HomeMy WebLinkAbout2022-05-10; City Council; ; Agreement with Vigilant Solutions for the Replacement of the Existing License Plate Readers and Consideration of Expanding the ProgramCA Review __AF__
Meeting Date: May 10, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Cindy Anderson, Senior Management Analyst
cindy.anderson@carlsbadca.gov, 442-339-2170
Subject: Agreement with Vigilant Solutions for the Replacement of the Existing
License Plate Readers and Consideration of Expanding the Program
District: All
Recommended Action
Receive an update on the license plate reader program and adopt a resolution either:
•Authorizing the City Manager to enter a contract with Vigilant Solutions for the
replacement of the city’s 85 fixed and 24 mobile license plate reader cameras and
execute an enterprise service agreement for an amount not to exceed $1,099,240 and
appropriating funding for the agreements, and appropriating up to $200,000 for the
cost of installation (Exhibit 1)
•Authorizing the City Manager to enter a contract with Vigilant Solutions replacing the
existing cameras and expanding the license plate reader program by purchasing an
additional 43 fixed cameras for a total of 128 fixed and 24 mobile cameras and execute
an enterprise service agreement for an amount not to exceed $1,469,374 and
appropriating funding for the agreements (Exhibit 2)
Staff recommend renewing and expanding the program.
Executive Summary
The City of Carlsbad has 85 fixed license plate reader cameras at various intersections in the city
and 24 mobile license plate reader cameras affixed to six marked patrol vehicles. These devices
have proven themselves to be effective crimefighting tools, and the Police Department has
established policies and procedures designed to make sure they are used only for authorized
law enforcement purposes.
The license plate reader equipment has reached the end of its life expectancy of five years, its
warranty is expiring, and the equipment needs to be replaced. The cost to renew the
agreement, replace all 85 fixed cameras and 24 mobile cameras and install the 24 mobile
cameras is $1,099,240. This cost includes a high-volume discount of $540,147. Installing the
fixed cameras will require an additional appropriation of up to $200,000.
May 10, 2022 Item #10 Page 1 of 128
The cost to renew the agreement and expand the program by purchasing an additional 43 fixed
cameras for a total of 128 fixed and 24 mobile cameras and install the 24 mobile cameras is
$1,469,374.
The purchase of the license plate reader cameras and execution of the enterprise service
agreement requires the City Council’s approval under Municipal Code sections 3.28.050 and
3.28.060, which require City Council approval for the procurement of goods and services that
will cost the city more than $100,000 per agreement year.
Section 3.28.110 allows for the “awarding authority,” which, in this case is the City Council, to
exempt certain purchases from the procurement provisions of Chapter 3.28, such as putting the
procurement out for bid. Section 3.28.110 (C) exempts items that must match or be compatible
with other goods, furnishing, materials or equipment previously purchased by the city. Section
3.28.110 (N) exempts situations in which soliciting bids or proposals for goods, services and/or
professional service would be, in the discretion of the awarding authority, impractical,
unavailing, impossible or not in the best interest of the city.
The city’s Purchasing Officer has reviewed the proposed purchase and agrees that this purchase
is in the best interest of the city. The Police Department has contracted with Vigilant for the
service for the past five years, and Vigilant’s software program houses all of its license plate
reader data. Without a contract with Vigilant, the Police Department would lose access to all of
this data. Vigilant is also the sole manufacturer of the license plate reader cameras that were
purchased by the Police Department and is the sole provider of all the platforms that can access
them (Exhibit 7).
Unlike the mobile camera installation, the installation of the cameras in fixed locations is
considered a public works contract. The City Council’s approval is needed for the plans and
specification for the installation of the fixed cameras under Municipal Code Section 3.28.080(E),
which requires the City Council’s approval of the plans and specifications for all construction
projects that are to be formally bid upon when the value exceeds $200,000. The resolution
approving the expansion of the program includes these approvals and authorizes the City Clerk
to advertise for bids. The resolution for the replacement-only option includes funding for the
cost of the installation of the fixed cameras because the cost is expected to be within the City
Manager’s authority to award.
The Police Department recommends the City Council approve replacing the existing license
plate reader cameras and expanding the program by adding an additional 43 fixed cameras at
15 locations. The cost for this for five years would be $1,469,374, plus the costs of installation.
The installation cost of replacing the cameras is expected to be $150,000. The installation cost
of replacing the cameras and expanding the system is estimated at $200,000. Under Option 2,
staff would return to the City Council at a later date to request council award a contract for the
installation work.
Discussion
Background
License plate readers capture images of license plates then use software to compare them
against a law enforcement database that is used to identify stolen vehicles, stolen license
plates, missing persons and vehicles associated with people who have been involved in criminal
May 10, 2022 Item #10 Page 2 of 128
or terrorist activities. They may also be used to gather information related to homeland
security, human trafficking and stolen property.
• On March 24, 2017, the City Council adopted a resolution approving a $807,025 contract
with Mallory Safety & Supply to acquire 51 fixed Vigilant Solutions license plate reader
cameras, and 24 mobile cameras to outfit six marked patrol vehicle. This contract used
the piggy-back clause of a competitively bid solicitation made available by the U.S.
Communities Cooperative Purchasing Program.1 The fixed cameras were installed at 14
intersections in the city.
• On Aug. 21, 2018, the City Council adopted a resolution approving the purchase of an
additional 35 fixed cameras to be installed at 20 new locations. The expansion was
acquired through the National Cooperative Purchasing Alliance in a contract totaling
$497,385. Although the Police Department was approved for 35 cameras, only 34 were
installed due to power supply issues and the layout of the streets in one location.
Community outreach
After the initial approval of the camera program in 2017, the Police Department held a series of
neighborhood meetings to spread public awareness about what the program and explain how
the program works and how it could help solving crimes. The department also shared the
precautions it had taken to respect individual privacy concerns, which are detailed below. This
information has also been shared through social media outlets, council memos, and during the
city’s Citizen’s Academy sessions.
Use of the program
Combatting auto theft
In 2020, 180,939 vehicles were stolen in California, at an estimated total value of approximately
$1.6 billion, according to the California Highway Patrol. This was a 19.6% increase from the
2019 total for vehicle thefts statewide. There was 6% increase in the City of Carlsbad during
that time, from 160 reported stolen vehicles in 2019 to 169 reported stolen vehicles in 2020,
and an 8% increase in 2021 with 182 reported stolen vehicles.
The License Plate Reader Program has proven to be an effective tool in combatting auto theft
and recovering stolen vehicles. Since it was implemented in 2017, and as of March 11, 2022, a
total of 430 stolen vehicles, with a total value of approximately $10 million, have been
recovered through the use of the cameras in Carlsbad. Roughly 72 percent of these stolen
vehicles were occupied by a suspect when they were recovered, resulting in a total of 470
suspects arrested in a stolen or wanted vehicle. This number does not include the number of
suspects who were identified and arrested following investigations using the license plate
readers.
Solving other crimes
These cameras are not only used to recover stolen vehicles and property. The program has
been instrumental in high profile cases, including missing persons and kidnappings, and it has
1 Piggybacking is a contract term used when an agency uses an existing procurement contract from another agency
as the justification and documentation to create its own contract to purchase the same or similar items or services
directly from the vendor. The National Cooperative Purchasing Alliance is a leading national government
purchasing cooperative. Government agencies often use such cooperatives to reduce their costs of procurement.
May 10, 2022 Item #10 Page 3 of 128
played a vital role in several homicide investigations, within the city and conducted by other
jurisdictions.
The following are noteworthy examples of how the license plate readers have helped
investigate and solve crimes:
• In April 2018, a community member reported that she accidentally entered a vehicle she
thought was her ride share car. When she realized her mistake, she tried to get out, but
the driver would not let her exit and ignored her pleas to pull over. The victim was
forced to jump out of the moving vehicle and was injured in her escape. With the LEARN
software that is used to access and search the data, detectives were able to identify the
vehicle after it passed by a license plate reader. The suspect was located and
interviewed by detectives; he admitted to the kidnapping and was arrested.
• In January 2019, a similar incident occurred involving another female victim and a driver
posing as a ride share driver. The victim was sexually assaulted while she was
unconscious in the suspect’s vehicle. Detectives once again used the LEARN software
and ultimately identified the suspect vehicle using the victim’s location and the
suspect’s description. The suspect was arrested and successfully prosecuted.
• On Feb. 21, 2019, five people entered a business at a Carlsbad shopping center and stole
thousands of dollars’ worth of merchandise, shoving the loss prevention officer who was
trying to stop them. A description of their vehicle was given to investigators, who were
able to locate the license plate using the license plate reader software. The vehicle was
captured by a camera shortly before it entered the shopping center. Using this
information, investigators were able to identify all five suspects, who turned out to be
part of an organized crew that had been committing similar thefts and robberies
throughout California and Nevada. The suspects were ultimately arrested following a
multi-agency investigation. The vehicle information provided by the License Plate
Reader Program played a crucial role in identifying the suspects and linking them to the
many other cases in the region. Two of the suspects were ultimately charged in a
homicide case.
• In March 2019, someone intentionally set fire to six vehicles parked at a Carlsbad
dealership, causing hundreds of thousands of dollars’ worth of damage. Using the
license plate reader software, investigators were able to identify the license plate of the
vehicle the suspect drove, which matched the vehicle seen on a surveillance video later
obtained from a nearby business. The license plate reader scans also showed the time
the suspect left the city, which was immediately after the time stamps on the
surveillance footage showed him leaving the crime scene.
• On March 11, 2019, an elderly woman was stabbed to death in her home in Carlsbad.
The suspects then stole her vehicle. As they left the city, the victim’s vehicle was
scanned by a license plate reader. The information played a vital role in the investigation
as it showed the time that the suspects drove past the camera location and provided
detectives with the direction they were headed. Detectives were able to retrace the
suspects’ movements and find the spot where they abandoned crucial evidence. The
suspects were later arrested in connection with the homicide.
May 10, 2022 Item #10 Page 4 of 128
• In June 2019, a vehicle driven by a man believed to be driving under the influence of
drugs collided with another vehicle on Rancho Santa Fe Road, resulting in serious
injuries to other people. At the time of the investigation, the driver gave false
information regarding his identity, which he had stolen from an unsuspecting victim.
Police investigation determined the driver’s true identity and revealed he was a wanted
parolee. Using the suspect’s real identity, investigators were able to identify another
vehicle the suspect was known to drive. Investigators set the LEARN system to watch for
the license plate. A license plate reader detected the plate several weeks later and
officers were able to locate the suspect driving the vehicle. The suspect was arrested for
driving under the influence causing injuries, hit-and-run driving, identity theft, false
identification and insurance fraud, and for outstanding warrants. In August 2019, a
shooting occurred in Carlsbad. Officers discovered the victim had been robbed and shot
in the leg by a group of male suspects. The victim was able to provide detectives with a
description of the vehicle that the suspects were driving. Using this information,
detectives were able to identify the vehicle through images of the vehicle entering the
city just before the shooting and leaving the city immediately afterward. Three suspects
were later arrested and were charged with robbery and assault with a deadly weapon.
• In November 2020, a 68-year-old woman was stabbed to death in Hosp Grove Park. A
person of interest was later identified and, using the information provided during the
investigation, detectives were able to locate a camera scan of the suspect’s vehicle near
the park on the day of the homicide. This information helped the detectives narrow
down a timeframe for the surveillance footage that they had obtained, which showed
the suspect running away after the killing.
• In May 2021, another local law enforcement agency broadcast on shared radio channels
that a homicide had occurred in its jurisdiction. Officials provided a vehicle description
with a partial license plate number that had been provided by a witness. An investigator
from the Carlsbad Police Department inquired within the LEARN system and was able to
identify the vehicle that was had been driven by the suspects in the homicide as well as
the location where it was last detected by the license plate readers. This information
was given to the other agency’s homicide detectives, who were then able to locate the
vehicle and arrest the suspects.
• In June 2021, a frantic mother called the Police Department from Zimbabwe to report
that her 26-year-old daughter was missing. Several attempts were made by family
members and police officers to find or contact her, but they were all unsuccessful. The
daughter’s vehicle information was identified using law enforcement databases and the
vehicle was entered into the LEARN system. Several days later, the daughter’s vehicle
was detected by a camera in Carlsbad. Officers went to the location and found the
daughter nearby. They were able to conduct a mental health check on the daughter and
to let her mother know that she was safe.
• In November 2021, the state of California saw an increased trend of organized retail
thefts. It became so problematic that the governor encouraged law enforcement to
boost efforts to combat retail theft. The Carlsbad Police Department identified multiple
active theft groups believed to have committed organized retail thefts in the city, and
May 10, 2022 Item #10 Page 5 of 128
their vehicles were entered in the LEARN system. In February 2022, the Police
Department arrested four separate groups who were identified as suspects in organized
retail thefts. On Feb. 11, 2022, one group stole from two locations in San Diego County.
Carlsbad police staff entered the suspect’s vehicle license plate into the LEARN system
and the vehicle was detected by a camera in Carlsbad later that day. Officers were then
deployed to Carlsbad’s three major retail shopping centers. The vehicle was located and
stopped by officers as it was leaving one of the shopping malls. Approximately $16,000
worth of stolen property was located in the suspects’ possession. Other organized retail
theft groups have also been located and arrested with the assistance of LEARN
information, with one group suspected of being responsible for over 75 alcohol thefts
from one grocery store chain in Carlsbad.
Privacy, audits and compliance
The fixed cameras capture the back license place of vehicles only, and not identifiable images of
motorists or passengers.
All data and images gathered by the camera system are used for official law enforcement
purposes only and are not available to the public. They are stored for a period of one year, after
which the information and images are purged unless they are considered evidence in a criminal
case.
After the implementation of the program, the Police Department adopted Policy 462 (Exhibit 2)
to set clear guidelines on how the data will be used. The policy requires that the license plate
reader program be used in a manner that protects individuals’ privacy and complies with
applicable law.
Once a camera captures the images of license plates, the image and data is converted into a
searchable format called LEARN that, as noted above, authorized police staff can use to make
inquiries. This type of search is known as “detection browsing.” Under Policy 462, use of the
LEARN system is restricted to legitimate law enforcement purposes. The Police Department
conducts monthly and biannual audits of these detection browsing inquiries. The monthly and
biannual audits are intended to ensure that the LEARN system is only accessed by authorized
personnel and only for legitimate law enforcement purposes.
The audit process consists of the following:
• A monthly audit of all detection browsing inquiries by all authorized users. A case
number or incident number is required as well as a stated reason for each inquiry. This
audit is conducted by the agency administrator, who is an assigned police lieutenant.
• Bi-annual audits of ten randomly select 10 browsing inquiries conducted by Carlsbad
Police Department employees to ensure they meet the guidelines established for users
in the department’s policy manual.
Senate Bill 54, signed into law in 2017, prohibited state and local law enforcement agencies
from using funds or personnel to investigate, interrogate, detain, detect, or arrest persons for
immigration enforcement purposes only, and forbids other activities or conduct in connection
with immigration enforcement by law enforcement agencies. As part of its compliance with
state law, the Police Department does not share automated data with any agency for the
purpose of investigating or enforcing immigration laws.
May 10, 2022 Item #10 Page 6 of 128
In 2021, the Police Department issued Policy 462.5(f) which restricts the sharing of camera
information to only city or county law enforcement agencies within California and state of
California law enforcement agencies. It was later learned that a Police Department staff
member mistakenly approved the camera data to be shared with Las Vegas Metro Police
Department in Nevada and the Prescott Police Department in Arizona. The department stopped
sharing with both of these agencies immediately upon learning of this mistake. Furthermore, in
January 2022, the Police Department issued Policy 462.5(g), which requires the sharing of
camera data with any new agency to be authorized in writing by a bureau captain or higher-
ranking officer. A monthly audit is conducted to ensure only authorized agencies are able to
receive Police Department camera data.
Options
Option 1: Renewal of the program
When the License Plate Reader Program was initially approved by the City Council in 2017, the
city entered into a five-year agreement with Vigilant Solutions for the commercial license,
which went into effect immediately, and for the hosting fees for the software, which went into
effect in June 2017, when installation of the cameras began. The agreement also included a
five-year warranty of the 51 fixed cameras and 24 mobile cameras for six marked patrol
vehicles. In 2018, the Council approved an expansion of the program, and a new contract for
five years of warranty and hosting fees for the additional 34 fixed cameras was executed.
The new quote for $1,099,240 includes the renewal of the five-year warranty and hosting fees
for the 51 fixed cameras and 24 mobile cameras, installation of the 24 mobile cameras, and
renewal of the warranty and hosting fees for the 34 fixed cameras at a prorated discount, since
there is one year remaining on the existing contract for those cameras. Upon execution of the
new contract, all 85 cameras will be on the same five-year warranty and software hosting plan.
The life cycle for cameras is between five and six years, depending on environmental factors,
such as corrosion from salt air, and when the cameras reached the end of their warranty
period, it means that they are unrepairable should they malfunction.
The quote for Option 1 includes replacement of all 85 fixed cameras and 24 mobile cameras, as
well as the dismantling of old cameras, and replacement of the communication brackets and
hardware associated with the installations.
