT NO. 4715 BID NO. PWS21-1389FAC ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic format (eBids) EXCLUSIVELY at the City of Carlsbad’s electronic bidding (eBidding) site, at: https://www.carlsbadca.gov/services/depts/finance/contracting/default.asp and are due by the date and time shown on the cover of this solicitation. BIDDERS MUST BE PRE-REGISTERED with the City’s bidding system and possess a system-assigned Digital ID in order to submit an electronic bid.
The City’s electronic bidding (eBidding) system will automatically track information submitted to the site including IP addresses, browsers being used and the URLs from which information was submitted. In addition, the City’s bidding system will keep a history of every login instance including the time of
login, and other information about the user's computer configuration such as the operating system, browser type, version, and more. Because of these security features, Bidders who disable their browsers’ cookies will not be able to log in and use the City’s bidding system.
The City’s electronic bidding system is responsible for bid tabulations. Upon the bidder’s or proposer’s entry of their bid, the system will ensure that all required fields are entered. The system will not accept
a bid for which any required information is missing. This includes all necessary pricing, subcontractor listing(s) and any other essential documentation and supporting materials and forms requested or contained in these solicitation documents. BIDS REMAIN SEALED UNTIL DUE DATE AND TIME. eBids are transmitted into the City’s bidding system via hypertext transfer protocol secure (https) mechanism using SSL 128-256-bit security certificates issued from Verisign/Thawte which encrypts data being transferred from client to server. Bids submitted prior to the Due Date and Time are not available for review by anyone other than the submitter, who will have until the Due Date and Time to change, rescind or retrieve its bid should they desire to do so.
BIDS MUST BE SUBMITTED BY DUE DATE AND TIME. Once the deadline is reached, no further submissions are accepted into the system. Once the Due Date and Time has passed, bidders, proposers, the general public, and City staff are able to
immediately see the results online. City staff may then begin reviewing the submissions for responsiveness, compliance and other issues. RECAPITULATION OF THE WORK. Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non-responsive. Alternative proposals will not be considered unless called for. BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after time set as Due Date and Time.
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Revised 6/12/18 Contract No. 4715 Page 6 of 97 Pages
Important Note: Submission of the electronic bid into the system may not be instantaneous. Due to the speed and capabilities of the user’s internet service provider (ISP), bandwidth, computer hardware and other variables, it may take time for the bidder’s submission to upload and be received by the City’s eBidding system. It is the bidder’s sole responsibility to ensure their bids are received on time by the City’s eBidding system. The City of Carlsbad is not responsible for bids that do not arrive by the Due Date and Time. ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT. The Bidder, by submitting their electronic proposal, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this proposal are true and correct. The bidder, by submitting its electronic bid, acknowledges that doing so carries the same force and full legal effect as a paper submission with a longhand (wet) signature. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined and understands the entire Contract Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its bid
proposal, the bidder acknowledges, agrees to and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents. BIDS ARE PUBLIC RECORDS Upon receipt by the City, bids shall become public records subject to public disclosure. It is the responsibility of the Bidder to clearly identify any confidential, proprietary, trade secret or otherwise
legally privileged information contained within the proposal’s General references to sections of the California Public Records Act (PRA) will not suffice. If the Bidder does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of
the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Bidder agrees to hold the City harmless for any such release of this information.
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevo-cable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may
be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department.
Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or
deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Con-
tract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder.
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Revised 6/12/18 Contract No. 4715 Page 7 of 97 Pages
GENERAL SCOPE OF WORK The plans and specifications for the work are included in the Bid Documents. The general scope of work is provided in Attachment A of this Request for Bid. Contractor is also directed to Exhibits 1-3 contained in Attachment A of this RFB for additional details. All work shall be coordinated with the city’s Construction Management Consultant, Griffin Structures. The work shall be performed in strict conformity with the plans, provisions, and specifications con-
tained in this Request for Bid. The specifications for the work include the Standard Specifications for Public Works Construction (SSPWC), Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated “SSPWC”, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly exe-
cuted including notarization, where indicated. 1. Contractor's Proposal
2. Attachment A – General Scope of Work 3. Exhibit 1 - Trailer and Storage Plan 4. Exhibit 2 – Concept for distribution of temporary phone/data wiring (separate document)
5. Exhibit 3 - City IT Standards, 2021 v01 (separate document) 6. Bidder's Bond (At Time of Bid Submit PDF Copy via PlanetBids / All Bidders). Bid Bond (Original) Due within Two Business Days After Bid Opening/ 3 Apparent Low Bidders. 7. Non-collusion Declaration 8. Designation of Subcontractor and Amount of Subcontractor’s Bid 9. Bidder's Statement of Technical Ability and Experience 10. Acknowledgement of Addendum(a) 11. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may
be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 12. Bidder’s Statement Re Debarment
13. Bidder's Disclosure of Discipline Record 14. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) BIDDER’S GUARANTEE OF GOOD FAITH (BID SECURITY) At the time of bid submission, bidders must upload and submit an electronic PDF copy of the afore-
mentioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be uploaded to the City’s eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide the City with the original bid security. Failure to submit the electronic version of the bid security at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Only the three (3) apparent low-bidders are required to submit original bid security to the city within two (2) business days after bid opening date. Failure
to provide the original within two (2) business days may deem the bidder non-responsive.
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Revised 6/12/18 Contract No. 4715 Page 8 of 97 Pages
Due to COVID-19, the City of Carlsbad offices are closed to the Public. Bidder's Bid Bond (Original) will only be accepted via USPS, UPS or any other courier service during regular business hours. ENGINEER’S ESTIMATE All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are ap-proximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $790,000. TIME OF COMPLETION The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be re-
jected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases
the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not include federal funds. The following classifications are acceptable for this contract: A – General Engineering or B – General Building. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Bid packages, various supplemental provisions and Contract Documents may be obtained on the City of Carlsbad website at www.carlsbadca.gov. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec-ifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response
will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpreta-tion of any provision in the contract documents will be given by any agent, employee or con-tractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on direc-tions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract
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Revised 6/12/18 Contract No. 4715 Page 9 of 97 Pages
is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcon-tracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any con-tract for public work, unless currently registered and qualified to perform public work pursuant to Sec-tion 1725.5. This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying payroll records, and mak-ing them available for inspection. Contractor shall require all subcontractors to comply with Section 1776.
PRE BID MEETING A pre-bid meeting and tour of the project site will be held at 2560 Orion Way, Carlsbad, CA 92010 on April 7, 2021 at 10:00 a.m. UNIT PRICES AND COMPUTATION OF BIDS
All bids are to be computed on the basis of the given categories and/or units of work, as indicated in this proposal, times the unit price (if applicable) as submitted by the bidder. All bids are to be complete work including all fees, equipment, labor and materials associated with carrying out the work in accord-ance with plans and specifications. BIDDER’S INQUIRIES
Questions on the bid documents during the bid period shall be submitted in writing via email to:
Janean Hawney, Contract Administrator
Janean.Hawney@carlsbadca.gov
Questions shall be definite and certain and shall reference applicable paragraphs, notes, or drawings
in the RFB. Pre-bid substitution request shall be submitted to Contract Administrator in accordance with the In-
structions to Bidders and Technical Specifications Section 002600 a minimum of 14 calendar days prior to bid opening (by April 7, 2021).
The cutoff date and time to submit questions regarding this project is April 14, 2021, at 5:00 p.m. No questions will be entertained after that date. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
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BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this
contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII
2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required
bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad
Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. ______________, adopted on the ________day of ______________________, 2021. ___________________________ ____________________________________ Date Deputy Clerk
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CITY OF CARLSBAD
Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal CONTRACT NO. 4715
CONTRACTOR'S PROPOSAL
City Council City of Carlsbad 1200 Carlsbad Village Drive
Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and ad-denda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4715 in accordance with the Plans,
Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment for the work the total bid value stipulated below in the Schedule of Values com-prising the basis of award. The Schedule of Value Items listed below will be made a part of the basis
of award and upon City approval of the Contractor’s value distributions, will become the Schedule of Values for monthly progress payments. Items of contract work not specifically referenced in the Sched-ule below, but customary in the construction industry for completing the scope of work described in
the contract documents, shall be included in Schedule “A” below. Contractor to refer to Exhibits and Attachment A – General Scope of Work, for the preparation of these values. NOTE: Lease durations for trailers in clean good condition, are based on current estimates and the leases for certain trailers may need to be limited or extended via change order based on unit prices in Schedule. SCHEDULE OF VALUES “A”
Item No.
Description
Approxi-mate Quantity
and/or Unit
Unit Price (Figures)
Total Amount (Figures)
A-1 Mobilization Lot $____________ $___________
(Price in Words)
A-2 General Conditions for up to 21 21 months $____________ $___________ months
(Price in Words) A-3 Coordinate with city / obtain Lot $____________ $___________ city building permit for trailer setup
(Price in Words)
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Item No.
