HomeMy WebLinkAboutQuality Construction & Engineering Inc; 2024-08-13; PWS24-2386TRAN
00 01 01 TITLE PAGE Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
CITY OF CARLSBAD
CONTRACT DOCUMENTS
FOR:
TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD,
PLUM TREE ROAD AND CARRILLO WAY
Project No. 6070
PWS24-2386TRAN
1635 Faraday Ave, Carlsbad, CA 92008
Email: PWContractAdmin@carlsbadca.gov
00 11 10 NOTICE INVITING BIDS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
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Table of Contents
SECTION 1 .................................................................................................................................... 7
00 11 10 NOTICE INVITING BIDS .................................................................................................. 7
1. RECEIPT OF BIDS. ................................................................................................................. 7
2. DESCRIPTION OF WORK. ...................................................................................................... 7
3. COMPLETION OF WORK. ..................................................................................................... 7
4. OPENING AND AWARD OF BIDS. ......................................................................................... 7
5. PERIOD FOR AWARD. ........................................................................................................... 7
6. BIDDER QUALIFICATIONS..................................................................................................... 8
7. PRE-BID CONFERENCE. ........................................................................................................ 8
8. OBTAINING CONTRACT DOCUMENTS. ................................................................................ 8
9. BID GUARANTEE AND BONDS. ............................................................................................ 8
10. PREVAILING WAGE RATES AND LABOR COMPLIANCE. ..................................................... 9
11. PROJECT ADMINISTRATION/QUESTIONS. ......................................................................... 9
00 21 10 INSTRUCTIONS TO BIDDERS ........................................................................................ 10
1. SECURING CONTRACT DOCUMENTS. ................................................................................ 10
2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS. .................................................... 10
3. INTERPRETATION OF DRAWINGS AND DOCUMENTS. ...................................................... 11
4. QUESTIONS. ....................................................................................................................... 11
5. PRE-BID CONFERENCE. ...................................................................................................... 11
6. ADDENDA. .......................................................................................................................... 12
7. ALTERNATE BIDS. ............................................................................................................... 12
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8. COMPLETION OF BID FORMS. ........................................................................................... 13
9. GOVERNING GENERAL PROVISIONS. ................................................................................. 13
10. MODIFICATIONS OF BIDS. ................................................................................................ 14
11. BID GUARANTEE. ............................................................................................................. 14
12. LABOR & MATERIAL BOND & PERFORMANCE & WARRANTY BOND REQUIREMENTS. .. 15
13. SUBSTITUTION OF SECURITY. .......................................................................................... 15
14. OPTIONAL ESCROW FOR SECURITY DEPOSIT. ................................................................. 15
15. INSURANCE REQUIREMENTS. .......................................................................................... 15
16. LICENSING REQUIREMENTS. ............................................................................................ 16
17. SUBCONTRACTORS. ......................................................................................................... 17
18. BIDDER INFORMATION AND EXPERIENCE FORM. ........................................................... 18
19. NON-COLLUSION AFFIDAVIT. .......................................................................................... 18
20. IRAN CONTRACTING ACT OF 2010. .................................................................................. 18
21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION. ..................................... 18
22. PREVAILING WAGES. ........................................................................................................ 19
23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS. ............................................ 19
24. SIGNING OF BIDS. ............................................................................................................ 20
25. SUBMISSION OF SEALED BIDS. ........................................................................................ 20
26. OPENING OF BIDS. ........................................................................................................... 21
27. WITHDRAWAL OF BID. ..................................................................................................... 21
28. BIDDERS INTERESTED IN MORE THAN ONE BID. ............................................................. 22
29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES. ........................ 22
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30. PERMIT AND INSPECTION FEE ALLOWANCE. .................................................................. 22
31. BASIS OF AWARD; BALANCED BID. .................................................................................. 22
32. AWARD PROCESS. ............................................................................................................ 23
33. EXECUTION OF CONTRACT. ............................................................................................. 23
34. BUSINESS LICENSE ........................................................................................................... 23
35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES. .............................. 23
36. USE OF RECYCLED MATERIALS ......................................................................................... 23
37. STATUTORY REFERENCES ................................................................................................ 23
00 41 00 BID FORM .................................................................................................................... 24
1. BID SCHEDULE ................................................................................................................ 25
2. TOTAL BID PRICE ............................................................................................................ 25
3. RECITALS ........................................................................................................................ 26
00 43 10 BID BOND FORM ......................................................................................................... 32
00 43 20 BID SECURITY............................................................................................................... 34
00 43 30 PROPOSED SUBCONTRACTORS FORM ........................................................................ 35
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM ....................................................... 37
1. INFORMATION ABOUT BIDDER ...................................................................................... 37
2. LIST OF CURRENT PROJECTS (BACKLOG) ....................................................................... 37
3. VERIFICATION AND EXECUTION ..................................................................................... 43
00 45 10 NON-COLLUSION AFFIDAVIT ....................................................................................... 44
00 45 15 IRAN CONTRACTING ACT CERTIFICATION ................................................................... 45
00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION .................................. 46
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00 45 25 CERTIFICATE OF INSURANCE ....................................................................................... 47
00 45 30 STATEMENT REGARDING DEBARMENT ...................................................................... 48
00 45 35 DISCLOSURE OF DISCIPLINE RECORD .......................................................................... 49
00 52 00 CONTRACT ................................................................................................................... 51
00 61 10 LABOR AND MATERIALS BOND ................................................................................... 55
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND .................................................... 58
00 61 30 OPTIONAL ESCROW AGREEMENT ............................................................................... 62
SPECIAL PROVISIONS .................................................................................................................. 65
PART 1 GENERAL PROVISIONS ................................................................................................... 65
PART 2 CONSTRUCTION MATERIALS ....................................................................................... 169
SECTION 200 – ROCK MATERIALS ............................................................................................ 169
SECTION 201 – CONCRETE, MORTAR AND RELATED MATERIALS ........................................... 170
SECTION 203 – BITUMINOUS MATERIALS ............................................................................... 171
SECTION 206 – MISCELLANEOUS METAL ITEMS ...................................................................... 176
SECTION 207 – GRAVITY PIPE .................................................................................................. 181
SECTION 211 – MATERIAL TESTS ............................................................................................. 181
SECTION 216 – PRECAST REINFORCED CONCRETE BOX .......................................................... 182
SECTION 217 – BEDDING AND BACKFILL MATERIALS .............................................................. 182
PART 3 CONSTRUCTION METHODS ......................................................................................... 183
SECTION 300 – EARTHWORK ................................................................................................... 183
300-12 STORM WATER POLLUTION PREVENTION PLAN .................................................... 185
SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF BASE
MATERIALS ............................................................................................................................... 186
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301-1 SUBGRADE PREPARATION. ........................................................................................ 186
SECTION 302 - ROADWAY SURFACING .................................................................................... 187
SECTION 303 CONCRETE AND MASONRY CONSTRUCTION ..................................................... 189
SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION ...................................................... 191
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT
MARKERS .................................................................................................................................. 191
PART 4 EXISTING IMPROVEMENTS .......................................................................................... 194
SECTION 400 – PROTECTION AND RESTORATION ................................................................... 194
SECTION 401 – REMOVAL ........................................................................................................ 194
SECTION 402 – UTILITIES .......................................................................................................... 195
SECTION 403 - MANHOLE ADJUSTMENT AND RECONSTRUCTION .......................................... 195
SECTION 404 – COLD MILLING ................................................................................................. 195
PART 6 TEMPORARY TRAFFIC CONTROL .................................................................................. 196
SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE
WORK ZONES ........................................................................................................................... 196
PART 8 LANDSCAPING AND IRRIGATION ................................................................................. 197
SECTION 800 – MATERIALS ...................................................................................................... 197
SECTION 801 – INSTALLATION ................................................................................................. 197
SECTION 803 – BONDED FIBER MATRIX STABILIZATION ......................................................... 213
SECTION 2 ................................................................................................................................ 214
01 11 00 SUMMARY OF WORK ................................................................................................ 214
PART 1 GENERAL .................................................................................................................. 214
01 11 20 MEASUREMENT AND PAYMENT ............................................................................... 215
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PART 1 GENERAL .................................................................................................................. 215
PART 2 PRODUCTS (NOT USED) ........................................................................................... 224
PART 3 EXECUTION (NOT USED) .......................................................................................... 224
PART 1 CONSTRUCTION MANAGEMENT SOFTWARE .......................................................... 225
01 32 00 SUBMITTALSPART 1 GENERAL .............................................................................. 226
PART 2 PRODUCTS (NOT USED) ........................................................................................... 232
PART 3 EXECUTION (NOT USED) .......................................................................................... 232
01 33 00 CONSTRUCTION PROGRESS SCHEDULE .................................................................... 233
PART 1 GENERAL .................................................................................................................. 233
PART 2 EXECUTION .............................................................................................................. 233
01 41 26 PERMIT REQUIREMENTS ........................................................................................... 239
PART 1 GENERAL .................................................................................................................. 239
PART 2 PRODUCTS (NOT USED) ........................................................................................... 242
PART 3 EXECUTION (NOT USED) .......................................................................................... 242
01 50 00 TEMPORARY FACILITIES AND CONTROLSPART 1 GENERAL .................................. 243
PART 2 PRODUCTS (NOT USED) ........................................................................................... 248
PART 3 EXECUTION (NOT USED) .......................................................................................... 248
ATTACHMENTS
A – CARB Fleet Compliance Certification
00 11 10 NOTICE INVITING BIDS Date Printed: March 29, 2024
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SECTION 1
00 11 10 NOTICE INVITING BIDS
1. RECEIPT OF BIDS.
The City of Carlsbad / Carlsbad Municipal Water District (“Agency”) will accept Bids via electronic
format via the City of Carlsbad Electronic Bidding Site up to and no later than MAY 1, 2024 at 11
a.m. through the online bidding portal (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov))
for the construction of the Work entitled:
TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD & CARRILLO WAY
PWS24-2386TRAN
Project No. 6070
2. DESCRIPTION OF WORK.
The Work includes the provision of all equipment, labor, materials, tools, services,
transportation, permits, utilities, and all other items necessary to complete the construction of
the following, as specified and shown in the Construction Documents: installation of asphalt
speed cushions, associated signage and striping and construction curb extensions as shown on
the plans.
The Work Site is located Park Drive, Black Rail Road, Plum Tree Road and Carrillo Way in the City
of Carlsbad, in the County of San Diego, California.
3. COMPLETION OF WORK.
The Contract Time is established as sixty (60) working days. The Contract Time shall begin on the
date of receipt of the Notice to Proceed.
The Engineers’ estimate for this Project is $250,000.
4. OPENING AND AWARD OF BIDS.
Agency shall consider awarding the Contract for the Project to the lowest, responsive,
responsible Bidder as determined by the Agency from the base Bid alone. The Agency has the
right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the
Bidding process.
5. PERIOD FOR AWARD.
A period of ninety (90) Calendar Days from the time of Bid opening may be required to award the
Contract. No Bidder may withdraw its Bid or Bid Guarantee during this period. Bidders shall
assume full responsibility for their Bid Price during this period and shall make certain that such
delay does not restrict the Bid Guarantee.
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6. BIDDER QUALIFICATIONS.
Bidders shall be licensed contractors pursuant to Business and Professions Code Sections 7000 et
seq. under the classification of A – General Engineering, as of the date of submittal of the Bid
Documents and shall maintain such license until final acceptance of the Work. Additional
qualifications are included in the Contract Documents. Bidders are advised of the minimal
qualifications, certifications, and years of experience requirements for specific items of work
specified in the technical specifications.
7. PRE-BID CONFERENCE.
The Agency will not conduct a pre-Bid Conference.
8. OBTAINING CONTRACT DOCUMENTS.
Bidders may obtain a copy of the Contract Documents from Agency’s website (Contracting &
Purchasing | Carlsbad, CA (carlsbadca.gov)). To the extent required by Public Contract Code
Section 20103.7, upon request from a contractor plan room service, the Agency shall provide an
electronic copy of the Contract Documents at no charge to the contractor plan room. It is the
responsibility of each prospective Bidder to download and print all Bid Documents for review and
to verify the completeness of Bid Documents before submitting a Bid. All Addenda will be posted
on the online bidding portal. It is the responsibility of each prospective Bidder to check the online
bidding portal on a daily basis through the close of the bidding period for any applicable Addenda.
The Agency does not assume any liability or responsibility for any defective or incomplete
copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information
on the online bidding portal may change without notice to prospective Bidders. The Contract
Documents shall supersede any information posted or transmitted by the online bidding portal.
No time extensions or other consideration will be given for non-receipt or other circumstance
associated with the review or acquisition of Contract Documents. Bids must be submitted on the
Agency’s Bid Forms in the Contract Documents.
9. BID GUARANTEE AND BONDS.
Each Bid shall be accompanied by cash, a certified or cashier’s check or Bid Bond secured from a
surety company satisfactory to the Agency, the amount of which shall not be less than 10% of
the submitted Total Bid Price, made payable to the Agency as bid security. The bid security shall
be provided as a guarantee that within 10 Working Days after the Agency provides the successful
bidder the Notice of Award, the successful Bidder will enter into a contract and provide the
necessary bonds and certificates of insurance. The bid security will be declared forfeited if the
successful Bidder fails to comply within these 10 Working Days. No interest will be paid on funds
deposited with the Agency.
All Bidders must upload Bidder’s Bond to the online bidding portal. The original Bid Bond for the
3 apparent low Bidders must be submitted to the city within 2 Business Days of Bid opening.
The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and
Material Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the
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forms set forth in the Contract Documents, shall be secured from a surety company that meets
all State of California bonding requirements, as defined in Code of Civil Procedure Section
995.120, and that is a California admitted surety insurer. Pursuant to Public Contract Code
Section 22300, the successful Bidder may substitute certain securities for funds withheld by
Agency to ensure its performance under the Contract.
10. CALIFORNIA AIR RESOURCES BOARD ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty
package delivery vehicles operated in California may be subject to the California Air Resources
Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to
requirements to reduce emissions of air pollutants. For more information, please see Attachment
A and visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-
work/programs/advanced-clean-fleets.
11. PREVAILING WAGE RATES AND LABOR COMPLIANCE.
This Project is subject to prevailing wages and labor compliance per the Labor Code. To this end,
Bidder shall sign and submit with its Bid the California Department of Industrial Relations (DIR)
Public Works Contractor Registration Certification on the form 00 45 00 provided. Failure to
submit this form may render the bid non-responsive. In addition, each Bidder shall provide the
registration number for each listed Subcontractor in the space provided in the Proposed
Subcontractors form. In bidding this Project, it shall be the Bidder’s sole responsibility to evaluate
and include the cost of complying with all labor compliance requirements under this Contract
and applicable law in its Bid. A copy of the prevailing wage rates may be obtained via the internet
at: www.dir.ca.gov/dlsr/.
12. PROJECT ADMINISTRATION/QUESTIONS.
Requests for Information (RFI) or interpretations of Bid Documents during the bid period shall be
submitted via Online Q&A in the online bidding portal.
The cutoff date and time to submit questions or substitution request regarding this Project via
Online Q&A in the online bidding portal is April 18, 2024, at 5 p.m. No questions will be
entertained after that date.
The answers to questions submitted during the bidding period will be published in an addendum
and provide to those bidding on the Project no later than April 25, 2024.
For further information, see the online bidding portal.
END OF SECTION
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: March 29, 2024
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00 21 10 INSTRUCTIONS TO BIDDERS
1. SECURING CONTRACT DOCUMENTS.
Bids must be submitted to the Agency on the Bid Forms which are a part of the Contract
Documents for the Project. The Contract Documents may be obtained from the Agency’s online
bidding portal (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov)). Prospective bidders
are encouraged to communicate with the Agency well in advance of the date and time bids are
due to the Agency (“Bid Submission Deadline”) to determine the availability of Contract
Documents.
The Agency may also make the Contract Documents available for review at one or more plan
rooms. Prospective Bidders who choose to review the Contract Documents at a plan room must
contact the Agency to obtain the required Contract Documents if they decide to submit a Bid for
the Project.
Addenda will be posted on the online bidding portal. Failure to acknowledge all Addenda may
make a Bid nonresponsive and ineligible for award of the Contract. Bidders are advised to verify
the issuance of all Addenda and receipt of them 1 Working Day prior to bidding. Failure to
acknowledge all Addenda may make a Bid nonresponsive and ineligible for award of the Contract.
2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS.
At its own expense and before submitting its Bid, each Bidder shall visit the Site of the proposed
Work and fully acquaint itself with the conditions relating to the construction and labor required
so that the Bidder may fully understand the Work, including but not limited to, difficulties and
restrictions attending the execution of the Work under the Contract. Each Bidder shall carefully
examine the Drawings, and shall read the Specifications, Contract Documents, and all other
referenced documents. Each Bidder shall also determine the local conditions which may in any
way affect the performance of the Work, including local tax structure, contractors’ licensing
requirements, availability of required insurance, the prevailing wages and other relevant cost
factors. Each Bidder shall also familiarize itself with all federal, state and local laws, ordinances,
rules, regulations and codes affecting the performance of the Work, including the cost of permits
and licenses required for the Work, and shall make such surveys and investigations, including
investigations of subsurface or latent physical conditions at the Site or where Work is to be
performed as may be required. Bidders are responsible for consulting the standards referenced
in the Contract. The failure or omission of any Bidder to receive or examine any contract
documents, forms, instruments, addenda, or other documents, or to visit the Site and acquaint
itself with conditions there existing shall in no way relieve any Bidder from any obligation with
respect to its Bid or to the Contract and no relief for error or omission will be given except as
required under California law. The submission of a Bid shall be taken as conclusive evidence of
compliance with this Section.
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3. INTERPRETATION OF DRAWINGS AND DOCUMENTS.
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or
other parts of the Contract Documents, or discrepancies in or omissions from the Drawings and
Specifications, may promptly submit a written request for information, interpretation,
clarification, or correction (“RFI”) to the Bid Administrator, the Agencies designated
representative for soliciting and conducting bids on the Agencies online ebidding portal. (defined
below). The Agency may not respond to RFIs submitted past the Q&A Submission Deadline. The
Bidder submitting the RFI is responsible for prompt delivery to the Bid Administrator.
Responses to RFIs will be made only by duly issued written Addenda. The Agency shall not provide
verbal responses to RFIs. Copies of written Addenda will be posted on the online bidding portal
for each prospective Bidder who has downloaded a set of Contract Documents. The Agency will
not be responsible for any other explanation or interpretations of the Drawings, Specifications or
other parts of the Contract Documents. If any Prospective Bidder becomes aware of any errors
or omissions in any part of the Contract Documents, the Prospective Bidder must promptly notify
the Agency of such error or omission.
Before 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 Agency
except as otherwise specified in these Instructions to Bidders. No bidder may rely on verbal
directions given by any agent, employee or contractor of the Agency except as specified in these
Instructions to Bidders.
4. QUESTIONS.
Questions regarding this Project must be submitted through the online ebidding portal.
Questions shall be definite and certain, and shall reference applicable drawing sheets, notes,
details or specification sections. The deadline to submit questions is identified in the Notice
Inviting Bids. Questions received after the deadline may not be answered. Responses to
questions submitted during the bidding period will be published in an Addendum and provided
to those bidding on the Project no later than the date specified in the Notice Inviting Bids.
Except for the Agency’s Bid Administrator, no other members of the Agency’s staff or Board
should be contacted about this procurement during the bidding process. All inquiries and
comments from Prospective Bidders regarding a proposed Bid must be communicated in writing,
unless otherwise instructed by the Agency. The Agency may, in its sole discretion, disqualify any
Prospective Bidder who engages in any prohibited communications.
5. PRE-BID CONFERENCE.
The Notice Inviting Bids shall state whether a Pre-Bid Conference will be held and, if so, whether
attendance is mandatory. Bids will not be accepted from any bidder who did not attend a
Mandatory Pre-Bid Conference. The Conference will commence at the specified start time and
the Site visit will begin at the conclusion of the Conference. Prospective Bidders who arrive late
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and who do not sign the “Sign-In” or attendance sheet, may be disqualified from the bidding
process.
Representatives of the Agency and its consultants, if any, will be present to the extent possible.
Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the
Contract Documents shall be answered in writing and shall be sent to all Bidders present at the
Pre-Bid Conference.
A Pre-Bid Conference may include a Project Site visit. Personal Protective Equipment (PPE) is
required of all Job Walk attendees. Attendees are required to wear closed toe shoes, long pants,
no sleeveless shirts, safety glasses (may be prescription with side shields if in process areas),
safety vests and hard hats. Only those possessing such attire will be allowed on the Job Site. The
Agency will not provide personal protective equipment to Job Walk attendees.
6. ADDENDA.
The Agency may revise the Contract Documents before the Bid Submission Deadline. Revisions,
if any, shall be made by written Addenda. All Addenda will be posted on the online bidding portal.
All Addenda issued by the Agency shall be acknowledged by the Bidder on the online bidding
portal and made part of the Contract Documents. The Bidder shall acknowledge the Addenda
before submitting its Bid. Bidders are responsible for the receipt of all Addenda. The Agency may
reject a Bid if the Bidder fails to acknowledge all Addenda.
Pursuant to Public Contract Code Section 4104.5, if the Agency issues an Addendum which
includes material changes to the Project less than 72 hours before the Bid Submission Deadline,
the Agency will extend the Bid Submission Deadline by no less than 72 hours. The Agency may
determine, in its sole discretion, whether an Addendum warrants postponement of the Bid
Submission Deadline.
7. ALTERNATE BIDS.
If alternate Bid items are called for in the Notice Inviting Bids and the Contract Documents, the
time required for completion of the Work for the alternate Bid items is factored into the Contract
duration and no additional Contract time will be awarded. The Agency may elect to include one
or more of the alternate Bid items, or to otherwise remove certain work from the Project scope
of work. Accordingly, each Bidder must ensure that each Bid item contains a proportionate share
of profit, overhead, and other costs or expenses which will be incurred by the Bidder.