Pros
• All existing license plate reader cameras (85 fixed and 24 mobile) will be replaced
with the updated hardware
• The Police Department will be able to continue to utilize the program to recover
stolen vehicles, find wanted or missing persons, and solve crimes that may not
be solvable otherwise
Cons
• Cost of the program
• Some community members have expressed concerns over the use of the
cameras in addressing crime
Option 2: Renewal and expansion of the program
May 10, 2022 Item #10 Page 7 of 128
Given the license plate reader program’s proven success in making the community safer, the
Police Department recommends renewal and expansion of the existing program by replacing
the existing license plate reader cameras and adding an additional 43 cameras at 15 locations in
Carlsbad. This option would result in a total of 128 fixed and 24 mobile license plate reader
cameras.
An analysis conducted in 2018 found that about 78 percent of the suspects arrested for more
serious offenses, or what are considered Part I crimes,2 by the Carlsbad Police Department did
not report living in Carlsbad. That means many offenders are driving into and out of the city
during the commission of their crimes. For this reason, the Police Department is proposing an
expansion of the program to include certain areas near the city’s borders, and highly trafficked
roads into and out of Carlsbad
The expansion would include the installation of cameras along the Interstate-5 corridor and the
southern portion of the city:
Interstate 5 corridor
No. of cameras Direction Location
1 Westbound Jefferson Street / Marron Road
1 Northbound Las Flores Drive / Jefferson Street
1 Eastbound Las Flores Drive / Jefferson Street
2 Westbound Carlsbad Village Drive / Pio Pico Drive
2 Eastbound Carlsbad Village Drive / Pio Pico Drive
2 Westbound Tamarack Avenue / Pio Pico Drive
2 Eastbound Tamarack Avenue / Pio Pico Drive
2 Southbound Paseo Del Norte / Cannon Road
1 Westbound Palomar Airport Road / Avenida Encinas
3 Eastbound Palomar Airport Road / Avenida Encinas
2 Westbound Poinsettia Lane / Paseo Del Norte
3 Eastbound Poinsettia Lane / Paseo Del Norte
Eastern Carlsbad
No. of cameras Direction Location
2 Westbound La Costa Avenue / El Camino Real
3 Southbound El Camino Real / Calle Barcelona
1 Southbound Rancho Santa Fe Road / Olivenhain Road
3 Northbound Rancho Santa Fe Road / San Elijo Road
2 Eastbound San Elijo Road / Rancho Santa Fe
3 Southbound Melrose Drive / Alga Road
3 Northbound Melrose Drive / Palomar Airport Road
2 Eastbound Whiptail Lane / Faraday Avenue
2 Westbound Armagosa Drive / Olivenhain Road
2 Part I crimes, as defined by the Federal Bureau of Investigation, include homicides, rapes, robberies, aggravated
assaults, burglaries, motor vehicle thefts and larcenies.
May 10, 2022 Item #10 Page 8 of 128
Exhibit 2 is a map of the proposed additional license plate reader locations. Exhibit 3 is a map of
the existing license plate reader camera locations in Carlsbad.
The cost to expand the program is $370,134, in addition to the cost of replacing the existing
license plate reader cameras, which includes 43 additional fixed license plate cameras at 15
locations, installation of the mobile license plate reader cameras, all the hardware for the
installation, the software hosting fees, and warranty for five years.
The total cost to renew the existing program and add the additional 43 cameras, excluding
installation of the fixed cameras, would be $1,469,374. The installation of fixed cameras is
anticipated to cost approximately $200,000. There is also an additional cost for new Verizon
cellular air-cards, which are required to interconnect the cameras at the new locations. The
yearly amount for this is $10,078, which includes 21 air-cards at a monthly cost of $39.99 per
card.
Pros
• An additional 43 cameras will be installed at 15 strategically chosen locations in
the city
• All existing license plate reader cameras (85 fixed and 24 mobile) will be replaced
with the updated hardware
• The Police Department will be able to continue to use the program
Cons
• Same as Option 1
Recommendation
Staff recommend Option 2, replacing the existing license plate reader cameras and adding 43
additional cameras. The system has proven to be an effective tool in helping to solve crimes
and the department has policies and safeguards in place to ensure it is used properly.
Fiscal Analysis
The Police Department is requesting funding from the city’s General Fund unassigned reserve
fund balance in order to continue and/or expand the license plate reader program. The
unassigned General Fund reserve balance was calculated at $89.5 million as of June 30, 2021.
The total cost of Option 1 is approximately $1,249,240 which includes the cost of acquiring,
programming, aiming, and installing 85 fixed cameras and 24 mobile cameras. This amount
includes funding of up to just under $200,000 for the installation of the fixed cameras. The
installation of the fixed cameras is estimated to be $150,000 but staff are requesting approval
of funding of up to just under $200,000, in case bids come in higher than estimated.
The total cost of Option 2 is approximately $1,469,373, which includes the cost of acquiring,
programming and aiming 85 fixed cameras, 24 mobile cameras, and 43 new cameras, and
installing the mobile cameras. The annual cost for the cellular connectivity is $10,078. This does
not include the cost of installation for the fixed cameras, which is expected to be approximately
$200,000. Staff will present a contract for that work and the related request for funding to the
City Council at a later date.
May 10, 2022 Item #10 Page 9 of 128
Next Steps
If the City Council approves the replacement and/or expansion of the license plate readers,
staff will execute a contract to purchase the hardware components and an enterprise service
agreement for the support of the program directly with Vigilant.
The Deputy City Manager of Administrative Services will appropriate $1,099,240 to the Police
Department’s operating budget for the contracts with Vigilant and up to $200,000 for the
installation of the fixed license plate readers if Option 1 is selected, or $1,469,374 if Option 2 is
selected.
Upon the City Council’s approval, the City Clerk will advertise a request for bids for the
installation of fixed license plate reader cameras. Bid packages that are received will be
evaluated, and the lowest responsive and responsible bidder will be identified by staff.
The resolution for Option 1 includes funding for the contract to install the fixed cameras, the
cost of which is expected to be within the City Manager’s authority to award.
If Option 2 is selected, staff will then return to the City Council with a recommendation to
award a construction contract to the identified bidder and request funding for the installation,
which is expected to be in summer 2022. The contract provides for three months to complete
the installations.
Environmental Evaluation
This action does not constitute a project Under Public Resources Code Section 21065 of the
California Environmental Quality Act in that it has no potential to cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council resolution - Replacing the license plate readers
2. City Council resolution - Replacing the license plate readers and expanding the program
3. Map of existing license plate reader sites
4. Map of proposed additional license plate reader sites
5. Carlsbad Police Department Policy 462
6. Plans, specifications and contract documents for Option 2
7. Bid exemption memo
May 10, 2022 Item #10 Page 10 of 128
Exhibit 1
RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AND APPROPRIATING FUNDING FOR AN
AGREEMENT WITH VIGILANT SOLUTIONS FOR THE REPLACEMENT OF
EXISTING LICENSE PLATE READERS IN AN AMOUNT NOT TO EXCEED
$1,099,240 AND APPROPRIATING UP TO $200,000 FOR INSTALLATION
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the
best interest of the city to replace the Police Department’s existing license plate readers; and
WHEREAS, the City of Carlsbad currently has 85 fixed license plate reader cameras at various
intersections in the city and 24 mobile license plate reader cameras affixed to six marked patrol
vehicles; and
WHEREAS, the current license plate reader equipment has reached the end of its life expectancy
of five years, its warranty is expiring, and the equipment needs to be replaced; and
WHEREAS, the new quote for $1,099,240 includes the renewal of the five-year warranty and
hosting fees for the 51 fixed cameras and 24 mobile cameras, installation of the 24 mobile cameras,
and renewal of the warranty and hosting fees for the 34 fixed cameras at a prorated discount, since
there is one year remaining on the existing contract for those cameras. Upon execution of the new
contract, all 85 cameras will be on the same five-year warranty and software hosting plan; and
WHEREAS, the cost of the contract and purchase does not include installation of the fixed
license plate reader cameras and the Police Department will be returning to City Council at a later date
to request funding after a bid has been awarded; and
WHEREAS, the funding for the agreement and purchase in the amount of $1,099,240 is being
requested from the city’s General Fund unassigned reserve fund balance; and
WHEREAS, the Carlsbad Municipal Code, or CMC, allows for the awarding authority, in this case
the City Council, to exempt certain purchases of goods and services from the procurement provisions
of CMC Chapter 3.28; and
WHEREAS, CMC Section 3.28.110(C) allows for an exemption from procurement requirements
if items are required to be matching or compatible with other goods purchased by the city, and CMC
Section 3.28.110 (N) allows for an exemption if it is in the best interest of the city; and
WHEREAS, the city’s Purchasing Officer supports requesting an exemption from the
procurement requirements of Chapter 3.28 of the CMC pursuant to CMC 3.28.110(C) and 3.28.110(N).
May 10, 2022 Item #10 Page 11 of 128
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 City Manager is hereby authorized to execute the agreement with Vigilant
Solutions for the replacement of existing license plate reader cameras (Attachment A)
and the enterprise service agreement (Attachment B) in an amount not to exceed
$1,099,240.
3. That these agreements are exempted from the procurement provisions of Carlsbad
Municipal Code Chapter 3.28, pursuant to Section 3.28.110, subsections (C) and (N).
4. That the Deputy City Manager, Administrative Services, is authorized to appropriate
$1,099,240 for the agreements with Vigilant Solutions and up to $200,000, as needed,
for installation of the fixed license plate readers to the Police Department operating
budget from the General Fund unassigned fund balance.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
_____________________________________
MATT HALL, Mayor
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
May 10, 2022 Item #10 Page 12 of 128
Quote for:
Carlsbad Police Department
Attn:
Cindy Anderson
Reference:
LPR Project 5 Years (Discount) - Renewal
Quote By:
Daniel Ramsden
Date:
04-17-22
May 10, 2022 Item #10 Page 13 of 128
Attachment A
'/ VIGIi I\NT V SOLUT I ONS
'/ VIGIi I\NT V SOLUTIONS
Page 1 of 3
Vigilant Solutions, LLC
1152 Stealth Street
Livermore, California 94551
(P) 925-398-2079 (F) 925-398-2113
Issued To: Carlsbad Police Department - Attention: Cindy Anderson Date: 04-17-22
Project Name: LPR Project 5 Years (Discount) - Renewal Quote ID: DAR-1490-11
PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:
Qty Item # Description
(5) VS-IDP-02 Investigative Data Platform - Annual Subscription for 101 to 200 Sworn - State
and Local
● Commercial LPR Data access - For 101 to 200 Sworn
o Access to all Vigilant commercially acquired national vehicle location data
o Unlimited use by authorized agency personnel to complete suite of LEARN data
analytics
o Includes full use of hosted/managed LPR server account via LEARN
● FaceSearch with Vigilant Image Gallery Access For 101 to 200 Sworn
o Access to all agency/shared images and Vigilant Image Gallery
o Unlimited use by authorized agency personnel to all FaceSearch tools
o Image gallery of up to 20,000 images
(85) VSF-025-L5F L5F Fixed LPR Camera with Sun Shield - 25mm Lens with Camera Cable
● Dual-lens camera with infrared LEDs for plate illumination
● 55ft - 85ft capture distance and up to 2 lane coverage
● Internal trigger for capture of plate alphanumerics, vehicle make and model
● Camera housing with included sunshield is IP67 rated for reliable use in varied weather
conditions
● 60' camera cable included
● Includes CarDetector LPR software for local server hosting
● LPR vehicle license plate scanning / real time alerting
o Full suite of LPR tools including data analytics
(40) BCAV1F2-C600 Vigilant Fixed Camera Communications Box
● Manages power and communications for up to four (4) Vigilant fixed LPR cameras
● Includes modem for communication with cellular carriers
o SIM Card not included
(85) VS-FX-UNI-POLE-
WALL-BRKT_REV_B
Fixed LPR Camera Bracket
● Pole or Wall Mount - UPR ARM ASSY POLE & WALL MOUNT BLK REV B
● UPR ARM ASSY POLE & WALL MOUNT BLK
(6) Mobile LPR SYS-1
CDM-4-2234L5M
Mobile LPR 4-Camera L5M High-Definition System
Hardware:
● Qty=2 8mm lens package May 10, 2022 Item #10 Page 14 of 128
V '(~qi~¼~T G MOTOROLA SOL UTIONS
Page 2 of 3
● Qty=1 12mm lens package
● Qty=1 16mm lens package
● VLP-5200 Processing Unit
● Wiring harness w/ ignition control (Direct to Battery)
o Single point power connection
● Field installed GPS antenna
Software:
● CarDetector Mobile LPR software application for MDC unit
o LPR vehicle license plate scanning / real time alerting
o Full suite of LPR tools including video tool set
(6) VS-LBB-02-E LPR Camera Mounting Brackets - Light Bar Mounting Style - Complete Set
● LPR Camera Mounting Bracket - Rooftop under light bar
● Compatible with most Whelen, Code3, TOMAR, Federal Signal, Arjent S2 Light Bars
● Mounts up to four (4) LPR cameras
(5) VSBSCSVC-04 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments
● Managed/hosted server account services by Vigilant
o Includes access to all LEARN or Client Portal and CarDetector software updates
● Priced per camera per year for over 60 total camera units
● Requires new/existing Enterprise Service Agreement (ESA)
(85) CDFS-4HWW Fixed Camera LPR System - Extended Hardware Warranty - Year 2 through 5
● Fixed LPR System LPR hardware component replacement warranty
● Applies to 1-Channel hardware system kit
● Valid for 4 years from standard warranty expiration
(6) CDMS44HWW 4-Camera Mobile LPR System - Extended Hardware Warranty - Years 2 through 5
● Full mobile LPR hardware component replacement warranty
● Applies to 4-Camera hardware system kit
● Valid for 4 years from standard warranty expiration
(91) SSU-SYS-COM Vigilant System Start Up & Commissioning of 'In Field' LPR system
● Vigilant technician to visit customer site
● Includes system start up, configuration and commissioning of LPR system
● Includes CDM/CDF Training
● Applies to mobile (1 System) and fixed (1 Camera) LPR systems
(1) VS-TRVL-01 Vigilant Travel via Client Site Visit
● Vigilant certified technician to visit client site
● Includes all travel costs for onsite support services
(85) VS-SHP-02 Vigilant Shipping Charges - Fixed or Comms
● Applies to each fixed camera LPR System
● Or Communication Box Purchased without LPR System
● Shipping Method is FOB Shipping
(6) VS-SHP-01 Vigilant Shipping Charges - Mobile
● Applies to each Mobile LPR System May 10, 2022 Item #10 Page 15 of 128
Page 3 of 3
●Shipping Method is FOB Shipping
(1)Mobile Install Deinstallation and installation of mobile cameras on 6 units.
(1)Sales Tax 7.75% sales tax on hardware.
Subtotal Price $1,099,239.97
Quote Notes:
1.All prices are quoted in USD and will remain firm and in effect for 60 days.
2.Returns or exchanges will incur a 15% restocking fee.
3.Orders requiring immediate shipment may be subject to a 15% QuickShip
fee.
4.Includes 5 years of hosting and warranty.
5.Includes sales tax on hardware.
6.Does not include deinstallation / installation of fixed cameras.
7.Includes deinstallation and installation of cameras on 6 mobile units. Paid at
prevailing wages.
8.Includes 5 years of Commercial Data access.
Quoted by: Daniel Ramsden - 217-494-0758 - daniel.ramsden@vigilantsolutions.com
Total Price $1,099,239.97
May 10, 2022 Item #10 Page 16 of 128
I
RESOLUTION NO. 2022-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AND APPROPRIATING FUNDING FOR AN
AGREEMENT WITH VIGILANT SOLUTIONS FOR THE REPLACEMENT OF
EXISTING LICENSE PLATE READERS AND EXPANSION OF THE LICENSE PLATE
READER PROGRAM IN AN AMOUNT NOT TO EXCEED $1,469,374
Exhibit 2
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the
best interest of the city to replace the Police Department's existing license plate readers and expand
the license plate reader program by purchasing an additional 43 fixed cameras; and
WHEREAS, the City of Carlsbad currently has 85 fixed license plate reader cameras at various
intersections in the city and 24 mobile license plate reader cameras affixed to six marked patrol
vehicles; and
WHEREAS, the current license plate reader equipment has reached the end of its life expectancy
of five years, its warranty is expiring, and the equipment needs to be replaced; and
WHEREAS, the new quote for $1,469,374 includes the renewal of the five-year warranty and
hosting fees for the 51 fixed cameras and 24 mobile cameras, installation of the 24 mobile cameras,
renewal of the warranty and hosting fees for the 34 fixed cameras at a prorated discount, since there
is one year remaining on the existing contract for those cameras, and an additional 43 license plate
reader cameras, including warranty and hardware. Upon execution of the new contract, all 128
cameras will be on the same five-year warranty and software hosting plan; and
WHEREAS, the cost of the contract and purchase does not include installation of the fixed
license plate reader cameras, and the Police Department will be returning to City Council at a later date
to request funding after a bid has been awarded; and
WHEREAS, the cost to install 128 fixed license plate reader cameras is estimated to be $200,000
and City Council's approval is needed for the plans and specification for the installation of the fixed
cameras under Municipal Code Section 3.28.080(E); and
WHEREAS, there is an additional cost for new Verizon cellular air-cards, which are required to
interconnect the cameras at the new locations. The yearly amount for this is $10,078, which includes
21 air-cards at a monthly cost of $39.99 per card; and
WHEREAS, the funding for the agreement and purchase in the amount of $1,469,374 is being
requested from the city's General Fund unassigned reserve fund balance; and
WHEREAS, the Carlsbad Municipal Code, or CMC, allows for the awarding authority, in this case
the City Council, to exempt certain purchases of goods and services from the procurement provisions
of CMC Chapter 3.28; and
WHEREAS, CMC Section 3.28.llO(C) allows for an exemption from the procurement
requirements if items are required to be matching or compatible with other goods purchased by the
city, and CMC Section 3.28.110 (N) allows for an exemption if it is in the best interest of the city; and
WHEREAS, the city's Purchasing Officer supports requesting an exemption from the
procurement requirements of Chapter 3.28 ofthe CMC pursuant to CMC 3.28.ll0(C) and 3.28.ll0(N).