Description
Approxi-mate Quantity and/or Unit
Unit Price (Figures)
Total Amount (Figures)
A-4 Site survey in preparation for LS $____________ $___________ Setting trailers and building
access ramps and stairs (Price in Words) A-5 Deliver and Install 24x60 trailers 4 $____________ $___________ for staff group offices, Phase 1
(Price in Words)
A-6 Deliver and Install 10x32 trailers 3 $____________ $___________ for staff private offices, Phase 1
(Price in Words)
A-7 Deliver and Install 10x44 trailer 1 $____________ $___________ for staff private offices, Phase 1
(Price in Words) A-8 Deliver and Install 12x40 trailer 1 $____________ $___________ for staff private offices, Phase 1
(Price in Words)
A-9 Deliver and install 12x60 trailer 1 $____________ $___________ for shower/changing rooms for
Phase 2 w/ shower water heaters
(Price in Words) A-10 Deliver and install 8x12 trailers 20 $____________ $___________
for Phase 1 secure storage with security alarm for doors/windows
(Price in Words)
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Item No.
Description
Approxi-mate Quantity and/or Unit
Unit Price (Figures)
Total Amount (Figures)
A-11 Deliver and install 8x20 1 $____________ $___________ Conex box for (2) freezers and
(1) refrigerator for Phase 1 (Price in Words) A-12 Install ADA ramps for all office 30 $____________ $___________ trailers and steps as needed for access to trailers (total of 30)
(Price in Words)
A-13 Provide striping/signage for 1 $____________ $___________ (1) ADA van-accessible stall in
location by city
(Price in Words) A-14 Provide temporary fiber/data to Lot $____________ $___________
occupied trailers from main building per city IT standards and in coordination with city IT. Also provide wireless WiFi in each occupied trailer
(Price in Words)
A-15 Provide temporary security wiring Lot $____________ $___________ for storage trailers and connect to
main building Dispatch area in coordination with city IT staff.
(Price in Words)
A-16 Apply for and obtain water meter Lot $____________ $___________ permit and provide above ground temp water service from hydrant to trailers w/ (2) vehicle ramps where required in drive lanes
(Price in Words)
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Item No.
Description
Approxi-mate Quantity and/or Unit
Unit Price (Figures)
Total Amount (Figures)
A-17 Obtain occupancy permit for Lot $____________ $___________ trailers that will be occupied.
(Price in Words) A-18 Install and remove storage Linear foot $____________ $___________ shelving in the (20) storage trailers (1300 linear feet total)
(Price in Words)
A-19 Provide bi-weekly sewerage 21 months $____________ $___________ pumping services for trailer restrooms for up to 21 months
(Price in Words)
A-20 Provide bi-weekly wastewater 12 months $____________ $___________ pumping services for Phase 2
shower trailer for up to 12 months (Price in Words) A-21 Provide rental service for (4) office 21 months $____________ $___________ trailers (24x60) up to 21 months
(Price in Words)
A-22 Provide rental service for (2) office 21 months $____________ $___________ trailers (10x32) up to 21 months
(Price in Words)
A-23 Provide rental service for (1) office 12 months $____________ $___________ trailers (10x32) up to 12 months
(Price in Words)
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Item No.
Description
Approxi-mate Quantity and/or Unit
Unit Price (Figures)
Total Amount (Figures)
A-24 Provide rental service for (1) office 21 months $____________ $___________ trailer (10x44) up to 21 months
(Price in Words) A-25 Provide rental service for (1) office 21 months $____________ $___________ trailer (12x40) up to 21 months
(Price in Words) A-26 Provide rental service for (1) 12 months $____________ $___________
12x60 shower trailer up to 12 mos.
(Price in Words) A-27 Provide rental service for (20) 12 months $____________ $___________
8x12 storage trailers up to 12 mos
(Price in Words) A-28 Provide rental service for (1) 8x20 12 months $____________ $___________ Conex box for (2) freezers and (1) refrigerator for up to 12 months
(Price in Words)
A-29 Remove (4) 24x60 office trailers 4 $____________ $___________ from site and terminate lease
(Price in Words)
A-30 Remove (2) 10x32 office trailers 2 $____________ $___________ from site and terminate lease
(Price in Words) A-31 Remove (1) 10x32 office trailers 1 $____________ $___________ from site and terminate lease
(Price in Words)
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Item No.
Description
Approxi-mate Quantity and/or Unit
Unit Price (Figures)
Total Amount (Figures)
A-32 Remove (1) 10x44 office trailer 1 $____________ $___________ from site and terminate lease
(Price in Words) A-33 Remove (1) 12x40 office trailer 1 $____________ $___________ from site and terminate lease
(Price in Words)
A-34 Remove (1) 12x60 shower trailer 1 $____________ $___________ from site and terminate lease
(Price in Words)
A-35 Remove (20) 8x12 storage trailers 20 $____________ $___________ from site and terminate lease
(Price in Words)
A-36 Remove (1) 8x20 Conex box 1 $____________ $___________ from site and terminate lease
(Price in Words) A-37 Remove ramps, stairs & utilities Lot $____________ $___________
and restore site to pre-conditions.
(Price in Words) ADD ALTERNATE SCHEDULE OF VALUES “B”
Item
No.
Description
Approxi-mate
Quantity and/or Unit
Unit Price
(Figures)
Total Amount
(Figures)
B-1 Provide 24/7 manned security 21 months $____________ $___________ and monitor site with cameras & motion sensors for up to 21 mos.
(Price in Words)
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Total amount of bid in words for Schedule “A” Items No. 1-37: ______________________________
________________________________________________________________________________
Total amount of bid in numbers for Schedule “A” Items No. 1-37: ___________________________
Total amount of bid in words for Schedule “B” Item No. 1:__________________________________
________________________________________________________________________________
Total amount of bid in numbers for Schedule “B” Item No. 1:_______________________________
The City shall determine the low bid based on the calculated sum of the line Items in Schedules “A”
and “B” above. Depending on total value, bid award may be based on either the Schedule “A” total, or the sum of Schedule “A” and Schedule “B”. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). ______________________________ has/have been received and
is/are included in this bid.
The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under
license number _________________________, classification ________________ which expires on _________________, and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business
and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the
contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally inter-ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no repre-sentation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers
made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ______________________________(Cash, Certified Check, Bond or
Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
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accordance with the provisions of that code, and agrees to comply with such provisions before com-mencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted _____________________________________ (2) Signature (given and surname) of proprietor ____________________________________ (3) Place of Business ________________________________________________________
(Street and Number) City and State _______________________________________________________________
(4) Zip Code ___________________ Telephone No. _________________________________
(5) E-Mail _____________________________________________________
IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted_________________________________________
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) __________________________________________________________________________
__________________________________________________________________________ (3) Place of Business ___________________________________________________________ (Street and Number) City and State ______________________________________________________________ (4) Zip Code ___________________ Telephone No. __________________________________
(5) E-Mail _____________________________________________________
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IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted ________________________________________ __________________________________________________________________________ (2) __________________________________________________________________________
(Signature) __________________________________________________________________________ (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of _________________________
(4) Place of Business ________________________________________________________ (Street and Number) City and State ______________________________________________________________
(5) Zip Code _____________________ Telephone No. _______________________________ (6) E-Mail _____________________________________________________
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners: _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________
_____________________________________ _____________________________________ _____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
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BID SECURITY FORM
(Check to Accompany Bid) Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of __________________________________________________________
______________________________________________________ dollars ($________________),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise re-quired by law, and notwithstanding the award of the contract to another bidder.
_______________________________________ _______________________________________ BIDDER
_________________
*Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
March 23, 2021 Item #3 Page 27 of 113
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
CARLSBAD SAFETY CENTER TEMPORARY TRAILER
DELIVERY, SETUP, LEASING, SERVICING & REMOVAL
CONTRACT NO. 4715 KNOW ALL PERSONS BY THESE PRESENTS:
That we, _______________________________, as Principal, and __________________________, as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) __________________________ for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: Carlsbad Safety Center Temporary Trailer Delivery,
Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award,
then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City.
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ____________ day of _______________________________, 20_____ _________________________________(SEAL) _________________________________(SEAL)
(Principal) (Surety) By: __________________________________ By: ________________________________ (Signature) (Signature) __________________________________ ________________________________
(Print Name/Title) (Print Name/Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM: CELIA A. BREWER
City Attorney By: _______________________________________________ Assistant City Attorney
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GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTORS” FORM
REFERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially,
“Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own Or-ganization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information
may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 20 percent of the work by subcontractors or otherwise to be performed by forces other than the Bid-der’s own organization will be rejected as non-responsive. Specialty items of work that may be so
designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percent-age of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure
to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid
item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE”. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The ex-planation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than twenty percent (20%) of the work with its own forces. Determination of the sub-contract amounts for purposes of award of the contract shall be determined by the City Council in
conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on
this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number
of additional form pages shall be entered in the location provided on each type of form so duplicated.
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal) Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
SUBCONTRACTOR’S BID ITEMS
Portion of Work
Subcontractor Name and Location of Business
Phone No. and Email Address
DIR Registration No.
Subcontractor’s License No. and Classification
Amount of Work by Subcontractor in Dollars*
Page _____ of _____ pages of this Subcontractor Designation form _________________
* Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”
”
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BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal) Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
The Bidder is required to state what work of a similar character to that included in the proposed Con-tract he/she has successfully performed and give references, with telephone numbers, which will en-able the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date Contract Completed
Name and Address of the Employer
Name and Phone No. of Person to Contract Type of Work Amount of Contract
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BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal) Carlsbad Safety Center Temporary Trailer Delivery,
Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715 As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability Automobile Liability
Workers Compensation
Employer’s Liability 2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.