If the Agency utilizes alternate Bid items as described above, the Notice Inviting Bids will prescribe
predetermined criteria for the Bid package selection or a selection process in which price
information and Bidder identities are not revealed to the Agency before the Bid Submission
Deadline.
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8. COMPLETION OF BID FORMS.
Bids shall only be prepared using the Bid Forms which are included in the Contract Documents.
The use of substitute Bid Forms other than legible and correct photocopies of those provided by
the Agency are prohibited. Bids shall be executed by an authorized signatory as described in these
Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A”
where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders
shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make
substitutions thereon. Use of black or blue ink, indelible pencil, or a typewriter is required.
Deviations from these instructions may result in the Bid being deemed non-responsive.
The following documents must be completed and properly executed including notarization,
where indicated, and submitted as a part of the complete Bid Package:
1. Bid Form (00 41 00)
2. Bid Bond (00 43 10) or Bid Security (00 43 20) with check/cash
3. Proposed Subcontractors Form (00 43 30)
4. Bidder Information and Experience Form (00 43 40)
5. Non-Collusion Affidavit (00 45 10)
6. Iran Contracting Act Certification (00 45 15)
7. Public Works Contractor Registration Certification (00 45 20)
8. Certificate of Insurance (00 45 25)
9. Statement Regarding Debarment (00 45 30)
10. Disclosure of Discipline Record (00 45 35)
11. CARB Fleet Compliance Certification (Attachment A)
12. Acknowledgement of ALL Addenda on the online bidding portal.
13. Optional Escrow Agreement, as applicable (00 61 30)
All Bids shall be computed on the basis of the given estimated quantities of work, as indicated in
the Bid, multiplied by the unit price as submitted by the Bidder.
When paper copies are submitted, all prices must be written 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.
9. GOVERNING GENERAL PROVISIONS.
The Specifications contained in the Agency Supplemental General Provisions (00 73 00) take
precedence over the specification language contained in the Standard Specifications for Public
Works Construction, “the Greenbook” latest edition and all errata. The Supplemental General
Provisions address the unique conditions in the City of Carlsbad that are not addressed in the
Greenbook. Therefore, if there is a conflict between the two, the Supplemental Provisions shall
control over the Greenbook.
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The Greenbook may be purchased at Bidder’s/Contractor’s local technical bookstore, online or
directly from the publisher. The Supplemental Provisions are available only for download from
the online bidding portal with Contract Documents. The Agency does not provide hard copies.
10. MODIFICATIONS OF BIDS.
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract
Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions,
or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders
shall not delete, modify, or supplement the printed matter on the Bid Forms, or make
substitutions thereon. Oral, telephonic, and electronic modifications will not be considered.
11. BID GUARANTEE.
Each Bid shall be accompanied by: (a) a cashier’s check; or, (b) a certified check made payable to
Agency; or, (c) a Bid Bond secured from a surety company satisfactory to the Board, the amount
of which shall not be less than 10% of the total bid price, made payable to Agency as bid security.
Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall
be a California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120.
The bid security shall be provided as a guarantee that within 10 Working Days after the Agency
provides the successful Bidder the Notice of Award, the successful Bidder will enter into a
contract and provide the necessary bonds and certificates of insurance. The bid security may be
declared forfeited if the successful Bidder fails to enter into a contract and provide the necessary
bonds and certificates of insurance. Any Bid received that does not comply with these Bid
Guarantee instructions may be rejected as non-responsive, and Agency may enter into a contract
with the next lowest, responsive, responsible Bidder, or may call for new Bids. No interest shall
be paid on funds deposited with the Agency. Copies of Bid Bonds submitted to the Agency shall
have the same force and effect as the original.
The Bidder’s security of the second and third next lowest responsive Bidders may be withheld
until the Contract has been fully executed. The security submitted by all other unsuccessful
Bidders shall be returned to them, or deemed void, within 10 Working Days after the Contract is
awarded.
The proceeds of the Bidder’s security may also become property of the Agency if the Bidder
withdraws its Bid within 15 Calendar Days after the Bid opening date, unless otherwise required
by law, including Public Contract Code Section 5100 et. seq., and notwithstanding the award of
the Contract to another Bidder.
The Bidder shall submit Bid Bond (00 43 10) or Bid Security (00 43 20) with properly certified
check with the Bid Package.
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 15
12. LABOR & MATERIAL BOND AND PERFORMANCE & WARRANTY BOND
REQUIREMENTS.
The successful Bidder shall furnish Agency with a Labor and Material Payment Bond and a
Performance and Warranty Bond, each in an amount equal to 100% of the Contract price. Each
bond shall be secured from a surety company that meets all State of California bonding
requirements, as defined in Code of Civil Procedure Section 995.120 and is admitted by the State
of California, and whose assets exceed their liabilities in an amount equal to or in excess of the
amount of the bond. The Agency shall not accept personal sureties and unregistered surety
companies. Each bond shall be accompanied, upon the request of Agency, with all documents
required by Code of Civil Procedure Section 995.660 to the extent required by law. All bonding
and insurance requirements shall be completed and submitted to Agency within 10 Working Days
from the date the Agency provides the successful Bidder with the Notice of Award.
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 Agency until they are released as stated in the
Contract. The Bonds are to be accompanied by an original, or a certified copy, of the unrevoked
appointment, power of attorney, by laws, or other instrument entitling or authorizing the person
who executed the bond to do so.
13. SUBSTITUTION OF SECURITY.
The Contract Documents call for monthly progress payments based upon the percentage of the
Work completed. The Agency will retain a percentage of each progress payment as provided by
the Contract Documents. At the request and expense of the successful Bidder, the Agency will
substitute securities for the amount so retained in accordance with Public Contract Code Section
22300.
14. OPTIONAL ESCROW FOR SECURITY DEPOSIT.
Pursuant to applicable provisions of law (i.e., Public Contract Code Section 10263), appropriate
securities may be substituted for any obligation required by these instructions or for any monies
withheld by the Agency to ensure performance under the Contract. Public Contract Code Section
10263 requires monies or securities to be deposited with the Agency 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.
15. INSURANCE REQUIREMENTS.
Before commencing the Work, the successful Bidder shall purchase and maintain insurance as
set forth in the Agency General Conditions. If the Bid is accepted, and if requested by the Agency,
Contractor shall provide Agency or preferred vendor copies of the insurer’s most recent annual
statement and quarterly statement filed with the Department of Insurance pursuant to Insurance
Code Section 900 et seq. within 10 Calendar Days of the insurer’s receipt of a request to submit
the statements.
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 16
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the
payment of compensation to its employees. Contractor shall sign and file with the Agency the
following certificate before performing the Work under the Contract:
I am aware of the provisions of Labor Code Section 3700, which require every employer
to be insured against liability for workers’ compensation or to undertake 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 the Contract.
The form of such, Certificate of Insurance (00 45 25), shall be submitted as a part of the Bid
Package.
Insurance must be placed with insurers that:
1. Have a rating in the most recent Best’s Key Rating Guide of at least A-:VII, or
2. Appear on the List of Approved Surplus Line Insurers, (“LASLI”) with a Best’s Key Rating
Guide of at least A: X.
3. Are admitted to conduct the business of insurance in the State of California by the
Insurance Commissioner.
4. Otherwise comply with all other aspects of City Council Policy No. 70.
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 may be waived.
The Agency 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 the insurance shall be included in the Bid price.
The award of the Contract by the Board is contingent upon the Contractor submitting the
required bonds and insurance, as described in the Contract Documents, within 10 Working Days
of bid opening. If the Contractor fails to comply with these requirements, the Agency may award
the Contract to the second or third lowest Bidder and the bid security of the lowest Bidder may
be forfeited.
16. LICENSING REQUIREMENTS.
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section
3300, all Bidders must possess proper licenses for performance of the Contract. Subcontractors
must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and
Professions Code Section 7028.5, the Agency shall consider any Bid submitted by a contractor
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 17
not currently licensed in accordance with California law and pursuant to the requirements found
in the Contract Documents to be nonresponsive, and the Agency shall reject the Bid. The Agency
shall have the right to request, and Bidders shall provide within 10 Calendar Days, evidence
satisfactory to the Agency of all valid license(s) currently held by that Bidder and each of the
Bidder’s Subcontractors, before awarding the Contract.
Notwithstanding anything contained in this Contract, if the Work involves federal funds, the
Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the
provisions of Public Contract Code Section 20103.5.
17. SUBCONTRACTORS.
Bidder shall set forth the name, address of the place of business, and contractor license number
of each Subcontractor who will perform work, labor, furnish materials or render services to the
bidder on the Contract. This requirement includes each Subcontractor licensed by the State of
California who, under subcontract to Bidder, specially fabricates and installs a portion of the
Work described in the Drawings and Specifications in an amount in excess of one-half of one
percent (0.5%) of the total Bid price. Additionally, the Bidder shall indicate the portion of the
Work to be done by each Subcontractor in accordance with Public Contract Code Section 4104.
Bidder shall submit Proposed Subcontractors Form (00 43 30) with the Bid Package.
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 performance by forces
other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of
work that may be so designated on the Proposed Subcontractors Form (00 43 30) “Contractor’s
Bid” will not be included in computing the percentage of work proposed to be performed by the
Bidder.
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 the 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 the item.
When the Bidder proposes to use a Subcontractor to construct or install less than 100 percent of
a Bid item, the Bidder shall attach an explanation sheet to the Proposed Subcontractor Form (00
43 30). The explanation sheet shall clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the Work with its own forces.
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 18
Determination of the subcontract amounts for purposes of award of the Contract shall be
determined by the Board in conformance with the provisions of the Contract Documents. The
decision of the Board 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 Section 1771.1 or
1777.7.
Bidders shall make copies of the disclosure forms as may be necessary to provide the required
information to Subcontractors. The page number and total number of additional form pages shall
be entered in the location provided on each type of form so duplicated.
18. BIDDER INFORMATION AND EXPERIENCE FORM.
Each Bidder shall complete the provided questionnaire and shall submit the questionnaire along
with its Bid. Failure to provide all information requested within the questionnaire along with the
Bid may cause the Bid to be rejected as non-responsive. The Agency may reject any Bid if an
investigation of the information submitted does not satisfy the Agency that the Bidder is qualified
to properly carry out the terms of the Contract.
The Bidder shall submit Bidder Information and Experience Form (00 43 40) with the Bid Package.
19. NON-COLLUSION AFFIDAVIT.
Bidders on all public works contracts are required to submit an affidavit of non-collusion with
their Bid. This form (00 45 10 Non-Collusion Affidavit) is included with the Bid Package and must
be signed and dated under penalty of perjury.
20. IRAN CONTRACTING ACT OF 2010.
In accordance with Public Contract Code Section 2200 et seq., the Agency requires that any
person that submits a bid or proposal or otherwise proposes to enter into or renew a contract
with the Agency with respect to goods or services of $1,000,000 or more, certify at the time the
bid is submitted or the contract is renewed, that the person is not identified on a list created
pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in
investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5,
or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
The form of such Iran Contracting Certificate is included with the Bid Package and must be signed
and dated under penalty of perjury.
21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION.
Pursuant to Labor Code Section 1773, the Agency has obtained the prevailing rate of per diem
wages and the prevailing wage rate for holiday and overtime work applicable in San Diego County
from the Director of the Department of Industrial Relations for each craft, classification, or type
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 19
of worker needed to execute this Contract. A copy of these prevailing wage rates may be
obtained via the internet at www.dir.ca.gov/dlsr/.
In addition, a copy of the prevailing rate of per diem wages is available at the Agency and shall
be made available to interested parties upon request. The successful Bidder shall post a copy of
the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the
Contract is awarded, and upon any Subcontractors, to comply with all Labor Code provisions,
which include but are not limited to the payment of not less than the specified prevailing wage
rates to all workers employed by them in the execution of the Contract, employment of
apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish
to bid on, be listed in a bid, or enter into a contract to perform public work must be registered
with the Department of Industrial Relations. No bid will be accepted nor any contract entered
into without proof of the contractor’s and subcontractors’ current registration with the
Department of Industrial Relations to perform public work. If awarded the Contract, the Bidder
and its Subcontractors, of any tier, shall maintain active registration with the Department of
Industrial Relations for the duration of the Project.
This Project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to
evaluate and include the cost of complying with all labor compliance requirements under the
Contract and applicable law in its Bid.
To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration
Certification on the form provided, attesting to the facts contained in the registration certificate.
Failure to submit this certificate may render the Bid non-responsive. In addition, each Bidder shall
provide the registration number for each listed Subcontractor in the space provided in the
Proposed Subcontractors Form (00 43 30).
22. PREVAILING WAGES.
Pursuant to Labor Code Sections 1720, et. seq. and 1770, et. seq., Contractor shall pay prevailing
wages for all Work performed under the Contract. The Agency has obtained from the Director of
the Department of Industrial Relations the general prevailing rate of per diem wages in the
locality in which the Work will be performed for each craft or type of worker needed to execute
the Contract. These rates are available at the Agency or may be obtained online at
http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the
successful Bidder at the job site(s).
23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS.
In accordance with the provisions of the Labor Code, contractors or subcontractors may not
perform work on a public works project with a subcontractor who is ineligible to perform work
on a public project pursuant to Labor Code Section 1777.1 or 1777.7. Any contract on a public
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 20
works project executed between a contractor and a debarred subcontractor is void as a matter
of law. A debarred subcontractor may not receive any public money for performing work as a
subcontractor on a public works contract. Any public money that is paid to a debarred
subcontractor by the Contractor for the Project shall be returned to the Agency. The Contractor
shall be responsible for the payment of wages to workers of a debarred Subcontractor who has
been allowed to work on the Project.
The Agency may disqualify a Contractor or Subcontractor from participating in bidding when a
Contractor or Subcontractor has been debarred by the Agency or another jurisdiction in the State
of California as an irresponsible bidder.
24. SIGNING OF BIDS.
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may
be asked to provide evidence in the form of an authenticated resolution of its Board of Directors
or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder
to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of
Attorney executed by each joint venturer or partner appointing and designating one of the joint
venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that
joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize
that particular joint venturer or partner to act for and bind Bidder in all matters relating to the
Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and
all of the duties and obligations that the Bidder assumes under the Bid and under any Contract
arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf
of the joint venture or partnership in its legal name.
25. SUBMISSION OF SEALED BIDS.
Once the Bid and supporting documents have been completed and signed as set forth in these
Instructions to Bidders, they shall be uploaded, along with other required materials, to the online
bidding portal before the deadline for submitting bids.
At the time of Bid submission, whether in the form of a cashier’s check, a properly certified check
or an approved corporate surety bond payable to the Agency, Bidders must upload an electronic
Portable Document Format (PDF) copy of the Bid Guarantee to the online bidding portal. The first
3 apparent low Bidders must provide the Agency with the original Bid Guarantee within 2
Business Days after the Bid opening date.
Failure to submit the electronic version of the Bid Guarantee at time of bid submission shall cause
the bid to be rejected and deemed non-responsive. Failure to provide the original within 2
business days may deem the bidder non-responsive.
Original Bid Bond shall be submitted to:
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 21
Public Works Contract Administration
Attention: Graham Jordan, Contract Administrator
1635 Faraday Avenue
Carlsbad, California, 92008
No oral or telephonic Bids will be considered. Pursuant to Public Contract Code Sections 1600
and 1601, only where expressly permitted in these Instructions to Bidders and the Notice Inviting
Bids may Bidders submit their Bids via electronic transmission (the online bidding portal). Bids
received after the Bid Submission Deadline will not be accepted. Agency may reject any Bid not
strictly complying with Agency’s designated methods for delivery.
26. OPENING OF BIDS.
Bids submitted on the online bidding portal will be reviewed by the Agency. Once the Bid
Submission Deadline has passed, Bidders, proposers, the general public, and Agency staff are
able to immediately see the results online. Agency shall consider award of the Contract to the
lowest, responsive, responsible Bidder as determined by the Agency consistent with Section 32
below. In case of a discrepancy between the line item entries submitted in the online bidding
portal and the Bid Form, the online bidding portal shall prevail. In the event of any discrepancies,
written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the
Bid Form.
In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over
numerical numbers (e.g., 50, 100) on the Price Proposal Form. Also, the sum of all lump sum line
items will govern over the “Total Proposed Lump Sum Price” line item. The Agency may reject
any or all Bids or waive any irregularities or informalities in any Bids or in the Bidding process.
The Bid and the terms of the Contract Documents constitute an irrevocable offer that shall
remain valid and in full force for a period of 90 Calendar Days from the Bid Submission Deadline
and such additional time as may be mutually agreed upon by the Agency and the Bidder.
27. WITHDRAWAL OF BID.
Any Bid may be withdrawn via written letter, incurring no penalty, at any time before the
scheduled closing time for receipt of Bids. Requests to withdraw Bids shall be worded to not
reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the Bid
Submission Deadline, provided that resubmitted Bids are in conformance with these Instructions
to Bidders.
Bids may be withdrawn after bid opening only by providing written notice to Agency within five
(5) Working Days of the bid opening and in compliance with Public Contract Code Section 5100
et seq., or as otherwise may be allowed with the consent of the Agency.
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 22
28. BIDDERS INTERESTED IN MORE THAN ONE BID.
No Bidder shall be allowed to make, file or be interested in more than 1 Bid for the same work
unless alternate Bids are specifically called for. If the Notice Inviting Bids provides for alternate
Bids, a person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has
quoted prices of materials to a Bidder, is not disqualified from submitting a sub-proposal or
quoting prices to other Bidders. No person, firm, corporation, or other entity may submit a sub-
proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid
on the same Project.
29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES.
Contractor and its Subcontractors performing work under the Contract will be required to pay
California sales tax and other applicable taxes, and to pay for permits, licenses and fees required
by the agencies with authority in the jurisdiction in which the Work will be located, unless
otherwise expressly provided by the Contract Documents.
30. PERMIT AND INSPECTION FEE ALLOWANCE.
Notwithstanding anything contained in these Instructions to Bidders, the Bid Form contains an
allowance for the Contractor’s cost of acquiring traffic control permits and for construction
inspection fees that may be charged to the Contractor by the Agency. The allowance is included
within the Bid Form to eliminate the need by Bidders to research or estimate the costs of traffic
control permits and construction inspection fees before submitting a Bid. The allowance is
specifically intended to account for the costs of traffic control permits and construction
inspection fees charged by the Agency. No other costs payable by Contractor to the Agency are
included within the allowance.
If such cost is not contained or specified in the Bid Form, the Contractor shall include the costs in
the other Bid items on the Bid Form.
31. BASIS OF AWARD; BALANCED BID.
The Agency shall award the Contract to the lowest responsible Bidder submitting a responsive
Bid. The lowest Bid will be determined on the basis of the total Bid price. In the event of any
discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g.,
50, 100) on the Price Proposal Form. Also, the sum of all lump sum line items will govern over the
“Total Proposed Lump Sum Price” line item.
The Agency may reject any Bid which, in its opinion when compared to other Bids received or to
the Agency’s internal estimates, does not accurately reflect the cost to perform the Work. The
Agency may reject as non-responsive any Bid which unevenly weights or allocates costs, including
but not limited to overhead and profit to 1 or more particular Bid items or otherwise violates
Public Contract Code Section 9203.
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 23
32. AWARD PROCESS.
Once all Bids are opened and reviewed to determine the lowest responsive and responsible
Bidder, the Board may award the Contract. Once notified by Agency staff, the apparent successful
Bidder should begin to prepare the following documents: (1) the Labor and Materials Bond; (2)
the Performance and Warranty Bond; and (3) the required insurance certificates and
endorsements. Once the Agency notifies the Bidder of the award, the Bidder will have 10 Working
Days from the date of this notification to execute the Contract and supply the Agency with all of
the required documents and certifications or the Bidder may forfeit the Bid security and the
Agency may pursue award of the Contract to the next lowest, responsive, responsible Bidder.
Once the Agency receives all properly drafted and executed documents and certifications from
the Bidder, the Agency shall issue a Notice to Proceed to that Bidder.
33. EXECUTION OF CONTRACT.
As required in these Instructions to Bidders, the Bidder to whom an award is made shall execute
the Contract in the amount determined by the Contract Documents. The Agency may require
appropriate evidence that the persons executing the Contract are duly empowered to do so. The
Contract and bond forms to be executed by the successful Bidder are included within these
Specifications and shall not be detached.
34. 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.
35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES.
The Agency encourages the participation of minority and women-owned businesses.
36. USE OF RECYCLED MATERIALS.
The Agency encourages Bidders, suppliers, manufacturers, fabricators and contractors to utilize
recycled and recyclable materials when available, appropriate and approved by the Agency’s
Engineer.
37. STATUTORY REFERENCES.
All references in these Instructions to Bidders (00 21 10) to any statute, rule or regulation are to
the statute, rule or regulation as amended, modified, supplemented or replaced from time to
time by the corresponding legislative or regulatory body.
END OF SECTION
00 41 00 BID FORM
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
Quality Construction & Engineering Inc.
NAME OF BIDDER: _________________________ _
AGENCY: City of Carlsbad
1635 Faraday Ave
Carlsbad, CA 92008
The undersigned declares that we have carefully examined the location of the proposed Work,
and have read and examined the Contract Documents, including all Plans, Specifications, and
Addenda, if any, for the above-mentioned Project. The undersigned has acknowledged receipt,
understanding, and full consideration of ANY and ALL Addenda to the Contract Documents via
the online bidding portal.
We propose to furnish all labor, materials, equipment, tools, transportation, and services, and to
discharge all duties and obligations necessary and required to perform and complete the Project,
as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID
PRICE.
LJ Attached is the required Bid Bond (00 43 10) or Bid Security (00 43 20) in the amount of
not less than 10% of the Total Bid Price.
LJ Attached is the completed Proposed Subcontractors form (00 43 30).