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 City Manager is hereby authorized to execute the agreement with Vigilant
Solutions for the replacement of existing license plate reader cameras and expansion of
the license plate reader program (Attachment A) and the enterprise service agreement
(Attachment B) in an amount not to exceed $1,469,374.
3. That these agreements are exempted from the procurement provisions of Carlsbad
Municipal Code Chapter 3.28, pursuant to Section 3.28.110, subsections (C) and (N).
4. That the Deputy City Manager, Administrative Services, is authorized to appropriate
$1,469,374 to the Police Department operating budget from the General Fund
unassigned fund balance.
5. That City Council authorizes the City Clerk's Office to publicly advertise the bid for the
installation of the 128 fixed license plate readers.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of May, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Norby.
None.
Acosta.
MATT HALL, Mayor
~ FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Quote for:
Carlsbad Police Department
Attn:
Cindy Anderson
Reference:
LPR Project, 5 Years (Discount)
Quote By:
Daniel Ramsden
Date:
04-17-22
May 10, 2022 Item #10 Page 20 of 128
Attachment A
'/ VIGIi I\NT V SOLUT I ONS
'/ VIGIi I\NT V SOLUTIONS
Page 1 of 3
Vigilant Solutions, LLC
1152 Stealth Street
Livermore, California 94551
(P) 925-398-2079 (F) 925-398-2113
Issued To: Carlsbad Police Department - Attention: Cindy Anderson Date: 04-17-22
Project Name: LPR Project, 5 Years (Discount) Quote ID: DAR-1490-13
PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:
Qty Item # Description
(5) VS-IDP-02 Investigative Data Platform - Annual Subscription for 101 to 200 Sworn - State
and Local
● Commercial LPR Data access - For 101 to 200 Sworn
o Access to all Vigilant commercially acquired national vehicle location data
o Unlimited use by authorized agency personnel to complete suite of LEARN data
analytics
o Includes full use of hosted/managed LPR server account via LEARN
● FaceSearch with Vigilant Image Gallery Access For 101 to 200 Sworn
o Access to all agency/shared images and Vigilant Image Gallery
o Unlimited use by authorized agency personnel to all FaceSearch tools
o Image gallery of up to 20,000 images
(128) VSF-025-L5F L5F Fixed LPR Camera with Sun Shield - 25mm Lens with Camera Cable
● Dual-lens camera with infrared LEDs for plate illumination
● 55ft - 85ft capture distance and up to 2 lane coverage
● Internal trigger for capture of plate alphanumerics, vehicle make and model
● Camera housing with included sunshield is IP67 rated for reliable use in varied weather
conditions
● 60' camera cable included
● Includes CarDetector LPR software for local server hosting
● LPR vehicle license plate scanning / real time alerting
o Full suite of LPR tools including data analytics
(61) BCAV1F2-C600 Vigilant Fixed Camera Communications Box
● Manages power and communications for up to four (4) Vigilant fixed LPR cameras
● Includes modem for communication with cellular carriers
o SIM Card not included
(128) VS-FX-UNI-POLE-
WALL-BRKT_REV_B
Fixed LPR Camera Bracket
● Pole or Wall Mount - UPR ARM ASSY POLE & WALL MOUNT BLK REV B
● UPR ARM ASSY POLE & WALL MOUNT BLK
(6) Mobile LPR SYS-1
CDM-4-2234L5M
Mobile LPR 4-Camera L5M High-Definition System
Hardware:
● Qty=2 8mm lens package May 10, 2022 Item #10 Page 21 of 128
V '(~qi~¼~T G MOTOROLA SOL UTIONS
Page 2 of 3
●Qty=1 12mm lens package
●Qty=1 16mm lens package
●VLP-5200 Processing Unit
●Wiring harness w/ ignition control (Direct to Battery)
o Single point power connection
●Field installed GPS antenna
Software:
●CarDetector Mobile LPR software application for MDC unit
o LPR vehicle license plate scanning / real time alerting
o Full suite of LPR tools including video tool set
(6)VS-LBB-02-E LPR Camera Mounting Brackets - Light Bar Mounting Style - Complete Set
●LPR Camera Mounting Bracket - Rooftop under light bar
●Compatible with most Whelen, Code3, TOMAR, Federal Signal, Arjent S2 Light Bars
●Mounts up to four (4) LPR cameras
(5)VSBSCSVC-04 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments
●Managed/hosted server account services by Vigilant
o Includes access to all LEARN or Client Portal and CarDetector software updates
●Priced per camera per year for over 60 total camera units
●Requires new/existing Enterprise Service Agreement (ESA)
(128)CDFS-4HWW Fixed Camera LPR System - Extended Hardware Warranty - Year 2 through 5
●Fixed LPR System LPR hardware component replacement warranty
●Applies to 1-Channel hardware system kit
●Valid for 4 years from standard warranty expiration
(6)CDMS44HWW 4-Camera Mobile LPR System - Extended Hardware Warranty - Years 2 through 5
●Full mobile LPR hardware component replacement warranty
●Applies to 4-Camera hardware system kit
●Valid for 4 years from standard warranty expiration
(134)SSU-SYS-COM Vigilant System Start Up & Commissioning of 'In Field' LPR system
●Vigilant technician to visit customer site
●Includes system start up, configuration and commissioning of LPR system
●Includes CDM/CDF Training
●Applies to mobile (1 System) and fixed (1 Camera) LPR systems
(1)VS-TRVL-01 Vigilant Travel via Client Site Visit
●Vigilant certified technician to visit client site
●Includes all travel costs for onsite support services
(128)VS-SHP-02 Vigilant Shipping Charges - Fixed or Comms
●Applies to each fixed camera LPR System
●Or Communication Box Purchased without LPR System
●Shipping Method is FOB Shipping
(6)VS-SHP-01 Vigilant Shipping Charges - Mobile
●Applies to each Mobile LPR SystemMay 10, 2022 Item #10 Page 22 of 128
DocuSign Envelope ID: 13F03EBA-B15A-4514-A32A-5F343C8A8AF1
• Shipping Method is FOB Shipping
(1) Mobile Install Deinstallation and installation of mobile cameras on 6 units.
(1) Sales Tax 7.75% sales tax on hardware.
Subtotal Price I $1,469,373.67
Quote Notes:
1. All prices are quoted in USO and will remain firm and in effect for 60 days.
2. Returns or exchanges will incur a 15% restocking fee.
3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee.
4. Includes 5 years of hosting and warranty.
5. Includes sales tax on hardware.
6. Does not include deinstallation / installation of fixed cameras.
7. Includes deinstallation and installation of cameras on 6 mobile units. Paid at prevailing wages.
8. Includes 5 years of Commercial Data.
Quoted by: Daniel Ramsden -217-494-0758 -daniel.ramsden@vigilantsolutions.com
I Total Price $1,469,373.67
Elizabeth Heintzman Authorized Agent: ________________________ _
Title: MSSSI VP SA l ES
Signature: f4'7.wJ4, (tuLJ-'J~i\!,\, Date: -----------
5/12/2022
Affiliate Org
APPROVED AS TO FORM ATTEST:
CELIA A BREWER, City Attorney -/4'( Faviola Medina
City Clerk Services Manager
Page 3 of3
DocuSign Envelope ID: EAD5FCF4-2235-43B3-A279-F7C557EC8F2E
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Enterprise Service Agreement (ESA)
This Vigilant Solutions Enterprise Service Agreement (the "Agreement") is made and entered into as of
this 10th Day of May , 2022by and between Vigilant Solutions, LLC, a Delaware corporation, having its
principal place of business at 1152 Stealth Street, Livermore, CA 94551 ("Vigilant") and
Carlsbad Police Department . a law enforcement agency (LEA) or other governmental agency,
having its principal place of business
at City of Carlsbad ("Affilliate").
WHEREAS, Vigilant designs, develops, licenses and services advanced video analysis software technologies for
the law enforcement and security markets;
WHEREAS, Vigilant provides access to license plate data as a value-added component of the Vigilant law
enforcement package of license plate recognition equipment and software;
WHEREAS, Vigilant and Affiliate entered into an Enterprise Service Agreement dated April 19, 2017, with a
five (5) year Initial Term, to license and receive service from Vigilant's software products, the cost of which was
included in Affiliate's purchase offifty-one (51) fixed and six (6) mobile license plate readers;
WHEREAS, Vigilant and Affiliate entered into an Enterprise Service Agreement dated November 19, 2018,
with a five (5) year Initial Term, to license and receive service from Vigilant's software products, the cost of which was
included in Affiliate's purchase of thirty-four (34) fixed license plate readers;
WHEREAS, Affiliate will separately purchase License Plate Recognition (LPR) hardware components from
Vigilant and/or its authorized reseller for use with the Software Products (as defined below) to replace the
existing eighty-five (85) fixed and six (6) mobile license plate readers, the cost of which includes a discount ~
indicated in the quote) to reflect the remaining term of the Enterprise Service Agreement dated November 19, 2018;
WHEREAS, Affiliate desires to license from and receive service for the Software Products provided by Vigilant;
THEREFORE, In consideration of the mutual covenants contained herein this Agreement, Affiliate and Vigilant
hereby agree as follows:
I. Definitions:
"Booking Images" refers to both LEA Booking Images and Commercial Booking Images.
"CJIS Security Policy" means the FBI OIS Security Policy document as published by the FBI OIS Information Security
Officer.
"CLK" or "Camera License Key" means an electronic key that will permit each license of Vigilant's CarDetector brand
LPR software or FaceAlert brand facial recognition software (one CLK per camera) to be used with other Vigilant
approved and licensed LPR hardware components (i.e., cameras and other hardware components provided by
Vigilant or provided by a Vigilant certified reselling partner that has authority from Vigilant to deliver such Vigilant-
Vigilant olutions Enterprise License Agreement ver. 2 10 Page I of 17
V. Initials
Affiliate Initials
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authorized components) and Software Products. CLKs shall be not issuable and if issued in error shall be removed
and immediately rendered null and void for cameras and other hardware components that are not Vigilant-
authorized cameras and other hardware components or are delivered to Affiliate by another vendor that is not a
Vigilant certified reselling partner.
"Commercial Booking Images" refers to images collected by commercial sources and available on LEARN with a paid
subscription.
"Commercial LPR Data" refers to LPR data collected by private sources and available on LEARN with a paid
subscription.
"Criminal Justice Information Services Division" or "CJIS" means the FBI division responsible for the collection,
warehousing, and timely dissemination of relevant 01 to the FBI and to qualified law enforcement, criminal justice,
civilian, academic, employment, and licensing agencies.
"Effective Date" means sixty (60) days subsequent to the date set forth in the first paragraph of this Agreement.
"Enterprise License" means a non-exclusive, non-transferable license to install and operate the Software Products,
on
applicable media provided by Vigilant or Vigilant's certified reselling partners. This Enterprise Service Agreement
allows Affiliate to install the Software Products on such devices, in accordance with the selected Service Package(s),
and allow benefits of all rights granted hereunder this Agreement.
"LEA Booking Images" refers to images collected by LEAs and available on the Software Service for use by other LEAs.
LEA Booking Images are freely available to LEAs at no cost and are governed by the contributing LEA's policies.
"LEA LPR Data" refers to LPR data collected by LEAs and available on LEARN for use by other LEAs . LEA LPR Data is
freely available to LEAs at no cost and is governed by the contributing LEA's retention policy.
"Service Fee" means the amount due from Affiliate prior to the renewal of this Agreement as consideration for the
continued use of the Software Products and Service Package benefits according to Section VIII of this Agreement.
"Service Package" means the Affiliate designated service option(s) which defines the extent of use of the Software
Products, in conjunction with any service and/or benefits therein granted as rights hereunder this Agreement.
"Service Period" has the meaning set forth in Section Ill (A) of this Agreement.
"Software Products" means Vigilant's Law Enforcement & Security suite of Software Products including CarDetector,
Law Enforcement Archival & Reporting Network (LEARN), PlateSearch, Mobile Companion for Smartphones, Target
Alert Service (TAS) server/client alerting package, FaceSearch, FaceAlert, and other software applications considered
by Vig ilant to be applicable for the benefit of law enforcement and security practices. Software Products shall only
be permitted to function on approved Vigilant cameras and other hardware components provided by Vigilant or
through Vigilant certified reselling partners. Software Products shall not be permitted to operate on third-party
Vigilant Solutions Enterprise License Agreement ver. 2 10 Page 2 of 17
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provided or not Vigilant-authorized hardware components, and if found to be operating on third-party provided
hardware components Software Products shall be promptly removed by Affiliate.
''Technical Support Agents" means Affiliate's staff person specified in the Contact Information Worksheet of this
Agreement responsible for administering the Software Products and acting as Affiliate's Software Products support
contact.
"User License" means a non-exclusive, non-transferable license to install and operate the Software Products, on
applicable media, limited to a single licensee.
"Users" refers to individuals who are agents and/or sworn officers of the Affiliate and who are authorized by the
Affiliate to access LEARN on behalf of Affiliate through login credentials provided by Affiliate.
II. Enterprise License Grant; Duplication and Distribution Rights:
Subject to the terms and conditions of th is Agreement, Vigilant hereby grants Affiliate an Enterprise License to the
Software Products for the Term provided in Section Ill below. Except as expressly permitted by this Agreement,
Affiliate or any third party acting on behalf of Affiliate shall not copy, modify, distribute, loan, lease, resell, sublicense
or otherwise transfer any right in the Software Products. Except as expressly permitted by this Agreement, no other
rights are granted by implication, estoppels or otherwise. Affiliate shall not eliminate, bypass, or in any way alter the
copyright screen (also known as the "splash" screen) that may appear when Software Products are first started on
any computer. Any use or redistribution of Software Products in a manner not explicitly stated in this Agreement, or
not agreed to in writing by Vigilant, is strictly prohibited.
Ill. Term; Termination.
A. Term. The initial term of this Agreement is for five (5) years beginning on the Effective Date (the
"Initial Term"), unless earlier terminated as provided herein. Sixty (60) days prior to the expiration of the Initial Term
and each subsequent Service Period, Vigilant will provide Affiliate with an invoice for the Service Fee due for the
subsequent twelve (12) month period (each such period, a "Service Period"). This Agreement and the Enterprise
License granted under this Agreement will be extended for a Service Period upon Affiliate's payment of that Service
Period's Service Fee, which is due 30 days prior to the expiration of the Initial Term or the existing Service Period, as
the case may be. Pursuant to Section XIII below, Affiliate may also pay in advance for more than one Service Period.
B. Affiliate Termination. Affiliate may terminate this Agreement at any time by notifying Vigilant of the
termination in writing thirty (30) days prior to the termination date and deleting all copies of the Software Products.
If Affiliate terminates this Agreement prior to the end of the Initial Term, Vigilant will not refund or prorate any
license fees, nor will it reduce or waive any license fees still owed to Vigilant by Affiliate. Upon termination of the
Enterprise License, Affiliate shall immediately cease any further use of Software Products. Affiliate may also
terminate this agreement by not paying an invoice for a subsequent year's Service Fee within sixty (60) days of
invoice issue date.
Vigilant Solutions Enterprise License Agreement ver. 2.10 Page 3 of 17
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C. Vigilant Termination. Vigilant has the right to terminate this Agreement by providing thirty {30) days
written notice to Affiliate. If Vigilant's termination notice is based on an alleged breach by Affiliate, then Affiliate shall
have thirty (30) days from the date of its receipt of Vigilant's notice of termination, which shall set forth in detail
Affiliate's purported breach of this Agreement, to cure the alleged breach. If within thirty (30) days of written notice
of violation from Vigilant Affiliate has not reasonably cured the described breach of this Agreement, Affiliate shall
immediately discontinue all use of Software Products and certify to Vigilant that it has returned or destroyed all
copies of Software Products in its possession or control. If Vigilant terminates this Agreement prior to the end of a
Service Period for breach, no refund for any unused Service Fees will be provided. If Vigilant terminates this
Agreement prior to the end of a Service Period for no reason, and not based on Affiliate's failure to cure the breach
of a material term or condition of this Agreement, Vigilant shall refund to Affiliate an amount calculated by
multiplying the total amount of Service Fees paid by Affiliate for the then-current Service Period by the percentage
resulting from dividing the number of days remaining in the then-current Service Period, by 365.