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BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal) Carlsbad Safety Center Temporary Trailer Delivery,
Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
______ ______ yes no
2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar-ment(s)? Attach additional copies of this page to accommodate more than two debarments. _____________________________________
party debarred _____________________________________
agency _____________________________________
period of debarment
_______________________________________
party debarred _______________________________________
agency _______________________________________
period of debarment
BY CONTRACTOR: _____________________________________ (name of Contractor) By: __________________________________ (sign here)
___________________________________ (print name/title)
Page _____ of _____ pages of this Re Debarment form
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal) Carlsbad Safety Center Temporary Trailer Delivery,
Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’
State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? ______ ______ yes no
2) Has the suspension or revocation of your contractor’s license ever been stayed? ______ ______
yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their con-
tractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
______ ______ yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed? ______ ______ yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore.
(If needed attach additional sheets to provide full disclosure.) Page _____ of _____ pages of this Disclosure of Discipline form
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal) Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
_______________________________________ (name of Contractor) By: ____________________________________ (sign here) _______________________________________ (print name/title)
Page _____ of _____ pages of this Disclosure of Discipline form
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NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
The undersigned declares: I am the ____________ of ______________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infor-mation or data relative thereto, to any corporation, partnership, company, association, organization,
bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________________, 20____ at
_________ [city], ________ [state]. ________________________________________________ Signature of Bidder
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CONTRACT
PUBLIC WORKS
This agreement is made this ____________ day of ________________________________, 2021, by
and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and ________________________________________________ whose principal place of business is ______________________________________________________________________________
(hereinafter called "Contractor"). City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents for:
Carlsbad Safety Center Temporary Trailer Delivery,
Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
(hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equip-
ment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Non-collusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder’s Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifi-cations and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incor-porated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi-cated, specified, and implied by the Contract Documents. Any items of work not indicated or specified,
but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent
will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the
last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203.
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5. Independent Investigation. Contractor has made an independent investigation of the jobsite,
the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any infor-
mation that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has
not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time re-quired for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under
the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali-fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying pay-
roll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776.
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9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connec-tion with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Con-tractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required oc-currence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as re-spects: liability arising out of activities performed by or on behalf of the Contractor; products and com-pleted 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 City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate doc-uments attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage.
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b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, em-ployees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. 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 agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured reten-tion levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, 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 agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City 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 herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of in-surance 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 # 70. (H) Verification Of Coverage. Contractor shall furnish the City 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 City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement.
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(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by an-other jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from
participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. ________ init ________ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City,
upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the
return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation estab-lished by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract.
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15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and in-cluded herein, and if, through mistake or otherwise, any such provision is not inserted, or is not cor-rectly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gen-eral Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: ____________________________________ (name of Contractor) By: ________________________________ (sign here) ____________________________________ (print name and title) By: ________________________________ (sign here) ____________________________________ (print name and title)
CITY OF CARLSBAD a municipal corporation of the State of California By: ____________________________________ Matt Hall, Mayor ATTEST: _______________________________________ for Barbara Engleson, City Clerk
President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: _________________________________ Assistant City Attorney
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LABOR AND MATERIALS BOND
WHEREAS, the City of Carlsbad, State of California, has awarded to
________________________________________________________________________________ (hereinafter designated as the "Principal"), a Contract for: Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail
to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, ________________________________________________________, as Principal, (hereinafter
designated as the "Contractor"), and ______________________________ __________________________________ as Surety, are held firmly bound unto the City of Carls-bad in the sum of
_____________________________________________________________________ _______________________________________________________ Dollars ($_______________), said sum being an amount equal to: One hundred percent (100%) of the
total amount payable under the terms of the contract by the City of Carlsbad, and for which pay-ment well and truly to be made we bind ourselves, our heirs, executors and administrators, suc-cessors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontrac-tors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the
Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Develop-ment Department from the wages of employees of the contractor and subcontractors pursuant to
section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attor-ney's fees, to be fixed by the court consistent with California Civil Code section 9554.
This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
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Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
SIGNED AND SEALED, this ______________ day of __________________________, 20____
_______________________________(SEAL) _____________________________(SEAL) (Principal) (Surety) By: _________________________________ By: ________________________________ (Signature) (Signature)
__________________________________ ________________________________ (Print Name & Title) (Print Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
CELIA A. BREWER City Attorney
By: ________________________________ Assistant City Attorney
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FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to
_____________________________________________________________________, (herein-after designated as the "Principal"), a Contract for: Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, __________________________________________, as Principal, (hereinafter designated as the "Contractor"), and ______________________________________
as Surety, are held firmly bound unto the City of Carlsbad in the sum of _____________________ ____________________________________________________________________________ Dollars ($________________), said sum being an amount equal to: One hundred percent (100%)
of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying
the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
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SIGNED AND SEALED, this ______________ day of __________________________, 20____ _______________________________(SEAL) _____________________________(SEAL) (Principal) (Surety)
By: _________________________________ By: ________________________________ (Signature) (Signature)
__________________________________ ________________________________ (Print Name & Title) (Print Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney
By: ________________________________ Assistant City Attorney
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OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
________________________________________________________________whose address is __________________________________________________________________hereinafter called "Contractor" and ___________________________________________________ whose address is
______________________________________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings re-
quired to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for Carlsbad Safety Center Temporary Trailer Delivery, Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
in the amount of ___________________________ dated ______________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and
Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this
contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
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6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title ___________FINANCE DIRECTOR__________ Name _______________________________________ Signature ____________________________________ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title ________________________________________ Name _______________________________________ Signature ____________________________________ Address _____________________________________ For Escrow Agent: Title ________________________________________ Name _______________________________________ Signature ____________________________________ Address _____________________________________ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title ______MAYOR__________________________ Name _______________________________________
Signature ____________________________________
Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008
For Contractor: Title ______________________________________ Name _______________________________________
Signature ____________________________________
Address _____________________________________ For Escrow Agent: Title _______________________________________ Name _______________________________________ Signature ____________________________________
Address _____________________________________
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ATTACHMENT A - GENERAL SCOPE OF WORK
The general scope of work for this project is described below and is depicted on the attached trailer layout in Exhibit 1 - Trailer and Storage Plan and Exhibit 2 – Concept for distribution of temporary phone/data wiring. The legend on the Trailer and Storage Plan in Exhibit 1 describes the intent for Phases 1 and 2 of the associated construction projects related to this work. The general distribution layout for the technology infrastructure is depicted in Exhibit 2 and installation must be coordinated
with the city’s construction manager (Griffin Structures) and city IT staff in accord with Exhibit 3 - City IT Standards 2021, V01. Reference is made to the Contractor’s Proposal on pages 11-16 of this doc-ument for quantities of items needed.
From Notice to Proceed to Certificate of Occupancy: 1. Submit city building permit application for project using Exhibit 1 - Trailer and Storage Plan with
details for stair/ramps to be constructed and path of accessible travel and parking.
2. The city has retained Power Plus to install the temporary power service in coordination with SDG&E. Trailer contractor is welcome to contact them with any questions. 3. Obtain city building permit for project.
4. Obtain trailers for lease that are in clean, good condition and deliver to site (trailers are subject to inspection and approval by city’s construction manager and may require replacement if deemed not in a clean, good condition. Lease durations are estimated to range from 9-21 months and
some trailer leases may need to be terminated within this range or extended on a monthly basis.
5. Following delivery and locating trailers on site, Contractor to set, level and anchor trailers in place. 6. Contractor to build steps/ramps/blocks for trailers as required and set in place. 7. Contractor to apply for and obtain city water permit and install city-approved water meter. Coordi-
nate with city staff and install water connection to trailers. Route water line above grade and pro-vide vehicle ramps in drive lane where indicated on plan and or as directed by city construction manage. Ensure that all trailers with bathroom facilities have water service and provisions for
heated water. Ensure that shower trailer for Phase 2 is equipped with water service and water heaters for heating shower water. 8. Coordinate with Power Plus as necessary to establish power connection(s) to trailers.
9. Coordinate with IT staff and install fiber/copper connections for temp phone/data. Intent per Ex-hibits 2 and 3 is for contractor to route 12 strands of single mode fiber and 25 pair copper from building MDF room in center of office building, overhead to trailer IDF room and then to route to other trailers from the IDF room as shown, and terminating connections in each trailer. Contractor to also install 24-port patch panel in IDF room. Following Exhibit 3 City IT Standards 2021, con-
tractor to route all cables and terminate them in coordination with IT staff. City IT will install switches. Alarm the windows and doors of storage trailers and confirm that alarm is established to alert the city’s Dispatch Center.
10. Coordinate with city IT staff and install WiFi in each office trailer for use during each trailers lease. 11. Stripe parking stall lines in area indicated on plan and provide signage for ADA van accessible parking as directed by city’s construction manager.
12. Obtain Certificate of Occupancy from city building inspector for use of trailers to be occupied. From Certificate of Occupancy to Start of Project:
13. Install storage shelving in designated storage trailers and remove upon completion of Phase 1 renovation work in coordination with city. 14. If included in contract award, secure site with 24/7 security guard, cameras and motion sen-
sor/flood lights. 15. Allow access to furniture contractor for relocation of freezers and refrigerator into Conex box and relocation of office/other furniture, equipment and materials to designated trailers.