!J Attached is the completed Bidder Information and Experience form (00 45 40)
LJ Attached is the fully executed Non-collusion Affidavit (00 45 10).
~ Attached is the completed Iran Contracting Act Certification form (00 45 15).
'.J Attached is the completed Public Works Contractor Registration Certification form (00 45
20).
'l Attached is the completed Certificate of Insurance form (00 45 25).
7 Attached is the Statement of Regarding Debarment form (00 45 30)
7 Attached is the Disclosure of Discipline Record (00 45 35)
'I Attached is the CARB Fleet Compliance Certification (Attachment A)
7 Attached is the Optional Escrow Agreement (if applicable) (00 61 30)
00 4110 BID FORM
Document Version: 1.0
Page 24
Date Printed: March 29, 2024
Current Update: May 2023
1 . BID SCHEDULE.
Item Item Description Unit of Quantity Unit Price Total
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Measure
Mobilization LS 1 $ 8 000.00 $ 8 000.00
Traffic Control Plan LS 1 $8,500.00 $8,500.00
Water Pollution Control LS 1 $2,500.00 $2,500.00
Clearing and Grubbing LS 1 $1,50MO~ ~T,51f0.00
611 PCC Curb and Gutter LF 485 $ 75 nn $ 36 375.00
411 PCC Sidewalk SF 874 $ 20.00 $ 17,480.00
PCC Curb Ramp EA 6 $ 8,0uu.uu :i, 2ra~o01nro-
Crush Aggregate Base CY 32 $ 100.00 $3,200.00
AC Paving Ton 24 $ 550 .00 $13,200.00
Asphalt Concrete (AC) Speed Cushion Ton 62 $ 550.00 $ 34 100.00
Cold Milling and AC Overlay {2") SF 9500 $ 5.00 $47,500.00
Cold Milling for Speed Cushion SF 3300 $ 1.00 $ 3 300.00
Adjust Existing Water Valve to Grade EA 1 $ 550.00 $ 550.00
Signing and Striping LS 1 $22,216.85 $22,216.85
Construction Staking and Surveying LS 1 $ 1,:>UU.UU :ji l ,olJU.UU
The costs for any Work shown or required in the Contract Documents, but not specifically
identified as a line item are to be included in the related line items and no additional
compensation shall be due to Contractor for the performance of the Work.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the
Agency makes no representation that the actual quantities of Work performed will not vary from
the estimates. Final payment shall be determined by the Engineer from measured quantities of
Work performed based upon the Unit Price.
2. TOTAL BIO PRICE
The TOTAL BID PRICE on Bid Schedule total of Unit Prices:
Total Bid Price in Numbers: $ 247•921 •85 ----------------------
Two Hundred Forty-Seven Thousand Nine Hundred Twenty-One Dollars
Total Bid Price in Written Form: and Eighty-Five Cents __ ....;;......;__ _______________ _
In case of discrepancy between the written price, the numerical price, or the price as
submitted via the online bidding portal, the online bidding portal price shall prevail.
The undersigned agrees that this Bid Form constitutes a firm offer to the Agency which cannot
be withdrawn for ninety (90) Calendar Days from and after the Bid opening, or until a Contract
for the Work is fully executed by the Agency and the lowest responsible Bidder, whichever is
later.
00 41 10 BID ~ORM
Document Vers,on I 0
Oar~ P••n!Nl Ma•tt> 1'3 2014
Currer,\ VP.Ult! M•~ ]02 ~
I
I
The Undersigned has carefully checked all the above figures and understands that the Agency
will not be responsible for any error or omission on the part of the Undersigned in preparing this
Bid.
3. RECITALS
The successful Bidder agrees to sign the Contract and furnish the necessary bonds and certificates
of insurance within 10 Working Days after the Agency issues the Notice of Award to the successful
Bidder.
The Undersigned agrees that in case of failure to execute the required Contract with necessary
bonds and insurance policies within this time period, the Agency may pursue awarding the
Contract to the next lowest responsible Bidder and the Bid Security of the lowest Bidder may be
forfeited.
Upon receipt of the signed Contract and other required documents, the Agency w ill proceed to
execute the Contract and issue a purchase order and the Notice to Proceed. The time of
completion shall commence on the date of the Notice to Proceed, unless otherwise specified.
The undersigned agrees to begin the Work within 10 Working Days of the date of the Notice to
Proceed, unless otherwise specified.
The Undersigned is aware of the provisions of Labor Code Section 3700, which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance
in accordance with the provisions of that code and agrees to comply with such provisions before
commencing the performance of the Work of this Contract and continue to comply until the
Contract is complete.
The Undersigned is aware of the provisions of Labor Code Section 1770 et seq. relative to the
general prevailing rate of wages for each craft or type of worker needed to execute the Contract
and agrees to comply with its provisions.
The Undersigned Bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacity of a contractor within the State of California and that this
statement is true and correct and has the legal effect of an affidavit. The following are the
Bidder's applicable license number(s), with their expiration date(s) and class of license(s):
1005282 -A-General Engineering; B-General Building Contractor
Exp. 07/31/2025
If the Bidder is a joint venture, each member of the joint venture must include the required
licensing information.
00 4110 BID FORM
Document Version: 1.0
Page 26
Date Printed: March 29, 2024
Current Update: May 2023
A Bid submitted to the Agency by a Contractor who is not licensed as a Contractor pursuant to
the Business and Professions Code shall be considered nonresponsive and shall be rejected by
the Agency. In all contracts where federal funds are involved, no Bid submitted shall be
invalidated by the failure of the Bidder to be licensed in accordance with California law. However,
at the time the Contract is awarded, the Contractor shall be properly licensed.
The Undersigned Bidder represents as follows:
l. That no elected or appointed official, officer, agent, or employee of the Agency is
personally interested, directly or indirectly, in this Contract, or the compensation to be
paid under it; that no representation, oral or in writing, of the Agency, its officers, agents,
or employees has induced Bidder to enter into this Contract, excepting only those
contained in this form of Contract and the papers made a part of this Contract by its
t erms; and
2. That this Bid is made without connection with any person, firm, or corporation making a
Bid for the sa me Work, and is in all respects fair and without collusion or fraud.
Accompanying this Bid is Bidder's Bond (Cash, Certified Check,
Bidder's Bond or Cashier's Check) for 10% of the amount Bid, payable to Agency as Bid Security
and which is given as a guarantee that the undersigned will enter into a Contract and provide the
necessary bonds and certificates of insurance if awarded the Contract.
Organized under the laws of the State of _c_a_lif_or_n_ia _______ _
::J an individual
.J a partnership
~ a corporation
00 4110 BID FORM
Document Version: 1.0
(Signatures continued on next page)
Page 27
Date Printed: March 29, 2024
Current Update: May 2023
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
I certify under penalty of perjury under the laws of the State of California that all of the
information submitted in connection with this Bid and all of the representations made in this Bid
are true and correct.
1 Name under which
business is
conducted
2 Signature (given and
surname) of
proprietor
Printed/Typed Name
3 Place of Business
(Full Address: street,
number, city, state,
zip)
4 Telephone Number
5 Email
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
004110 BID FORM
Document Version: LO
Page 28
Date Printed: March 29, 2024
Current Update: May 2023
IF A PARTNERSHIP, SIGN HERE:
I certify under penalty of perjury under the laws of the State of California that all of the
information submitted in connection with this Bid and all of the representations made in this Bid
are true and correct.
1 Name under which
business is
conducted
2 Signature (given and
surname and role)
(Note: Signature
must be made by a
general partner)
Printed/Typed Name
3 Place of Bu siness
(Full Address: street,
number, city, state,
zip)
4 Telephone Number
5 Email
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
00 4110 BID FORM
Document Version: 1.0
Page 29
Date Printed: March 29, 2024
Current Update: May 2023
'
IF A CORPORATION, SIGN HERE:
I certify under penalty of perjury under the laws of the State of California that all of the
information submitted in connection with this Bid and all of the representations made in this Bid
are true and correct.
1 Name under which
business is
conducted
2 Signature (given and
surname and Title)
(Note: Signature
must be made by a
someone who can
bind the
corporation)
Quality Construction & Engineering , Inc.
Printed/Typed Name .{o,dru 0011:/ra. • O:trfr:fqn1 &.<(Jlef0,r~ , r,10HftMMAD rJr+ft5lti(H-PPev11Je1\.Jf
3 Place of Business
(Full Address: street,
number, city, state,
zip)
4 Telephone Number
5 Email
16870 West Bernardo Drive Suite 400
San Diego, CA 92127
858-67 4-6919 x6820
QualityCEngineering@gmail.com
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
00 4110 BID FORM
Document Version: 1.0
SEE ATTACHED CALIFORNIA
All PURPOSE ACKNO'M.EOGM(NT
Page 30
Date Printed: March 29, 2024
Current Update: May 2023
California All-Purpose Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
On _ ___,A-~·-~R_,2.. __ \ l-__ '30 _ _,/~h_-O_~~--before me, Gregg Miller, Notary Public, personally
appeare~------'-~~~f-:.~N~~-_.___S::_-A'-'-f-N~-~\_E>~S _____ _
••...... f
GREGG MILLER
Notary Public • California
San Otego County f
Commission II 2345570 -
y Comm. Expires Feb 7, 2025
who proved to me on the basis of satisfactory evidence
to be the person{.s') whose name(sf is/ai;e subscribed to
the within instr6ment and acknowledged to me that
h¢s~ executed the same in h~b.eJ:Ltl)eir
authorli'ed capacityye°s), and that by t)js/~ir
signature(;f on the instrument the person(fj}, or the
entity upon behalf of which the personp,) acted,
executed the instrument.
I certify under PENALTY OF PERjURY under the laws
of the state of California that the foregoing paragraph is
true and correct.
________________ OPTIONAL _____________ _
Though the infonnation below is not required by law, it may prove' valuable to persons relying on the document and could
prevent fraudulent removal and reattachmen~ of this form to another document.
Description of Attached Document
O t1'. c ~.A A Title or Type of Document: -----~-----~!c:::s...,_ ___ U __ ~l____Q-~-~-~~------
Document Date: _______________ _ Number of Pages: _________ _
Signer(s) Other Than Named Above: __________________________ _
CapacityQes) Claimed by Signer(s)
Signer's Name: _________ _
Individual = Corporate Officer -Title(s): Partner .. Limited G-e-ne-r-al __ _ = Attorney in Fact
Trustee·
Guardian or Conservator
Other: ------------
Signer is representing: _______ _
RIGHTTHUMBPRINT OF SIGNER:
Top of thumb here
Signer's Name: _________ _
Individual
-Corporate Officer -Title(s):
-Partner -Limited G-e-ne-r-al __ _
-Attorney in Fact
-Trustee
Guardian or Conservator
Other: ___________ _
Signer is representing: _______ _
RIGHTTHUMBPRINT
OFSIGNER
Top of thumb here
list below names of president, vice president, CFO, secretary and assistant secretary, if a
corporation; if a partnership, list names of all general partners, and managing partners:
President
Mohammad Qahoush Vice President
Secretary
CFO
Sandra Santos Assistant Secretary
Approved as to form this --~..:....::."""'l .... <20u.....1.....,,J::.....::... __ day of />M~tti ezt'"
END OF SECTION
00 4110 BID FORM
Document Version: 1.0
Page 31
Date Printed: March 29, 2024
Current Update: May 2023
00 43 10 BID BOND FORM
(Note: This form is not required when other form of Bidder's Security, e.g., cash, certified check
or cashier's check, accompanies Bid. In that case, use form 00 43 20 Bid Security)
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID No.: PWS24-2386TRAN
NAME OF BIDDER: Quality Construction & Engineering, Inc.
The makers of this bond are, Quality Construction & Engineering, Inc. , as Principal, and
Harco National Insurance Company as Surety, and are held and
firmly bound unto the City of Carlsbad ("Agency") in the penal sum of 10% OF THE TOTAL BID
PRICE of the Principal submitted to t he Agency for the Work described below, for the payment
of which sum in lawful money of t he United States, well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the
accompanying Bid dated _M_a_,_y_1.:.., 2_0_2_4 _______ _
If the Principal does not withdraw its Bid within the time specified in the Contract Documents;
and if the Principal provides all required documents to the Agency and is awarded the Contract;
then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract Documents shall affect its obligation under this bond, and
Surety waives notice of any such changes.
In the event a lawsuit is brought upon this bond by the Agency and judgment is recovered, the
Surety sha ll pay all litigation expenses incurred by the Agency in such suit, including reasonable
attorneys' fees, court costs, expert witness fees and expenses.
Ill
Ill
Ill
Ill
Ill
00 43 10 BID BOND FORM
Document Version: 1.0
Page 32
Date Printed: March 29, 2024
Current Update: May 2023
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their
several seals this 30th day of _A~p_ri_l __________ _, 20 24 the
name and corporate seal of each corporation.
PRINCIPAL:
Quality Construction & Engineering, Inc.
(Name of Principal)
(Print name here)
(Title and Organization of Signatory)
Required Attachments:
Executed by SURETY
this 30th day of _A..c.p_ril _____ _, 20~
SURETY:
Harco National Insurance Company
(name of Surety)
4200 Six Forks Road, Suite 1400, Raleigh, NC 27609
(address of Surety)
(919) 833-1600
(telephone number of Surety)
By: rt
Matthew C. Gaynor, Attorney-in-Fact
(printed name of Attorney-in-Fact)
D Corporate resolution showing current power of attorney.
D Proper execution by PRINCIPAL.
D Proper notarial acknowledgment of execution by SURETY.
D President or vice-president and CFO, secretary or assistant secretary must sign for
corporations. If only 1 officer signs, the corporation must attach a resolution certified by
the secretary or assistant secretary under corporate seal empowering that officer to bind
the corporation.
END OF SECTION
00 43 10 BID BOND FORM
Document Version: 1.0
Page 33
Date Printed: March 29, 2024
Current Update: May 2023
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Bond# N/A ---------
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
ANDREW ROBERTS, MATTHEW C. GAYNOR, KIM VAZQUEZ, ANNE WRIGHT, DANIEL FRAZEE, DAVID J. GARCIA
Santee, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President. Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation. to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2023
STATE OF NEW JERSEY
County of Essex
Kenneth Chapman
STATE OF ILLINOIS
County of Cook
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
New Jersey the day and year first above written.
My Commission Expires April 4, 2023
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, April 30, 2024
A01687
Irene Martins, Assistant Secretary
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of California
County of San Diego
On April 30, 2024 before me, Andrew Roberts, Notary Public
(insert name and title of the officer)
personally appeared Matthew C. Gaynor
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
1cial seal.
..
.1.NOREW ROBERTS j Hota,y Public • "llfornia
Son Dfevo County I
Commfulon 1 2,1◄126 -
' My Comm. f.xptres Oec 26, 2027
(Seal)
00 43 20 BID SECURITY
(Note: This form is required when cash, certified check or cashier's check, accompanies Bid. If
Bid Bond is being provided, use form 00 43 10 Bid Bond)
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID No.: PWS24-2386TRAN
NAME oF BIDDER: GJa.lH:~ Cm-tru~ ~ et--pnno~ , Inc.•
Accompanying this proposal is a Certified / Cashier's check payable to the order of the City of
Carlsbad ("Agency"), in the sum of __ P,._\""'P_PJ=-=-0-'--N_D ______________ _
dollars ($ NIA-), this amount being 10% of the total amount of the Bid. The
proceeds of this check shall become the property of the Agency, provided this proposal shall be
accepted by the Agency through action of its legally constituted contracting authorities and the
Undersigned shall fail to execute a Contract and furnish the required Performance, Warranty and
Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check
shall be returned to the Undersigned. The proceeds of this check shall also become the property
of the Agency if the Undersigned shall withdraw his or her Bid within the period of 15 Calendar
Days after the date set for the opening of the Bid, unless otherwise required by law, and
notwithstanding the award of the Contract to another Bidder. / ~
~ ,-Nl>~/t,Wtl)~
~-ii, ~puc:#b q_ ~l-f~~~.,..,,lt\f..
Required Attachments:
_J Certified Check or Cashier's Check
END OF SECTION
00 43 20 BID SECURITY
Document Version: 1.0
Page 34
BIDDER
Date Printed: March 29, 2024
Current Update: May 2023
00 43 30 PROPOSED SUBCONTRACTORS FORM
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
NAME OF BIDDER: _o_ua_l_ity_C_o_n_sr_u_ct_io_n_&_E_n_g_in_e_e_ri_ng_,_l_nc_. _____________ _
In compliance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code
Section 4100 et seq.), Bidder shall set forth below: (a) the name and the location of the place of
business, (b) the California contractor license number, (c) the DIR public works contractor
registration number, and (d) the portion of the Work which will be done by each Subcontractor
who will perform work or labor or render service to the Bidder in or about the construction of
the Work or improvement to be performed under this Contract in an amount in excess of one-
half of one percent (0.5%) of the Bidder's Total Bid Price. Notwithstanding the foregoing, if the
Work involves the construction of streets and highways, then the Bidder shall list each
Subcontractor who will perform work or labor or render service to the Bidder in or about the
Work in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price or
$10,000, whichever is greater. No additional time shall be granted to provide the below
requested information.
If a Bidder fails to specify a Subcontractor or if a Contractor specifies more than one
Subcontractor for the same portion of Work, then the Bidder shall be deemed to have agreed
that it is fully qualified to perform that portion of Work and that it shall perform that portion
itself. No changes in the Subcontractor's listed Work will be made without the prior approval of
the Agency.
Attach additional pages as required.
~N,,/tftMNIII) Wltlomt!-ff.l'S10/ilC,f
(S~
00 43 30 PROPOSED SUBCONTRACTORS FORM Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 35
Name of Location of CSLB DIR Type of Work %of Amount of
Subcontractor Business Contractor Registration to be done by Work Work by
License Number/ Subcontractor Subcontractor
No./ Exp Exp. Date in Dollars*
Date
ABC Resources 1527 W State Signing and 7.79% 19,319.00 Street 538680 1000001608
Inc. Ontario, CA Striping
91762-4034
Pursuant to Public Contract Code Section 4104, subdivision (a){3){A), receipt of the information
preceded by an asterisk(*) may be submitted by the Bidder up to 24 hours after the deadline for
submitting bids contained in the "Notice Inviting Bids."
END OF SECTION
00 43 30 PROPOSED SUBCONTRACTORS FORM
Document Version: 1.0
Page 36
Date Printed: March 29, 2024
Current Update: May 2023
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
Quality Construction & Engineering Inc.
NAME OF BIDDER: ________________________ _
1. INFORMATION ABOUT BIDDER
{Indicate not applicable ("N/A") where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated, and information provided for
all parties to the joint venture.
1. Type, if Entity: _G_e_ne_r_ai_c_o_n_tra_c_to_r ______________________ _
2. Bidder Address: 11956 Bernardo Plaza Dr. #133, San Diego CA 92128
a. Facs imile Number _N_t_A _______________________ _
b T I h N b 858-674-6919 X6820 . e ep one um er ________________________ _
.1 dd QualityCEngineering@gmail.com c. Ema, A ress __________________________ _
9 Years 3. How many years has Bidder's organization been in business as a contractor? _____ _
4. How many years has Bidder's organization been in business under its present name? ---9 Years
a. Under what other or former names has Bidder's organization operated?
N/A
5. If Bidder's organization is a corporation, answer the following:
a. Date of Incorporation: _05_1_20_1_5 ____________________ _
California b. State of Incorporation: ______________________ _
c. President's Name: _M_o_h_a_m_m_a_d_a_a_h_ou_s_h _________________ _
d. Vice-President's Name(s): _M_o_ha_m_m_a_d_a_a_h_o_u_sh ______________ _
e. Secretary's Name: _M_o_h_a_m_m_a_d_O_a_ho_u_s_h _________________ _
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
Document Version: 1.0
Page 37
Date Printed: March 29, 2024
Current Update: May 2023
f. Treasurer's Name: _M_o_h_am_m_a_d_O_a_h_ou_s_h __________________ _
g. CFO's Name: _M_o_h_a_m_m_a_d_O_a_h_o_u_sh ____________________ _
6. If an individual or a partnership, answer the following:
a. Date of Organization: _N_/_A ______________________ _
b. Name and address of all partners (state whether general or limited partnership):
7. If other than a corporation or partnership, describe organization and name principals:
N/A
8. List other states in which Bidder's organization is legally qualified to do business.
N/A
9. What type of work does the Bidder normally perform with its own forces?
Asphalt Paving and restoration, Cold Milling, Traffic Control, Mobilization
10. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
No
11. Within the last 5 years, has any officer or partner of Bidder's organization ever been an officer
or partner of another organization when it failed to complete a contract? If so, attach a
separate sheet of explanation:
No
12. List Trade References: Vulcan Materials, Superior Ready Mix, Martin Marietta, H.D.Supply
13. List Bank References (Bank and Branch Address):
Bank of America, Rancho Bernardo San Diego CA 92128
14. Name of Bonding Company and Name and Address of Agent:
Harco National Insurance, Andrew Roberts, 2355 Northside Drive Suite 200, San Diego, CA 92108
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
Document Version: 1.0
Page 3B
Date Printed: March 29, 2024
Current Update: May 2023
2. UST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate or attach additional pages if needed for listing current projects.**]
Project Name Description of Bidder's Work
Sub or Prime?
2023 Street Asphalt Paving
Resurfacing
Prime
Allied Gardens Asphalt Paving
Subcontractor
Slurry Seal Group Asphalt Paving
2424
Subcontractor
Slurry Seal Group Asphalt Paving
2423
Subcontractor
Whales Drive Asphalt Paving
Encinitas
Prime
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
Document Version: 1.0
Page 39
Client
Name
City of La
Mesa
KTA
Construction
Inc.
Pavement
Coatings
Co.
Pavement
Coatings
Co.