IV. Warranty and Disclaimer; Infringement Protection; Use of Software Products Interface.
A. Warranty and Disclaimer. Vigilant warrants that the Software Products will be free from all
Significant Defects (as defined below) during the term of this Agreement (the "Warranty Period"). "Significant
Defect" means a defect in a Software Product that impedes the primary function of the Software Product. This
warranty does not include products not manufactured by Vigilant. Vigilant will repair or replace any Software Product
with a Significant Defect during the Warranty Period; provided, however, if Vigilant cannot substantially correct a
Significant Defect in a commercially reasonable manner, Affiliate may terminate this Agreement and Vigilant shall
refund to Affiliate an amount calculated by multiplying the total amount of Service Fees paid by Affiliate for the then-
current Service Period by the percentage resulting from dividing the number of days remaining in the then-current
Service Period, by 365. The foregoing remedies are Affiliate's exclusive remedy for defects in the Software Product.
Vigilant shall not be responsible for labor charges for removal or reinstallation of defective software, charges for
transportation, shipping or handling loss, unless such charges are due to Vigilant's gross negligence or intentional
misconduct. Vigilant disclaims all warranties, expressed or implied, including but not lil'T')ited to implied warranties of
merchantability and fitness for a particular purpose. In no event shall Vigilant be liable for any damages whatsoever
arising out of the use of, or inability to use, the Software Products.
B. Infringement Protection. If an infringement claim is made against Affiliate by a third-party in a court
of competent jurisdiction regarding Affiliate's use of any of the Software Products, Vigilant shall indemnify Affiliate,
and assume all legal responsibility and costs to contest any such claim . If Affiliate's use of any portion of the Software
Products or documentation provided to Affiliate by Vigilant in connection with the Software Products is enjoined by a
court of competent jurisdiction, Vigilant shall do one of the following at its option and expense within sixty (60) days
of such enjoinment: (1) Procure for Affiliate the right to use such infringing portion; (2) replace such infringing portion
with a non-infringing portion providing equivalent functionality; or (3) modify the infringing portion so as to eliminate
the infringement while providing equivalent functionality.
C. Use of Software Products Interface. Under certain circumstances, it may be dangerous to operate a
moving vehicle while attempting to operate a touch screen or laptop screen and any of their applications. It is agreed
by Affiliate that Affiliate's users will be instructed to only utilize the interface to the Software Products at times when
Vigilant Soll!1ions Enterprise License Agreement ver. 2.1 0 Page 4 of 17
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it is safe to do so. Vigilant is not liable for any accident caused by a result of distraction such as from viewing the
screen while operating a moving vehicle.
V. Software Support, Warranty and Maintenance.
Affiliate will receive technical support by submitting a support ticket to Vigilant's company support website or by
sending an email to Vigilant's support team. Updates, patches and bug fixes of the Software Products will be made
available to Affiliate at no additional charge, although charges may be assessed if the Software Product is requested
to be delivered on physical media. Vigilant will provide Software Products support to Affiliate's Technical Support
Agents through e-mail, fax and telephone.
VI. Camera License Keys (CLKs).
Affiliate is entitled to use of the Software Products during the term of this Agreement to set up and install the
Software Products on an unlimited number of media centers within Affiliate's agency in accordance with selected
Service Options. As Affiliate installs additional units of the Software Products and connects them to LPR cameras,
Affiliate is required to obtain a Camera License Key (CLK) for each camera installed and considered in active service.
A CLK can be obtained by Affiliate by going to Vigilant's company support website and completing the on line request
form to Vigilant technical support staff. Within two (2) business days of Affiliate's application for a CLK, Affiliate's
Technical Support Agent will receive the requested CLK that is set to expire on the last day of the Initial Term or the
then-current Service Period, as the case may be.
VII. Ownership of Software.
A. Ownership of Software Products. The Software Products are copyrighted by Vigilant and remain the
property of Vigilant. The license granted under this Agreement is not a sale of the Software Products or any copy.
Affiliate owns the physical media on which the Software Products are installed, but Vigilant retains title and
ownership of the Software Products and all other materials included as part of the Software Products.
B. Rights in Software Products. Vigilant represents and warrants that: (1) it has title to the Software and
the authority to grant license to use the Software Products; (2) it has the corporate power and authority and the legal
right to grant the licenses contemplated by this Agreement; and (3) it has not and will not enter into agreements and
will not take or fail to take action that causes its legal right or ability to grant such licenses to be restricted.
VIII. Data Sharing, Access and Security.
If Affiliate is a generator as well as a consumer of LPR Data and or LEA Booking Images, Affiliate at its option may
share its LEA LPR Data and or LEA Booking Images with similarly situated LEAs who contract with Vigilant to access
LEARN (for example, LEAs who share LEA LPR Data with other LEAs). Vigilant will not share any LEA LPR Data or LEA
Booking Images generated by the Affiliate without the permission of the Affiliate.
Vigilant has implemented procedures to allow for adherence to the FBI OIS Security Policy. The hosting facility
utilizes access control technologies that meet or exceed ms requirements. In addition, Vigilant has installed and
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configured network intrusion prevention appliances, as well as ensured that the configuration of the Microsoft
environment adhere to the Windows Server Security Guide.
IX. Ownership and use of Data.
Vigilant retains all title and rights to Commercial LPR Data and all Commercial Booking Images. Users shall not utilize
Commercial LPR Data or Commercial Booking Images on the behalf of other local, state or Federal LEAs. Affiliate
retains all rights to LEA LPR Data and LEA Booking Images generated by the Affiliate. Should Affiliate terminate
agreement with Vigilant, a copy of all LEA LPR Data and LEA Booking Images generated by the Affiliate will be created
and provided to the Affiliate. After the copy is created, all LEA LPR Data and LEA Booking Images generated by the
Affiliate will be deleted from LEARN at the written request of an authorized representative of the Affiliate or per the
Affiliate's designated retention policy, whichever occurs first. Commercial LPR Data, Commercial Booking Images,
LEA LPR Data and LEA Booking Images should be used by the Affiliate for law enforcement purposes only.
X. Loss of Data, Irregularities and Recovery.
Vigilant places imperative priority on supporting and maintaining data center integrity. Using redundant disk arrays,
there is a virtual guarantee that any hard disk failure will not result in the corruption or loss of the valuable LPR data
that is essential to the LEARN system and clients.
XI. Data Retention and Redundancy.
LEA LPR Data and LEA Booking Images are governed by the contributing LEA's retention policy. LEA LPR Data that
reaches its expiration date will be deleted from LEARN. Vigilant's use of redundant power sources, fiber connectivity
and disk arrays ensure no less than 99% uptime bf the LEARN LPR database server system.
XII. Account Access.
A. Eligibility. Affiliate shall only authorize individuals who satisfy the eligibility requirements of "Users"
to access LEARN. Vigilant in its sole discretion may deny access to LEARN to any individual based on such person's
failure to satisfy such eligibility requirements. User logins are restricted to agents and sworn officers of the Affiliate.
No User logins may be provided to agents or officers of other local, state, or Federal LEAs without the express written
consent of Vigilant.
B. Security. Affiliate shall be responsible for assigning an Agency Manager who in turn will be
responsible
for assigning to each of Affiliate's Users a username and password (one per user account). A limited number of User
accounts is provided. Affiliate will cause the Users to maintain username and password credentials confidential and
will prevent use of such username and password credentials by any unauthorized person(s). Affiliate shall notify
Vigilant immediately if Affiliate believes the password of any of its Users has, or may have, been obtained or used by
any unauthorized person(s). In addition, Affiliate must notify Vigilant immediately if Affiliate becomes aware of any
other breach or attempted breach of the security of any of its Users' accounts.
C. 015 Requirements. Affiliate certifies that its LEARN users shall comply with the CJIS requirements
outlined in Exhibit 8.
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XIII. Service Package, Fees and Payment Provisions.
A. Service Package. This Enterprise License Agreement is based on one (1) of the three (3) following Service
Package Options. Please select one (1) Service Package below:
□ Service Package -Basic LPR Service Package:
• Vigilant Managed/Hosted LPR server LEARN Account
• Access to all Vigilant Software including all upgrades and updates
• Unlimited user licensing for the following applications:
o LEARN, CarDetector and TAS
D Service Package -Option # 1-Standard LPR Service Package:
□
• All Basic Service Package benefits
• Unlimited use of CarDetector -Mobile Hit Hunter (CDMS-MHH)
• Unlimited use ofVigilant's LPR Mobile Companion smartphone application
Service Package -Option# 2 -'Intelligence-Led Policing (ILP)' Service Package:
• All Service Package Option # 1 benefits
• Mobile LPR hardware up to level of Tier (see Exhibit A)
• Use of Vigilant Facial Recognition technologies up to level of Tier
• FaceSearch Account
• FaceSearch Mobile Companion
• Templates up to limit for FaceSearch Account (details in Exhibit A)
• Tiered based on size of department (Tier lA up to 50 sworn officers Tier 1 up to 100 sworn
officers, Tier 2 up to 200 sworn officers, Tier 3 up to 500 sworn officers, Tier 4 up to 1,000 sworn
officers, Tier 5 up to 1,500 sworn officers, Tier 6 up to 2,000 sworn officers)
• States, Federal Agencies, and Departments with greater than 2,000 sworn fall under a, "Custom"
Tier which will be defined in the Annual Service Fee Schedule if applicable.
B. Service Fee. Payment of each Service Fee entitles Affiliate to all rights granted under this Agreement,
including without limitation, use of the Software Products for the relevant Service Period, replacement of CLKs, and
access to the updates and releases of the Software Products and associated equipment driver software to allow the
Software Products to remain current and enable the best possible performance. The annual Service Fee due for a
particular Service Period is based on the number of current Vigilant issued CLK's at the time of Service Fee invoicing,
and which will be used by Affiliate in the upcoming Service Period. A schedule of annual Service Fees is shown below:
Annual Service Fee Schedule (multiplied by number of CLK's Issued)
Total# of CLK's under this ESA 0-14 CLK's 15-30 CLK's 31-60 CLK's Over 60
Basic Service $525.00 $450.00 $400.00 $275.00
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Standard (Option# 1) $750.00 $640.00 $565 .00 $390.00
ILP Subscriber CLK Renewal Fees $525 .00 $450.00 $400.00 $275.00
Intelligence-Led Policing Service Package Annual Fee Schedule
Tier Mobile Fixed
ILP Tier 18 (Option #2) $ 11,750.00 $ 22,250.00
ILP Tier lA (Option #2) $ 15,250.00 $ 25,750.00
ILP Tier 1 (Option #2) $ 18,750.00 $ 29,250.00
ILP Tier 2 (Option #2) $ 34,250.00 $ 55,250.00
ILP Tier 3 (Option #2) $ 55,250.00 $ 86,750.00
ILP Tier 4 (Option #2) $ 84,750.00 $126,750.00
ILP Tier 5 (Options #2) $117,495.00 $169,995.00
ILP Tier 6 (Option #2) $144,995.00 $207,995.00
ILP Tier 7 (Option #2) $185,000.00 $251,000.00
ILP Tier 8 (Option #2) $292,500.00 $369,000.00
Payment of the Service Fee is due thirty (30) days prior to the renewal of the then-current Service Period. All Service
Fees are exclusive of any sales, use, value-added or other federal, state or local taxes (excluding taxes based on
Vigilant's net income) and Affiliate agrees to pay any such tax. Service Fees may increase by no higher than 4% per
year for years after the first year of this agreement. For ILP (Option# 2) Tier packages, the Tier amount is due for
subsequent periods and Basic Service CLK fees are due for all cameras from previous periods (this is in addition to the
Annual Subscription Fee).
Affiliate and Vigi lant agree that the number of CLKs issued as of the Effective Date of this Agreement is __ [lnsert
Quantity]. All future additions of CLKs shall on ly be those as provided for in the definitions provided above.
C. Advanced Service Fee Payments. Vigilant will accept advanced Service Fee payments on a case by
case basi s for Affiliates who wish to lock in the Service Fee rates for subsequent periods at the rates currently in
effect, as listed in the table above. If Affiliate makes advanced Service Fee payments to Vigilant, advanced payments
to Vigilant will be applied in full to each subsequent Service Period's Service Fees until the balance of the credits is
reduced to a zero balance. System based advanced credits shall be applied to subsequent Service Fees in the amount
that entitles Affiliat e continued operation of the designated camera unit systems for the following Service Period
until the credits are reduced to a zero balance.
D. Price Adjustment. Vigilant has the right to increase or decrease the annual Service Fee from one
Service Period to another; provided, however, that in no event will a Service Fee be increased by more than 4% of the
pri or Service Period's Service Fees. If Vigilant intends to adjust the Service Fee for a subsequent Service Period, it
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must give Affiliate notice of the proposed increase on or before the date that Vigilant invoices Affiliate for the
upcoming Service Period.
XIV. Miscellaneous.
A. Limitation of Liability. IN NO EVENT SHALL VIGILANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR
CONNECTED WITH THE USE OF THE SOFTWARE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF VIGILANT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO
EVENT WILL VIGILANT'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY
AFFILIATE TO VIGILANT FOR THE SOFTWARE PRODUCTS LICENSED UNDER THIS AGREEMENT.
8. Confidentiality. Affiliate acknowledges that Software Products contain valuable and proprietary
information of Vigilant and Affiliate will not disassemble, decompile or reverse engineer any Software Products to
gain access to confidential information of Vigilant.
C. Assignment. Neither Vigilant nor Affiliate is permitted to assign this Agreement without the prior
written consent of the other party. Any attempted assignment without written consent is void.
D. Amendment; Choice of Law. No amendment or modification of this Agreement shall be effective
unless in writing and signed by authorized representatives of the parties. This Agreement shall be governed by the
laws of the state of California without regard to its conflicts of law.
E. Complete Agreement. This Agreement constitutes the final and complete agreement between the
parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements,
written or oral, with respect to such subject matter.
F. Relationship. The relationship created hereby is that of contractor and customer and of licensor and
Affiliate. Nothing herein shall be construed to create a partnership, joint venture, or agency relationship between
the parties hereto. Neither party shall have any authority to enter into agreements of any kind on behalf ofthe other
and shall have no power or authority to.bind or obligate the other in any manner to any third party. The employees
or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any
purpose whatsoever. Each party hereto represents that it is acting on its own behalf and is not acting as an agent for
or on behalf of any third party.
G. No Rights in Third Parties. This agreement is entered into for the sole benefit of Vigilant and
Affiliate and their permitted successors, executors, representatives, administrators and assigns . Nothing in this
Agreement shall be construed as giving any benefits, rights, remedies or claims to any other person, firm, corporation
or other entity, including, without limitation, the general public or any member thereof, or to authorize anyone not a
party to this Agreement to maintain a suit for personal injuries, property damage, or any other relief in law or equity
in connection with this Agreement.
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H. Construction. The headings used in this Agreement are for convenience and ease of reference only,
and do not define, limit, augment, or describe the scope, content or intent of this Agreement. Any term referencing
time, days or period for performance shall be deemed calendar days and not business days, unless otherwise
expressly provided herein.
I. Severability. If any provision of this Agreement shall for any reason be held to be invalid, illegal,
unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this
Agreement, such provision shall be construed so as to make it enforceable to the greatest extent permitted, such
provision shall remain in effect to the greatest extent permitted and the remaining provisions of this Agreement shall
remain in full force and effect.
J. Federal Government. Any use, copy or disclosure of Software Products by the U.S. Government is
subject to restrictions as set forth in this Agreement and as provided by DFARS 227.7202-l{a) and 227 .7202-3(a)
(1995), DFARS 252.227-7013(c)(l)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227 (ALT Ill), as
applicable.
K. Right to Audit. Affiliate, upon thirty (30) days advanced written request to Vigilant, shall have the
right to investigate, examine,. and audit any and all necessary non-financial books, papers, documents, records and
personnel that pertain to this Agreement and any other Sub Agreements.
L. Notices: Authorized Representatives: Technical Support Agents. All notices, requests, demands, or
other communications required or permitted to be given hereunder must be in writing and must be addressed to the
parties at their respective addresses set forth below and shall be deemed to have been duly given when (a) delivered
in person; (b) sent by facsimile transmission indicating receipt at the facsimile number where sent; (c) one (1)
business day after being deposited with a reputable overnight air courier service; or (d) three (3) business days after
being deposited with the United States Postal Service, for delivery by certified or registered mail, postage pre-paid
and return receipt requested. All notices and communications regarding default or termination of this Agreement
shall be delivered by hand or sent by certified mail, postage pre-paid and return receipt requested. Either party may
from time to time change the notice address set forth below by delivering 30 days advance notice to the other party
in accordance with this section setting forth the new address and the date on which it will become effective.