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During Project 16. Provide bi-weekly sewerage/wastewater pumping services for staff trailers and wastewater pumping for shower trailer. 17. At completion of Phase 1 renovation work allow access to city furniture contractor to relocate freezers and refrigerator from Conex box, and furniture, equipment and materials from select trail-ers, out of trailer area. 18. At completion of Phase 1 renovation work and in coordination with city construction manager, re-move (1) 10x32 office trailer from site and terminate lease. Replace in this location (1) 12x60 shower
trailer and initiate lease. 19. At completion of Phase 1 renovation work and during part of Phase 2 renovation work, some stor-age trailers should no longer be needed. Contractor to coordinate storage trailer removals and lease
terminations with city construction manager. 20. At start of Phase 2 renovation work and in coordination with city construction manager, allow access to furniture contractor for relocation of equipment and materials into designated trailers. 21. At completion of Phase 2 renovation work allow access to city furniture contractor to relocate fur-niture, equipment and materials from select trailers out of trailer area. 22. At completion of Phase 2 renovation work and in coordination with city construction manager, re-move certain trailers from site and end their leases. Trailer quantity to be determined by city.
On Completion of Project
23. Disconnect temporary utilities for temporary trailer setup and remove connection materials.
24. Restore site to pre-project conditions.
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GENERAL PROVISIONS
FOR
Carlsbad Safety Center Temporary Trailer Delivery,
Setup, Leasing, Servicing & Removal
CONTRACT NO. 4715
BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS – Unless otherwise stated, the words directed, required, permitted, ordered, in-
structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown”, "indicated”, "detailed”, "noted”, "scheduled”,
or words of similar import are used, it shall be understood that reference is made to the plans ac-companying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed”, "designated”, "selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer," un-less stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal”, "approved equal”, "equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer”, unless otherwise stated. Where the words "approved”, "approval”, "acceptance”, or words of similar import are used, it shall be understood that the approval, ac-ceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex-pense, shall perform all operations, labor, tools and equipment, and further, including the furnishing
and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation.
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1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the def-initions assigned to them herein. Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, cor-rects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids.
Agency – The City of Carlsbad, California. Agreement – See Contract.
Assessment Act Contract – A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County.
Base – A layer of specified material of planned thickness placed immediately below the pavement or surfacing.
Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work.
Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board – The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond – Bid, performance, and payment bond or other instrument of security.
City Council – the City Council of the City of Carlsbad. City Manager – the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract – A Contract financed by means other than special assessments.
Change Order – A written order to the Contractor signed by the Agency directing an addition, dele-tion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after
the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager– the city’s agent on site and first level of appeal for informal dispute resolu-tion. Contract – The written agreement between the Agency and the Contractor covering the Work.
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Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agen-cies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Stand-ard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor. Contract Price – The total amount of money for which the Contract is awarded. Contract Unit Price – The amount stated in the Bid for a single unit of an item of work. County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let. Days – Days shall mean consecutive workday’s days unless otherwise specified. Deputy City Engineer, Fleet & Facilities – The Municipal Projects Manager’s immediate supervisor and third level of appeal for informal dispute resolution. Dispute Board – Persons designated by the City Manager of the City of Carlsbad, to hear and ad-vise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad is the last appeal level for informal dispute resolution. Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The Engi-neer is the fourth level of appeal for informal dispute resolution. Minor Bid Item – A single contract item constituting less than 10 percent (10%) of the original Con-tract Price bid. Modification – Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Municipal Projects Manager - The Construction Manager’s immediate supervisor and second level of appeal for informal dispute resolution. Notice of Award – The written notice by the Agency to the successful Bidder stating that upon com-pliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 – Employees of the Contractor who are hired, di-rected, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Fed-eral income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1.
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Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract – Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Proposal – See Bid. Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and pub-lished at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway – The portion of a street reserved for vehicular use. Service Connection – Service connections are all or any portion of the conduit, cable, or duct, in-cluding meter, between a utility distribution line and an individual consumer. Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications – General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number.
Standard Specifications – The Standard Specifications for Public Works Construction (SSPWC), the “Greenbook”.
State – State of California. Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm wa-ter. Street – Any road, highway, parkway, freeway, alley, walk, or way.
Subbase – A layer of specified material of planned thickness between a base and the subgrade. Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor or
with any other Subcontractor for the performance of a part of the Work. Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base, sub-
base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the per-formance of obligations, and the exercise of rights, specifically imposed upon and granted to the
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Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement – A written amendment of the Contract Documents signed by both par-ties. Supplemental Provisions – Additions and revisions to the Standard Specifications setting forth
conditions and requirements peculiar to the work. Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable
performance, execution, and completion of the Work, and for the satisfaction of all obligations in-curred. Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work – That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the “Manual of Steel Construction” published by the American Institute of Steel Construc-tion, Inc.
1-3.2 Common Usage
Abbreviation Word or Words ABAN .......................................................... Abandon ABAND ..................................................... Abandoned ABS ....................... Acrylonitrile – butadiene – styrene AC ................................................... Asphalt Concrete ACP ......................................... Asbestos cement pipe ACWS .................... Asphalt concrete wearing surface ALT ............................................................. Alternate APTS ................................ Apartment and Apartments AMER STD ................................... American Standard AWG ............... American Wire Gage (nonferrous wire) BC ................................................. Beginning of curve BCR...................................... Beginning of curb return BDRY ......................................................... Boundary BF ................................................... Bottom of footing BLDG ...................................... Building and Buildings BM ........................................................... Bench mark BVC ................................... Beginning of vertical curve B/W ......................................................... Back of wall C/C ................................................... Center to center CAB ..................................... Crushed aggregate base CAL/OSHA ........... California Occupational Safety and Health Administration
CalTrans ........California Department of Transportation CAP ...................................Corrugated aluminum pipe CB ........................................................... Catch Basin
Cb ...................................................................... Curb CBP .............................. Catch Basin Connection Pipe CBR ....................................... California Bearing Ratio CCR ........................... California Code of Regulations CCTV.............................................. Closed Circuit TV CES ......................... Carlsbad Engineering Standards CF .............................................................. Curb face CF .............................................................. Cubic foot C&G .................................................. Curb and gutter CFR ............................... Code of Federal Regulations CFS ........................................ Cubic Feet per Second CIP ....................................................... Cast iron pipe CIPP ...............................................Cast-in place pipe CL ............................................Clearance, center line CLF ................................................... Chain link fence CMB .............................. Crushed miscellaneous base CMC ........................................ Cement mortar-coated CML ............................................ Cement mortar-lined CMWD .................... Carlsbad Municipal Water District CO .................................................. Cleanout (Sewer) COL ............................................................... Column COMM ..................................................... Commercial
CONC .......................................................... Concrete CONN ....................................................... Connection CONST .................................. Construct, Construction
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COORD .................................................... Coordinate CSP .......................................... Corrugated steel pipe CSD............................... Carlsbad Standard Drawings CTB ........................................... Cement treated base CV .......................................................... Check valve CY ............................................................. Cubic yard D ............................................................ Load of pipe dB ................................................................. Decibels DBL ................................................................ Double DF ............................................................. Douglas fir DIA .............................................................. Diameter DIP ................................................... Ductile iron pipe DL ..............................................................Dead load DR .................................................... Dimension Ratio DT .............................................................. Drain Tile DWG ............................................................. Drawing DWY ............................................................ Driveway DWY APPR .................................. Driveway approach E..................................................................... Electric EA ..................................................................... Each EC .......................................................... End of curve ECR................................................ End of curb return EF .............................................................. Each face EG ........................................................Edge of gutter EGL ................................................ Energy grade line EI................................................................. Elevation ELC .................................... Electrolier lighting conduit ELT ...................................................... Extra long ton ENGR ...................................... Engineer, Engineering EP ................................................. Edge of pavement ESMT ......................................................... Easement ETB ......................................... Emulsion-treated base EVC .............................................. End of vertical curb EWA .............................. Encina Wastewater Authority EXC .......................................................... Excavation EXP JT ............................................... Expansion joint EXST ............................................................. Existing F ................................................................ Fahrenheit F&C ................................................. Frame and cover F&I ................................................ Furnish and install FAB ............................................................. Fabricate FAS ............................................. Flashing arrow sign FD ............................................................. Floor drain FDN .......................................................... Foundation FED SPEC................................. Federal Specification FG ...................................................... Finished grade FH ........................................................... Fire hydrant FL ................................................................. Flow line FS .................................................... Finished surface FT-LB ....................................................... Foot-pound FTG ................................................................ Footing FW .......................................................... Face of wall G ......................................................................... Gas GA ................................................................... Gauge GAL .............................................. Gallon and Gallons GALV ........................................................ Galvanized GAR .......................................... Garage and Garages GIP ............................................. Galvanized iron pipe GL ....................................... Ground line or grade line GM ............................................................ Gas meter GNV ............................................. Ground Not Visible GP ............................................................... Guy pole
GPM .............................................. gallons per minute GR .................................................................... Grade GRTG ............................................................. Grating GSP .......................................... Galvanized steel pipe H .......................................................... High or height HB ................................................................Hose bib HC ..................................................House connection HDWL .......................................................... Headwall HGL ............................................. Hydraulic grade line HORIZ ........................................................ Horizontal HP ...........................................................Horsepower HPG .............................................. High pressure gas HPS ............................... High pressure sodium (Light) HYDR .......................................................... Hydraulic IE ....................................................... Invert Elevation ID .......................................................Inside diameter INCL ............................................................ Including INSP .......................................................... Inspection INV ....................................................................Invert IP .................................................................. Iron pipe JC ................................................... Junction chamber JCT ............................................................... Junction JS ................................................... Junction structure JT ....................................................................... Joint L ...................................................................... Length LAB ........................................................... Laboratory LAT.................................................................. Lateral LB .................................................................... Pound LD ................................................... Local depression LF .............................................................. Linear foot LH ............................................................. Lamp hole LL ................................................................ Live load LOL .......................................................... Layout line LONG ......................................................Longitudinal LP .............................................................. Lamp post LPS ................................Low pressure sodium (Light) LS .............................................................. Lump sum LTS................................................... Lime treated soil LWD ............................. Leucadia Wastewater District MAINT ................................................... Maintenance MAX ........................................................... Maximum MCR .......................................... Middle of curb return MEAS ........................................................... Measure MH................................... Manhole, maintenance hole MIL SPEC ................................... Military specification MISC ................................................... Miscellaneous MOD ................................................. Modified, modify MON .......................................................... Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MULT............................................................. Multiple MUTCD .... Manual on Uniform Traffic Control Devices MVL .............................................. Mercury vapor light NCTD ............................. North County Transit District NRCP ............................. Nonreinforced concrete pipe OBS ............................................................. Obsolete OC .............................................................. On center OD ................................................... Outside diameter OE ............................................................ Outer edge OHE ............................................... Overhead Electric OMWD ..................Olivenhain Municipal Water District OPP ............................................................. Opposite ORIG ............................................................. Original PB ................................................................. Pull box