City of
Encinitas
Completion Cost of
Date
TBD
TBD
TBD
TBD
TBD
Bidder's Work
TBD
TBD
TBD
TBD
TBD
Date Printed: March 29, 2024
Current Update: May 2023
LIST OF COMPLETED PROJECTS (LAST 3 YEARS)
[**Duplicate or attach additional pages if needed for listing completed projects.**]
Please include only those projects which are similar enough to demonstrate Bidder's ability to
perform the required Work.
Project Name Description of Bidder's Work
Sub or Prime?
2023 Pavement Asphalt Paving and Repairs Maintenance &
Repairs
Prime
Caminita Asphalt Paving and Repairs Graciela
Prime
Slurry Seal Asphalt Paving and Repairs
Group 2321
Subcontractor
'
Slurry Seal Asphalt Paving and Repairs Group 2223
Subcontractor
Slurry Seal Asphalt Paving and Repairs Group 2222
Subcontractor
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
Document Version: 1.0
Page40
Client
Name
City of
Solana
Beach
City of
Encinitas
vss
I nternationa
Inc.
Pavement
Coatings
Co.
Pavement
Coatings
Co.
Completion Cost of
Date Bidder's Work
February 2024 $1,124,161.46
December 2023 $91,590.92
February 2024 $1 ,419,148.90
May 2023 $1,155,489.10
May 2023 1,259,788.66
Date Printed: March 29, 2024
Current Update: May 2023
EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:
The Bidder shall identify the key personnel to be assigned to this Project in a management,
construction supervision or engineering capacity. Add additional pages to identify ALL key
personnel. Bidder may submit a 2-page resume of each key personnel mentioned above.
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all
relevant Work, unless substituted by personnel of equivalent experience and qualifications
approved in advance by the Agency.
Job Title Specialized
Name Education
% time on this
Project
Mohammad Qahoush Civil Engineer
President -Project Manager
20%
David Peterson Business Administration
Project Manager
80%
Armando Ramirez Journeyman
Superintendent
80%
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
Document Version: 1.0
Page41
Years of
construction
experience
relevant to the
Project
25 Years
24 Years
32 Years
Summarize the
experience
Budget Scheduler, RFI,
Contract Compliance
Project Manager, Coordinator
Scheduler, Quality Control
and Safety Officer
Crew Management,
Resources Coordinator,
On-Site Safety Manager
Date Printed: March 29, 2024
Current Update: May 2023
Additional Bidder's Statements:
If the Bidder feels that there is additional information which has not been included in the
questionnaire above, and which would contribute to the qualification review, it may add that
information in a statement here or on an attached sheet, appropriately marked:
N/A
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
Document Version: 1.0
Page 42
Date Printed: March 29, 2024
Current Update: May 2023
3. VERIFICATION AND EXECUTION
These Bid Forms shal l be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing
information is true and correct:
Name of Bidder: Quality Construction & Engineering Inc.
Signature,
7
Md
Name:_M_o_h_am_m_ad_O_ah_o_u_sh ________________________ _
T. I President
It e: ----------------------------------
D 05/01 /2024
ate:----------------------------------
END OF SECTION
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
Document Version: 1.0
Page 43
Date Printed: March 29, 2024
Current Update: May 2023
00 45 10 NON-COLLUSION AFFIDAVIT
NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
NAME OF BIDDER: Quality Construction & Engineering Inc.
Consistent with Public Contract Code Section 7106, the undersigned declares:
1 am the President of Quality Construction & Engineering Inc. , 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 co ntained in the Bid are
true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown
of it, or the contents of it, or divulged information or data relative to it, to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent of
these, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person execut ing this declaration on behalf of a Bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, 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 t he laws of the State of California that the foregoing
is true and correct and that this declaration is executed May 1 20~ at
San Diego [city],~ [state].
Signature: ~ y-
Name: Mohammad Qahoush
Title: President
END OF SECTION
00 45 10 NON-COLLUSION AFFIDAVIT
Document Version: 1.0
Page 44
Date Printed: March 29, 2024
Current Update: May 2023
00 45 15 IRAN CONTRACTING ACT CERTIFICATION
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
NAME OF BIDDER: Quality Construction & Engineering Inc.
As required by Public Contract Code Section 2204, the Contractor certifies subject to penalty of
perjury that the option checked below relating to the Contractor's status in regard to the Iran
Contracting Act of 2010 (Public Contract Code Section 2200 et seq.} is true and correct:
~ The Contractor is not:
1. identified on the current list of persons and entities engaged in investment activities in
Iran prepared by the California Department of General Services in accordance with
subdivision (b) of Public Contract Code Section 2203; or
2. a financial instruction that extends, for 45 days or more, credit in the amount of
$20,000,000 or more to any other person or entity identified on the current list of persons
and entities engaging in investment activities in Iran prepared by the California
Department of General Services in accordance with subdivision (b) of Public Contract
Code Section 2203, if that person or entity uses or will use the credit to provide goods or
services in the energy sector in Iran.
n The Agency has exempted the Contractor from the requirements of the Iran Contracting Act
of 2010 after making a public finding that, absent the exemption, the Agency will be unable
to obtain the goods and/or services to be provided pursuant to the Contract.
LJ The amount of the Contract payable to the Contractor for the
$1,000,000.
Project does not exceed
Signature~&{
Name: Mohammad Qahoush
Date: _o_s_,0_1,_20_2_4 _________ _
Title: _P_r_es_id_e_nt _________ _
Note: 1'11 accordance with Public Contract Code Section 2205, false certification of this form shall
bP. repqrted to the California Attorney General and may result in civil penalties equal to the
greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility
to bid on contracts for 3 years.
END OF SECTION
00 45 15 IRAN CONTRACTING ACT CERTIFICATION
Document Version: 1.0
Page45
Date Printed: March 29, 2024
Current Update: May 2023
00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
NAME OF BIDDER: Quality Construction & Engineering Inc.
Pursuant to Labor Code Sections 1725.5 and 1771.1, all Contractors and Subcontractors that
wish to Bid on, be listed in a Bid proposal, or enter into a Contract to perform public work must
be registered with the Department of Industrial Relations. See Public Works (ca.gov) for
additional information.
No Bid will be accepted, nor any Contract entered into without proof of the Contractor's and
Subcontractors' current registration with the Department of Industrial Relations to perform
public work.
Bidder certifies that it is aware of the registration requirements set forth in Labor Code Sections
1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial
Relations.
Name of Bidder: Quality Construction & Engineering Inc.
DIR Registration Number: _1_00_0_02_6_4_19 ____________________ _
DIR Registration Expiration: _6l_30_1_20_2_s ____________________ _
Bidder further certifies:
1. Bidder shall maintain a current DIR registration for the duration of the Project.
2. Bidder shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its
Contract with Subcontractors and ensure that all Subcontractors are registered at the
time of Bid opening and maintain registration status for the duration of the Project.
3. Failure to submit this form or comply with any of the above requirements may result in
a finding that the Bid is non-responsive.
Signature: ~ 7
Name: MohamtNld Qahoush
END OF SECTION
00 4S 20 PVBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Document Version: 1.0
Page46
Date:
Title:
05/01/2024
--------------
President
--------------
Date Printed: March 29, 2024
Current Update: May 2023
00 45 25 CERTIFICATE OF INSURANCE
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
NAME OF BIDDER: Quality Construction & Engineering Inc.
Bidder must attach either of the following to this page.
IX Certificates of insurance showing conformance with the requirements for each of:
a. Comprehensive General Liability
b. Automobile Liability
c. Workers Compensation
d. Employer's Liability
n Statement with an insurance carrier's notarized signature stating that the carrier can, and
upon payment of fees and/or premiums by the Bidder, will issue to the Bidder the required
policies of insurance for Comprehensive General Liability, Automobile Liability, Workers
Compensation and Employer's Liability in conformance and the required Certificates of
insurance to the Agency.
END OF SECTION
00 45 25 CERTIFICATE OF INSURANCE
Document Version: 1.0
Page 47
Date Printed: March 29, 2024
Current Update: May 2023
Polley Number· Date Entered: 6/10/2024
ACOR II I DAtt (MWllMYYY) CERTIFICATE OF LIABILITY INSURANCE ~ 6/10/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIACATE HOLDER. THIS.
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder la an ADDITIONAL INSURED, the pollcy(lee) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollciel may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such andorMmant(s).
PROOUCER Oalati's Insurance, Inc. ~~:rcTJessica Alcala
tf!2~t~-·-(714)956-2222 Ir~ No': (714) 956-2434 791 s. Brookhurst St ~u,dalatisinsuranoe@outlook.com Anaheim, CA 92804 IMSURERISI AFFORDING COVERAGE NAICI
INSURER A; Gemini Insurance Company 10833
INSURED Quality Construction , Engineering Inc INSURER B ; Kemper 10914
INSUl(ER c : James River Insurance Company 12203
11956 Bernardo Plaza Orie '133 IN9UREIID: State Compensation li"und 35076•
San Dieqo, CA 92128 INSURER E: Evans ton Insurance Company • 35378
INSURERF:
COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 'THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. Lt.llTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1r:: TYPE OF INSURANCE IADDL r~,: POLlCYEFF POUCYEXP LIMITS ,,~-~ POLICY NUMBER
~ COMMERCIAL GENERAL UABIU!Y EACH OCCURRENCE • 1,000 !000
A D ClAIMS-MAOE IZI OCCUR TO IICU t 100,000
t--
n.ncu10eir-_fr:.,-:.:.: .. ::::; __ ,
iVCGP026612 3/28/2024 13/28/2025 MEDEXP••~one-• t 5,000 ,__
PERSONAi. & ArN INJURY ,1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ,2,000 ,000
~ POLICY IZl ~f-8r D Loc PROOUCTS • COMP/OP AGG ,2,000,000
OTHER: •
AUTOMOIILE IJAIIILITY Wa"'~~f INGLE LIMIT 11,000,000 z Atf'fAVTO 80DIL Y INJURY (Per P8f1IOO) • OWNEO -SCHEDULED 50006847601 4/12/2024 i&/12/2025 BODILY INJURY W.r accldeol) • z AUTOSOlf..Y ,...._ AUTOS
B HIREO NON-0\'VNED rp':,"'..i~dent\""'°""c • AUTOSOM.Y >--AlJTOSONLY •
UMIIIU!LLA UAB HOCCUR EACH OCCURRENCE s 3,000,000
C ~ EXCESSUAII CLAl~E 00155582-0 06/05/2024 03/28/2025 AGGREGATE s 3,000 ,000
DEO I I RETENTION $ • WOIUIEIIS COMPENSATION XI ~,~,,m: I ll!'il,,.
AND EMPLO'l'ERS' LIABILITY YIN s 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTM: ~ NIA 9216724-23 08/26/2023 08/26/2024 E.L EACH ACCIOENT OFFICER/MEMBER EXCLUDED? (Mandalory In NH) E.L DISEASE· EA EMPLOYEE s 1,000,000
~~~~~ 'WJPERATIONS llebW E.L DISEASE· POLICY LIMIT $1,000,000
E Pollution Liablity CPLMOL12662 1<>3/18/2024 03/18/2025 Per 0cc 1 ,000,000
General Aqq 2,000,000
OilCftlPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addition al Rtrnali<a Schedule, may bo attachod ff l1I019 optc1 11,.quired)
J1062-traffic calming for park drive, blackrail road,plum tree road and carrillo way 6070-walell Project No.
drive-crest drive 81'118rgency access gate project and City of Carlsbad and its officers, directors and emplov QQl
al and· its respective elected officials, officers, employ-s,agants and representatives are named as additio~
inaured with reapeot to general liability and auto liability per th& terms & conditions of the policies.
The above Coverage is primary, noncontributory where required by written contract Waiver of subrogation
is granted with reepect to GL, Auto l i ability & workers compensation.
CERTIFICATE HOLDER
City of carlsbad
1635 Faraday Ave,
Carlsbad, CA 92008
ACORD 25 (2018/0~)
CANCELLATION
SHOULD ANY OF TIii: ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POL PROVISIONS.
AUTHORIZED Rfl'RESEPITATM:
1988· 15.ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered ma ACORD
00 45 30 STATEMENT REGARDING DEBARMENT
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
NAME OF BIDDER: Quality Construction & Engineering Inc.
1. Have you or any of your Subcontractors ever been debarred as an irresponsible Bidder by
another public agency in the State of California?
7 YES
~ NO
2. If yes, what was/were the name(s) of the public agency(ies) and what was/were the period(s)
of debarment(s)? Attach additional copies of this page to accommodate more than 2
debarments.
party debarred party debarr'ed
public agency public agency
period of debarment period of debarment
BY CONT~AE: J:?
By:-,f~'=J.""~=c...----'---------~gnhere)
MQ/h'rMM RI) Mf/Dllt" fl-p1/U5,,POJt
(print name/title)
Page _1_ of _1_ pages of this Statement Regarding Debarment form
END OF SECTION
00 45 30 STATEMENT REGARDING DEBARMENT
Document Version: 1.0
Page 48
Date Printed: March 29, 2024
Current Update: May 2023
00 45 35 DISCLOSURE OF DISCIPLINE RECORD
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
NAME OF BIDDER: __ a_ua_1_ity_c_o_n_st_ru_ct_io_n_&_E_ng_i_ne_e_rin_g_1_nc_. _______________ _
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 latent act or omission is filed within 4 years of the date of the alleged violation. A
complaint regarding a latent act or omission pertaining to structural defects must be filed within
10 years of the date of the alleged violation. Any questions concerning a Contractor may be
referred to the Registrar, Contractors' State License 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 2 or more times within an 8-year period?
..J YES
~ NO
2. Has the suspension or revocation of your contractor's license ever been stayed?
I YES
~ NO
7 N/A
3. Have any Subcontractors that you propose to perform any portion of the Work ever had their
contractor's license suspended or revoked by the California Contractors' State License Board
2 or more times within an 8-year period?
□ YES
15a NO
4. Has the suspension or revocation of the license of any Subcontractors that you propose to
perform any portion of the Work ever been stayed?
.J YES
2<I NO
L.J N/A
00 45 35 DISCLOSURE OF DISCIPLINE RECORD
Document Version: 1.0
Page 49
Date Printed: March 29, 2024
Current Update: May 2023
5. If the answer to either of 1 or 3 above is "yes," fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertains to, the nature of the
violation and disciplinary action taken.
NIA
(If needed attach additional sheets to provide full disclosure.)
6. If the answer to either of 2 or 4 above is "yes," fully identify, in each and every case, the party
whose discipline was stayed, the date of and the violation that the disciplinary action pertains
to, the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
NIA
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
By~ ~
Mohammad Qahoush -President
(print name and title)
END OF SECTION
00 45 35 DISCLOSURE OF DISCIPLINE RECORD
Document Version: 1.0
Page 50
Date Printed: March 29, 2024
Current Update: May 2023
00 52 00 CONTRACT
("Contract") is made and entered into this \ 3 day of
--~-a...+->o ......... -+-+------~ 2024, by and between the City of Carlsbad ("Agency")
and Quality onstruction & Engineering, Inc. ("Contractor"), whose principal place of business is
11956 Bernardo Plaza Drive #133, San Diego, California 92128.
The parties agree:
1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall
provide all labor, materials, equipment, tools, utility services, and transportation to complete all
the Work required in strict compliance with the Contract Documents for the following Project:
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
The Contractor and its surety shall be liable to the Agency for any damages arising as a result of
the Contractor's failure to comply with the obligation described in this Section 1.
2. TIME OF COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the Agency's Notice to Proceed. The Contractor shall complete all Work required
by the Contract Documents within sixty (60) working days from the commencement date stated
in the Notice to Proceed. Contractor agrees the time for completion set forth above is adequate
and reasonable to complete the Work.
3. CONTRACT PRICE.
The Agency shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions made in accordance with the Contract Documents, and
including all applicable taxes and costs, the sum of two hundred forty-seven thousand nine
hundred twenty-one dollars and eighty-five cents ($247,921.85). Payment shall be made as set
forth in the General Conditions.
The Engineer will close the estimate of work completed for progress payments on the last
working day of each month. The Agency shall withhold retention as required by Public Contract
Code Section 9203.
4. LIQUIDATED DAMAGES.
In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay
the Agency the sum set forth in Section 00 73 00 Supplemental General Provisions for each and
every Calendar Day of delay beyond the time of completion prescribed in this Contract as
00 52 00 CONTRACT
Document Version: 1.0
Page 51
Date Printed: May 10, 2024
Current Update: May 2023
Liquidated Damages and not as a penalty or forfeiture. If this sum is not paid, the Contractor
agrees the Agency may deduct that amount from any money due or that may become due the
Contractor under the Contract. This Section does not exclude recovery of other damages
specified in the Contract Documents.
5. CONTRACT DOCUMENTS.
The "Contract Documents" include the following:
• 00 1110 Notice Inviting Bids
• 00 2110 Instructions to Bidders
• 00 41 00 Bid Form
• 00 42 10 Bid Bond or 00 43 20 Bid Security
• 00 43 30 Proposed Subcontractors
• 00 43 40 Bidder Information and Experience
• 00 45 10 Non-Collusion Affidavit
• 00 45 15 Iran Contracting Act Certification
• 00 45 20 Public Works Contractor Registration Certification
• 00 45 30 Statement of Regarding Debarment
• 00 45 35 Disclosure of Discipline Record
• 00 52 10 Contract
• 00 6110 Labor and Materials Bond
• 00 61 20 Faithful Performance and Warranty Bond
• 00 61 30 Optional Escrow Agreement (if applicable)
• 00 73 00 Supplemental Provisions to Part 1 of the Standard Specifications for Public Works
Construction "Greenbook," latest edition and including all errata
• Technical Specifications for the Project
• All Addenda
• Plans and Drawings
• Permits
• 00 74 00 Supplemental Provisions to Parts 2-8 of the Standard Specifications for Public
Works Construction "Greenbook," latest edition and including all errata
• "City of Carlsbad Engineering Standard Drawings and Specifications," as last revised
• Standard Plans for Public Works Construction, latest edition and including all errata
• Applicable Local Agency Standards and Specifications, as last revised
• Approved and fully executed change orders
• Any other documents contained in or incorporated by reference into the Contract
Documents
The Contractor shall complete the Work in strict accordance with the Contract Documents. The
requirements of the various sections or documents comprising the Contract Documents are
intended to be complementary. Work required by 1 of the Contract Documents and not by others
shall be done as if required by all. This Contract shall supersede any prior agreement of the
parties.
00 52 00 CONTRACT
Document Version: 1.0
Page 52
Date Printed: March 29, 2024
Current Update: May 2023
6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Every provision of law required to be included in these Contract Documents shall be deemed to
be included in these Contract Documents. The Contractor shall comply with all requirements of
applicable federal, state and local laws, ru les and regulations, including, but not limited to, the
provisions of the Labor Code and Public Contract Code which are applicable to the Work.
7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the 00 73 00 Agency
Supplemental General Provisions.
8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor
Code which such rates may be obtained online at http://www.dir.ca.gov and which must be
posted at the job site.
00 52 00 CONTRACT
Document Version: 1.0
[signatures on the following page]
Page 53
Date Printed: March 29, 2024
Current Update: May 2023
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
(CORPORATE SEAL)
CONTRACTOR
By:
(sign here)
>
City of Carlsbad
By:
KEITH BLACKBURN, Mayor
lfp_)u,,~ C.Qo.. ¼~ l.. /pru:, :ol4crd--~✓CJ
(print name/title)
ATTEST:
By:~-
7 (sign here)
{l ~ for
SHERRY FREISINGER, City Clerk
(print name/title
If required by the Agency, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation, the Contract must be signed by 1 corporate officer from each of the
following 2 groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
END OF SECTION
00 52 00 CONTRACT
Document Version: 1.0
Page 54
Date Printed: March 29, 2024
Current Update: May 2023
00 6110 LABOR AND MATERIALS BOND Bond No. 0855652
Premium Included in Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, the City of Carlsbad ("Agency") has awarded to Quality Construction & Engineering, Inc.
("Principal,") a Contract for the Work described as follows:
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
in strict conformity with the drawings and specifications, and other Contract Docu ments now on
file in the Office of t he City Clerk of the City of Carlsbad and all of which are incorporated by this
reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Contract providing that
if Principal or any of its Subcontractors fail to pay (1) for any materials, provisions, provender,
equipment, or other supplies used in, upon, for or about the performance of the Work contracted
to be done, (2) for any Work or labor of any kind performed under the Contract, (3) for amounts
due under the Unemployment Insurance Code for any Work or labor of any kind performed under
the Co ntract, or (4) for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department under Unemployment Insurance Code Section 13020 or
to the Franchise Tax Board under Revenue and Taxation Code Section 18663 from t he wages of
employees of Principal and its Subcontractors with respect to the Work or labor, the Surety on
this bond will pay for the same to the extent set forth below.
NOW THEREFORE, we, Principal and Harco National Insurance Comoanv , as Surety, are held
two hundred forty-seven thousand d I I and firmly bou nd unto the Agency in the penal sum of nine hundred twenty-one and as1100 o ars
($ 247,921 .85 ), for the payment of which sum being an amount equal to 100% of the total
amount payable under the terms of the Contract by the Agency, and for which payment wel l and
truly to be made we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or its Subcontractors, heirs,
executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil
Code Section 9100; fail to pay for any materials, provisions, provender, equipment, or other
supplies, used in, upon, for or about the performance of the Work contracted to be done; fail to
pay for any Work or labor of any kind performed under the Contract; fail to pay amounts due
under the Unemployment Insurance Code for any Work or labor of any kind performed under
the Contract; or fail to pay for any amounts required to be deducted, withheld, and paid over to
the Employment Development Department or Franchise Tax Board from the wages of employees
of Principal or its Subcontractors pursuant to Unemployment Insurance Code Section 13020 or
Revenue and Taxation Code Section 18663, with respect to the Work or labor, then the Surety
00 6110 LABOR ANO MATERIALS BONO
Document Version: 1.0
Page 55
Date Printed: March 29, 2024
Current Update: May 2023
will pay for the same, in an amount not exceeding the pena l sum specified above, and also, in
case suit is brought upon this bond, all litigation expenses incurred by the Agency in the suit,
including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses
to be fixed by the court consistent with Civil Code Section 9554.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as
to give a right of action to such persons or their assigns in any suit brought upon this bond. The
Surety stipulates and agrees that this bond shall not be exonerated or released from the
obligation of this bond by:
1. Any change, extension of time for performance, addition, alteration or modification in,
to, or of any Contract, Plans, Specifications, or agreement pertaining or relating to any
scheme or Work of improvement described above, or the furnishing of labor, materials,
or equipment pertaining or relating to any scheme or Work of improvement described
above.