Vigilant Solutions, LLC
Attn: Sales Administration
1152 Stealth Street
Livermore, CA 94551
Affiliate: City of Carlsbad
Attn: Cindy Anderson
Address: 2560 Orion Way
Carlsbad, CA 92010
M. Authorized Representatives: Technical Support Agents. Affiliate's Authorized Representatives and its
Technical Support Agents are set forth below in the Contact Information Worksheet. Affiliate's Authorized
Representative is responsible for administering this Agreement and Affiliate's Technical Support Agents are
responsible for administering the Software Products and acting as Affiliate's Software Products support contact.
Either party may from time to time change its Authorized Representative, and Affiliate may from time to time change
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its Technical Support Agents, in each case, by delivering 30 days advance notice to the other party in accordance with
the notice provisions of this Agreement.
N. Facial Recognition Image Integration. Affiliate may elect, at its sole discretion, to have Vigilant enable
the ability for the Affiliate's existing facial recognition images to be imported into its FaceSearch gallery. This process
requires some reformatting of the data for compatibility. The data remains property of the Affiliate, is maintained
according to the retention policy set by the Affiliate and is shared to other agencies under the rules defined by the
Affiliate. This service is at an additional cost. Vigilant uses a third-party service from The Center for law Enforcement
Technology, Training, & Research, Inc. (lETTR) to deliver this service. If the Affiliate elects to use this service, it
acknowledges that The Center for law Enforcement Technology, Training, & Research, Inc. a non -profit, 501(c)(3)
corporation, working under contract with Vigilant and acting on behalf of the Affiliate, will perform the described
services for law enforcement information sharing purposes.
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IN WITNESS WHEREOF, the parties have executed the Agreement as of the Effective Date.
Manufacturer:
Authorized Agent:
Title:
Date:
Signature:
Affiliate Organization:
Authorized Agent:
Title:
Date:
Signature:
Vigilant Solutions
Elizabeth Heintzman
Vice President, Sales
5/6/2022
City of Carlsbad
City Manager
Scott Chadwick
5/11/2022
APPROVED AS TO FORM
C
Br.-s::::::~~~~~--.,o;--Asst/D p ty City Attorney
City Carlsbad. CA
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Enterprise Service Agreement
Contact Information Worksheet
Please complete the following contact information for your Vigilant Solutions Enterprise License program .
Enterprise License Agreement Holder
Company/ Agency Name: Carlsbad Police Department
Company/ Agency Type: Local Municipality
Address:
Primary Contact
Name: Cindy Anderson
Title: Senior Management Analyst I Phone: 1(442) 339-2170
Email: cindy.anderson@carlsbadca.gov
Supervisor Information
Name: Bryan Hargett
Title: Police Captain I Phone: I (760) 931 -2197
Email: bryan.hargett@carlsbadca.gov
Financial Contact (Accounts Payable)
Name: Cindy Anderson
Title: Senior Management Analyst I Phone: I (442) 339-2170
Ema il: cindy.anderson@carlsbadca.gov
Technical Support Contact# 1
Name: Jeffery Smith
Title: Police Lieutenant I Phone: 1(760) 931 -2197
Email: jeffery.smith@carlsbadca.gov
Technical Support Contact# 2
Name: Javier Ruiz
Title: Safety IT Manager I Phone: I (760) 931-2197
Email: javier.ruiz@carlsbadca.gov
For questions or concerns, please contact Vigilant Solutions' sales team :
sales@vigilantsolutions.com
1-925-398-2079
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Exhibit A: Option# 2 ILP Tier Package Components
ILP Bundle for Agencies of Up to 25 Sworn ILP Bundle for Agencies of Up to 50 Sworn
Includes: Includes:
-Agency license for LEARN Saas -Agency license for LEARN Saas
-Unlimited access to Commercial LPR data -Unlimited access to Commercial LPR data
-One (1) 3-Camera Mobile LPR System or -One (1) 3-Camera Mobile LPR System or
Three (3) Fixed Camera Systems Three (3) Fixed Camera Systems
-First year of Basic and Standard Service Packages -First year of Basic and Standard Service Packages
-LEARN-Mobile Companion -LEARN-Mobile Companion
-Mobile Hit Hunter -Mobile Hit Hunter
-Agency license for FaceSearch -Agency license for FaceSearch
-Image gallery up to 5,000 images -Image gallery up to 5,000 images
ILP Bundle for Agencies of 51 to 100 Sworn ILP Bundle for Agencies of 101 to 200 Sworn
Includes: Includes:
-Agency license for LEARN Saas -Agency license for LEARN Saas
-Unlimited access to Commercial LPR data -Unlimited access to Commercial LPR data
-One (1) 3-Camera Mobile LPR System or -Two (2) 3-Camera Mobile LPR System or
Three (3) Fixed Camera Systems Six (6) Fixed Camera Systems
-First year of Basic and Standard Service Packages -First year of Basic and Standard Service Packages
-LEARN-Mobile Companion -LEARN-Mobile Companion
-Mobile Hit Hunter -Mobile Hit Hunter
-Agency license for FaceSearch -Agency license for FaceSearch
-Image gallery up to 5,000 images -Image gallery up to 20,000 images
ILP Bundle for Agencies of 201 to 500 Sworn ILP Bundle for Agencies of 501 to 1,000 Sworn
Includes: Includes:
-Agency license for LEARN Saas -Agency license for LEARN Saas
-Unlimited access to Commercial LPR data -Unlimited access to Commercial LPR data
-Three (3) 3-Camera Mobile LPR System or -Four (4) 3-Camera Mobile LPR Systems or
Nine (9) Fixed Camera Systems Twelve (12) Fixed Camera Systems
-First year of Basic and Standard Service Packages -First year of Basic and Standard Service Packages
-LEARN-Mobile Companion -LEARN -Mobile Companion
-Mobile Hit Hunter -Mobile Hit Hunter
-Agency license for FaceSearch -Agency license for FaceSearch
-Image gallery up to 50,000 images -Image gallery up to 75,000 images
ILP Bundle for Agencies of 1,000 to 1,500 Sworn ILP Bundle for Agencies of 1,501 to 2,000 Sworn
Includes: Includes:
-Agency license for LEARN Saas -Agency license for LEARN Saas
-Unlimited access to Commercial LPR data -Unlimited access to Commercial LPR data
-Five (5) 3-Camera Mobile LPR Systems or -Six (6) 3-Camera Mobile LPR Systems or
Fifteen (15) Fixed Camera Systems Eighteen (18) Fixed Camera Systems
-First year of Basic and Standard Service Packages -First year of Basic and Standard Service Packages
-LEARN-Mobile Companion -LEARN-Mobile Companion
-Mobile Hit Hunter -Mobile Hit Hunter
-Agency license for FaceSearch -Agency license for FaceSearch
-Image gallery up to 100,000 images -Image gallery up to 200,000 images
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ILP Bundle for Agencies up to 2,500 Sworn
Includes:
-Agency license for LEARN Saas
-Unlimited access to Commercial LPR data
-Seven (7} 3-Camera Mobile LPR Systems or
Twenty one (24} Fixed Camera Systems
-First year of Basic and Standard Service Packages
-LEARN-Mobile Companion
-Mobile Hit Hunter
-Agency license for FaceSearch
-Image gallery up to 250,000 images
Vigilant Solutions Enterprise I .iccnse Agreement ver. 2.10
ILP Bundle for Agencies up to 5,000 Sworn
Includes:
-Agency license for LEARN Saas
-Unlimited access to Commercial LPR data
-Eight {8} 3-Camera Mobile LPR Systems or
Twenty four (24} Fixed Camera Systems
-First year of Basic and Standard Service Packages
-LEARN-Mobile Companion
-Mobile Hit Hunter
-Agency license for FaceSearch
-Image gallery up to 500,000 images
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Exhibit B: OIS Requirements
Vigilant and the Affiliate agree on the importance of data security, integrity and system availability and that these
security objectives will only be achieved through shared responsibility. Vigilant and the Affiliate agree they will more
likely be successful with information security by use of the Vigilant supplied technical controls and client Affiliate use
of those controls; in conjunction with agency and personnel policies to protect the systems, data and privacy.
Vigilant and the Affiliate agree that Affiliate owned and FBI-CJIS supplied data in Vigilant systems does not meet the
definition of FBI-OIS provided Criminal Justice Information (OI). Regardless, Vigilant agrees to treat the Affiliate-
supplied information in Vigilant systems as 01. Vigilant will strive to meet those technical and administrative controls;
ensuring the tools are in place for the proper protection of systems, information and privacy of individuals to the
greatest degree possible.
Vigilant and the Affiliate agree that information obtained or incorporated into Vigilant systems may be associated with
records that are sensitive in nature having, tactical, investigative and Personally Identifiable Information. As such, that
information will be treated in accordance with applicable laws, policies and regulations governing protection and
privacy of this type of data.
Vigilant and the Affiliate agree that products and services offered by Vigilant are merely an investigative tool to aid the
client In the course of their duties and that Vigilant make no claims that direct actions be initiated based solely upon
the information responses or analytical results. Further, Vigilant and the Affiliate agree that the Affiliate is ultimately
responsible for taking the appropriate actions from results, hits, etc. generated by Vigilant products and require
ongoing training, human evaluation, verifying the accuracy and currency of the information, and appropriate analysis
prior to taking any action.
As such, the parties agree to do the following:
Vigilant:
1. Vigilant has established the use of FBl-01S Security Policy as guidance for implementing technical security
controls in an effort to meet or exceed those Policy requirements.
2. Vigilant agrees to appoint a 01$ Information Security Officer to act as a conduit to the client Contracting
Government Agency, Agency Coordinator, to receive any security policy information and disseminate to the
appropriate staff.
3. Vigi lant agrees to adhere to FBl-015 Security Policy Awareness Training and Personnel Screening standards as
required by the Affiliate.
4. Vigilant agrees, by default, to classify al l client supplied data and information related to client owned
infrastructure, information systems or communications systems as "Criminal Justice Data". All client
information will be treated at the highest level of confidentiality by all Vigilant staff and authorized partners.
Vigilant has supporting guidance/policies for staff handling the full life cycle of information in physical or
electronic form and has accompanying disciplinary procedures for unauthorized access, misuse or mishandling
of that information.
5. Vigilant will not engage in data mining, commercial sale, unauthorized access and/or use of any of Affiliate
owned data.
6. Vigilant and partners agree to use their formal cyber Incident Response Plan if such event occurs.
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7. Vigilant agrees to immediately inform Affiliate of any cyber incident or data breach, to include DDoS, Malware,
Virus, etc. that may impact or harm client data, systems or operations so proper analysis can be performed
and client Incident Response Procedures can be initiated.
8. Vigilant will only allow authorized support staff to access the Affiliate's account or Affiliate data in support of
Affiliate as permitted by the terms of contracts.
9. Vigilant agrees to use training, policy and procedures to ensure support staff use proper handling, processing,
storing, and communication protocols for Affiliate data.
10. Vigilant agrees to protect client systems and data by monitoring and auditing staff user activity to ensure that
it is only within the purview of system application development, system maintenance or the support roles
assigned.
11. Vigilant agrees to inform the Affiliate of any unauthorized, inappropriate use of data or systems.
12. Vigilant will design software applications to facilitate FBI-CJIS compliant information handling, processing,
storing, and communication of Affiliate.
13. Vigilant will advise Affiliate when any software application or equipment technical controls are not consistent
with meeting FBI-OIS Policy criteria for analysis and due consideration.
14. Vigilant agrees to use the existing Change Management process to sufficiently plan for system or software
changes and updates with Rollback Plans.
15. Vigilant agrees to provide technical security controls that only permit authorized user access to Affiliate
owned data and Vigilant systems as intended by the Affiliate and data owners.
16. Vigilant agrees to meet or exceed the FBI-OIS Security Policy complex password construction and change
rules.
17. Vigilant will only provide access to Vigilant systems and Affiliate owned information through Affiliate managed
role-based access and applied sharing rules configured by the Affiliate.
18. Vigilant agrees to provide technical controls with additional levels of user Advanced Authentication in
Physically Non-Secure Locations.
19. Vigilant agrees to provide compliant FIPS 140-2 Certified 128-bit encryption to Affiliate owned data during
transport and storage ("data at rest") while in the custody and control of Vigilant.
20. Vigilant agrees to provide firewalls and virus protection to protect networks, storage devices and data.
21. Vigilant agrees to execute archival, purges and/or deletion of data as configured by the data owner.
22. Vigilant agrees to provide auditing and alerting tools within the software applications so Affiliate can monitor
access and activity of Vigilant support staff and Affiliate users for unauthorized access, disclosure, alteration or
misuse of Affiliate owned data. (Vigilant support staff will only have access when granted by the Affiliate.)
23. Vigilant will only perform direct support remote access to Affiliate systems/infrastructure when requested,
authorized and physically granted access to the applications/systems by the Affiliate. This activity will be
documented by both parties.
24. Vigilant creates and retains activity transaction logs to enable auditing by the Affiliate data owners and
Vigilant staff.
25. Vigilant agrees to provide physical protection for the equipment-storing Affiliate data along with additional
technical controls to protect physical and logical access to systems and data.
26. Vigilant agrees to participate in any Information or Technical Security Compliance Audit performed by the
Affiliate, state OIS System Agency or FBI-CJ IS Division.
27. Vigilant agrees to perform independent employment background screening for its' staff and participate in
additional fingerprint background screening as required by Affiliate.
Vigilant Solutions Enterprise License Agreement ver. 2.10 Page 17 of 17
DocuSign Envelope ID: EAD5FCF4-2235-43B3-A279-F7C557EC8F2E
'1Y~~~~~r
28. Vigilant agrees that the Affiliate owns all Affiliate contributed data to include "hot-lists", scans, user
information etc., is only shared as designated by the client and remains the responsibility and property of the
Affiliate.
Affiliate:
1. Affiliate agrees to appoint an Agency Coordinator as a central Point of Contact for all FBI-CJIS Security Policy
related matters and to assign staff that are familiar with the contents of the FBI-OIS Security Policy.
2. Affiliate agrees to have the Agency Coordinator provide timely updates with specific information regarding
any new FBI-OIS, state or local information security policy requirements that may impact Vigilant compliance
or system/application development and, to facilitate obtaining certifications, training, and fingerprint-based
background checks as required.
3. Affiliate agrees to inform Vigilant when any FBI-CJIS Security Awareness Training, personnel background
screening or execution of FBI-CJ IS Security Addendum Certifications are required.
4. Affiliate agrees to immediately inform Vigilant of any relevant data breach or cyber incident, to include DDoS,
Malware, Virus, etc. that may impact or harm Vigilant systems, operations, business partners and/or other
Affiliates, so proper analysis can be performed, and Incident Response Procedures can be initiated.
5. Affiliate agrees that they are responsible for the legality and compliance of information recorded, submitted
or placed in Vigilant systems and use of that data.
6. Affiliate agrees that they are responsible for proper equipment operation and placement of equipment.
7. Affiliate agrees that they are responsible for vetting authorized user access to Vigilant systems with due
consideration of providing potential access to non-Affiliate information.
8. Affiliate agrees that responsibility and control of persons granted access to purchased Vigilant systems, along
with data stored and transmitted via Vigilant systems, is that of the Affiliate.
9. Affiliate agrees that they have responsibility for all data security, handling and data protection strategies from
point of acquisition, during transport and until submission ("Hotlist upload") into Vigilant systems.
10. Affiliate agrees to reinforce client staff policies and procedures for secure storage and protection of Vigilant
system passwords.
11. Affiliate agrees to reinforce client staff policies for creating user accounts with only government domain email
addresses. Exceptions will be granted in writing.
12. Affiliate agrees to reinforce client staff policies for not sharing user accounts.
13. Affiliate agrees to use Vigilant role-based access as designed to foster system security and integrity.
14. Affiliate agrees that they control, and are responsible for, appropriate use and data storage policies as well as
procedures for the data maintained outside the Vigilant systems. This includes when any information is
disseminated, extracted or exported out of Vigilant systems.
15. Affiliate agrees that they control and are responsible for developing policies, procedures and enforcement for
applying deletion/purging and dissemination rules to information within and outside the Vigilant systems.
16. Affiliate agrees that it is their responsibility to ensure data and system protection strategies are accomplished
through the tools provided by Vigilant for account and user management features along with audit and alert
threshold features .
17. Affiliate agrees to use the "virtual escorting" security tools provided for managing client system remote access
and monitor Vigilant support staff when authorized to assist the client.
18. Affiliate agrees that the Vigilant designed technical controls and tools will only be effective in conjunction with
Affiliate created policies and procedures that guide user access and appropriate use of the system.
Vigilant Solutions Enterprise License Agreement ver. 2.10 Page 18 of 17
DocuSign Envelope ID: EADSFCF4-2235-43B3-A279-F7C557EC8F2E
..../Yt~iY.\~T
19. Affiliate agrees that information and services provided through Vigilant products do not provide any
actionable information, Affiliate users are responsible for the validity and accuracy of their data and
developing procedures to verify information with the record owner and other systems (NCIC) based upon the
potential lead generated.