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PC .................................................. Point of curvature PCC....................... Portland cement concrete or point of compound curvature PCVC ...................... Point of compound vertical curve PE ......................................................... Polyethylene PI................................................. Point of intersection PL ........................................................... Property line PMB ........................... Processed miscellaneous base POC .................................................... Point on curve POT .................................................. Point on tangent PP ............................................................ Power pole PRC.......................................... Point of reverse curve PRVC ........................... Point of reverse vertical curve PSI ........................................ Pounds per square inch PT ...................................................Point of tangency PVC .................................................Polyvinyl chloride PVMT ......................................................... Pavement PVT R/W ..................................... Private right-of-way Q ........................Rate of flow in cubic feet per second QUAD ...................................... Quadrangle, Quadrant R .....................................................................Radius R&O ....................................................... Rock and oil R/W ........................................................ Right-of-way RA ..................................................... Recycling agent RAC................................... Recycled asphalt concrete RAP ............................... Reclaimed asphalt pavement RBAC ............................ Rubberized asphalt concrete RC .............................................. Reinforced concrete RCB...................................... Reinforced concrete box RCE..................................... Registered civil engineer RCP..................................... Reinforced concrete pipe RCV........................................... Remote control valve REF ........................................................... Reference REINF ............................ Reinforced or reinforcement RES ............................................................ Reservoir RGE ....................... Registered geotechnical engineer ROW ..................................................... Right-of-Way RR ................................................................ Railroad RSE ............................. Registered structural engineer RTE ................................... Registered traffic engineer S...................................Sewer or Slope, as applicable SCCP .............................. Steel cylinder concrete pipe SD ........................................................... Storm drain SDNR ............................. San Diego Northern Railway SDR........ Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE .................................................... Sand Equivalent
SEC ................................................................ Section SF ........................................................... Square foot SFM ............................................... Sewer Force Main SI ...................... International System of Units (Metric) SPEC ................................................... Specifications SPPWC .........................................Standard Plans for Public Works Construction SSPWC ............................ Standard Specifications for Public Works Construction ST HWY .............................................. State highway STA ................................................................ Station STD ............................................................. Standard STR ............................................................... Straight STR GR ............................................... Straight grade STRUC ........................................ Structural/Structure SW .............................................................. Sidewalk SWD .................................................... Sidewalk drain SY .......................................................... Square yard T ................................................................ Telephone TAN ...............................................................Tangent TC ............................................................ Top of curb TEL............................................................ Telephone TF ......................................................... Top of footing TOPO ...................................................... Topography TR ..................................................................... Tract TRANS ....................................................... Transition TS ........................ Traffic signal or transition structure TSC ........................................... Traffic signal conduit TSS ......................................... Traffic signal standard TW............................................................ Top of wall TYP ................................................................ Typical UE ............................................. Underground Electric USA .................................. Underground Service Alert VAR ................................................... Varies, Variable VB .............................................................. Valve box VC ........................................................ Vertical curve VCP ................................................. Vitrified clay pipe VERT .............................................................. Vertical VOL ............................................................... Volume VWD ...................................... Vallecitos Water District W ....................... Water, Wider or Width, as applicable WATCH ............. Work Area Traffic Control Handbook WI .......................................................... Wrought iron WM ......................................................... Water meter WPJ .......................................... Weakened plane joint XCONN .......................................... Cross connection XSEC ................................................... Cross section
1-3.3 Institutions.
Abbreviation Word or Words
AASHTO American Association of State Highway and Transportation Officials AISC ...................................................................... American Institute of Steel Construction ANSI ......................................................................... American National Standards Institute
API .......................................................................................... American Petroleum Institute AREA................................................................ American Railway Engineering Association ASTM .............................................................. American Society for Testing and Materials AWPA .................................................................... American Wood Preservers Association AWS ............................................................................................ American Welding Society
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AWWA .......................................................................... American Water Works Association FHWA ................................................................................. Federal Highway Administration GRI .................................................................................... Geosynthetic Research Institute NEMA ........................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ........................................................................................ Underwriters’ Laboratories Inc. USGS ................................................................................ United States Geological Survey
1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test re-quirements contained herein use SI units specifically and conversions to U.S. Standard Measures
may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in pa-renthesis may or may not be exactly equivalent.
Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors.
1-4.2 Units of Measure and Their Abbreviations. Not Used. 1-5 SYMBOLS – Not Used.
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SECTION 2 – SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Con-
tract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in de-fault. 2-3 SUBCONTRACTS.
2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information:
The Bidder shall set forth in the Bid, as provided in 4104:
“(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the con-struction of the work or improvements, or a subcontractor licensed by the State of Cal-
ifornia who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contrac-tor’s total bid or ten thousand dollars ($10,000), whichever is greater.” “(b) The portion of the work which will be done by each such subcontractor under this
act. The prime contractor shall list only one subcontractor for each such portion as is
defined by the prime contractor in his bid.”
If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform
that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as
Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by pro-cedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor.
Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contrac-tor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing.
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Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 25 per-cent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 75 percent of the contract price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determina-
tion of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of
the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 per-
cent of the Contract Price except that any designated “Specialty Items” may be performed by sub-contract, and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own
organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal. Where an en-tire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the
estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for ap-proval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contrac-
tor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds
with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limita-tion shown in said circular is sufficient to provide bonds in the amount required by the Contract shall
be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.
The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and ma-terials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hun-dred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid.
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All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execu-tion of the bond. The financial statement shall be made by an officer's certificate as defined in Sec-tion 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after re-ceiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General. See Exhibit 1 attached to this Request for Bid. Exhibit 1 trailer layout shows the in-tent of the project to provide temporary accommodations for police department staff during the course of planned renovation work. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest
to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last.
3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions.
6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans.
g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended.
9) Reference Specifications. 10) Manufacturer’s Installation Recommendations
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Detail drawings shall take precedence over general drawings.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have prece-dence over general plans. 2-5.3 Submittals.
2-5.3.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the En-
gineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are re-
quired by performed, before the required submittals have been reviewed and accepted by the Engi-neer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such devia-
tions were specifically called to the attention of the Engineer in the letter of transmittal. The Contrac-tor shall be responsible for the correctness of the submittals.
The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of Transmittal shall
contain the following: 1) Project title and Agency contract number. 2) Number of complete sets.
3) Contractor’s certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.” By: Title: ______________________________
Date: __________________________
Company Name: ______________________________________________________________
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2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies
to the Contractor and retain the remaining copies and the reproducible. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assem-
bled products proposed to be incorporated into the Work. Shop drawings required shall be as speci-fied in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifica-tions for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be con-
structed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for
systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1.
5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1.
8) Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a sys-tem, product or item. This information is required for irrigation systems, street lighting systems,
and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. Not Used.
2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equip-
ment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. Not used. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages
caused by such actions. 2-9 SURVEYING.
2-9.1 Permanent Survey Markers. Not used.
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2-9.2 Survey Service. Not used. 2-9.2.1 Submittal of Surveying Data. Not used. 2-9.2.2 Survey Requirements. Not used. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce com-
pliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board.
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engi-neer, within San Diego County, accurate books and accounting records relative to all its activities
and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pur-suant to this Agreement, said monitoring, assessments, and evaluations to include, but not be lim-
ited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this con-tract, records with respect to all matters covered by this Contract and will permit the Engineer to au-dit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters cov-ered by this Contract. However, any such activities shall be carried out in a manner so as to not un-
reasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontrac-tors to this contract shall maintain such data and records for as long as may be required by applica-ble laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contrac-tor shall notify the Engineer before noon of the working day before inspection is required. Work shall
be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project
site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract.
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SECTION 3 – CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests
of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quan-tity of work provided the total arithmetic dollar value of all such changes, both additive and deduc-tive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this
limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order.
Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance.
3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conform-ance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid
quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropri-ate.
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4.
3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, 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 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered
by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less
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than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; 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.
3-2.3 Stipulated Unit Prices. Not Used. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Con-
tract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to pro-ceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in
Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Not used. See Proposal.