2. Any change or modification of any terms of payment or extension of the time for any
payment pertaining or relating to any scheme or Work of improvement described above.
3. Any rescission or attempted rescission or attempted rescission of the Contract,
agreement or bond.
4. Any conditions precedent or subsequent in the bond attempting to limit the right of
recovery of claimants otherwise entitled to recover under any such Contract or
agreement or under the bond.
5. Any fraud practiced by any person other than the claimant seeking to recover on the
bond.
The Surety also stipulates and agrees that this bond shall be construed most strongly against the
Surety and in favor of all persons for whose benefit such bond is given, and under no
circumstances shall Surety be released from liability to those for whose benefit this bond has
been given by reason of any breach of contract between the Agency and Principal or on the part
of any obligee named in this bond. Finally, the Surety waives notice of any such change, extension
of time, addition, alteration or modification mentioned in this bond, including but not limited to
the provisions of Civil Code Sections 2819 and 2845.
If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate
the Surety from its obligations under this bond.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
00 6110 LABOR AND MATERIALS BONO
Document Version: 1.0
Page 56
Date Printed: March 29, 2024
Current Update: May 2023
. '
Executed by PRINCIPAL this _3_.l_c:t __
day of ~ , 20 :le.I .
PRINCIPAL:
Quality construction & Engineering Inc
(name of:?:??
By:fa--~ ~
(s~re)
(print name here)
(title and organization of signatory)
Executed by SURETY this 21st day
of May , 20_1L
SURETY:
Harco National Insurance Company
(name of Surety)
4200 Six Forks Road, Suite 1400, Raleigh, NC 27609
(address of Surety)
Andrew Roberts, Attorney-in-Fact
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only 1 officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
END OF SECTION
00 6110 LABOR ANO MATERIALS BONO
Document Version: 1.0
Page 57
Date Printed: March 29, 2024
Current Update: May 2023
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Bond # 0855652
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
ANDREW ROBERTS, MATTHEW C. GAYNOR, KIM VAZQUEZ, ANNE WRIGHT, DANIEL FRAZEE, DAVID J. GARCIA
Santee, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2023
STATE OF NEW JERSEY
County of Essex
Kenneth Chapman
STATE OF ILLINOIS
County of Cook
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December, 2023 . before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
New Jersey the day and year first above written.
CERTIFICATION
My Commission Expires April 4, 2023
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, May 21 , 2024
A01687
Irene Martins, Assistant Secretary
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
On _____ M .... a .... y __ 2 ..... 1+,-2 __ 0_2~4~_ before me, Anne M. Wright, Notary Public
(insert name and title of the officer)
personally appeared Andrew Roberts
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ ___._.rlla .......... ~="""""'---------(Seal)
•
~ ... _....,,,.a:ANNE M. WRiGHT I(
,. COMM. #2366867 l ~ a . NOTARY PUBLIC~RNIA fl
U #I SAN DIEGO COUNTY n L . My~~~
a a .sz : cw•-• ~
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ___ _____.5 ___ p.._....,.c-,\.__l)"'-\.._.t:::<=~-~~>
On M A Y 3 \. X) ~fore me,
~ /J!J_ ('lo,~
?:<~G l l-~ f>t$t-
(insert name and title of the officer) '
personally appeared /\Ao H AMMA D G e: \-\c::::>\Js H I
who proved to me on the basis of satisfactory evidence to be the perso~ whose name(.s1J§{_are
subscribed to the within instrument and acknowledged to me that ~/they executed fhe same in
~h~/t):,'eir authorized capacity{jes), and that by ~h,er/tl:reir signature~on the instrument the
personf), or the entity upon behalf of which the persoo/) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature~") (Seal)
eooeoee,
GREGG MILLER
Notary Public -California a,
San 01~0 County ~
Commission# 2345570 -
y Comm. Expires Feb 7, 2025
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:
Bond No. 0855652
Premium: $4,734
Premium will be adjusted
based on final contract amount
WHEREAS, the City of Carlsbad ("Agency") ha s awarded to Quality Construction & Engineering, Inc.
("Principal,") a Contract for the Work described as follows:
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
in strict conformity with the drawings and specifications, and other Contract Documents now on
file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this
reference; and
WHEREAS, the Work to be performed by the Principal is more particularly set forth in the Contract
Documents for the Project dated ______ , {"Contract Documents"), the terms and
conditions of which are incorporated by reference; and
WHEREAS, the Principal is required by the Contract Documents to perform the terms of them
and to furnish a bond for the faithful performance and warranty of the Contract Documents.
NOW THEREFORE, we, Principal and Harco National Insurance Company • as Surety, are held
and firmly bound unto the Agency in the penal sum of lrt~e'.W~8Jf~dfWlo~i--0ennet~g~5if&~oo dollars
($ 247,921 .85 ), for the payment of which sum being an amount equal to 100% of the total
amount payable under the terms of the Contract by the Agency, and for which payment well and
truly to be made we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if Principal, its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and agreements in the Contract Documents and any
alteration of the Contract Documents made as provided in the Contract Documents, on its part,
to be kept and performed at the time and in the manner specified in the Contract Documents,
and in all respects according to their true intent and meaning; and shall indemnify and save
harmless the Agency, its Board, members of the Board, officers, directors, managers, employees,
agents, and authorized volunteers, as stipulated in the Contract Documents, then this obligation
shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured by this bond and in addition to the face amount specified in
this bond, there shall be included costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by Agency in enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
Document Version: 1.0
Page 58
Date Printed: March 29, 2024
Current Update: May 2023
As a condition precedent to the satisfactory completion of the Work unless otherwise provided
for in the Contract Documents, the above obligation shall hold good for a period of 1 year after
the acceptance of the Work by the Agency. During this 1-year period, if Contractor fails to make
full, complete, and satisfactory repair and replacements and totally protect the Agency from loss
or damage resulting from or caused by defective materials or faulty workmanship in connection
with Contractor's Work on the Project, the obligations of Surety under this bond shall continue
so long as any obligation of Principal remains to the Agency. Nothing in this bond shall limit the
Agency's rights or the Principal's or Surety's obligations under the Contract, law or equity,
including, but not limited to, Code of Civil Procedure Section 337.15.
Whenever Principal shall be, and is declared by the Agency to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the Agency's option:
i. Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents;
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions
in the Contract Documents and upon determination by Surety of the lowest responsive
and responsible bidder, arrange for a contract between such bidder, the Surety and the
Agency, and make available as Work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the Contract Price, including other costs and
damages for which Surety may be liable. The term "balance of the Contract Price" as used
in this paragraph shall mean the total amount payable to Principal by the Agency under
the Contract and any modification to the Contract, less any amount previously paid by
the Agency to the Principal and any other set offs pursuant to the Contract Documents.
Or
iii. Permit the Agency to complete the Project in any manner consistent with Applicable Law
and make available as Work progresses sufficient funds to pay the cost of completion of
the Project, less the balance of the Contract Price, including other costs and damages for
which Surety may be liable. The term "balance of the Contract Price" as used in this
paragraph shall mean the total amount payable to Principal by the Agency under the
Contract and any modification to the Contract, less any amount previously paid by the
Agency to the Principal and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the Agency may reject any contractor or subcontractor which may
be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize Principal in completing the Project, nor shall Surety accept a bid from
Principal for completion of the Project, if the Agency, when declaring the Principal in default,
notifies Surety of the Agency's objection to Principal's further participation in the completion of
the Project.
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
Document Version: 1.0
Page 59
Date Printed: March 29, 2024
Current Update: May 2023
The Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract Documents or to the Project to be performed under the
Contract Documents shall in any way affect Surety's obligations on this bond, and Surety waives
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project.
If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate
the Surety from its obligations under this bond.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
Document Version: 1.0
Page 60
Date Printed: March 29, 2024
Current Update: May 2023
Executed by PRINCIPAL this_o~l_~t __
day of M~ , 20_1L.
PRINCIPAL:
Quality Construction and Engineering, Inc.
(name of Contractor)
By:&(&
(si/nhere)
>-
1print name here)
(title and organization of signatory)
Executed by SURETY this 21st day
of May . 20..11.__
SURETY :
Harco National Insurance Company
(name of Surety)
4200 Six Forks Road, Suite 1400, Raleigh, NC 27609
(address of Surety)
urety)
By:
Andrew Roberts Attorney-in-fact
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)
(Prnper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only 1 officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM :
CINDIE K. McMAHON, City Attorney
END OF SECTION
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
Document Version: 1.0
Page 61
Date Printed: March 29, 2024
Current Update: May 2023
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Bond # 0855652 ---------
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
A N DREW ROBERTS, MATTHEW C. GAYN OR, K IM VAZQU EZ, ANN E WRIGHT, DANIEL F RAZEE, DAVID J . GARCI A
Santee, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2023
STATE OF NEW JERSEY
County of Essex
Kenneth Chapman
STATE OF ILLINOIS
County of Cook
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
New Jersey the day and year first above written.
My Commission Expires April 4, 2023
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, May 21 , 2024
A01687
Irene Martins, Assistant Secretary
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on __ M=a.,_v--=2..!..1.L, --=2~0-=-2~4 ___ before me, Anne M. Wright, Notary Public
(insert name and title of the officer)
personally appeared Andrew Roberts~
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature_....._{d,~~,.c;..,4-1-~=--------
r;;e ~ANNEM.WRIGHT , ;" • COMM. #2366867 • i ,. NOTARY PIJBUC-CAUFOANIA fl
U SAN DIEGO COUNTY n a . ' MyCommislionExplree ...
(s I)'""" e=e,;1a:n1 u -;J";Yf1•2025 j ea -
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ~Al\,) D \ t§.60 )
A' LC-/ I ,,., N D~'/ On MAY '3 ( = ;}O?--, before me, (::>F-:t;:=6 b /v\ \ t.-\..-S/<. :f'L1 B J.-.c c:.
(insert name and title of the officer) '
personally appeared M D \_...(.p. M MAC> Q A H (!) U S \-\
who proved to me on the basis of satisfactory evidence to be the person($] whose name~~ar,e
subscribed to the within instrument and acknowledged to me that 1:1.eispe/.ffiey executed the same in
n_is/~rttt'ieir authorized capacity(ies), and that by l)i§f!let/,ttleir signatur~ on the instrument the
person~ or the entity upon behalf of which the person(s,Yacted , executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature~ (Seal)
········i GREGG MILLER
Notary Public • California :
San 0iejo County ~
Commission# 2345570
y Comm. Expires Feb 7, 2025
00 61 30 OPTIONAL ESCROW AGREEMENT
NAME OF PROJECT: TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD
AND CARRILLO WAY
CONTRACT NO.: 6070
BID NO.: PWS24-2386TRAN
NAME OF BIDDER: ________________________ _
This Escrow Agreement is made and entered into by and between the 1200 Carlsbad Village
Drive, Carlsbad, California, 92008 ("Agency"), Quality Construction & Engineering, Inc., whose
principal place of business is 11956 Bernardo Plaza Drive #133, San Diego, California 92128.,
("Contractor") and --------------------~ whose address is
____________________________ ("Escrow Agent").
Agency, Contractor and Escrow Agent agree as follows:
1. Pursuant Public Contract Code Section 22300, Contractor has the option to deposit securities
with Escrow Agent as a substitute for retention earnings required to be withheld by Agency
pursuant to the construction contract entered into between Agency and Contractor for
TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL ROAD, PLUM TREE ROAD AND CARRILLO
WAY in the amount of _____ dated _____ ("Contract"). Alternatively, on written
request of Contractor, Agency shall make payments of the retention earnings directly to
Escrow Agent. When the Contractor deposits the securities as a substitute for Contract
earnings, Escrow Agent shall notify Agency within 10 Calendar Days of the deposit. The
market value of the securities at the time of the substitution shall be at least equal to the
cash amount then required to be withheld as retention under the terms of the Contract.
Securities shall be held in Agency's name and shall designate Contractor as the beneficial
owner.
2. Agency shall make progress payments to Contractor for those funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that
Escrow Agent holds securities in the form and amount specified above.
3. When Agency makes payment of retentions earned directly to Escrow Agent, Escrow Agent
shall hold them for the benefit of Contractor until the time that the escrow created under
this Escrow Agreement is terminated. The Contractor may direct the investment of the
payments into securities. All terms and conditions of this Escrow Agreement and the rights
and responsibilities of the parties shall be equally applicable and binding when Agency pays
Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent
in administering the Escrow Account and all expenses of Agency. These expenses and
payment terms shall be determined by Agency, Contractor, and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject
to withdrawal by Contractor at any time and from time to time without notice to Agency.
00 61 30 OPTIONAL ESCROW AGREEMENT
Document Version: 1.0
Page 62
Date Printed: May 10, 2024
Current Update: May 2023
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from
Agency to Escrow Agent that Agency consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
7. Agency shall have a right to draw upon the securities in the event of default by the Contractor.
Upon 7 Calendar Days' written notice to Escrow Agent from Agency of a default, Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by
Agency.
8. Upon receipt of written notification from the Agency certifying that the Work required by the
Contract is final and complete and that Contractor has complied with all requirements and
procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities
and interest on deposit less escrow fees and charges of Escrow Account. The escrow shall be
closed immediately upon disbursement of all moneys and securities on deposit and payments
of fees and charges.
9. Escrow Agent shall rely on the written notifications from Agency and Contractor pursuant to
Sections (S) to (8), inclusive, of this Escrow Agreement and Agency and Contractor shall hold
Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the
securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of Agency and on behalf of Contractor in connection with the foregoing, and
exemplars of their respective signatures are as follows:
For Agency Title
(Finance
Director) Name
Signature
Address
For Contractor Title
Name
Signature
Address
For Escrow Title
Agent
Name
Signature
Address
00 61 30 OPTIONAL ESCROW AGREEMENT
Document Version: 1.0
Page 63
Date Printed: May 10, 2024
Current Update: May 2023
At the time the Escrow Account is opened, Agency and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Escrow Agreement.
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers
on the date first set forth above.
For Agency Title _________________________ _
Name _________________________ _
Signature ________________________ _
Address ________________________ _
For Contractor Title __________________________ _
Name __________________________ _
Signature ________________________ _
Address ________________________ _
For Escrow Title __________________________ _
Agent
Name _________________________ _
Signature ________________________ _
Address _________________________ _
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: --------------
Assistant City Attorney
END OF SECTION
00 6130 OPTIONAL ESCROW AGREEMENT
Document Version: 1.0
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Date Printed: May 10, 2024
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SPECIAL PROVISIONS
INTRODUCTION
The specifications contained in this 00 73 00 Agency Supplemental General Provisions take
precedence over the specification language contained in the Standard Specifications for Public
Works Construction, ''The Greenbook," latest edition and all errata. This specification addresses
the unique conditions in Carlsbad that are not addressed in The Greenbook. Therefore, if there
is a conflict, these specifications shall control.
The Greenbook may be purchased at Bidder's/Contractor's local technical bookstore or directly
from the publisher. These Supplemental General Provisions are available only for download from
the on line bidding portal with Contract Documents. The Agency does not provide hard copies.
When used in the Contract Documents, statements, or command phrases (active voice and
imperative mood) refer to and are directed at the "Bidder" or "Contractor" as applicable. The
specifications are written to the "Bidder" before award and the "Contractor" after award. Before
award, interpret sentences written in the imperative mood as starting with ''The Bidder shall."
Interpret the term "you" as "the Bidder" and interpret the term "your" as "the Bidder's." After
award, interpret sentences written in the imperative mood starting with ''The Contractor shall."
Interpret the term "you" as "the Contractor" and interpret the term "your" as "the Contractor's."
PART 1 GENERAL PROVISIONS
SECTION 1 -GENERAL
1-1 GENERAL.
ADD the following:
1. The word "provide" shall mean "furnish and install," unless otherwise stated.
2. In reference to Drawings, where words "shown," "indicated," "detailed," "noted,"
"scheduled," or words of similar import are used, it shall be understood that reference is
made to the Plans accompanying these provisions, unless stated otherwise.
3. Where the words "equal," "approved equal," "equivalent," and words of similar import
are used, it shall be understood such words are followed by the expression "in the opinion
of the Engineer," unless otherwise stated.
4. The word "perform" shall be understood to mean that the Contractor, at its expense, shall
"perform all operations and furnish labor, tools and equipment," and further, "furnish
and install materials that are indicated, specified or required" shall be understood to
mean that the Contractor, at its expense, shall "furnish and install the Work, complete in
place and ready to use, including furnishing of necessary labor, materials, tools,
equipment, and transportation."
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5. Where words “directed,” “designated,” “selected,” or words of similar import are used, it
shall be understood that the direction, designation, or selection of the Engineer is
intended, unless stated otherwise. The word “required” and words of similar import shall
be understood to mean “as required to properly complete the Work as required and as
approved by the Engineer,” unless stated otherwise.
Where the words “approved,” “approval,” “acceptance,” or words of similar import are used, it
shall be understood that the approval, acceptance, or similar import of the Engineer is intended.
1-2 TERMS AND DEFINITIONS.
Where applicable ADD/REPLACE the following:
Agency - The City of Carlsbad or the Carlsbad Municipal Water District, the owner of the Project.
Agency Approval - Except where stated in this Contract to the contrary, the phrases “Agency
approval,” and “Agency’s written approval” or such similar phrases shall mean approval by the
City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water
District, which approval shall not be unreasonably withheld.
Agency Forces – City of Carlsbad or Carlsbad Municipal Water District employees who perform
construction work.
Agency Supplement - 00 73 00 Agency Supplemental General Provisions; and 00 74 00 Agency
Supplemental Technical Provisions.
Allowance (AL) - Payment under Allowance Bid items, denoted as “AL,” shall be based on the
actual expenditures and for pre-authorized items of the Work in accordance with the Contract
Documents. The unused portions of the Allowances shall revert to the Agency upon acceptance
of the Project or Work.
Apparent Low Bidder - The Bidder whose Bid having been publicly opened, initially meets the
material requirements of the Bid Documents and whose Bid price is the lowest received.
Applicable Laws - Laws, statutes, ordinances, rules, orders, and regulations of governmental
authorities and courts having jurisdiction over the Project.
As-Builts - The CADD drawings prepared from the approved Red-lines for record keeping
purposes.
Award of Contract (Award) - The date on which the Board or designee executes the Contract.
Bid - Any proposal submitted to the Agency in competitive bidding for the construction,
alteration, repair, or improvement of any structure, building, road or other improvement of any
kind.
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Board – The officer or body constituting the awarding authority of the Agency, which is the City
Council for the City of Carlsbad or the Board of Directors for the Carlsbad Municipal Water
District.
Board of Directors for the Carlsbad Municipal Water District – The legislative body that governs
the Carlsbad Municipal Water District and has the authority to pass ordinances and appropriate
funds.
Business Day - See Working Day.
Calendar Day – Every day on the calendar, including weekends and holidays.
City - The term “City” or “the City” means, City of Carlsbad. See also Agency.
City Council - The legislative body that governs the City of Carlsbad and has the authority to pass
ordinances and appropriate funds.
City Engineer - The term “City Engineer” is defined as the Transportation Director, or designee,
and is the person authorized to perform the functions of the City Engineer as defined in
Government Code Section 66416.5. The City Engineer is the City's "duly authorized officer" for
the purposes of Public Contract Code Sections 4107 and 4107.5.
City Manager – The appointed official who directs the administration of the City of Carlsbad.
Claim – A written demand by the Contractor that seeks an adjustment in the Contract Price,
Contract Time, or other relief associated with a dispute arising under or relating to the Contract,
including a breach of any Contract provision. A voucher, invoice, or other routine request for
payment is not a Claim.
Construction Documents - Plans and details, including Plans showing installation of major
systems, equipment, fixed furnishings and graphics, the technical specifications and all other
technical drawings, schedules, diagrams and specifications, accepted Shop Drawings, Working
Drawings, and submittals that are necessary to set forth in detail the requirements for the
Project.
Construction Manager – The Project Inspector’s immediate supervisor and the Engineer’s
designated representative for the first level of appeal for informal dispute resolution.
Construction Work - The portion of the Work to construct the Project as set forth in the Contract
Documents in conformance with 2-1, “WORK TO BE DONE”.
Contract – The written agreement between the Agency and the Contractor covering the Work.
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Contract Documents - Contract Documents include the following: The signed Contract, Addenda,
Notice Inviting Bids, funding agency provisions, Bid including documentation accompanying the
Bid and any post-Bid documentation submitted prior to the Notice of Award when attached as
an exhibit to the Contract, Bonds, Permits, CEQA documents, Standard Specifications (the
“Greenbook”), Agency Supplement, Plans, Standard Plans, Construction Documents, Reference
Specifications, and Change Orders. Contract Documents, when applicable, shall also include Site
and Coastal development permits, NEPA documents, re-vegetation plans, biological letters or
technical reports, habitat mitigation plans, storm water documents, and local, state, and federal
resource agency permits.
Contract Time - The number of Working Days to complete the Work as specified in the Contract
Documents.
Contractor – The individual, partnership, corporation, joint venture, or other legal entity having
a Contract with the Agency to perform the Work. In the case of Work being done under permit
issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime
contractor” shall mean Contractor.
Critical Path – In the Construction Schedule, the sequence of activities that represents the longest
path through the Project network of activities and the shortest possible Project duration.