Vigilant Solutions Enterprise License Agreement ver. 2. I 0 Page 19 of 17
Police Department
Crime Analysis Unit 2560 Orion Way Carlsbad, CA 92010 760-931-2197
www.carlsbadca.gov/police www.facebook.com/carlsbadpolicedepartment @carlsbadpolice
Existing license plate reader sites
# Direction Location
1 SB Avenida Encinas & Palomar Airport Rd
2 NB Avenida Encinas & Poinsettia Ln
3 EB Calle Barcelona at East Forum Exit
4 SB Calle Barcelona at South Forum Exit
5 EB Cannon Rd & Car Country Rd
6 WB Cannon Rd & Paseo Del Norte
7 N/E/S Carlsbad Blvd & Avenida Encinas
8 N/S Carlsbad Blvd & State St
9 N/S Carlsbad Blvd & Tamarack Ave
10 E/W Carlsbad Village Dr & Harding St
11 EB Chestnut Ave (Under I-5 Freeway)
12 SB College Ave & Tamarack Ave N
13 NB College Blvd & Tamarack Ave
14 NB El Camino Real & Calle Barcelona
15 N/E/S/W El Camino Real & Plaza Dr
16 WB Faraday Ave & Whiptail Lp
17 SB Jefferson St & Las Flores Dr
18 N/S Jefferson St & Marron Rd
19 NB Jefferson St & Tamarack Ave
20 EB La Costa Ave & Saxony Rd
21 NB Melrose Dr & Alga Rd
22 EB Olivenhain Rd & Camino Alvaro
23 E/S/W Palomar Airport Rd & Melrose Dr
24 E/S/W Palomar Airport Rd & Paseo Del Norte
25 SB Rancho Santa Fe & San Elijo Rd
26 W/E Tamarack Ave & Jefferson St
Exhibit 3
May 10, 2022 Item #10 Page 24 of 128
{'city of
Carlsbad
Police Department
Police Department
Crime Analysis Unit 2560 Orion Way Carlsbad, CA 92010 760-931-2197
www.carlsbadca.gov/police www.facebook.com/carlsbadpolicedepartment @carlsbadpolice
Proposed additional license plate reader sites
# Direction Location
27 WB Armagosa Dr & Olivenhain Rd
28 W/E Carlsbad Village Dr & Pio Pico Dr
29 SB El Camino Real & Calle Barcelona
30 EB Faraday Ave & Whiptail Lp
31 WB Jefferson St & Marron Rd
32 WB La Costa Ave & El Camino Real
33 N/E Las Flores Dr & Jefferson St
34 SB Melrose Dr & Alga Rd
35 E/W Palomar Airport Rd & Avenida Encinas
36 NB Palomar Airport Rd & Melrose Dr
37 SB Paseo Del Norte & Cannon Rd
38 E/W Poinsettia Ln & Paseo Del Norte
39 SB Rancho Santa Fe & Olivenhain Rd
40 NB Rancho Santa Fe & San Elijo Rd
41 EB San Elijo Rd & Rancho Santa Fe
42 E/W Tamarack Ave & Pio Pico Dr
EXHIBIT 4
May 10, 2022 Item #10 Page 25 of 128
{'city of
Carlsbad
Police Department
Policy
462
Carlsbad Police Department
Carlsbad PD Policy Manual
Copyright Lexipol, LLC 2021/09/23, All Rights Reserved.
Published with permission by Carlsbad Police Department Automated License Plate Readers (ALPRs) - 1
Automated License Plate Readers (ALPRs)
462.1 PURPOSE AND SCOPE
Automated License Plate Reader (ALPR) technology, also known as License Plate Recognition,
provides automated detection of license plates. ALPRs are used by the Carlsbad Police
Department to convert data associated with vehicle license plates for official law enforcement
purposes, including identifying stolen or wanted vehicles, stolen license plates and missing
persons. ALPRs may also be used to gather information related to active warrants, homeland
security, electronic surveillance, suspect interdiction and stolen property recovery.
462.2 ADMINISTRATION OF ALPR DATA
All installation and maintenance of ALPR equipment, as well as ALPR data access shall
be managed by the Investigations and Information Technology Division Commander.
462.3 ALPR OPERATION
Use of an ALPR is restricted to the purposes outlined below. Department personnel shall not use,
or allow others to use the equipment or database records for any unauthorized purpose.
(a) An ALPR shall only be used for official and legitimate law enforcement business.
(b) An ALPR may be used in conjunction with any routine patrol operation or criminal
investigation. Reasonable suspicion or probable cause is not required before using
an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene,
particular consideration should be given to using ALPR-equipped cars to canvass
areas around homicides, shootings and other major incidents. Partial license plates
reported during major crimes should be entered into the ALPR system in an attempt
to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data
without first completing department-approved training.
(e) No ALPR operator may access California Law Enforcement Telecommunications
System (CLETS) data unless otherwise authorized to do so.
(f) If practicable, the officer should verify an ALPR response through CLETS before taking
enforcement action that is based solely on an ALPR alert.
462.4 ALPR DATA COLLECTION AND RETENTION
All data and images gathered by an ALPR are for official use only and is not open to public review.
ALPR information gathered by this department is transmitted to the San Diego ARJIS and/or
Vigilant Solutions and may be used and shared with prosecutors or others only as permitted by law.
San Diego ARJIS and/or Vigilant Solutions are responsible to ensure proper collection and
retention of ALPR data, and for managing access to this data. Any ALPR data downloaded and
EXHIBIT 5
May 10, 2022 Item #10 Page 26 of 128
Carlsbad Police Department
Carlsbad PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2021/09/23, All Rights Reserved.
Published with permission by Carlsbad Police Department Automated License Plate Readers (ALPRs) - 2
retained by either ARJIS and/or Vigilant Solutions should be stored for one year. After one year,
it shall be purged unless it has become, or it is reasonable to believe it will become, evidence in a
criminal or civil action or is subject to a lawful action to produce records. In those circumstances
the applicable data should be downloaded from the server onto portable media and booked into
Department evidence.
462.5 ACCOUNTABILITY AND SAFEGUARDS
All saved data will be closely safeguarded and protected by both procedural and technological
means. The Carlsbad Police Department will observe the following safeguards regarding access
to and use of stored data:
(a) All non-law enforcement requests for access to stored ALPR data shall be referred to
the Records Manager and processed in accordance with applicable law.
(b) All ALPR data downloaded to the mobile workstation shall be accessible only through
a login/password-protected system capable of documenting all access of information
by name, date and time.
(c) Persons approved to access ALPR data under these guidelines are permitted to
access the data for legitimate law enforcement purposes only, such as when the data
relate to a specific criminal investigation or department-related civil or administrative
action.
(d) Such ALPR data may be released to other authorized and verified law enforcement
officials and agencies at any time for legitimate law enforcement purposes.
(e) Every ALPR Detection Browsing Inquiry must be documented within the LEARN
system by either the associated Carlsbad Police case number or incident number, and
a reason for the inquiry.
(f) The Carlsbad Police Department shall not sell,share,or transfer ALPR
information,obtained by the department, except to a public agency who meets the
following criteria:
1. City,county,or city and county law enforcement agency in the state of California.
2. Any agency or political subdivision of the State of California that is the law
enforcement agency.
3. The State of California.
462.6 ALPR DATA DETECTION BROWSING AUDITS
It is the responsibility of the Professional Standards and Services Bureau (PSSB) Lieutenant
to ensure that in the months of January and July of every year, an audit is conducted of
ALPR Detection Browsing inquiries. The audit shall randomly select at least 10 Detection
Browsing inquiries conducted by department employees during the preceding six-month period,
and determine if each inquiry meets the requirements established in policy section 462.3(a).
Also the PSSB Lieutenant shall review, every January and July, all of the agencies and entities
May 10, 2022 Item #10 Page 27 of 128
Carlsbad Police Department
Carlsbad PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2021/09/23, All Rights Reserved.
Published with permission by Carlsbad Police Department Automated License Plate Readers (ALPRs) - 3
that the Carlsbad Police Department shares detection data with to ensure compliance with
applicable policy and law. These audits shall be documented in the form of an internal department
memorandum to the Chief of Police. After review by the Chief of Police, the memorandum and
any associated documentation shall be filed and retained by PSSB.
462.7 ALPR DATA DETECTION BROWSING INQUIRY DOCUMENATION AUDITS
It is the responsibility of the ALPR Administration Lieutenant, every month, to ensures that
every Detection Browsing Inquiry conducted within the previous month contains either the
associated Carlsbad Police case number or incident number, and a reason for the inquiry. In
the event that a Detection Browsing Inquiry was conducted without the proper documentation,
the ALPR Administration Lieutenant shall obtain an internal memorandum from the employee
who conducted the inquiry which shall document the associated Carlsbad Police case number
or incident number, and reason for the inquiry. The ALPR Administration Lieutenant shall, every
month, review all agencies and entities that the Carlsbad Police Department shares detection data
with to ensure compliance with the applicable department policy and law.
The ALPR Lieutenant shall forward the associated audit records and any memorandums to be
filed in the Professional Standards and Services Bureau file related to ALPR Detection Browsing
Inquiry audits.
462.8 TRAINING
The Training Coordinator should ensure that members receive department-approved training for
those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code §
1798.90.53).
May 10, 2022 Item #10 Page 28 of 128
Revised 6/12/18 Page 1 of 99
Exhibit 6
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS,
GENERAL PROVISIONS, SUPPLEMENTAL
PROVISIONS, AND TECHNICAL SPECIFICATIONS
FOR
CARLSBAD POLICE DEPARTMENT FIXED
LICENSE PLATE RECOGNITION (LPR)
CAMERA INSTALLATION
BID NO. PWS23-XXXXPD
May 10, 2022 Item #10 Page 29 of 128
-Bidding
0
Revised 6/12/18 Page 2 of 99
TABLE OF CONTENTS
Item Page Notice Inviting Bids .................................................................................................................. 5 Contractor's Proposal ............................................................................................................... 14 Bid Security Form .................................................................................................................... 18 Bidder’s Bond to Accompany Proposal .................................................................................... 19 Guide for Completing the “Designation Of Subcontractors” Form ............................................. 21 Designation of Subcontractor and Amount of Subcontractor’s Bid Items ................................. 22 Bidder's Statement of Technical Ability and Experience ........................................................... 23 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ....................................................................................... 24 Bidder’s Statement Re Debarment ........................................................................................... 25 Bidder's Disclosure of Discipline Record …………………………………………… ..................... 27 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ............................ 28 Contract Public Works .............................................................................................................. 29 Labor and Materials Bond ........................................................................................................ 35 Faithful Performance/Warranty Bond ....................................................................................... 37 Optional Escrow Agreement for Surety Deposits in Lieu of Retention ...................................... 39
May 10, 2022 Item #10 Page 30 of 128
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GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms .......................................................... .................................................... 42 1-2 Definitions .................................................... .................................................... 43 1-3 Abbreviations ............................................... .................................................... 47 1-4 Units of Measure .......................................... .................................................... 50 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract ................. .................................................... 51 2-2 Assignment .................................................. .................................................... 51 2-3 Subcontracts ................................................ .................................................... 51 2-4 Contract Bonds ............................................ .................................................... 52 2-5 Plans and Specifications .............................. .................................................... 54 2-6 Work to be Done .......................................... .................................................... 56 2-8 Right-of-Way ................................................ .................................................... 56 2-10 Authority of Board and Engineer .................. .................................................... 57 2-11 Inspection .................................................... .................................................... 57 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ........ .................................................... 58 3-2 Changes Initiated by the Agency .................. .................................................... 58 3-3 Extra Work ................................................... .................................................... 59 3-4 Changed Conditions .................................... .................................................... 61 3-5 Disputed Work ............................................. .................................................... 62 Section 4 Control of Materials 4-1 Materials and Workmanship ......................... .................................................... 65 4-2 Materials Transportation, Handling and Storage ............................................... 69 Section 5 Utilities 5-1 Location ....................................................... .................................................... 69 5-2 Protection .................................................... .................................................... 70 5-3 Removal ...................................................... .................................................... 70 5-4 Relocation .................................................... .................................................... 70 5-5 Delays .......................................................... .................................................... 71 5-6 Cooperation ................................................. .................................................... 72 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ....................................... 72 6-2 Prosecution of Work ..................................... .................................................... 75 6-3 Suspension of Work ..................................... .................................................... 76 6-4 Default by Contractor ................................... .................................................... 77 6-5 Termination of Contract................................ .................................................... 77 6-6 Delays and Extensions of Time .................... .................................................... 78 6-7 Time of Completion ...................................... .................................................... 79 6-8 Completion, Acceptance, and Warranty ....... .................................................... 80 6-9 Liquidated Damages .................................... .................................................... 80 6-10 Use of Improvement During Construction .... .................................................... 80
May 10, 2022 Item #10 Page 31 of 128
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Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .......... .................................................... 81 7-2 Labor ........................................................... .................................................... 81 7-3 Liability Insurance ........................................ .................................................... 81 7-4 Workers' Compensation Insurance .............. .................................................... 82 7-5 Permits ........................................................ .................................................... 82 7-6 The Contractor’s Representative .................. .................................................... 82 7-7 Cooperation and Collateral Work ................. .................................................... 82 7-8 Project Site Maintenance ............................. .................................................... 83 7-9 Protection and Restoration of Existing Improvements ....................................... 84 7-10 Public Convenience and Safety ................... .................................................... 85 7-11 Patent Fees or Royalties .............................. .................................................... 89 7-12 Advertising ................................................... .................................................... 89 7-13 Laws to be Observed ................................... .................................................... 90 7-14 Antitrust Claims ............................................ .................................................... 90 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work ................................................ 90 9-2 Lump Sum Work .......................................... .................................................... 90 9-3 Payment ...................................................... .................................................... 91 TECHNICAL SPECIFICATIONS DIVISION 01 – GENERAL REQUIREMENTS 01 11 00 Summary .................................................... .................................................... 95 Fixed LPR - Example of Installation ............ .................................................... 95
May 10, 2022 Item #10 Page 32 of 128
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CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS
Until 4 p.m. on June 13, 2022, the City shall accept bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids, which may be accessed at Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) for performing the work as follows: The City of Carlsbad Police Department currently has eighty-five (85) Vigilant Solutions Fixed LPR cameras installed at twenty-four (24) intersections throughout the city. The city recently acquired one-hundred and twenty-eight (128) Fixed LPR cam-eras (Part No. VSF-025-L5F), one-hundred and twenty-eight (128) Fixed LPR Camera Brackets (Part No. VS-FX-UNI-POLE-WALL-BRKT_REV_B), sixty-one (61) Fixed Camera Communications Boxes (Part No. BCAV1F2-C600), and the necessary camera cables. Eighty-five (85) of the fixed LPR cam-eras will replace the existing cameras at twenty-four (24) intersections, and forty-three (43) fixed LPR cameras will be installed at seven (7) new intersections throughout the city. The city desires to hire an electrical contractor that must be a certified Vigilant Solutions product installer. The certified electrical contractor will dismount the existing eighty-five (85) fixed LPR cameras and install one-hundred and twenty-eight (128) new LPR cameras at the identified locations.