3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification
in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifi-cations is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for han-dling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work
per Section 3-3. 3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer de-termines that it is not covered by Contract Unit Prices or stipulated unit prices.
3-3.2 Payment. 3-3.2.1 General. 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 as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. 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, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements.
The use of a labor classification which would increase the extra work cost will not be permitted un-less the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for
equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid.
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Non-direct labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency.
(c) Tool and Equipment Rental. No payment will be made for the use of tools which have a re-placement value of $200 or less.
Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” pub-
lished by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way 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. 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 inciden-tals. Necessary loading and transportation costs for equipment used on the extra work shall be in-cluded. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcon-tractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be sub-mitted 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.
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3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor …………………………..… 20 2) Materials ……………………….. 15 3) Equipment Rental ………………. 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as com-pensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcon-tractor, the markup established in Section 3-3.2.3(a) 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 ex-tra 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. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the
Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until
such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by
the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to 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.
3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and be-
fore they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Con-
tract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed;
and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
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The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engi-neer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Con-tractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the
Engineer in writing if the Contractor disagrees. The Contractor’s failure to give notice of changed conditions promptly upon their discovery and before
they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happen-ing of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Account-ing, nor to any claim that is based on differences in measurement or errors of computation as to con-tract quantities. The written notice of potential claim for changed conditions shall be submitted by the
Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particu-lar circumstances giving rise to the potential claim, the reasons for which the Contractor believes ad-ditional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications
are disallowed The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-12655. “The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.”
By: Title: ______________________________
Date: _________________________________ Company Name: _____________________________________________________________ The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the af-fected work is completed. Failure to do so shall be sufficient cause for denial of any claim subse-quently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
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3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dis-
pute resolution chain of command: 1. Construction Manager
2. City Municipal Projects Manager
3. Deputy City Engineer, Fleet & Facilities
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the dis-
puted work stating its position on the claim, the contractual basis for the claim, along with all docu-mentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the
Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Con-tractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract. All claims by the -Contractor shall be resolved in accordance with Public Contract Code section
9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens
to ensure that all construction business performed on a public works project in the state that is com-plete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay as-sessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of,
the contractor pursuant to the contract for a public works project and payment for which is not other-wise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity.
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(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct con-tract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political sub-
division, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that depart-
ment. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdic-tion pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim ap-plies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall
provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agree-ment, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written state-ment identifying the disputed portion and the undisputed portion of the claim, and the governing
body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body
after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60
days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to re-spond to a claim issued pursuant to this section within the time prescribed, the claimant may de-mand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt re-quested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undis-
puted. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as
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identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public en-tity and the claimant sharing the associated costs equally. The public entity and claimant shall mutu-ally agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the
claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not lim-ited to, neutral evaluation or a dispute review board, in which an independent third party or board as-
sists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any medi-ation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation con-
ducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private
arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods de-
scribed in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsi-bility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a
public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writ-ing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor pre-
sent a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this
written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, pro-vide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, how-ever, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants avail
able through a competitive application process, for the failure of an awardee to meet its contractual obligations.
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(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, un-less a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Re-
gents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the con-
tract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writ-ing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to de-
fenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
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days of receipt of the local agency's response or within 15 days of the local agency's failure to re-spond within the time prescribed, respectively, and demand an informal conference to meet and con-fer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For pur-
poses of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time
utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinter-ested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is ex-tended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commenc-ing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitra-
tion. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the par-
ties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to ex-ceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3.
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SECTION 4 – CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally
accepted standards. Material and work quality shall be subject to the Engineer’s approval. Materials and work quality not conforming to the requirements of the Specifications shall be consid-ered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice,
the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifica-tions. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facili-ties and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall
also adequately protect new and existing work and all items of equipment for the duration of the Con-tract.
The Contractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or re-move equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical ma-terials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication,
metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations.
Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures,
etc., are subject to inspection at the job site only. Special items of equipment such as designed elec-trical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for
other items not typical of those listed in this section. 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 State of California, 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
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of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the En-gineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or
process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or
equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements.
4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory ser-vices within 50 miles of the geographical limits of the Agency. For private contracts, all costs of in-
spection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Not used.
4-1.5 Certification. Not used. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that speci-fied. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand
name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equip-
ment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents.
The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency,
dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly
to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the
provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opin-
ion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application
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the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. Not used. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measur-
ing devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to ex-ceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certifi-cates shall be provided when requested by the Engineer.
4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified As-phalts). Not used. 4-2 MATERIAL TRANSPORTATION, HANDLING AND STORAGE. Not Used.
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SECTION 5 – UTILITIES
5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to com-mencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number.
The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installa-
tions. 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 opera-tions. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work.
5-2 PROTECTION. 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. Where protection is required to ensure support of utilities located as shown on the Plans or in accord-ance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the neces-sary protection at its expense. 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 Engi-neer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. 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 as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial em-bedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer
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and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. 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. 5-4 RELOCATION. When feasible, the owners 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 negotia-tions 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. Utilities which are relocated in order 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 reloca-tion.
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 for in accordance with Section 3-2. 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 conven-
ience shall be its responsibility and it shall make all arrangements and bear all costs. 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 ar-range for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such
service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. 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. In conformance with Section 5-6 the 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 mini-mize 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 addi-tional 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.
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5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for pro-tection, removal, or relocation of utilities. 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 Section 5-1. 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. 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. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. 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.
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SECTION 6 – PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within _10_calendar days after receipt of the "Notice to Pro-ceed". 6-1.1 Pre-Construction 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 manda-tory 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 Section 6-4. 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. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Base-line Construction Schedule shall be on hard (paper) copy and electronic media conforming to Sec-tion 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. Not used. 6-1.2.1 Time-Scaled Network Diagram. Not used. 6-1.2.2 Tabular Listing. Not used.
6-1.2.3 Bar Chart. Not used. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible “Suretrak” program by Primavera or “Project” program by Microsoft Cor-poration to prepare the Baseline Construction Schedule and all updates thereto. 6-1.2.5 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 15 and 50 activities, in-cluding submittals, interfaces between utility companies and other agencies, project milestones and
equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the pro-ject 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 have rec-ognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Not used. 6-1.2.8 Late Completion. Not used.
6-1.2.9 Early Completion. Not used.
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6-1.2.10 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 and 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 thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the
contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days.
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 6-1.2.10.1 through 6-1.2.10.3.
6-1.2.10.1 “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 6-1.8.1.
6-1.2.10.2 “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 6-1.8.1. 6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the correc-tions and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as re-
quired hereinbefore 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 Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments
are not submitted as required hereinbefore and marked “Accepted” by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engi-
neer during the last week of each month to agree upon each activity’s schedule status and shall sub-mit 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 require-ments of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7.
6-1.3.1 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. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Con-tractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be submitted on a thumb-drive, 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 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 im-pede full access of all data stored on it.
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6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions re-flecting 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.
6-1.3.6 Bar Chart. Not used. 6-1.4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and re-
turn 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 Construction 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 Contrac-tor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly up-
dated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”. 6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. 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.
6-1.4.3 “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 re-ceipt 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 Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before 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 herein the Con-tractor may elect to proceed with the project at its own risk. Should the Contractor elect not to pro-ceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s
responsibility. 6-1.5 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 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 im-mediately following the “Accepted” schedule. 6-1.6 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 explana-tion of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance re-
quirements of Section 6-1, including but not limited to the acceptance and payment provisions. As
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used in this section “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent 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 pre-pared 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 funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor’s preparation, revi-sion and maintenance of the Construction Schedule are incidental to the work and no separate pay-ment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the
Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall restore to useful-
ness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Con-
tractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not
relieve the Contractor from liability. 6-2.1 Order of Work. Not used.
6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings. The
Contractor’s Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, “The Contractor’s Representative”. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcon-tractor or subcontractor’s employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer
that the suspension is necessary in the interest of the Agency. The Contractor shall comply immedi-ately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3.
6-3.2 Archaeological and Paleontological Discoveries. Not used. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equip-ment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work
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schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board’s opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will
be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Con-tractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims
for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to
the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that
part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency
within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the
Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion
or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority.
6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifica-tions.
No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved con-
struction schedule.
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If delays beyond the Contractor’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2.
6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it
can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages in-
curred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of
what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer
within two hours of the beginning of any period that the Contractor has placed any workers or equip-ment 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 pe-riod of delay. The initial and continuing written notices shall include the classification of each work-man and supervisor and the make and model of each piece of equipment placed on standby, the cu-mulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent ex-planation of why the Contractor could not avoid the delay by reasonable means. Should the Con-
tractor 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. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The
Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Con-tractor shall diligently prosecute the work to completion within 21 months (440 working days) after the
starting date specified in the Notice to Proceed. The sequence of work anticipated is: a) Notice to Proceed to building permits for occupancy – 3 months.
b) Staff and material relocations (by others) – 1 month. c) Construction Phase 1 duration – approximately 8 months. Within 5 working days of city notice, contractor must return to the site for the removal of certain trailers, to stop the leases for those trailers, and to supply new trailer as indicated. Timing to be coordinated with city. d) Construction of Phase 2 duration – approximately 8 months. Within 5 working days of city notice, contractor must return to the site for the removal of certain trailers and to stop the leases for those trailers. Timing to be coordinated with city. e) Allowance for trailer removal and site restoration – 1 month.