Critical Path Method – Network-based planning technique using activity durations and
relationships between activities to calculate a schedule for the entire project.
Days – Days shall mean consecutive calendar days unless otherwise specified in this Contract.
Defective Work - Work that does not conform to the Contract Documents.
Delay Factor - The Delay Factor may be the basis for compensation for idle equipment time on
an excusable delay. The factor has been calculated to include the ownership costs without
including operating costs. The Delay Factor recovers all the Contractor’s non-operating costs in
an 8-hour day. If payment is made for equipment on an excusable delay, it is limited to 8 hours
per day or 40 hours per week maximum.
Deputy City Engineer – The Engineering Manager of the Construction Management & Inspection
Division and the Construction Manager’s immediate supervisor and the Engineer’s designated
representative for the second level of appeal for informal dispute resolution.
Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive
Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager or
Executive Manager on claims submitted by the Contractor. The City Manager for the City of
Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal
level for informal dispute resolution.
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Drawings - See Plans.
D-size Sheet - “D” size paper for engineering design applications refers to 22” x 34” paper.
Engineer - The Deputy City Manager, Public Works of the City of Carlsbad acting either directly or
through designated representatives and the third level of appeal for informal dispute resolution.
Engineer of Record/Design Engineer – A registered Professional Engineer licensed in the State of
California who is qualified to act as an agent of a Project Owner or to prepare Plans for facilities
to be accepted by the City of Carlsbad or the Carlsbad Municipal Water District. The term includes
persons licensed in the State of California as Civil Engineers or Structural Engineers, as well as
other licensed professionals like Architects and Landscape Architects.
Executive Manager – The appointed official who directs the administration of the Carlsbad
Municipal Water District.
Field Book - The Agency field maps showing sewer and water facilities.
Field Order - A Field Order is a written agreement by the Engineer to compensate the Contractor
for work items in accordance with 2-8, “EXTRA WORK” or 2-9, “CHANGED CONDITIONS.” A Field
Order does not change the Contract Price or Contract Time or the intent of the Contract. The
unused portions of the Field Orders shall revert to the Agency upon acceptance of the Work.
Final Environmental Document - The CEQA and/or NEPA document issued for the Project, such
as certified environmental impact reports, mitigated negative declarations (MNDs), negative
declarations, or exemptions.
Final Payment - The last payment for the Contract made to the Contractor, excluding Retention.
Float – The number of days by which an activity in the Construction Schedule may be delayed
from either its earliest start date or earliest completion date without extending the Contract Time
(total float). Total float belongs to the Project and to any Party to accommodate changes in
the Work or to mitigate the effect of events which may delay completion.
Holiday - Holidays observed by the Agency are listed below:
Holiday Observed On
New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
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Holiday Observed On
Indigenous Peoples’ Day 2nd Monday in October
Veteran’s Day November 11
Thanksgiving Day 4th Thursday/Friday in
November
Christmas Day December 25
If any Holiday listed falls on a Saturday, the Saturday and the preceding Friday are both legal
Holidays. If the Holiday falls on a Sunday, both Sunday and the following Monday shall be legal
Holidays. Unless specified otherwise in the Contract Documents or authorized by the Engineer,
do not work on Holidays.
Limited Notice to Proceed (LNTP) - A written notice given from the Agency that authorizes the
Contractor to start a limited amount of work that, as described in the notice, is not Construction
Work.
Minor Bid Item – a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Night Work - See Working Night.
Normal Working Hours - Unless specified otherwise, Normal Working Hours core periods shall
be 8:00 AM to 4:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and Agency
Holidays are excluded. For Traffic Control and Right of Way Permits, Normal Working Hours are
defined as 8:30 AM to 3:30 PM, unless specified otherwise.
Notice of Completion (NOC) - A document recorded with the County of San Diego to signify that
the Work has been completed and accepted by the Agency.
Party or Parties - The Agency, the Contractor, or both, their respective permitted successors or
assigns, and any other future signatories to the Contract.
Plans – The drawings, profiles, cross sections, Standard Plans, working drawings, and shop
drawings, or reproductions thereof, approved by the City Engineer, which show the location,
character, dimensions or details of the Work.
Prime Contractor - See Contractor.
Project Inspector – the Engineer’s designated representative for inspection, Contract
administration and the first level for informal dispute resolution.
Project Site (Site) - Areas where the Work is performed pursuant to the Contract.
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Punchlist - A list of items of Work or corrections generated after a Walk-through that is
conducted when the Contractor considers that the Work and Services are complete.
Quality Control Standards and Procedures - The standards and procedures that are stated in a
written manual that can be furnished to the Engineer upon request. The standards and
procedures are followed by the Supplier in the production of materials supplied for the Work
Site.
Red-lines - Plans with annotations of changes made during construction to reflect the actual
improvements or facilities built during construction whether concealed or visible.
Retention - The amount withheld from the money due to the Contractor in accordance with 7-
3.2, “PARTIAL AND FINAL PAYMENT.”
Samples - Physical examples of the materials, equipment, or workmanship specified or required
and which conform with the standards and specifications in the Contract Documents and by
which the Work shall be evaluated.
Schedule - A Critical Path Method (CPM) schedule of construction activities and their durations
to be performed during the Contract Time and prepared by the Contractor in accordance with 6-
1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK,” and accepted by the
Engineer.
Scope of Work (SOW) - Labor, materials, equipment, facilities, and services required to be
performed or provided by the Contractor to complete the entire Project or the various separately
identifiable parts of the Project pursuant to the provisions of the Contract Documents.
Services - Work performed in connection with the layout, construction, testing, inspection, and
commissioning of the Work or administration of the Contract and which may include professional
services such as engineering, surveying, construction management and legal services that are
required in accordance with the Contract Documents. Services are incidental to the Work.
Separate Contractors - Those individuals or entities that have entered into arrangements with
the Agency for the provision of labor, materials, or other services in connection with the Project
who are not under contract with the Contractor.
Signal Pre-Check - The procedure that the City uses to evaluate traffic signal systems prior to
Signal Turn-On and generating a Punchlist.
Signal Turn-On - The day the City activates new traffic signals.
Supplemental Provisions – See Agency Supplement.
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Tonne – Also referred to as “metric ton.” Represents a unit of measure in the International
System of Units equal to 1,000 kilograms.
Walk-through - The procedure the Agency uses to evaluate the status of the Project and to
generate a Punchlist prior to acceptance of the Work.
Work – All labor, materials, equipment, tools, and services and other requirements of the
Contract Documents as modified by Change Order, whether completed or partially completed,
provided or to be provided by Contractor to fulfill Contractor’s obligations. The Work may
constitute the whole or a part of the Project.
Working Day - 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:
• Saturday;
• Sunday;
• any day designated as a holiday by the Agency;
• any other day designated as a holiday in a Master Labor Agreement entered into by the
Contractor or on behalf of the Contractor as an eligible member of a contractor
association;
• any day the Contractor is prevented from working at the beginning of the workday for
cause as defined in Section 6-6.1; or
• any day the Contractor is prevented from working during the first 5 hours with at least 60
percent of the normal work force for cause as defined in Section 6-6.1.
Working Night (Night Work) - A period of nighttime work, allowed only on Sunday through
Thursday, excluding Holidays.
Work Site - See Project Site (Site).
1-3 ABBREVIATIONS.
1-3.1 General.
The abbreviations are applicable to the Standard Specifications and the Special Provisions.
Additional abbreviations shall be as shown on the Plans or specified in the other portions of the
Contract Documents.
1-3.2 Common Usage.
ADD the following:
AML Approved Material List
CADD Computer Aided Design and Drafting
CA MUTCD California Manual on Uniform Traffic Control Devices
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CCT Correlated Color Temperature
CEQA California Environmental Quality Act.
CFR Code of Federal Regulations
CGP Construction General Permit
CIPM Cured-In-Place-Manhole
CL Centerline
CMS Content Management System Database
CNC Computer Numerical Control
CRI Color Rendering Index
CSA Canadian Standards Association
DBE Disadvantaged Business Enterprise
DCE Data Computer Equipment
DG Decomposed Granite
DVBE Disabled Veteran Business Enterprise
DWT Detectable Warning Tiles
EOW Engineer of Work
ESL Environmentally Sensitive Lands
ESO Electrical Service Orders
FRP Fiberglass Reinforced Plastic
GFE Good Faith Effort
GMT Greenwich Mean Time
GPS Global Positioning System
IDA International Dark Sky Association
IP Ingress Protection
LCD Liquid Crystal Display
LD Laser Diode
LER Luminaire Efficiency Rating
MBE Minority Business Enterprise
MDFT Minimum Dry Film Thickness
MHPA Multiple Habitat Planning Area
MH Manhole
MIL Military
MJ Mechanical Joint
M&M Maintenance and Monitoring
MMC Mitigation and Monitoring Coordination
MOV Metal Oxide Varistor
NA Numerical Aperture
NC Not Connected, Normally Closed
NEPA National Environmental Policy Act of 1969
NEXT Near End Crosstalk
NCHRP National Cooperative Highway Research Program
NOC Notice of Completion
NPDES National Pollutant Discharge Elimination System
NTP Notice to Proceed
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OC On Center
ODP Open Drip Proof
OFNR Optical Fiber Nonconductive Riser
OTDR Optical Time Domain Reflectometer
PB Pull Box
PCMS Portable Changeable Message Signs
PCU Photoelectric Control Unit
PEP Plant Establishment Period
PIC Polyethylene Insulated Cable
PL Property Line
RFP Request for Proposal
RFI Request for Information
RPMS Rubber Polymer Modified Slurry
SIC Standard Industry Classification
SMS Short Message Service
SMTP Simple Mail Transfer Protocol
SOW Statement of Work, Scope of Work
SOV Schedule of Values
SPDT Single Pole Double Throw
SSD Surge Suppression Devices
TDR Time Domain Reflectometer
TEES Transportation Electrical Equipment Specifications
TFFN Thermoplastic Flexible Fixture Wire Nylon Jacketed
TIG Tungsten Inert Gas
UF Underground Feeder
UPRR Union Pacific Railroad Company
VAC Volts AC
VPC Vitrified Polymer Composite
WBE Women Business Enterprise
1-3.3 Institutions.
ADD the following:
AMTRACK American Track National Railroad Passenger Corp.
ANSI American National Standards Institute
APCD Air Pollution Control District – County of San Diego
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
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BNSF Burlington Northern Santa Fe Railway
DSD Development Services Department
FHWA Federal Highway Administration
GRI Geosynthetic Research Institute
IPCEA Insulated Power Cable Engineers Association
IES Illuminating Engineering Society (Photometric Data)
ISO International Organization for Standardization
MTS San Diego Metropolitan Transit System
NACE National Association of Corrosion Engineers
NAFP National Association of Pipe Fabricators
NCTD North County Transit District
NEMA National Electrical Manufacturers Association
NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce)
NFPA National Fire Protection Association
PCI Prestressed Concrete Institute
SANDAG San Diego Association of Governments
SD&AE San Diego & Arizona Eastern Railroad
SDTI San Diego Trolley, Inc.
UL Underwriters’ Laboratories Inc.
USGS United States Geological Survey
UPRR Union Pacific Railroad Company
1-6 BIDDING AND SUBMISSION OF THE BID.
1-6.2 Subcontractor Listing.
ADD the following:
Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100
through 4113. The use of Subcontractors in no way relieves the Contractor of any obligations or
responsibilities under the Contract.
The following excerpts or summaries of some of the requirements of this Chapter are included
below for information:
The Bidder shall set forth in the Bid, as provided in Section 4104:
“(a) The name and location of the place of business of each Subcontractor who will
perform Work or Labor or render service to the prime Contractor in or about the
construction of the Work or improvements, or a Subcontractor licensed by the State of
California who, under Subcontract to the prime Contractor, specially fabricates and
installs a portion of the Work or improvement according to detailed Drawings contained
in the Plans and Specifications, in an amount in excess of one-half of 1 percent of the
prime Contractor’s total Bid, or, in the case of Bids or offers for the construction of streets
or highways, including bridges, in excess of one-half of 1 percent of the prime Contractor’s
total Bid or ten thousand dollars ($10,000), whichever is greater.”
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“(b) The portion of the Work which will be done by each such Subcontractor under this
act. The prime Contractor shall list only one Subcontractor for each such portion as is
defined by the prime Contractor in his Bid.”
If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the
same portion of the Work to be performed under the Contract (in excess of one-half of 1 percent
of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and
shall perform that portion itself, except as otherwise provided in the Code.
As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as
Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by
procedures established in Section 4107.5. This section provides procedures to correct a clerical
error in the listing of a Subcontractor.
Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates
the Contract and the Board may exercise the option either to cancel the Contract or assess the
Contractor a penalty in an amount of not more than 10 percent of the Subcontract involved, after
a public hearing.
1-7 AWARD AND EXECUTION OF THE CONTRACT.
1-7.1 General.
DELETE in its entirety and SUBSTITUTE with the following:
1-7.1 Standard Contract Provisions.
1-7.1.1 Successor’s Obligations.
All grants, covenants, provisions and claims, rights, powers, privileges and abilities contained in
the Contract Documents shall be read and held as made by and with, and granted to and imposed
upon, the Contractor, the Agency, and the Contractor’s and the Agency’s respective heirs,
executors, administrators, successors, and assigns.
1-7.1.2 Waiver of Legal Rights.
1. The Agency’s failure to insist, in any 1 or more instances, upon the performance of any
provision of the Contract, or to exercise any right therein, shall not be construed as a
waiver or relinquishment of such provisions or rights.
2. Any waiver of any breach of the Contract shall not be held to be a waiver of any other or
subsequent breach.
3. Any waiver the Agency issues to any provision of the Contract shall only be effective if it
is agreed upon in writing by the Agency and if it is specific to the matter concerned.
1-7.1.3 Requests for Information (RFI).
1. Inquiries from the Contractor seeking clarification of the requirements of the Contract
Documents shall be submitted through Procore to the Agency as a Request for
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Information (RFI). Each RFI shall be consecutively numbered and accompanied by a letter
of transmittal with reference to the applicable Contract specification or Plan sheet
pertaining to the inquiry. Include photos or sketches as appropriate to clearly describe
the inquiry. The Contractor shall allow a minimum of 10 Working Days for review of RFIs.
1-7.1.4 Assignment to Awarding Body.
1. In accordance with subdivision (b) of Public Contract Code Section 7103.5, the Contractor
and the Contractor’s Subcontractors shall conform to the following requirements:
a. 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 the Contractor’s
Subcontractor offer and agree to assign to the awarding body all rights, title, and
interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S.C. Sec. 15) or under the Cartwright Act (Business and Professions Code Section
16700 et seq.) arising from purchases of goods, services, or materials pursuant to the
public works contract or the subcontract.
b. This assignment shall be made and become effective at the time the awarding body
tenders to the Contractor, without further acknowledgment by the Parties.
1-7.2 Contract Bonds.
ADD the following:
1. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be
approved by the Board in the amounts and for the purposes noted below. Bonds issued by a
Surety, who is authorized to issue bonds in California, and whose bonding limitation shown
in the circular is enough to provide bonds in the amount required by the Contract shall be
deemed approved unless specifically rejected by the Agency. Bonds from all other sureties
shall be accompanied by all documents enumerated in Code of Civil Procedure Section
995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.
2. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and
Surety and the signature of the authorized agent of the Surety shall be notarized.
3. The faithful performance/warranty bond will be reduced to 25 percent of the original amount
30 Calendar Days after recordation of the Notice of Completion and will remain in full force
and effect for the 1-year warranty period and until all warranty repairs are completed to the
satisfaction of the Engineer. The bond to secure payment of laborers and materials suppliers
shall be released 6 months plus 30 Calendar Days after recordation of the Notice of
Completion if all claims have been paid.
4. All bonds are to be placed with a Surety insurance carrier admitted and authorized to transact
the business of insurance in California and whose assets exceed its liabilities in an amount
equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
a. An original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws,
or other instrument entitling or authorizing the person who executed the bond to do so.
b. A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
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5. If the Bid is accepted, the Agency may require a financial statement of the assets and liabilities
of the Surety for the quarter calendar year preceding the date of the execution of the bond.
The financial statement shall be made by an officer’s certificate as defined in Corporations
Code Section 173. In the case of a foreign Surety, the financial statement may be verified by
the oath of the principal officer or manager residing within the United States.
6. If the Surety on any bond furnished by the Contractor is declared bankrupt, becomes
insolvent, or its right to do business is terminated in any state where any part of the Project
is located, immediately notify the Engineer; and immediately substitute another bond and
Surety acceptable to the Agency.
7. The Contractor shall require the Surety to mail its standard “Bond Status” form to the Agency.
ADD the following section:
1-7.2.1 Payment.
1. If enumerated in the Contract Documents, the Bid item for “Bonds (Payment and
Performance)” includes full compensation for actual costs of payment and performance
bonds. The Contractor may submit a request for payment of actual invoiced costs up to the
Bid amount, but not to exceed 2.5% of the Contract Price, no less than 10 Working Days after
the award of the Contract.
2. If enumerated in the Contract Documents, if the Bid item for “Bonds (Payment and
Performance)” exceeds actual invoiced costs, any such differential amount up to the Bid
amount shall be paid as a part of the Final Payment.
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SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE.
ADD the following:
1. Where approval or acceptance by the Agency is required, only a general Agency approval is
required. However, such approval does not relieve the Contractor from the Contractor’s
responsibility for complying with all applicable laws, codes, and best industry practices.
Contractor has its obligation to fulfill all conditions of the Contract.
2. In accordance with the provisions of California Law, the Contractor shall possess or require
the Contractor’s Subcontractor(s) to possess valid appropriate license(s) for the Work being
performed as conveyed in the Bidding Documents.
2-2 PERMITS.
DELETE in its entirety and SUBSTITUTE with the following:
2-2 PERMITS, FEES, AND NOTICES.
1. The Contractor shall obtain and pay for all business taxes, business licenses, permits, and fees
required for constructing the Project and licenses and inspections necessary for the proper
execution and completion of the Work, unless specified otherwise in the Contract Documents
and as referenced in Section 01 41 26.
a. To the extent that there is a change in the type or cost of any of such permits, fees,
licenses, or inspection occurring after Award of Contract, there shall be an equitable
adjustment in the Contract Price on account of such change under the Extra Work
provisions.
b. The Contractor shall comply with and give notices required by applicable laws. The
Contractor is not entitled to damages or additional payment for delays attributable to the
acquisition of permits.
c. The Contractor shall pay the Agency for regulatory fees, fines, or penalties imposed on
the Agency arising from the Contractor’s failure to complete the Work in accordance with
the Contract Documents.
2. Contractor shall not begin work until all permit’s incidental to the Work are obtained. This
includes, and is not limited to, encroachment, right-of-way, grading and building permits
necessary to perform Work for this Contract on Agency property, streets, or other rights-of-
way. Permits for night work, overload, blasting, demolition, and disposal of all materials
removed from the Project are also Contractor’s responsibility.
3. The Contractor shall obtain and pay for all permits for the disposal of all materials removed
from the Project. The cost of the permit(s) shall be included in the price Bid for the
appropriate Bid item and the Agency shall not pay additional compensation for Contractor to
obtain such permits and as described in Section 01 41 26.
4. Permits shall be maintained in valid status until acceptance of the Work by the Agency.
5. The Contractor shall submit a copy of permits, registration documents and/or notices to the
Engineer in accordance with 3-8.
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2-2.2 County of San Diego Air Pollution Control District (APCD).
Diesel-engine driven generators, pumps, or other equipment regulated by air pollution control
authorities shall have a valid permit or registration in accordance with the California Air
Resources Board and the San Diego County Air Pollution Control District (SDAPCD) regulations
prior to mobilization to the site.
The Contractor shall pay for and secure an “Authority to Construct” permit from the SDAPCD
prior to construction.
a. The Contractor shall forward the original copy of the “Construction Completion Notice”
to the Engineer upon completion of construction and successful start up-testing.
b. The Contractor shall arrange and pay for inspection as required by SDAPCD.
2-3 RIGHT-OF-WAY.
ADD the following:
1. The Contractor shall coordinate access to private property with the property owners and the
timing of accessing private property when the Agency has already obtained rights of entry.
Unless otherwise provided, the Contractor shall coordinate, pay for, and assume all
responsibility for acquiring using, and disposing of additional work areas and facilities
temporarily required. The Contractor shall indemnify and hold the Agency harmless from all
claims for damages caused by such actions. The Contractor shall protect any private and
public improvements.
2-4 COOPERATION AND COLLATERAL WORK.
ADD the following:
1. The Contractor shall coordinate and cooperate with all the utility companies during the mark-
out and locating of their lines or during their relocation or construction, if necessary. The
Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is
caused by the utility company. No additional compensation will be made to the Contractor
for any such delay.
2. If work to be performed by the Agency or its separate Contractors is not shown or specified
in the Contract Documents, the Engineer shall notify the Contractor in writing 10 Working
Days prior to the start of such work and make available Plans or Specifications for work to be
performed by others that may be pertinent to Contractor’s Work. If Contractor determines
that the work to be performed by the Agency or its separate Contractors may interfere with
or cause damage or delays to Contractor’s Work, notify the Engineer in writing within 3
Working Days of the Engineer’s notice. The Contractor shall diligently pursue with the
Engineer resolution of potential conflicts with the work of others.
3. The Contractor shall prepare and submit to the Engineer for approval a plan and schedule to
integrate the work of Contractor or its Subcontractors, Agency or the work of others. The plan
shall conform to the tasks identified in the Construction Schedule and identify additional tasks
as necessary and the sequencing of interrelated activities.
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2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.2 Temporary Utility Services.
ADD the following:
1. The Contractor shall furnish, install, maintain, and remove all temporary utility services, such
as light, power, electrical, gas, and water, at its own expense for construction and
maintenance activities until acceptance of Work. These include piping, wiring, lamps, and a
250-KW backup generator and other equipment necessary for the Work.