Location # Project Direction Location #Cameras
1 Install WB Armagosa Dr / Olivenhain Rd 2
2 Dismount/Install SB Avenida Encinas / Palomar Airport Rd 2
3 Dismount/Install NB Avenida Encinas / Poinsettia Ln 2
4 Dismount/Install EB Calle Barcelona at East Forum Exit 2
Dismount/Install SB Calle Barcelona at South Forum Exit 2
5 Dismount/Install EB Cannon Rd / Car Country Rd 2
6 Dismount/Install WB Cannon Rd / Paseo Del Norte 3
Install SB Cannon Rd / Paseo Del Norte 2
7 Dismount/Install EB Carlsbad Blvd / Avenida Encinas 1
Dismount/Install NB Carlsbad Blvd / Avenida Encinas 2
Dismount/Install SB Carlsbad Blvd / Avenida Encinas 2
8 Dismount/Install NB Carlsbad Blvd / State St 1
Dismount/Install SB Carlsbad Blvd / State St (Roundabout) 1
9 Dismount/Install NB Carlsbad Blvd / Tamarack Ave 2
Dismount/Install SB Carlsbad Blvd / Tamarack Ave 2
10 Dismount/Install WB Carlsbad Village Dr / Harding St 2
Dismount/Install EB Carlsbad Village Dr / Pio Pico Dr 2
11 Install WB Carlsbad Village Dr / Pio Pico Dr 2
Install EB Carlsbad Village Dr / Pio Pico Dr 2
12 Dismount/Install EB Chestnut Ave (Under I-5 Freeway) 1
13 Dismount/Install SB College Ave / Tamarack Ave N 2
Dismount/Install NB College Blvd / Tamarack Ave 2
14 Dismount/Install NB El Camino Real / Calle Barcellona 3
Install SB El Camino Real / Calle Barcelona 3
15 Dismount/Install NB El Camino Real / Plaza Dr 3
Dismount/Install SB El Camino Real / Plaza Dr 3
Dismount/Install EB El Camino Real / Plaza Dr 2
Dismount/Install WB El Camino Real / Plaza Dr 1
16 Dismount/Install WB Faraday Ave / Whiptail Lp 2
May 10, 2022 Item #10 Page 33 of 128
0
Revised 6/12/18 Page 6 of 99
Install EB Faraday Ave / Whiptail Lp 2
17 Dismount/Install SB Jefferson St / Las Flores Dr 1
Install NB Jefferson St / Las Flores Dr 1
Install EB Jefferson St / Las Flores Dr 1
18 Dismount/Install SB Jefferson St / Marron Rd 2
Dismount/Install NB Jefferson St / Marron Rd 2
Install NB Jefferson St / Marron Rd 2
19 Dismount/Install NB Jefferson St / Tamarack Ave 1
Dismount/Install WB Jefferson St / Tamarack Ave 2
Dismount/Install EN Jefferson St / Tamarack Ave 2
20 Install WB La Costa Ave / El Camino Real 2
21 Dismount/Install EB La Costa Ave / Saxony Rd 2
22 Dismount/Install NB Melrose Dr / Alga Rd 3
Install SB Melrose Dr / Alga Rd 3
23 Install NB Melrose Dr / Palomar Airport Rd 3
25 Install WB Palomar Airport Rd / Avenida Encinas 2
Install EB Palomar Airport Rd / Avenida Encinas 2
26 Dismount/Install WB Palomar Airport Rd / Melrose Dr 3
Dismount/Install EB Palomar Airport Rd / Melrose Dr 3
Dismount/Install SB Palomar Airport Rd / Melrose Dr 3
27 Dismount/Install EB Palomar Airport Rd / Paseo Del Norte 3
Dismount/Install WB Palomar Airport Rd / Paseo Del Norte 4
Dismount/Install SB Palomar Airport Rd / Paseo Del Norte 2
28 Install WB Poinsettia Ln / Paseo Del Norte 2
Install EB Poinsettia Ln / Paseo Del Norte 2
29 Dismount/Install NB Rancho Santa Fe / Camino Alvaro Rd 2
30 Install SB Rancho Santa Fe / Olivenhain Rd 1
31 Dismount/Install SB Rancho Santa Fe / San Elijo Rd 3
Install NB Rancho Santa Fe / San Elijo Rd 3
Install EB Rancho Santa Fe / San Elijo Rd 2
32 Install WB Tamarack Ave / Pio Pico Dr 2
Install EB Tamarack Ave / Pio Pico Dr 2 The City shall provide 120v power cable from the Traffic Signal Cabinet to each Proposed Traffic Signal Pole corner. The electrical contractor shall provide labor, materials & equipment to install all twenty-eight (128) Reaper cameras with power supply enclosures including cabling between all devices (unless other-wise specified in Technical Specifications section of this document all equipment, cabling & mounts will be provided by the city). Contractor will: (1) provide all hardware and strapping required to finalize mounting. (2) Contractor to install City provided power cable from the Traffic Signal Pole to each Comms box. (3) Provide a fully functioning communication path for each ALPR camera to be able to connect back to Vigilant Solutions Law Enforcement Archival & Reporting Network (LEARN) via cel-lular router contained within the comms box. All equipment shall be installed using best known practices. All equipment shall be held firmly in place. All equipment and components shall be installed in compliance with each manufacturer’s rec-ommendations. The manufacturer’s installation manuals, wiring schematics and equipment dia-grams shall be used when installing all equipment.
May 10, 2022 Item #10 Page 34 of 128
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Revised 6/12/18 Page 7 of 99
REQUIRED CERTIFICATION The successful bidder must provide proof of Vigilant Solutions product installation certification no later than fourteen (14) calendar days of the bid opening. Failure to provide the certification in a timely manner may deem the bidder to be non-responsive and the city has the option to move forward with the next apparent low bidder. At which time the city will allow the 2nd apparent low bidder to submit proof of his/her certification within no later than fourteen (14) calendar days of when they receive notification from the city. It is the contractor’s responsibility to contact Vigilant Solutions to inquire about the certification process. The contractor is responsible for any costs incurred to obtain such certification. The cost of the certification is at an estimated cost of $4,500.00, and it is the contractor’s responsibility to verify the accuracy of this information. The city is not responsible and will not refund the cost of such certification for non-selected bidders. Any bidders interested in receiving more infor-mation about the certification process is advised to contact Vigilant Solutions directly at: 2021 Las Positas Ct, Suite #101, Livermore, CA 94551, telephone 925-398-2079, web www.vigilantsolu-tions.com. WARRANTY The electrical contractor shall provide a full installation warranty covering all work performed and all material and equipment furnished under this scope for a period of one year from the date of
final acceptance by the City of Carlsbad. Should any equipment become damaged during the installation, Contractor shall assume all responsibility and incur all costs to replace the same camera and to provide the successful installation. CARLSBAD POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION BID NO. PWS23-XXXXPD 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: Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) 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
May 10, 2022 Item #10 Page 35 of 128
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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. 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
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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.
The work shall be performed in strict conformity with the provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at the time of bid and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all here-inafter 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. SUMMARY OF BIDDING SCHEDULE An overview of the tentative bidding schedule is included in the following table. ACTIVITY SCHEDULE Advertise for Bids May 16, 2022 Last day for questions and RFI’s via PlanetBids May 25, 2022 Publish Q&A responses and final addenda June 1, 2022 Bid Opening June 13, 2022 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. 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. 3. Non-collusions Declaration 4. Designation of Subcontractor and Amount of Subcontractor’s 5. Bidder’s Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. 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 contract 8. Bidder’s Statement Re Debarment
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9. Bidder’s Disclosure of Discipline Record 10. 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. 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 $200,000. 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 con-tractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected 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 involve federal funds. The following classifications are acceptable for this contract: A or C10. 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 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 provided or sold. INTENT OF SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the specifications or other contract documents or finds discrepancies in or omissions from the 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 interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified.
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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 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 making 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 not be held. 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 the Contractor’s Proposal, times the unit price (if applicable) as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated, and the bids will be computed as indicated above and compared on the basis of the corrected totals. All bids are to be complete work including all fees, equipment, labor and materials associated with carrying out the work in accordance with plans and specifications. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. BIDDER’S INQUIRIES Questions on the bid documents during the bid period shall be submitted via Online Q&A in PlanetBids. Questions shall be definite and certain and shall reference applicable drawing sheet, notes, details or specification sheets. The cutoff date to submit questions regarding this project is 4 p.m. on May 25, 2022. No questions will be entertained after that date.
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If questions are to be received the answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project by June 1, 2022. ADDENDUMS 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. 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 an-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.
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Approved by the City Council of the City of Carlsbad, California, by Resolution No. ___________, adopted on the _______ day of ___________. ________________ _____________________________________ Date Deputy Clerk
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CITY OF CARLSBAD
CARLSBAD POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION
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. 4748 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 “Base Bid” Items listed below will be made a part of the basis of award. Bid LPR Fix Camera Installation SCHEDULE OF VALUES “BASE BID” per GENERAL AND TECHNICAL SPECIFICATIONS Item No.
NAICS Code
Description Quantity Unit Unit Price
Extension
1 Electrical Contractor to provide la-bor, materials & equipment to in-stall and align (128) Reaper Cam-eras w/ power supply enclosures including cabling between all de-vices (all equipment, cabling & mounts to be provided by the city). Provide all hardware and strapping required to finalize mounting. Pro-vide a fully functioning communi-cation path for each ALPR camera to be able to connect back to Vigi-lant Solutions Law Enforcement Archival & Reporting Network (LEARN) via cellular router con-tained within the comms box.
1 LS
2 Mobilization 1 LS
3 Traffic Control 1 LS
Commented [EFY1]: Cindy please verify the amount (51) and description is correct.
Commented [CA2R1]: Corrected to 128. Thank you!
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Total amount of bid in words for “BASE BID” Items No. 1-3: _______________________________________________________________________________ Total amount of bid in numbers for “BASE BID” Items No. 1-3: $_____________________________ The City shall determine the low bid based on the calculated sum of the line Items in Schedule “BASE BID” above, items 1-3. Contractors are encouraged to double-check the values submitted in the Con-tractors Proposal. 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 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
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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 POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION (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.)
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
CARLSBAD POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION 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 POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION 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. Executed by PRINCIPAL this _________ day of ______________________, 20____. PRINCIPAL: ____________________________________ (name of Principal) By: _________________________________ (sign here) ____________________________________ (print name here) ____________________________________ (Title and Organization of Signatory) By: _________________________________ (sign here) ____________________________________ (print name here) ____________________________________ (title and organization of signatory)
Executed by SURETY this ____________ day of ______________________, 20____. SURETY: ____________________________________ (name of Surety) ____________________________________ (address of Surety) ____________________________________ (telephone number of Surety) By: _________________________________ (signature of Attorney-in-Fact) ____________________________________ (printed name of Attorney-in-Fact)
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(Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (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 sec-retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: _______________________________________________ Deputy 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 50 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 busi-ness license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. 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 fifty percent (50%) of the work with its own forces. Determination of the subcontract 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 POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION 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
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)(2)(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 POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION
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 POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION 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.
May 10, 2022 Item #10 Page 52 of 128
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BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal) CARLSBAD POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION 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
May 10, 2022 Item #10 Page 53 of 128
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal) CARLSBAD POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION 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 POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION 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
May 10, 2022 Item #10 Page 55 of 128
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NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CARLSBAD POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION
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
May 10, 2022 Item #10 Page 56 of 128
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CONTRACT
PUBLIC WORKS
This agreement is made this ____________ day of ________________________________, 20___, 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 POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION (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, Noncollusion Declaration, Designation of Subcontractors, Tech-nical 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 Specifications 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 incorporated 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 Insurance: $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employ-ees are additional insured. 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 for $375,000 or less shall be resolved in ac-cordance 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 in-cluded in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). 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 Gov-ernment 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. (8) 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: ____________________________________ Scott Chadwick / City Manager ATTEST: _______________________________________ Faviola Medina / 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: _________________________________ Deputy City Attorney
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LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. ___________________, adopted _______________________________________, has awarded to ________________________________________________________________________________ (hereinafter designated as the "Principal"), a Contract for: CARLSBAD POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION 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 perfor-mance 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 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 Contractor or his/her subcontractors 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 In-surance 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 Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unem-ployment 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 attorney'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. 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.
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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. Executed by CONTRACTOR this _________ day of ________________________, 20____. CONTRACTOR: _____________________________________ (name of Contractor) By:__________________________________ (sign here) _____________________________________ (print name here) _____________________________________ (title and organization of signatory) By:__________________________________ (sign here) _____________________________________ (print name here) _____________________________________ (title and organization of signatory)
Executed by SURETY this ____________ day of ___________________________, 20____. SURETY: _____________________________________ (name of Surety) _____________________________________ (address of Surety) _____________________________________ (telephone number of Surety) By: _____________________________________ (signature of Attorney-in-Fact) _____________________________________ (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: _______________________________________________ Deputy City Attorney
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FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.______________, adopted ________________________________________, has awarded to _____________________________________________________________________, (hereinafter designated as the "Principal"), a Contract for: CARLSBAD POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION 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 and firmly bound unto the City of Carlsbad, in the sum of _____________________________________________________________________ ______________________________________________________ Dollars ($________________), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; 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 alter-ation 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, in-curred 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.
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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. Executed by CONTRACTOR this _________ day of ___________________, 20____. CONTRACTOR: ____________________________________ (name of Contractor) By: _________________________________ (sign here) ____________________________________ (print name here) ____________________________________ (Title and Organization of Signatory) By: ____________________________________ (sign here) ____________________________________ (print name here) ____________________________________ (Title and Organization of signatory)
Executed by SURETY this ___________ day of _______________________________, 20____ SURETY: _______________________________________ (name of Surety) _______________________________________ (address of Surety) _______________________________________ (telephone number of Surety) By: ____________________________________ (signature of Attorney-in-Fact) _______________________________________ (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec-retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: _______________________________________________ Deputy 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 POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION 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. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
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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 ______City Manager ___________________ 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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GENERAL PROVISIONS FOR CARLSBAD POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION
CITY OF CARLSBAD
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”, "sched-uled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying 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 un-derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless 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 "ap-proved”, "approval”, "acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 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 furnish-ing 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 definitions assigned to them herein. Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul-letins 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, deletion, 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 Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 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 documen-tation 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 agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Stand-ard Plans, Standard 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 contrac-tor” 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 calendar’s days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection – The Construction Manager’s immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier – Street light assembly complete, including foundation, standard, luminaire arm, lumi-naire, etc. Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer – A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire – The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item – A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification – Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract.
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Notice of Award – The written notice by the Agency to the successful Bidder stating that upon compliance 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, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur-ther, such employees have their employment taxes, State disability insurance payments, State and Federal 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. 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. Project Inspector – The Engineer’s designated representative for inspection, contract admin-istration and first level for informal dispute resolution. 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 published 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, including 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, Refer-ence 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”.
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State – State of California. Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm water. 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 performance of obligations, and the exercise of rights, specifically imposed upon and granted to the 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 parties. 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 incurred. Tonne – Also referred to as “metric ton”. Represents a unit of measure in the International System of Units equal to 1,000 kilograms. 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 ease-ment. 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.
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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 Construction, 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 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
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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 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
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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 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
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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 parenthesis 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. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) ....................................................................................25.4 micrometer (µm) 1 inch (in) ..............................................................................................25.4 millimeter (mm) 1 inch (in) ..............................................................................................2.54 centimeter (cm) 1 foot (ft) ................................................................................................0.3048 meter (m) 1 yard (yd) .............................................................................................0.9144 meter (m) 1 mile (mi) .............................................................................................1.6093 kilometer (km) 1 square foot (ft2) ..................................................................................0.0929 square meter (m2) 1 square yard (yd2) ................................................................................0.8361 square meter (m2) 1 cubic foot (ft3) .....................................................................................0.0283 cubic meter (m3) 1 cubic yard (yd3) ..................................................................................0.7646 cubic meter (m3) 1 acre ....................................................................................................0.4047 hectare (ha) 1 U.S. gallon (gal) .................................................................................3.7854 Liter (L) 1 fluid ounce (fl. oz.) ..............................................................................29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) ...........................................................0.4536 kilogram (kg) 1 ounce mass (oz) .................................................................................0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................0.9072 Tonne (= 907 kg) 1 Poise ..................................................................................................0.1 pascal . second (Pa . s) 1 centistoke (cs) ....................................................................................1 square millimeters per second (mm2/s) 1 pound force (lbf) .................................................................................4.4482 Newton (N) 1 pounds per square inch (psi) .............................................................6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) .................................................................1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf).......................................................................1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ...............................................1.3558 Watt (W) 1 part per million (ppm) .........................................................................1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ........................................................................Degree Celsius (°C): °F = (1.8 x °C) + 32 ...............................................................................°C = (°F – 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (lm) 1 second (s)
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Common Metric Prefixes kilo (k) ....................................................................................................103
centi (c)..................................................................................................10-2
milli (m) ..................................................................................................10-3 micro (µ) ................................................................................................10-6 nano (n) .................................................................................................10-9 pico (p) ..................................................................................................10-12
1-5 SYMBOLS ∆ Delta, the central angle or angle between tangents ∠ Angle % Percent ‘ Feet or minutes “ Inches or seconds 1 Number / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line SECTION 2 – SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as pro-vided 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 Contract. 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 default. 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 construc-tion of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a por-tion 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 con-tractor’s total bid, or, in the case of bids or offers for the construction of streets or high-ways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.” “(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid.”
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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 proce-dures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent 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 50 percent of the contract price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the 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 determination of the City Council shall be final. 2-3.2 Self Performance. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract, 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 entire 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. 2-3.3 Status of Subcontractors. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. In addition to the requirements of 2-3.1, before the work of any Subcontractor is started, the Contractor shall submit to the Engineer or Contract Administrator for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 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 limitation 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 ac-companied 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.
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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. 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 execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 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 receiv-ing 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.
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2-5 SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carls-bad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contrac-tor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immedi-ately call it to the attention of the Engineer. 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) Change orders, whichever occurs last. 2) Contract addenda, whichever occurs last. 3) Technical Specifications 4) Contract 5) Carlsbad General Provisions, and Supplemental Provisions. 6) Standard Specifications for Public Works Construction, as amended. 7) Reference Specifications. 8) Manufacturers / Suppliers Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Specifications will take prece-dence over items 2) through 8) above. 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 Special Provisions, or when requested by the Engineer.
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Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from respon-sibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor 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 indi-cate 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 ac-companied 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 con-formance 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: ______________________________________________________________ 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 assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions.
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2-5.3.4 Supporting Information. Supporting information is information required by the Specifications 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 constructed 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 other-wise specified in the Special Provisions or directed by the Engineer. Supporting information for sys-tems 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. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Con-tract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 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.