Total contract duration – 21 months (440 working days)
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6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency,
4. any other day designated as a holiday in a Master Labor Agreement entered into by the Con-tractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause
as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 per-cent of the normal work force for cause as defined in Section 6-6.1.
Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor
shall obtain the written approval of the Engineer if the Contractor desires to work outside said 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 hours and/or days stated
herein 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. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section.
6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Con-tractor will be furnished a periodic statement showing allowable number of working days of Contract
time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15
days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engi-neer for acceptance upon receipt of the Contractor’s written assertion that the Work has been com-pleted.
The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the require-ments of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance
of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work.
All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the
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Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor’s sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time al-lowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand dollars ($1,000.00) Such sum is liquidated damages and shall not be construed as a penalty, and may be
deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day
is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages.
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in
writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negli-
gence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Con-
tractor, Subcontractor, their officers, employees, or agents.
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SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applica-
ble provisions of the Labor Code and Federal, State, and local laws related to labor. 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 nondiscrimina-tion because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations.
In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than
these rates. 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. The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Con-tractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code.
7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract.
The cost of this insurance shall be included in the Contractor’s Bid. 7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the Board,
the Contractor shall file with the Engineer the following signed certification: “I am aware of the provisions of Section 3700 of the Labor Code which re-
quire every employer to be insured against liability for workers’ compensa-tion or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the perfor-
mance of the work of this contract.” The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract.
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The Agency, its officers, or employees, will not be responsible for any claims in law or equity occa-sioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective.
All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State
of California. Policies issued by the State Compensation Fund meet the requirement for workers' com-pensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until
all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore.
The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Not used.
7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall desig-nate in writing a representative who shall have complete authority to act for it. An alternative repre-
sentative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to
this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific
work to which the order applies. Such order shall be complied with promptly and referred to the Con-tractor or its representative.
In order to communicate with the Agency, the Contractor’s representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascer-taining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work.
The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference.
The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting
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from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensa-tion will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of
work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be
permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading
motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid.
Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned.
Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping.
Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to sus-pend work until the condition is corrected. No additional compensation will be allowed as a result of
such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working
days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air con-taminants into the atmosphere in such quantity as will violate the regulations of any legally constituted
authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract
shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged
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and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors result-ing from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employ-ees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condi-tion. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and re-move all temporary light, power, and water at its own expense. These include piping, wiring, lamps,
and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Con-tractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore.
7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to pro-tect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule opera-
tions so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution.
The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Or-der Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit
Number CAS000002, Waste Discharge Requirements (WDR’s) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in ac-cordance with these regulations. The Notice of Intent (NOI) shall not be filed for the project. The NOI shall be filed by City of Carlsbad / per requirements of the latest NPDES Construction Permit before a Notice to Proceed is issued.
7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the
site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with
mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. 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.
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The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a por-tion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered
with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit
them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work.
All costs to the Contractor for protecting, removing, and restoring existing improvements shall be in-cluded in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided.
Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and
motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facil-ities shall be continuous and unobstructed unless otherwise approved by the Engineer.
Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer.
The Contractor shall cooperate with the various parties involved in the delivery of mail and the collec-tion and removal of trash and garbage to maintain existing schedules for these services.
Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not lim-ited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company,
Coast Waste Management at 929-9417. The contractor shall replace all street markings and striping damaged by construction activities.
The Contractor shall include in its Bid all costs for the above requirements.
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7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment
may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be
stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site.
7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State,
County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flag-persons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish
and install signs and warning devices and promptly remove them upon completion of the Work. The Contractor shall secure approval, in advance, from authorities concerned for the use of any
bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street
closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid.
Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Con-trol Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provi-sions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immedi-ately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain bar-ricades or such other traffic signs, markings, delineation or devices as may be required herein, the
Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater.
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the ap-
proved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et
seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning
and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of
motorists in the traveled way or shielded from the view of the traveling public during such periods
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that their message does not pertain to existing conditions. Care shall be used in performing excava-tion for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Porta-ble signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor,
shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones ra-ther than post-type delineators are used during the hours of darkness, they shall be affixed or cov-ered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the
sleeves shall be 7” long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed
with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehi-cles or equipment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable
delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. Not used. 7-10.3.3 Traffic Control System for Lane Closure. Not used.
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. Not used. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. Not used. 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as inciden-tals to the work with which they are associated and no other compensation will be allowed therefore.
7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations.
Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan
varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the En-
gineer. Payment for performing all work necessary to provide safety measures shall be included in the prices
bid for other items of work except where separate bid items for excavation safety are provided, or required by law.
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7-10.4.2 Use of Explosives. Not used. 7-10.4.3 Special Hazardous Substances and Processes. Not used. 7-10.4.4 Confined Spaces. Not used. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all neces-sary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling
materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or
royalties on any patented article or process furnished or used in the Work. The Contractor shall in-demnify and hold the Agency harmless from any legal action that may be brought for infringement of patents.
7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, ar-chitects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades.
7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those em-ployed in the Work or the materials used in the Work or in any way affect the conduct of the Work.
The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. 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 Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract.
7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides:
“In entering into a public works contract or a subcontract to supply goods, services, or materials pur-suant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, ser-vices, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties.”
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SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking.
All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash re-ceptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site.
All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be
included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the
Specifications. 8-2 FIELD OFFICE FACILITIES.
Contractor shall furnish field offices in "Class A" condition and shall maintain the field offices throughout the entire duration of the contract unless the Engineer shall otherwise direct. The offices shall have a
minimum floor space of 600 ft2. All doors and windows shall be provided with screens. Furniture and furnishings shall be provided to create standard offices following their relocation from office building and re-assembly in place. Electric power shall be provided to include a minimum of four duplex convenience outlets. The office shall be illuminated at the tables and desk. An outdoor lighting fixture with a 300-watt bulb shall be installed.
Heating and air conditioning of sufficient capacity shall be provided at no additional expense to the city. The Contractor shall provide drinking water within the temporary office and integral sanitary facil-
ities. Sanitary facilities shall include a toilet and wash basin with hot and cold running water. 8-3 FIELD LABORATORIES. Not Used.
8-4 BATHHOUSE FACILITIES. No free-standing sanitary facilities are included in this project as each field office shall be equipped with sanitary facilities. Additionally, a shower/changing room field
office shall be provided as part of this scope of work as detailed Attachment A – General Scope of Work. 8-5 REMOVAL OF FACILITIES. Field offices at the project site shall be removed upon completion of the Work. 8-6 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servicing, and removing field offices shall be included in the bid item for furnishing such facilities. Payment for field office will be
made at the monthly price bid and will include full compensation for installing and removing the field office,
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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 monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, com-plete with all facilities and utilities, is available to the city and on the project site excepting when the Engineer has ordered that the field office be removed from the project.
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SECTION 9 – MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. Not used. 9-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “L.S.”, or “Job”, shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This sched-ule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for dis-posing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor’s request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or be-coming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor’s responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such pay-ment be construed to be acceptance of any of the Work. Payment shall not be construed as the trans-fer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10.
Guarantee periods shall not be affected by any payment but shall commence on the date of re-cordation of the “Notice of Completion.”
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If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except 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. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure
date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is com-patible with the Agency’s payment procedure.
Each month, the Engineer will make an approximate measurement of the work performed to the clo-sure date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed pro-
gress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Con-tractor assert that additional payment is due, the Contractor shall within ten (10) 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 pay-ment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a doc-
ument setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from
the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
From each progress estimate, 10 percent will be deducted and retained by the Agency, and the re-mainder less the amount of all previous payments will be paid. After 50 percent of the Work has been
completed and if progress on the Work is satisfactory, the deduction to be made from remaining pro-gress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater.
No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. 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 pro-
gress payments shall be subject to correction in the Final Payment Estimate.
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The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make 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 con-tract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the En-gineer 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 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said 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. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Ac-
counting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further in-formation and details as may be required by the Engineer to determine the facts or contentions in-
volved in its claims. Failure to submit such information and details will be sufficient cause for deny-ing the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Sec-tion 3-5, Disputed Work, for those claims remaining in dispute.
9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction oper-ations and not directly attributable to any specific bid item will be included in the progress estimate.
When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization and
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preparatory work shall not exceed twenty thousand dollars ($20,000.00) and includes full compensa-tion for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and inci-dentals, and for doing all the work involved in mobilization and preparatory work and operations, in-cluding, 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 neces-sary for work on the project; for all other facilities, sureties, work and operations which must be per-formed 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 of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compen-
sation for Mobilization and Preparatory Work. 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), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress pay-
ment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, Gen-eral Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense.