2. The Contractor shall obtain a construction meter for water used for the construction, testing,
disinfection and flushing of new water or sewer facilities, vegetation establishment and
maintenance, site maintenance, landscaping, cleanup, and all other work requiring water.
The Contractor shall contact the water agency that serves the Project Site for requirements.
3. The Contractor shall pay all costs of temporary light, power and water including hookup,
service, meter, and any, and all, other charges, deposits and/or fees. The costs shall be
considered incidental to the items of Work that they are associated with and no additional
payment will be made for them.
4. The Contractor shall obtain necessary permits and pay associated fees from the County APCD
to furnish and operate the temporary backup generator. Refer to the technical specifications
for further requirements regarding the temporary backup generator.
2-5.4 Haul Routes.
DELETE in its entirety and SUBSTITUTE with the following:
1. Haul routes shall be determined by the Contractor and permit shall be submitted to the City
for approval. See 2-2 Permits, Fees and Notices.
2-6 CHANGES REQUESTED BY THE CONTRACTOR.
ADD the following:
1. Any plan or method of work suggested to the Contractor by the Agency, but not specified or
required by the Contract or Change Order, which is adopted or followed by the Contractor in
whole or in part shall be done at the Contractor’s sole risk and responsibility.
2. The Contract Price is not subject to adjustment for any type of tax increases after the Award.
ADD the following:
2-6.1 Cost Reduction Proposal.
1. The Contractor may submit to the Engineer in writing, proposals for modifying the Plans,
Specifications, or other requirements of the Contract for the sole purpose of reducing the
total cost of construction.
2. The cost reduction proposal shall not impair, in any manner, the essential functions or
characteristics of the Project such as service life, economy of operation, ease of maintenance,
quality, desired appearance, or design and safety standards.
3. The following information must be included in the cost reduction proposal:
a. A description of both the existing Contract requirements for performing the Work and the
proposed changes.
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b. An itemization of the Contract requirements that shall be changed if the proposal is
adopted.
c. A detailed estimate of the cost of performing the Work under the existing Contract and
under the proposed change.
d. A statement of the time within which the Engineer shall act on the cost reduction
proposal.
e. The Contract items of Work affected by the proposed changes, including any quantity
variation attributable thereto.
4. This subsection does not require the Engineer to consider any cost reduction proposal. The
Agency shall not be liable to the Contractor for not approving or acting upon any cost
reduction proposal the Contractor submitted nor for any delays to the Work attributable to
the cost reduction proposal.
5. If a cost reduction proposal is similar to the information included in the Contract Documents
or adopted by the Agency after the advertisement and prior to Award of the Contract, the
Engineer will not accept such proposal and reserves the right to make such changes without
compensation to the Contractor under the provisions of this subsection.
6. The Contractor shall continue to perform the Work in accordance with the requirements of
the Contract until a Change Order incorporating the cost reduction proposal has been issued.
7. The Engineer is the sole judge of the acceptability of a cost reduction proposal and the
estimated net savings. In determining the estimated net savings, the Agency has the right to
disregard the Contract Bid prices if, in the judgment of the Engineer, such prices do not
represent a fair measure of the value of the Work to be performed or to be deleted.
8. The Agency reserves the right to require the Contractor to share in the Agency’s costs of
investigating the Contractor’s cost reduction proposal. When this is required, the Contractor
shall indicate the Contractor’s acceptance in writing allowing the Agency to deduct amounts
payable to the Contractor.
9. If the Engineer accepts the Contractor’s cost reduction proposal in whole or in part, the
Engineer shall issue a Change Order to incorporate the changes in the Plans and Specifications
which are necessary to permit the cost reduction proposal or such part of it as has been
accepted to be put into effect. If the Engineer’s approval is conditional, the Change Order
shall include any conditions upon which the Engineer’s approval is based.
10. The Change Order also includes the estimated net savings in the cost of performing the Work
due to the accepted cost reduction proposal and provides that the Contract cost be adjusted
by crediting the Agency with 50% of estimated net savings amount.
11. The Contract Time shall not be extended by the acceptance of the cost reduction proposal
and the performance of the Work unless specified otherwise in the Change Order.
12. The amount specified as payable to the Contractor in the Change Order is full compensation
for the cost reduction proposal and the performance of the Work.
13. The Agency expressly reserves the right to adopt a cost reduction proposal for general use on
contracts administered by the Agency when it determines that the proposal is suitable for
application to other contracts. When an accepted cost reduction proposal is adopted for
general use, only the Contractor who first submitted such proposal shall be eligible for
compensation subject to this subsection, and in that case, only for contracts awarded prior
to submission of the accepted cost reduction proposal.
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14. The cost reduction proposals identical or similar to previously submitted proposals shall be
eligible for consideration and compensation under the provisions of this subsection if the
identical or similar previously submitted proposals were not adopted for general application
to other contracts administered by the Agency.
15. Subject to the provisions contained in the Contract, the Agency or any other public agency
shall have the right to use all or any part of any submitted cost reduction proposal without
obligation or compensation of any kind to the Contractor.
16. The Contractor shall bear all costs to revise bonds for the Project to include the cost reduction
incentive proposal work.
2-7 CHANGES INITIATED BY THE AGENCY.
2-7.1 General.
ADD the following:
1. Unless expressly set forth in writing in a Change Order signed by the Agency and the
Contractor, changes initiated by the Agency shall not be construed as the Agency directing
the Contractor’s mean-and-methods in the execution of the Work.
2-7.2 Payment-Contract Unit Prices.
1. If a change is ordered in an item of work covered by a Contract Unit Price, and such change
does not involve substantial change in character of the Work from that shown on the Plans
or specified in the Specifications, then an adjustment in payment will be made. This
adjustment will be based upon the increase or decrease in quantity and the Contract Unit
Price.
2. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in
conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or
less, payment will be made at the Contract Unit Price. If the actual quantity of the item of
work varies from the Bid quantity by more than 50 percent, payment will be made per Section
2-7.3 or 2-7.4 as appropriate.
3. If a change is ordered in an item of work covered by a Contract Unit Price, and such change
does involve a substantial change in the character of the Work from that shown on the Plans
or specified in the Specifications, an adjustment in payment will be made per Section 2-7.6.
2-7.3 Payment – Increases of More than 50 Percent.
1. Should the actual quantity of an item of Work covered by a Contract Unit Price and
constructed in conformance with the Plans and Specifications, exceed the Bid quantity by
more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity
will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by
the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work
per Section 2-8. The Extra Work per Section 2-8, basis of 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.
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2-7.4 Payment – Decreases of More than 50 Percent.
Should the actual quantity of an item of Work covered by a Contract Unit Price, and constructed
in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an
adjustment in payment will not be made unless so requested in writing by the Contractor. If the
Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit
Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on
the basis of Extra Work per Section 2-8; however, in no case will payment be less than would be
made for the actual quantity at the Contract Unit Price nor more than would be made for 50
percent of the Bid quantity at the Contract Unit Price.
2-7.5 Stipulated Unit Prices.
Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as
distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may
be used for the adjustment of Contract changes when so specified in the Supplemental General
Provisions.
2-7.6 Agreed Prices.
Agreed Prices are prices for new or unforeseen Work, or adjustments in Contract Unit Prices per
Section 2-7.2, established by mutual agreement between the Contractor and the Agency. If
mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the
basis of Extra Work in accordance with Section 2-8, except as otherwise specified in Sections 2-
7.3 and 2-7.4.
2-7.7 Schedule of Values.
Before construction, Contractor shall provide a schedule of values in accordance with Section 3-
8 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 partial payments and Change Orders to the Project.
2-7.8 Eliminated Items.
Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its
actual costs incurred in connection with the eliminated item prior to notification in writing from
the Engineer so stating its elimination. If material conforming to the Plans and Specifications is
ordered by the Contractor for use in the eliminated item prior to the date of notification of
elimination by the Engineer, and if the order for that material cannot be canceled, payment will
be made to the Contractor for the actual cost of the material. In this case, the material shall
become the property of the Agency. Payment will be made to the Contractor for its actual costs
for any further handling. If the material is returnable, the material shall be returned, and payment
will be made to the Contractor for the actual cost of charges made by the supplier for returning
the material and for handling by the Contractor. Actual costs, as used in this Agency Supplement,
shall be computed on the basis of Extra Work per Section 2-8.
2-8 EXTRA WORK.
ADD the following:
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1. New or unforeseen Work will be classified as “Extra Work” when the Engineer determines
that it is not covered by Contract Unit Prices or stipulated unit prices.
2. Any request by the Contractor for Extra Work shall be in writing to the Engineer and shall
include itemized estimates and in accordance with Section 7-4. The Contractor shall fully
itemize the Extra Work cost estimates such as labor and payroll costs, quantities, crew
composition, production rates, material costs, Subcontractor and Supplier costs, equipment
costs, supplemental costs, and time impact.
2-9 CHANGED CONDITIONS.
ADD the following:
The Contractor shall promptly notify the Engineer of the following Work Site conditions
(“Changed Conditions”), in writing, upon their discovery and before they are disturbed:
1. Subsurface or latent physical conditions differing materially from those represented in the
Contract;
a) 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
b) differing from that represented in the Contract which the Contractor believes may be
hazardous waste, as defined in Health and Safety Code Section 25117, that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of
existing law.
The Engineer will promptly investigate conditions which appear to be Changed Conditions. If the
Engineer determines that conditions are Changed Conditions and they will materially affect
performance time, the Contractor, upon submitting a written request, will be granted an
extension of time subject to Section 6-4.2.
If the Engineer determines that the conditions do not justify an adjustment in compensation, the
Contractor will be notified in writing. This notice will also advise the Contractor of its obligation
to notify the Engineer in writing if the Contractor disagrees.
The Contractor’s failure to give notice of Changed Conditions promptly upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection with them.
1. The Contractor shall not be entitled to the payment of any additional compensation for any
act, or failure to act, by the Engineer, including failure or refusal to issue a Change Order, or
for the occurrence of any event or other cause, unless the Contractor shall have first given
the Engineer written notice of potential claim as specified in this Section 2-9. Compliance with
this section shall not be required as a prerequisite to notice provisions in Section 6-4.2(4)
Extensions of Time, nor to any claim that is based on differences in measurement or errors
of computation as to Contract quantities.
2. The Contractor shall provide the Agency with a written document containing a description of
the particular circumstances giving rise to the potential claim, the reasons for which the
Contractor believes additional compensation may be due and the nature of any and all costs
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involved within 20 Working Days of the date of service of the written notice of potential claim
for Changed Conditions. Verbal notifications will not be accepted.
3. The potential claim shall include the following certification relative to the California False
Claims Act, Government Code Sections 12650-12656.
“The undersigned certifies that the above statements are made in full awareness of the
California False Claims Act, Government Code Sections 12650-12656. The undersigned
further understands and agrees that this potential claim, unless resolved, must be restated
as a claim in response to the Agency’s proposed final estimate for it to be further considered.”
By: Title:
Date:
Company Name:
4. The Contractor’s estimate of costs may be updated when actual costs are known. The
Contractor shall submit proof of its actual costs to the Engineer within 20 Working Days after
the affected Work is completed. Failure to do so shall be cause to deny any later-filed claim
regarding a potential claim described in this Section 2-9.
5. The intent of this Section 2-9 is to have differences between the parties arising under the
Contract brought to the attention of the Engineer at the earliest possible time so that such
matters can be settled, if possible, or other appropriate action promptly taken.
6. The Contractor shall not be entitled to the payment of any additional compensation for any
act, or failure to act, by the Engineer, including failure or refusal to issue a Change Order, or
for the occurrence of any event or other cause, unless the Contractor shall have first given
the Engineer written notice of potential claim as specified in this section. Compliance with
this section is not a prerequisite to notice provisions in “6-4.2 Extensions of Time”, nor to any
claim that is based on differences in measurement or errors of computation as to Contract
quantities. 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.
2-10 DISPUTED WORK.
ADD the following subsections:
2-10.1 Potential Claims and Claims.
1. A Potential Claim and Claim is a written demand by the Contractor that seeks an adjustment
in the Contract Price, Contract Time, or other relief associated with a dispute arising under or
relating to the Contract, including a breach of any Contract provision. A voucher, invoice, or
other routine request for payment is not a Potential Claim or Claim.
2. A Potential Claim shall conform to these specifications and may be considered after the
Agency has previously denied a request by the Contractor for a Change Order seeking the
demanded relief.
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3. The Contractor shall submit a Potential Claim to the Engineer if a dispute occurs that arises
from or relates to the Contract. The Potential Claim shall seek all relief to which the
Contractor asserts the Contractor is entitled as a result of the event(s) giving rise to the
dispute. The Contractor’s failure to process a Potential Claim in accordance with these
specifications shall constitute a waiver of all relief associated with the dispute. Potential
Claims are subject to 6-10, “Right to Audit.”
4. The Contractor shall continue to perform the Services and Work and shall maintain the
Schedule during any dispute proceedings. The Engineer will continue to make payments for
undisputed Services and Work.
5. The Agency’s Potential Claims process specified in the Agency Supplement shall not relieve
the Contractor of the Contractor’s statutory obligations to present Claims prior to any action
under the Government Code.
6. Except for those final payment items disputed in the written statement required in Section
7-3.2, all Potential Claims of any dollar amount shall be submitted in a written statement by
the Contractor no later than the date of receipt of the final payment estimate. Those final
payment items disputed in the written statement required in Section 7-3.2 shall be submitted
no later than 30 Calendar Days after receipt of the Final Payment estimate. No Potential Claim
will be considered that was not included in this written statement, nor will any Potential Claim
be allowed for which written notice or protest is required under any provision of this
Contract, including Sections 2-9 Changed Conditions, 2-10 Disputed Work, 4-1(22) Protection,
6-4.4 Written Notice and Report, or 6-4.2(4) Extensions of Time, unless the Contractor has
complied with notice or protest requirements.
7. The Engineer will consider Contractor’s filed Potential Claims, which must be detailed enough
so the Engineer can determine the basis and amount of the Potential Claims. Contractor shall
provide the Engineer additional information to determine the facts or contentions involved
in a Potential Claim if requested by the Engineer. If additional information is needed,
Contractor must provide Engineer with this information within a reasonable time of being
asked for additional information. Failure to submit such information and details will be
sufficient cause for denying the Claims.
8. Payment for Potential Claims shall be processed by the next payment application of their
resolution for those Potential Claims approved by the Engineer. The Contractor shall proceed
with informal dispute resolution under Section 2-10, Disputed Work, for those Potential
Claims remaining in dispute.
2-10.1.1 Initiation of Potential Claim.
1. A Potential Claim is a written demand by the Contractor that seeks an adjustment in the
Contract Price, Contract Time, or other relief associated with a dispute arising under or
relating to the Contract, including a breach of any provision of the Contract. A voucher,
invoice, payment application or other routine request for payment is not a Claim. A Claim
shall conform to these specifications and may be considered after the City has previously
denied a request from the Contractor for a Change Order seeking the demanded relief. The
Contractor shall, consistent with 2-10.1.2, give the Agency written notice of Claim prior to
commencing any Disputed Work. Failure to give the notice shall constitute a waiver of all
Claims in connection with the Disputed Work. If the Contractor and the Agency are unable to
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reach agreement on Disputed Work, the Agency may direct the Contractor to proceed with
the Work and such direction shall not be construed as the Agency directing the Contractor’s
mean-and-methods in the execution of the Work. After the Agency has rejected a Change
Order request and prior to proceeding with dispute resolution pursuant to the Public Contract
Code, applicable provisions of which are specified below, the Contractor shall attempt to
resolve all disputes informally through the following dispute resolution chain of command:
i. Project Inspector
ii. Construction Manager
iii. Deputy City Engineer/Engineering Manager
iv. City Engineer
v. City Manager or Executive Manager
2. Consistent with Section 2-10.1.2, the Contractor shall submit a complete report within 20
Working Days after completion of the Disputed Work stating its position on the Potential
Claim, the contractual basis for the Potential Claim, along with all documentation supporting
the costs, Contract Time, and all other evidentiary materials. At each level of Potential Claim
or appeal of Potential Claim the Agency will, within 10 Working Days of receipt of the
Potential Claim or appeal of Potential Claim, review the Contractor’s report and respond with
a position, request additional information or request that the Contractor meet and present
its report. When additional information or a meeting is requested the Agency will provide its
position within 10 Working Days of receipt of the additional information or Contractor’s
presentation of its report. The Contractor may appeal each level’s position up to the City
Manager or Executive Manager for Potential claims after which the Contractor may proceed
under the provisions of the Public Contract Code. The Agency’s failure to state a position or
otherwise respond to a Potential Claim within the timeframes set forth above shall be
deemed a rejection of the Potential Claim by the Agency.
3. The authority within the dispute resolution chain of command is limited to recommending a
resolution to a Potential Claim to the City Manager for the City of Carlsbad or Executive
Manager for the Carlsbad Municipal Water District. Actual approval of the Potential Claim is
subject to the Change Order provisions in the Contract.
4. Any remaining Potential Claims not resolved by the informal dispute resolution process
described above shall be resolved in accordance with Public Contract Code Section 9204, the
relevant portion of which is included below:
(d)(1)(A) Upon receipt of a Claim pursuant to this section, the public entity to which
the Claim applies shall conduct a reasonable review of the Claim and, within a period
not to exceed 45 days, shall provide the Claimant a written statement identifying what
portion of the Claim is disputed and what portion is undisputed. Upon receipt of a
Claim, a public entity and a Contractor may, by mutual agreement, extend the time
period provided in this subdivision.
(B) The Claimant shall furnish reasonable documentation to support the Claim.
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(C) If the public entity needs approval from its governing body to provide the Claimant
a written statement identifying the disputed portion and the undisputed portion of
the Claim, and the governing body does not meet within the 45 days or within the
mutually agreed to extension of time following receipt of a Claim sent by registered
mail or certified mail, return receipt requested, the public entity shall have up to three
days following the next duly publicly noticed meeting of the governing body after the
45-day period, or extension, expires to provide the Claimant a written statement
identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the Claim shall be processed and
made within 60 days after the public entity issues its written statement. If the public
entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the Claimant disputes the public entity's written response, or if the public
entity fails to respond to a Claim issued pursuant to this section within the time
prescribed, the Claimant may demand in writing an informal conference to meet and
confer for settlement of the issues in dispute. Upon receipt of a demand in writing
sent by registered mail or certified mail, return receipt requested, the public entity
shall schedule a meet and confer conference within 30 days for settlement of the
dispute.
(B) Within 10 business days following the conclusion of the meet and confer
conference, if the Claim or any portion of the Claim remains in dispute, the public
entity shall provide the Claimant a written statement identifying the portion of the
Claim that remains in dispute and the portion that is undisputed. Any payment due
on an undisputed portion of the Claim shall be processed and made within 60 days
after the public entity issues its written statement. Any disputed portion of the Claim,
as identified by the Contractor in writing, shall be submitted to nonbinding mediation,
with the public entity and the Claimant sharing the associated costs equally. The
public entity and Claimant shall mutually agree to a mediator within 10 business days
after the disputed portion of the Claim has been identified in writing. If the parties
cannot agree upon a mediator, each party shall select a mediator and those mediators
shall select a qualified neutral third party to mediate with regard to the disputed
portion of the Claim. Each party shall bear the fees and costs charged by its respective
mediator in connection with the selection of the neutral mediator. If mediation is
unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable
procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an
independent third party or board assists the parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform to
the timeframes in this section.
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(D) Unless otherwise agreed to by the public entity and the Contractor in writing, the
mediation conducted pursuant to this section shall excuse any further obligation
under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes
under private arbitration or the Public Works Contract Arbitration Program if
mediation under this section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a Claim from a Contractor within the time
periods described in this subdivision or to otherwise meet the time requirements of
this section shall result in the Claim being deemed rejected in its entirety. A Claim that
is denied by reason of the public entity's failure to have responded to a Claim, or its
failure to otherwise meet the time requirements of this section, shall not constitute
an adverse finding with regard to the merits of the Claim or the responsibility or
qualifications of the Claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest
at 7 percent per annum.
(5) If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a
Claim against a public entity because privity of Contract does not exist, the Contractor
may present to the public entity a Claim on behalf of a Subcontractor or lower tier
Subcontractor. A Subcontractor may request in writing, either on their own behalf or
on behalf of a lower tier Subcontractor, that the Contractor present a Claim for work
which was performed by the Subcontractor or by a lower tier Subcontractor on behalf
of the Subcontractor. The Subcontractor requesting that the Claim be presented to
the public entity shall furnish reasonable documentation to support the Claim. Within
45 days of receipt of this written request, the Contractor shall notify the
Subcontractor in writing as to whether the Contractor presented the Claim to the
public entity and, if the original Contractor did not present the Claim, provide the
Subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the Plans or
Specifications for any Public Works Project that may give rise to a Claim under this
section.
(f) A waiver of the rights granted by this section is void and contrary to public policy,
provided, however, that (1) upon receipt of a Claim, the parties may mutually agree
to waive, in writing, mediation and proceed directly to the commencement of a civil
action or binding arbitration, as applicable; and (2) a public entity may prescribe
reasonable Change Order, Claim, and dispute resolution procedures and
requirements in addition to the provisions of this section, so long as the contractual
provisions do not conflict with or otherwise impair the timeframes and procedures
set forth in this section.
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(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans
or grants available through a competitive application process, for the failure of an
awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2027,
deletes, or extends that date.
In addition, all Claims by Contractor for $375,000 or less shall be resolved in accordance with
the procedures in the Public Contract Code Section 20104 et seq., applicable provisions of
which are included below:
20104.2 For any Claim subject to this article, the following requirements apply:
(a) The Claim shall be in writing and include the documents necessary to substantiate
the Claim. Claims must be filed on or before the date of final payment. Nothing in this
subdivision is intended to extend the time limit or supersede notice requirements
otherwise provided by contract for the filing of Claims.