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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 Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, pay-rolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contrac-tor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor 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 work-manship are in accordance with these specifications. Inspection of the Work shall not relieve the Con-tractor 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 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 Contrac-tor 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 quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limita-tion, 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 appropriate. 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 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
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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. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipu-lated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract 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 proceed 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. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 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 Specifica-tions 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 deter-mines 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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Nondirect 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 replace-ment 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” published 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. 3-3.2.3 Markup.
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(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 extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 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. 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
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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 happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engi-neer 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 Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Con-tractor 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 particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes addi-tional 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 affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently 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. 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
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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 here-inafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector
2. Construction Manager
3. Deputy City Engineer, Construction Management & Inspection
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs 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 Contractor’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 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 (commenc-ing 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 Regents 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 contract 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 writing
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to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's writ-ten 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 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claim-ant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (com-mencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to 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 disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing 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 arbitration.
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(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and 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. 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.
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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 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. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless oth-erwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained.
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Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the prod-uct from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the re-quirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer’s written certification that the materials to be supplied meet those re-quirements. Material test data may be required as part of the certification. 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. All scales and metering equipment used for proportion-ing materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 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). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as defined by these Specifi-cations or by the special provisions, required to accept the Work. Credible evidence is process obser-vations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative in-vestigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolu-tion process by committee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notifica-tion. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion,
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in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an ac-ceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written noti-fication and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the as-signable party, the Agency or the Contractor, shall bear all costs associated with the investi-gation. Should assignable causes for the contradiction extended to both parties, the investiga-tion will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will as-sign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investi-gative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quan-tity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. 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.
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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 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 com-mencement of work by the Contractor. When the Plans or Specifications indicate that a utility installa-tion is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference shall be pro-tected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation.
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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. 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.
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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. 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 five (5) calendar days after receipt of the "Notice to Proceed". 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 mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per 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 Con-struction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall pre-pare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a work-able plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Sched-ule shall include detail of all project phasing, staging, and sequencing, including all milestones neces-sary to define beginning and ending of each phase or stage. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4.
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6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Con-tractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and pri-vate, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 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 Con-struction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Con-tractor 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 corrections 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 required 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 sub-mitted as required hereinbefore and marked “Accepted” by the Engineer.
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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 submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 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 a CD-ROM, labeled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The sched-ule 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 impede full access of all data stored on it. 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. Each monthly update will include a chart showing individual tasks and their dura-tions arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Ac-cepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engi-neer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construc-tion 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 Con-tractor must resubmit the Updated Construction Schedule to the Engineer incorporating the correc-tions 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 receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the
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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 Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. 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 requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section “substantially different” means a time variance greater than 5 percent of the number of 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 Schedule. The Contractor’s preparation, revision and mainte-nance of the Construction Schedule are incidental to the work and no separate payment 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 deter-mines 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 backfill all exca-vations and restore to usefulness 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. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes the complete installation of all fifty-one (51) LPR cameras. 6-2.2.5 Weekend Work. Weekend work shall be performed by the Contractor if necessary. The
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Contractor may conduct removal work during hours of darkness. Installation of materials shall be performed only during the hours of work specified in Section 6-7 of these supplemental provisions. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meet-ings. 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 subcontractor 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. If discovery is made of items of archaeo-logical or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone imple-ments or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6.
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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 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.
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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. 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 equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and super-visor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore.
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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 calendar days. The Con-tractor shall diligently prosecute the work to completion within sixty (60) calendar days after the starting date specified in the Notice to Proceed. 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. No work involving shall be performed by the contractor on city recognized holidays. 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 per-formed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer will require after hours and weekend work on an interim basis to accomplish the LPR cameras installation work for (a) the police department and (b) other ancillary areas as required to complete the scope of work. The remaining work schedules for above work referenced in (b) will be at the Engineer's option.
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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 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 allowed 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 $1,000 dollars per day. 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 liquidated damages amount 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 com-pletion 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
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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. 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 require every employer to be insured against liability for workers’ compensation or to un-dertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance 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, grading 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. 7-6 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 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.
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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 dur-ing the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 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 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.
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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) Order 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 accordance with these regulations. The Notice of Intent (NOI) shall not be filed for the project. 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. 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.
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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. Vehicular access to residential driveways shall be maintained to the property line except when neces-sary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. 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. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. 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 limited 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. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses.
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Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impend-ing disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the con-struction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix “A”. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the con-tractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 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. 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, flagpersons, 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.
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After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the fol-lowing: 1) The Engineer.................................................................................. (760) 602-2720 2) Carlsbad Fire Department Dispatch................................................ (858) 756-3006 3) Carlsbad Police Department Dispatch............................................ (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937).................. (760) 438-2980 5) Carlsbad Traffic Signals Operations............................................... (760) 602-2730 6) North County Transit District.......................................................... (760) 966-6536 7) Waste Management........................................................................ (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s writ-ten approval prior to deviating from the requirements of 2) through, and including, 7) above. The Con-tractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 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 Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. 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 immediately 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 barricades 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 Con-tractor 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 that their message does not pertain to existing conditions. Care shall be used in performing excavation 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. Portable 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 rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as
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specified in CALTRANS “Standard Specifications”, except the sleeves shall be 7” long. Personal ve-hicles 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 vehicles 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. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and mate-rials to perform, install, maintain, replace and remove all traffic control as incidentals 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. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engi-neer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous sub-stances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Sec-tion 5194 of the California Code of Regulations shall be requested by the Contractor from the manu-facturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces.
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(a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administer-ing and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain pro-cedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Sec-tion 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required con-fined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 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, archi-tects, 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.
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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.” SECTION 9 – MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measure-ments or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planim-eter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections in-volved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster’s certificates showing actual net weights. The Agency will accept the certificates as evi-dence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 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 in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item.
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This schedule 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.” 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
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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 progress pay-ments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with 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.
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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 Accounting, 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 infor-mation 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 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. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not 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. The Contract lump-sum price paid for mobilization shall not exceed ten percent (10%) of the total proposal amount and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections 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 compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows:
May 10, 2022 Item #10 Page 121 of 128
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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 payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be al-lowed therefore. 9-3.4.1Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 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, general provisions, or technical provisions/specifications shall be considered as included in the bid items. Con-tractor 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, improve-ments, landscaping, irrigation systems, and vegetation at his expense.
May 10, 2022 Item #10 Page 122 of 128
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CITY OF CARLSBAD TECHNICAL SPECIFICATIONS
CARLSBAD POLICE DEPARTMENT FIXED LICENSE PLATE RECOGNITION (LPR) CAMERA INSTALLATION Section 01 11 00 – SUMMARY OF WORK
PART 1 GENERAL 1.1 PROJECT A. Provide all labor, materials, transportation, equipment, appliances, and services necessary for, and incidental to, the execution and completion of all work indicated in the Contract Documents for the LPR fixed camera installations in the project entitled: Carlsbad Police Department Fixed License Plate Recognition (LPR) Camera Installation Fixed LPR – Example of Installation 1. Communications Box example installation:
Flex Conduit/con-nectors: ½” liquid tight for 120VAC ¾” liquid tight for camera cat5 data cables
Metal banding (2) per Comms Box
May 10, 2022 Item #10 Page 123 of 128
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2. Camera example installation:
(M12 connectors are provided by Vigilant, City will make them available to contractor)
15-30ft outdoor rated cat5 cable per camera (runs through mast arm to Comms box. Pro-vided by Vigilant)
Metal banding (2) per camera
Weather tight ½” cable grip for cam-era cat5 cable. (1) per camera
Weather tight ½” cable grip for camera cat5 cable. (1) per camera
May 10, 2022 Item #10 Page 124 of 128
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3. Example complete installation:
Parts required to be provided by Contractor for installation:
- (2) 3/4" and (1) 1/2" liquidtite connectors with about 2' of flex conduit for each Comms box. 1/2" for 120VAC power,
3/4" for cat5/data cable to cameras.
- Metal banding & clips: (2) per Comms box and (2) per camera (simple banding is supplied but most contractors opt to
use their own banding rated for traffic poles).
- Cat5 metal cord connector: 1/2" for the cat 5 cable coming from the camera (taps into the mast arm). (1) per camera.
- 120VAC power: Copper cabling to pull 120VAC power from pole, into Comms box (lengths vary by installation type).
Cameras centered over lanes Camera Cat5 POE cable through mast arm to Comms box
Comms Box on Vertical pole
May 10, 2022 Item #10 Page 125 of 128
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Example part number/supplier list:
ITEM PART # SUPPLIER QTY. Approx. Cost
STAINLESS STEEL BANDING S-14377 ULINE 2 per cam/box $1/foot
STAINLESS STEEL BANDING CLIPS S-14378 ULINE 2 per cam/box .50 each
CAT 5 METAL CORD CONNECTOR LPCG503 ARLINGTON 1 per cam $2 each
1/2" FLEXIBLE CONDUIT LTCUA050GY LIQUIDTITE 2-3 ft. per box $1/foot
1/2" FLEXIBLE CONDUIT CONNECTOR NMLT50 ARLINGTON 1 per box $2 each
3/4" FLEXIBLE CONDUIT LTCUA075GY LIQUIDTITE 2-3 ft. per box $1/foot 3/4" FLEXIBLE CONDUIT CONNECTOR NMLT75 ARLINGTON 1 per box $3 each
UV TYE WRAPS DTP6 DOTTIE Varies .20 each
May 10, 2022 Item #10 Page 126 of 128
I
0
Exhibit 7
May 10, 2022 Item #10 Page 127 of 128
Memorandum
April 29, 2022
{'cicyof
Carlsbad
To: Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer
From: Cindy Anderson, Senior Management Analyst
Re: Request for Exemption to Bidding for the Purchase of License Plate Reader
Cameras from Vigilant Solutions
The purpose of this letter is to request authorization for an exemption to the bidding process per
Purchasing Code 3.28.110 (C) and (N}. This code provides a bidding exemption for items required
matching or being compatible with other goods, furnishings, materials or equipment previously
purchased by the city; and situations where solicitations of bids or proposals for goods, services
and/or professional services would be, in the discretion of the awarding authority, impractical,
unavailing, impossible, or not in the best interest of the city.
The police department is in the process of renewing our contract with Vigilant Solutions for our
85 automated license plate reader (LPR} cameras, with the potential of expanding the program
to 128 LPR cameras. City Council approved our initial purchase in 2017 with an expansion in 2018,
and we have been contracted with Vigilant for the past five years. The cameras have reached
their end-of-life cycle and need to be replaced, and our service contract, as well as our licensing
contract, will expire in June 2022.
The LPR software, Law Enforcement Archival Report Network (LEARN}, houses all our data from
the LPR program. Our cameras scan approximately 80,000,000 license plates a year. Vigilant is
the only vendor that has access to this data. Without a licensing contract with Vigilant, we will
lose access to all of our data that is contained within its system. Furthermore, Vigilant maintains
the world's largest LPR data sharing program and we currently receive data from 508 other
agencies who are contracted with Vigilant. This allows us to search for license plate information
within those agencies. Without access to Vigilant, we would also lose this capability which has
proven to be very effective in solving cases, especially when the suspect does not reside within
the City of Carlsbad. Vigilant also owns all the commercial data which is collected by private tow
companies and private businesses such as HOAs. Vigilant's Commercial Data is significant, with
over 16+ billion detections. These detections are critical to law enforcement investigators and
are only available through Vigilant.
LEARN is the only LPR database hosted in an Azure.gov environment that is Criminal Justice
Information Systems (CJIS} compliant. While license plate reader data inherently contains no
personal information, it is linkable through other sources or free text data fields that may enable
the end-user to input data that could be viewed as personally identifiable information (PII} or
Police Department
Crime Analysis Unit I 2560 Orion Way I Carlsbad, CA 92010 I 760-931-2197
May 10, 2022 Item #10 Page 128 of 128
Cindy Anderson
April 29, 2022
Page 2
Criminal Justice Information (CJI). Of greater relevance, law enforcement hotlist information,
such as National Crime Information Center (NCIC) data, is managed by Motorola law enforcement
customers and may contain CJI as defined in 4.1 of the CJIS Security Policy. For these reasons,
Motorola has voluntarily implemented CJIS security controls that are believed are necessary to
comply with the relevant sections.
Although there are competitors, no other vendor has as wide of a network as Vigilant and no
other vendor has access to the Carlsbad Police Department's existing data. Vigilant is the sole
manufacturer of the LPR cameras that were purchased by the Police Department and is the sole
provider of all the platforms that can access them.
Vigilant is providing the city with a high volume and returning customer discount of $540,147.
We would likely lose this discount in a competitive bid and pay a higher price for the same
equipment. Although other vendors may have a lower bid for their LPR cameras, it•may cost the
city more to replace the existing platforms and hardware in order to accommodate another
vendor's cameras. Additional justifications from Vigilant can be found on the attached letter.
The police department is requesting that the procurement of replacement LPR cameras, software
and licensing services be exempt from the bidding process as per Purchasing Code 3.28.110 (C)
and (N) and that the city procure these goods from Vigilant Solutions in the amount of $1,099,240
for 85 replacement cameras and $370,134 an additional 43 cameras, as per the attached
proposal.
Respectfully,
Cindy nderson
Senior Management Analyst
Approval for Exemption
~llW,\,t, flwi.dv...ustu-5/3/2022
Roxanne Muhlmeister Date
Assistant Finance Director/Purchasing Officer
Attachment:
c: Shea Sainz, Senior Contract Administrator
License Plate Reader
Program
Bryan Hargett, Captain
Police Department
Jeffery Smith, Lieutenant
Police Department
May 10, 2022
{city of
Carlsbad
TODAY’S PRESENTATION
•Overview
•Update on license plate reader program
•Privacy, audits, and compliance
•Community outreach
•Options
•Recommendations
{city of
Carlsbad
OVERVIEW
•In 2017, City Council approved the purchase and installation of 51 fixed license plate reader cameras
and 24 mobile license plate reader cameras, affixed to six marked police vehicles
•In 2018, City Council approved an expansion of the program, adding an additional 34 fixed LPR cameras
•The city currently has a total of 85 fixed LPR cameras and 24 mobile LPR cameras
{city of
Carlsbad
DIFFERENT WAYS TO USE LPR
Item #10 LPR PROGRAM
Real Time Response:
•Immediate notifications of stolen
vehicles or vehicles of interest
•Dispatch relays message to
officers who can quickly respond
by directing resources to the area
•Improves efficiency in addressing
crime trends and community
safety
•Provides real-time information
enhancing officer safety
Investigative Use:
•Search database for possible
suspect vehicles after a crime has
occurred
•Provide investigators leads to
locate missing persons and
persons at risk
•Hot-list vehicles for notification
•Hit and Run investigations
•Violent crimes; domestic
violence, restraining orders
{city of
Carlsbad
Occupied
recoveries
309
430
Vehicles
recovered470
Suspects
arrested 121
Unoccupied
recoveries
Item #10 LPR PROGRAM
REAL TIME RESULTS
--
{city of
Carlsbad
Item #10 LPR PROGRAM
License plate readers have helped solve these and
other types of cases:
•Homicides
•Sexual assaults
•Kidnappings
•Arsons
•Organized retail crimes
•Missing persons at risk
•Burglaries
INVESTIGATIVE USES
{city of
Carlsbad
PRIVACY, AUDITS, AND COMPLIANCE
The fixed cameras capture the rear plates only (no faces)
All data and images are only available to law enforcement
Policy 462 sets clear guidelines to manage LPR program
Policy 462 is in compliance with all applicable laws
Monthly and bi-annual audits are required by policy
Item #10 LPR PROGRAM
{city of
Carlsbad
Community Outreach
NEIGHBORHOOD
MEETINGS
SOCIAL
MEDIA
CITIZENS’
ACADEMY
m
{city of
Carlsbad
OPTION 1
Authorize the City Manager to enter a contract
with Vigilant Solutions for the replacement of the
city’s 85 fixed and 24 mobile license plate reader
cameras and execute an enterprise service
agreement in an amount not to exceed
$1,099,240.
Item #10 LPR PROGRAM
16
..
{city of
Carlsbad
OPTION 2
Authorize the City Manager to enter a contract
with Vigilant Solutions replacing the existing
cameras and expanding the license plate reader
program by purchasing an additional 43 fixed
cameras for a total of 128 fixed and 24 mobile
cameras and execute an enterprise service
agreement in an amount not to exceed
$1,469,374.
Item #10 LPR PROGRAM
\ \
'I.
I
~ ~.,,.... ~
{city of
Carlsbad
Item #10 LPR PROGRAM
STAFF RECOMMENDATION
Option 2:Authorize the City Manager to enter a
contract with Vigilant Solutions replacing the
existing cameras and expanding the license plate
reader program by purchasing an additional 43
fixed cameras for a total of 128 fixed and 24
mobile cameras and execute an enterprise service
agreement in an amount not to exceed
$1,469,374.
{city of
Carlsbad