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EXHIBIT 1
TRAILER & STORAGE PLAN
March 23, 2021 Item #3 Page 105 of 113
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TYP
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EXISTING FIRE LANE
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UTILITY
ROOM
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2627 12' - 0"92' - 6"
SAFETY CENTER
EXISTING
(E) CONCRETE PATH
(E) FIRE LANE
(E) SIDEWALK
(E) LANDSCAPE
(E) FIRE HYDRANT
(E) LIGHT POLE
(E) CHAIN -LINK FENCE LINE
(E) GATE
(E) ITEM REMOVED
(E)
FH
EXHIBIT 2
GENRAL PLAN FOR
TECHNOLOGY SERVICES
March 23, 2021 Item #3 Page 107 of 113
March 23, 2021 Item #3 Page 108 of 113
EXHIBIT 3
CITY OF CARLSBAD
INFORMATION TECHNOLOGY
STANDARDS
March 23, 2021 Item #3 Page 109 of 113
CITY OF CARLSBAD INFORMATION TECHNOLOGY
INFRASTRUCTURE REQUIREMENTS
DRAFT 2021 –v0.1
March 23, 2021 Item #3 Page 110 of 113
PART 1 GENERAL This guide was developed to assist City of Carlsbad departments in the selection of an appropriate IT infrastructure solutions and equipment for their specific needs or business objectives. All selected
solutions need to be verified and approved by City of Carlsbad IT department. 1.1 GENERAL REQUIREMENTS Tenderers shall propose and submit an Information Technology comprehensive solution to
define the telecommunications infrastructure (patch panels, frames, patch cords, cables, faceplates and outlets) necessary to build a uniform premises distribution system, which will
function for a multi-media communications solution to support up to 10,000Mbps (10GBE) and to provide a 20-year warranted system. This solution is to also include the following:
A. Network Drop Naming Standards
B. Room Dimensions and Backboard
C. Power PART 2 PRODUCTS 2.1 STRUCTURED CABLING SYSTEM (SCS)
A. All COMMSCOPE products supplied under this tender shall be genuine.
B. The following horizontal cable is required: 1. Intrabuilding Cable Fiber – SMF28 terminated LC at both ends.
2. Intrabuilding copper data cable (if needed) – 24 AWG OSP CAT6 3. Intrabuilding phone copper cable – 25 pair 24 AWG CAT3 OSP terminated on
patch panel. 4. Inside copper data cable – Blue Jacket CAT6 24 AWG
C. The communications channel shall be capable of supporting 10GBE (10000BASE- T)
Ethernet. All copper products in the communications channel shall be capable of supporting the provision of power to the Data Terminal Equipment via the electrically
conductive Media Dependent Interfaces as specified in the latest IEEE 802.3bt “Power over Ethernet” standard. All IDC connectors shall be COMMSCOPE IDC technology for
all systems and subsystems.
D. Tenderers shall supply and install the wiring or interconnections that connect active terminal devices to the telecommunication outlets. This includes patch cords,
connectors, faceplates, as well as the work area patch cords (terminal fly leads) needed to make connections.
E. The faceplates offered shall have the following for Cat 6:
1. A choice of 2 outlets unless otherwise specified. 2. A clear label application of circuit identification. Each piece of equipment, patch panel and outgoing cable from the patch panels shall be labeled.
Corresponding labeling and numbering shall also be provided on the telecommunication outlets. Equipment racks/cabinets should be labeled from bottom to top, left to right, omitting the letters “I” and “O Lettering on the label is to be machine typed. Telecommunication Outlets are to be labeled with an approved label secured to the outlet faceplate/cover in a prominent position, firmly affixed. Cable and TO numbering shall be the same and should be in the format of; “BUILDING-FLOOR-ROOM-NUMBER”. The designations can be letters or numbers. Room is optional. NUMBERS must be in sequential numbers. Use a dash between each designation with no spaces. Example below:
March 23, 2021 Item #3 Page 111 of 113
Floor/IDF Location Port
1- xxx- A or B or C or D
F. Telecommunication Outlets (TO)
1. All copper telecommunication outlets supplied by the tenderer shall be modular 8-position / 8-contact outlets, accepting standard modular RJ45 plugs.
2. The socket offered shall be marked to conform to the T568B wiring scheme.
G. EQUIPMENT ROOM & TELECOMMUNICATIONS ROOM CABLE TERMINATIONS The Equipment Room (ER) and Telecommunications Room (TR) shall contain 19” Lab Rack units 44 RU in height, fitted with glide cable management bays for vertical cable and patch cord management. All internal horizontal and/or backbone copper cables shall be terminated on rack mounted patch panels. H. Patch cords shall be provided when patching of voice and/or data circuits is required at the cross-connections to facilitate Moves, Adds and Changes (MAC’s). The patch cords supplied shall be able to support the designed application, like 10GBE applications. I. RACKS AND CABLE MANAGEMENT
1. Utilize glide 19” racks, 44 RU high (product number 6460 1 141-00) for cable
Termination panels and for equipment mounting as appropriate. Locked cabinets may be used if additional security is warranted. 2. Hook and Loop (Velcro) straps are the only approved method of wrapping and bundling cables. NO NYLON ZIP TIES ARE TO BE USED.
3. Vertical cable and patch cord management on the 19” rack shall be by attaching either a glide 150mm front only cable manager, or a 200mm) or 250mm) front &
rear cable manager. Hinged covers matching the vertical cable management shall be fitted to hide and protect the cables and patch cords.
4. Horizontal cable and patch cord management between patch panels or
equipment on the 19” glide cable management racks shall be 2 RU glide horizontal cable managers with front hinged-down cover Horizontal cable and patch cord management at the top, middle or bottom of the 19” rack shall be either 2 RU or 4 RU horizontal crossover troughs.
J. CROSS-CONNECT SYSTEM 1. Supply appropriate patch cords with factory-assembled plug-ends for mating with the termination modules. These patch cords are to be used as the “Exception” patching facility during temporary Moves, Adds and Changes. 2. RJ45 Cat 6 patch panels for incoming voice and/or data services up to10GBE. K. COPPER PATCH PANELS 1. The modular outlet patch panel shall be Cat 6 panel with 8 pin modular sockets.
2. The patch panel shall be available in 24 port configurations in one rack unit height or 48 ports in two-rack unit height and shall fit into a 19" rack. 3. The socket offered shall be marked to conform to the T568B wiring scheme.
4. Systimax – Automated Intelligence Management System for digital patching March 23, 2021 Item #3 Page 112 of 113
L. OPTICAL FIBER TERMINATION UNIT, RACK AND CABINET-MOUNT 1. 19” rack mount fiber termination unit shall provide cross-connect, interconnect or splicing capabilities. 2. The 19” rack-mounting unit should be either 12 or 24 ports for one rack unit (1RU) and can be either a fixed position unit or have a slide or swing tray to improve access. 3. The 19” rack-mounting unit should be either 12 or 24 ports for one rack unit (1RU) and can be either a fixed position unit or have a slide or swing tray to improve access. 4. The adaptor plates shall be suitable LC duplex, and the adaptor plates should be installed to angle the through adaptors to the left or to the right of the panel to improve the patch cord management and provide eye safety due to accidental exposure to active fibers. 5. Connectors on all single-mode fibers (SMF) shall be fusion spliced on site. 6. Deliverables to including complete mapping of all Network Locations and Drops M. PATCH CORDS AND SYSTEM LEADS 1. Tenderer shall supply Cat 6 patch cords and copper System Leads for cross- connection and/or inter-connection of termination modules, patch panels and network equipment.
2. The type of patch cords and system leads shall match the termination module used, i.e. Cat 6 RJ45 patch panel. 3. All Cat 6 patch cords shall be factory terminated 4-pair UTP cable with lengths of 1.2, 2.1, 3.0, 4.5, 7.5, and 15 meters. 4. System Leads shall be supplied and installed to connect the network equipment to the cross-connect or interconnect modules. The system leads shall have 4-pair conductors with length and construction (stranded or solid) suited to the installation. 2.3 POWER REQUIREMENTS A. Server room (IDF/MDF) power needs for site. Power needs to be located under raised flooring. If site does not use raised flooring, then outlet should be located at top of racks. Over 200 Users – Qty 6 – 208 VAC / 30Amp Redundant Circuits Over 50 Users - Qty 3 – 208 VAC / 30Amp Redundant Circuits Under 50 Users Qty 2 – 120 VAC / 20Amp Redundant Circuits
March 23, 2021 Item #3 Page 113 of 113
Steven Stewart, Municipal Projects Manager
Mickey Williams, Assistant Police Chief
March 23, 2021
Plans and specifications approval and
authorization to advertise
for bids for temporary trailers for the
Police and Fire Headquarters
Renovation Project
Recommendation
•Adopt a resolution approving the plans and
specifications and authorizing the city clerk to
advertise for bids for temporary trailers for the Police
and Fire Headquarters (previously called the Safety
Center) Renovation Project, Capital Improvement
Program (CIP) Project No. 4715 (Project)
2
Background
•Design work for the Police and Fire HQ Renovation inclusive of structural upgrades for the EOC/Conference Room wing is nearing completion and will then be submitted to the city for review and permitting
•Before requesting City Council authorization to advertise the Police and Fire HQ Renovation Project for bidding, staff recommends City Council approval of a bids solicitation through an RFB so that temporary trailers can be put into place before work on the Project begins
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Next Steps
•Staff will advertise for bids for temporary trailers for the Project
•Once the bids are received and evaluated, staff will return to City Council to request authorization of a contract with the successful bidder so that temporary trailers can be put into place and certified for occupancy before Project work begins
•Staff plans to return to City Council to request approval of plans and specifications for the Project and authorization to bid in Summer 2021
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Recommendation
•Adopt a resolution approving the plans and
specifications and authorizing the city clerk to
advertise for bids for temporary trailers for the Police
and Fire Headquarters (previously called the Safety
Center) Renovation Project, Capital Improvement
Program (CIP) Project No. 4715 (Project)
5
Thank you