(b)(1) For Claims of less than fifty thousand dollars ($50,000), the local agency shall
respond in writing to any written Claim within 45 days of receipt of the Claim, or may
request, in writing, within 30 days of receipt of the Claim, any additional
documentation supporting the Claim or relating to defenses to the Claim the local
agency may have against the Claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the local agency and the
Claimant.
(3) The local agency's written response to the Claim, as further documented, shall be
submitted to the Claimant within 15 days after receipt of the further documentation
or within a period of time no greater than that taken by the Claimant in producing the
additional information, whichever is greater.
(c)(1) For Claims of over fifty thousand dollars ($50,000) and less than or equal to
three hundred seventy-five thousand dollars ($375,000), the local agency shall
respond in writing to all written Claims within 60 days of receipt of the Claim, or may
request, in writing, within 30 days of receipt of the Claim, any additional
documentation supporting the Claim or relating to defenses to the Claim the local
agency may have against the Claimant.
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(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 Claimant may file a Claim as provided in Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of
Title 1 of the Government Code. For purposes of those provisions, the running of the
period of time within which a Claim must be filed shall be tolled from the time the
Claimant submits his or her written Claim pursuant to subdivision (a) until the time
that Claim is denied as a result of the meet and confer process, including any period
of time utilized by the meet and confer process.
(f) This article does not apply to tort Claims and nothing in this article is intended nor
shall be construed to change the time periods for filing tort Claims or actions specified
by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with
Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
20104.4 The following procedures are established for all civil actions filed to resolve
Claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive
pleadings, the court shall submit the matter to nonbinding mediation unless waived
by mutual stipulation of both parties. The mediation process shall provide for the
selection within 15 days by both parties of a disinterested third person as mediator,
shall be commenced within 30 days of the submittal, and shall be concluded within
15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If
the parties fail to select a mediator within the 15-day period, any party may petition
the court to appoint the mediator.
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(b)(1) If the matter remains in dispute, the case shall be submitted to judicial
arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code.
The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the
Code of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties,
arbitrators appointed for purposes of this article shall be experienced in construction
law, and, upon stipulation of the parties, mediators and arbitrators shall be paid
necessary and reasonable hourly rates of pay not to exceed their customary rate, and
such fees and expenses shall be paid equally by the parties, except in the case of
arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3
of the Code of Civil Procedure, any party who after receiving an arbitration award
requests a trial de novo but does not obtain a more favorable judgment shall, in
addition to payment of costs and fees under that chapter, pay the attorney's fees of
the other party arising out of the trial de novo.
(b) The court may, upon request by any party, order any witnesses to participate in
the mediation or arbitration process.
20104.6 Payment on undisputed portion of Claim; interest on arbitration awards or
judgments:
(a) No local agency shall fail to pay money as to any portion of a Claim which is
undisputed except as otherwise provided in the Contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the
legal rate on any arbitration award or judgment. The interest shall begin to accrue on
the date the suit is filed in a court of law.
5. Although not to be construed as proceeding under Extra Work provisions, the Contractor shall
keep and furnish records of disputed Work in accordance with Section 2-10.
2-10.1.2 Potential Claim Certification Submittal.
1. If the Contractor’s Potential Claim seeks an increase in the Contract Price, the Contract Time,
or both, submit with the Potential Claim an affidavit certifying the following:
a. The Potential Claim is made in good faith and covers all costs and delays to which the
Contractor is entitled as a result of the event(s) giving rise to the Potential Claim.
b. The amount Claimed accurately reflects the adjustments in the Contract Price, the
Contract Time, or both to which the Contractor believes the Contractor is entitled.
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c. All supporting costs and pricing data are current, accurate, and complete to the best
of the Contractor’s knowledge. The Contractor shall supply a cost breakdown per item
of Work.
d. The Contractor shall ensure that the affidavit is executed by an official who has the
authority to legally bind the Contractor.
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SECTION 3 – CONTROL OF THE WORK
3-2 SELF-PERFORMANCE.
ADD the following:
1. If Contractor fails to satisfy the provisions requiring the Contractor to complete Work
amounting to at least 50 percent of the Contract price with its own organization unless
stipulated otherwise in the Contract Documents, the Agency may at its sole discretion elect
to cancel the Contract or deduct an amount equal to 10 percent of the value of the Work
performed in excess of 50 percent of the Contract Price by other than the Contractor’s own
organization. The Board shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the Contractor, or prime Contractor, shall
be entitled to a public hearing before the Board and shall be notified 10 Calendar Days in
advance of the time and location of the hearing. The determination of the Board shall be final.
3-3 SUBCONTRACTORS.
ADD the following:
1. The Contractor shall incorporate these Specifications in the Contractor’s subcontracts for the
work being performed by the Contractor’s Subcontractor.
2. The Contractor shall obtain or require that each Subcontractor obtains insurance policies in
accordance with 5-4, “INSURANCE” which shall be kept in full force and effect for the duration
of the Contract and in any attached supplemental agreements.
3. In any dispute between the Contractor and the Contractor’s Subcontractors, the Agency shall
not be made a party to any judicial or administrative proceeding to resolve the dispute.
4. The Contractor shall ensure that the Contractor’s Subcontractors are appropriately licensed
for the duration of the work that is performed under the Subcontracts in accordance with 2-
1, “WORK TO BE DONE.” If a Subcontractor is not properly licensed, the Contractor shall cease
payment to the Subcontractor for all work performed when the Subcontractor was not
properly licensed. The Contractor shall return to the Agency any payment the Contractor
made to a Subcontractor for work performed when the Subcontractor was not licensed.
5. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be
responsible for their work.
6. Where the Contract Documents require that a particular product be installed or applied by
an applicator approved by the manufacturer, ensure the Subcontractor or Supplier employed
for such work is approved by the manufacturer.
7. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer
for approval a written statement showing the Work to be subcontracted giving the name and
business of each Subcontractor and description and value of each portion of the Work to be
so subcontracted. This submittal will confirm the Subcontractor’s commitments in the Bid.
8. Refer to the technical specifications for minimal qualifications, necessary work experience,
certifications, and performance requirements for specific portions of the work.
3-4 AUTHORITY OF THE ENGINEER.
ADD the following:
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1. The Engineer shall be the single point of contact and shall be included in all communications
between Contractor and any Agency representative.
3-5 INSPECTION.
ADD the following:
1. Contractor shall make available to the Engineer accurate books and accounting records
regarding all its activities. Contractor shall contractually require all Subcontractors to this
Contract to do the same. The Engineer shall have access to the Contractor’s, and any
Subcontractors documents described in this Section 3-5(1) within San Diego County. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its
Subcontractor’s performance pursuant to this Contract. The Engineer’s monitoring,
assessments, and evaluations will include, but shall not be limited to, audits, inspection of
premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff
of all Subcontractors to this Contract. Upon reasonable advance notice, Contractor shall make
available to the Engineer for examination, all of its, and all Subcontractors to this Contract,
records with respect to all matters covered by this Contract. Contractor shall also permit the
Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and
other data relating to all matters covered by this Contract. Any inspection described in this
Section 3-5(1) shall occur as often as the Engineer deems necessary and during normal
business hours. However, any such inspection shall not unreasonably interfere with
Contractor’s ongoing business operations. Contractor and all Subcontractors to this Contract
shall maintain such data and records for as long as may be required by applicable laws and
regulations.
2. The Agency may utilize consultants to assist the Engineer during construction in observing
the Contractor’s performance. The consultant shall be the Agency’s Representative on the
Site assisting the Engineer and must not be confused with a building inspector with the
Agency or with a Special Inspector.
3. The Agency may utilize a Special Inspector for inspection of specialty work and materials,
whose costs the Agency will pay for unless the Contractor fails inspection. If inspections or
tests reveal non-compliance with the requirements of the Contract Documents, the
Contractor shall pay for all corrective measures deemed necessary by the Engineer and also
pay the cost of the Agency’s subsequent re-inspection and re-testing.
4. Inspections required by codes or ordinances are the Contractor’s responsibility.
5. The Contractor’s quality control testing and inspections are the Contractor’s responsibility.
Contractor shall coordinate and schedule all inspections and tests. The Contractor shall give
the Engineer notice of tests and inspections made by others. At least 5 Working Days of notice
shall be given for offsite inspections. The Contractor shall wait until the Engineer has
responded and agreed to Contractor’s schedule before scheduling test or inspections.
6. The Agency shall schedule any inspections and tests as the Agency deems necessary to ensure
the Work is accomplished in accordance with the requirements of the Contract Documents
(other than inspections for work performed in accordance with a permit). The Contractor is
responsible for the inspection of all Work performed in accordance with the Contract
Documents.
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7. Contractor shall provide access in accordance with Cal-OSHA Standards as necessary.
8. Contractor shall remove and replace any items of Work performed without the required
permit or inspection. For required subsequent inspection, the Contractor shall remove and
replace Work at the discretion of Engineer at no additional cost to the Agency. Inspection of
the Work does not relieve the Contractor of full compliance with the Contract Documents.
9. Contractor shall not conceal the Work prior to inspection, testing, or approval required by
the Contract Documents, the Engineer’s prior written request, or by other agencies. If any
item of Work is done prior to obtaining the required approvals when requested by the
Engineer, Contractor shall expose the Work for inspection, testing, and/or approval. Upon
successful completion of the inspection, testing, or approval, the Contractor shall proceed
with the Work. The Contractor shall bear all direct and indirect costs and damages of such
uncovering and re-covering and shall not be entitled to an increase in the Contract Price or
the Contract Time, unless the Contractor has given the Engineer and any other affected
agencies written notice of the Contractor’s intention to cover the Work and the Engineer has
not acted in response to such notice.
10. When specified, Contractor shall make arrangements for tests, inspections, and approvals
with an independent testing laboratory or entity acceptable to the Engineer, or with the
appropriate public authority. The payment for such tests, inspections, and approvals are
included in the Contract Price.
11. Unless specified otherwise, the Contractor shall pay the cost of inspections and tests. If
inspections or tests reveal non-compliance with the requirements of the Contract
Documents, the Contractor shall bear the cost of corrective measures deemed necessary by
the Engineer and the cost of the Agency’s subsequent re-inspection and re-testing.
12. The Contractor shall, at no charge to the Agency, provide copies of all records in the
Contractor’s or Subcontractor’s possession pertaining to the Work that the Engineer may
request.
3-6 THE CONTRACTOR’S REPRESENTATIVE.
ADD the following:
1. Both the representative and alternative representative shall be the Contractor’s employees
and shall not be assigned to a Subcontractor unless otherwise approved by the Agency in
writing.
2. The Contractor’s Project team shall attend scheduled construction meetings as required by
the Engineer. If any of Contractor’s staff cannot attend, the Contractor shall notify the
Engineer a minimum of 24 hours in advance, prior to the start of the scheduled meeting.
3. The payment for the Contractor’s attendance at Project meetings is included in the Contract
Price. The Engineer shall deduct costs assessed to the Contractor for not attending the
meetings from the monthly progress payment via Change Order.
4. The Contractor’s Representative shall possess the following minimum qualifications and
experience:
a. At least five years of verifiable experience in a superintendent capacity for projects
that are similar in scope and cost to the projects identified in the Bidder Information
and Experience Form (00 43 40), and successful completion of at least two projects
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similar in scope to the Work of this Contract with values over $2,000,000. The
Contractor shall be responsible for submitting verifiable experience records.
3-7 CONTRACT DOCUMENTS.
3-7.1 General.
ADD the following:
1. Specifications and Plans are divided into groups by engineering discipline for the Agency’s
convenience. These divisions are not for the purpose of apportioning the Work or
responsibility for the Work among Subcontractors and Suppliers.
2. The Contractor shall supply any Work that may reasonably be inferred from the Specifications
or Plans as being required to produce the intended result whether or not it is specifically
called for, at no additional cost to the Agency.
3. If referenced documents have been discontinued or updated by the issuing organization, the
replacement documents issued or otherwise identified by that organization shall be used or,
if there are no replacement documents, the last version of the document before it was
discontinued.
4. Scaled dimensions on Contract Documents are approximate. Before ordering materials or
commencing the Work, the Contractor shall measure the Site for proper size and fit and verify
dimensions and quantities by taking measurements in the field. The Contractor shall be
responsible for their accuracy.
5. The Contractor shall verify any conditions affecting the cost of the Work through a reasonable
examination of the Work Site prior to submitting the Bid.
6. Existing improvements visible at the Work Site, for which no specific disposition is made on
the Plans, but which interfere with the completion of the Work, shall be removed, and
disposed of by the Contractor.
7. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract
Documents are intended to be complementary and cooperative. Anything specified in the
Specifications and not shown on the Plans or shown on the Plans and not specified in the
Specifications, shall be as though shown on or specified in both.
8. The 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.
9. Existing improvements visible at the Work Site, for which no specific disposition is made on
the Plans, but which interfere with the completion of the Work, shall be removed, and
disposed of by the Contractor.
10. The Contractor shall, upon discovering any error or omission in the Plans or Specifications,
immediately call it to the attention of the Engineer. The Contractor shall ascertain the
existence of any conditions affecting the cost of the Work through reasonable examination
of the Work site prior to submitting the Bid.
3-7.2 Precedence of the Contract Documents.
DELETE in its entirety and REPLACE with the following:
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A. If there is a conflict between any of the Contract Documents, the document highest in the
order of precedence, and most recent in edition, shall control. The order of precedence, from
highest to lowest, shall be as follows:
1. Permits (issued by jurisdictional regulatory agencies including environmental
documents).
2. Change Orders and supplemental agreements; whichever occurs last.
3. Contract Addenda, whichever occurs last.
4. The signed written Contract.
5. Special Provisions.
6. City of Carlsbad Engineering Standards (including City of Carlsbad and Carlsbad Municipal
Water District Specifications, Standard Drawings and modifications to the San Diego Area
Regional Standard Drawings).
7. Technical Specifications.
B. Bid/Proposal.
1. Detailed Drawings govern over general Drawings.
2. Project Plans.
3. Agency Supplemental General Provisions (Section 00 73 00).
4. Agency Supplemental Technical Provisions (Section 00 74 00).
5. Standard Plans
i. San Diego Area Regional Standard Drawings.
ii. Traffic Signal Design Guidelines and Standards.
iii. State of California Department of Transportation Standard Plans.
iv. California Manual on Uniform Traffic Control Devices (CA MUTCD).
6. “Greenbook” (Standard Specifications for Public Works Construction).
7. Reference Specifications.
8. Manufacturer’s Installation Recommendations.
C. When additional small business/minority/women-owned/veteran or other special
requirements by funding sources are included in the Contract Documents, the funding
source’s requirements shall govern.
1. With reference to the Drawings, the order of precedence shall be as follows: Figures
govern over scaled dimensions.
2. Detail Drawings govern over general Drawings.
3. Addenda and Change Order Drawings govern over Plans.
D. Plans govern over Standard Drawings. When a conflict exists between the ADA requirements
of Title 24, and the Agency Supplemental Provisions, the most restrictive requirement shall
be followed.
ADD the following subsection:
3-7.3 Red-lines and Record Documents.
3-7.3.1 General.
1. The Contractor shall, at no charge to the Agency, provide copies of all records in the
Contractor’s or Subcontractor’s possession pertaining to the Work that the Engineer may
request.
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2. The Contractor shall keep the Red-lines current with entries checked by the Engineer
before the Work is covered. Contractor’s failure to update and deliver Red-lines
information monthly to the Engineer for review and approval may result in the
withholding of monthly progress payments.
3. The Contractor shall note the source identification, such as RFI numbers and Change
Order numbers, as required identifying the source of the change to the Contract
Documents.
4. The Contractor shall deliver the Red-lines to the Engineer upon completion of the
Construction Work.
5. The Contractor shall legibly annotate a full-size set of Plans daily, in red ink, to record
additions, deletions or changes to the Work and changes in location, elevation or
character of the Work not otherwise shown or noted in the Contract Documents. This
“redline” set of drawings shall be kept on the Job Site, shall be used only as a record set.
Contractor shall immediately give written notice of any conflicts between these
documents to the Engineer.
6. The draft final red line set shall be submitted to the Engineer within five (5) Calendar Days
of the final walk-through meeting. The Contractor shall review the redline changes with
the engineer during this meeting. The engineer will provide submittal review transmittal
noting if the red line set has been accepted or requires revision. The Contractor shall
revise per the requested changes and corrections noted and resubmit within ten (10)
calendar days upon receipt of the submittal review transmittal.
7. As-built information shall represent field measurements, approved Shop Drawings,
Working Drawings, samples, product data, and other pertinent data discovered during
the performance of the Work. The Contractor shall note the source of the change such as
RFI or Change Order numbers, as required. The Contractor shall clearly record additions
or changes in the Work and depth of underground facilities by dimensioning from 2,
known, fixed points.
8. Payment for Record Drawings and Documents shall be included in the various Bid items
and no additional payment will be made therefor.
3-7.3.2 Asset Specific Red-lines.
1. Irrigation System Red-lines: Red-lines shall clearly record by dimension from 2 known
fixed points and by depth of underground facilities all deviations, modifications, and
changes in the Work. Records, deviations, modifications, and changes on the day the
Work is performed shall reflect the actual Work location and shall be marked in red at the
scale of the Plan sheet on which they are recorded. Red-lines shall show any changes to
the Plans for the equipment locations and associated information for the following:
a. Potable water mainline and size
b. Water Meter - Size, type of water (potable or reclaimed), and water meter address.
c. Backflow Device - Size, available static pressure in psi, the psi and flow in gallons per
minutes for which the irrigation system is designed, and device serial number.
d. Master Control Valve.
e. Flow Sensor.
f. Pressure Regulator Valve.
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g. Isolation Valves.
h. Remote Control Valves - Size, irrigation controller, valve station number, and flow
demand in gallons per minute.
i. Quick Coupling Valves and Size.
j. Electrical Meter, including meter address.
k. Remote Control Valve Wiring.
l. Communication Cables.
m. Pull Boxes.
n. Rain Shut Off Switch.
o. Electrical lines from electrical meter to irrigation controller, including the power
disconnect switch.
p. Irrigation Mainline and Size.
q. Irrigation Lateral Line and Size.
r. Irrigation Sleeves and Size.
s. Irrigation Controller - Location, number of stations, identifying call-out.
t. Irrigation sprinkler heads which have been added or deleted from the approved Plans.
Changes in manufacturer nozzle size shall be noted on the red-lined Drawings
including operating pressure, gallons per minute, and radius of throw.
2. Re-vegetation Red-lines:
a. Within 4 weeks of the end of the Plant Establishment Period, as determined and
accepted by the Project Biologist or Landscape Architect, furnish and submit to the
Engineer 1 full scale Red-lines set showing field changes to grade, erosion control, and
seeding for the re-vegetated areas.
3. Utility Red-lines: Utility Red-lines shall show any changes from the Plan for the following:
a. Horizontal and vertical bends
b. Changes in pipe material or pressure class
c. Isolation valves
d. Insulating joints
e. Blow off valves by stationing and offsets.
f. Air vacuum valves by stationing and offsets.
g. Water and recycled water meter boxes replaced.
h. Water sampling stations
i. Cathodic test stations
j. Locations of all sewer laterals and cleanouts.
k. Items abandoned in place following dewatering operation.
4. Building Red-lines: Building Red-lines shall show any changes from the Plans for the
following:
a. Location by dimension and the depth by elevation of underground lines, valves,
plugged tees, and capped ends.
b. By dimension or scale Plans, wiring, conduits, and pull boxes as installed.
c. Information necessary to maintain and service concealed items of Work.
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d. Dimensional changes to the Drawings.
e. Revisions to details shown on the Drawings.
f. Depths of foundations below the first floor.
g. Locations and depths of underground utilities.
h. Revisions to the routing of piping and conduits.
i. Revisions to electrical circuitry.
j. Actual equipment locations.
k. Duct size and routing.
l. Locations of concealed internal utilities.
m. Changes made by Change Orders.
n. Details not shown on original Plans.
5. Traffic Signals and Street Lighting:
a. The Contractor shall provide the Engineer with a cable route diagram indicating the
actual cable route and meter marks for all intersections, directional change points in
the cable routing, and all termination points. The Contractor shall record these points
during cable installation, provide cable system Red-lines showing the accurate cable
route to the Engineer, and record information such as the location of slack cable and
its quantity in the cable route diagram.
b. The Contractor shall provide 3 copies of D-Sheet sized Red-lines.
6. SWPPP:
a. Upon completion of construction, the Contractor shall submit the SWPPP and all its
appendices, records, reports, maps and records of permanent BMPs to the Engineer
with the Red-lines.
7. Slurry Seal and Asphalt Concrete Overlay:
a. The Contractor shall clearly record on the forms the Agency provides in MS Excel
format the actual dates and quantity of each Bid item applied to each street segment
and comments regarding each segment and record reasons if no work is performed.
8. Fiber Optic and Wi-Fi Device Red-lines: Fiber Optic and Wi-Fi Device Red-lines shall clearly
record by dimension from 2 known fixed points and by depth of underground facilities all
deviations, modifications, and changes in the Work. Records, deviations, modifications,
and changes on the day the Work is performed shall reflect the actual Work location and
shall be marked in red at the scale of the Plan sheet on which they are recorded. Red-
lines shall show the equipment locations and associated information for the following:
a. Locations and depths of underground utilities.
b. Revisions to the routing of piping and conduits.
c. Actual equipment locations.
d. Pull Boxes.
e. Electrical Meter, including meter address.
f. Items abandoned in place.
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3-7.3.3 Payment.
1. The payment for Red-lines Drawings shall be included in the Contract Price.
ADD the following subsection:
3-7.4 Measurement and Dimensions.
1. Scaled dimensions are approximate. Before ordering materials or commencing the Work, the
Contractor shall measure the Site for proper size and fit and verify dimensions and quantities
by taking measurements in the field. Contractor shall be responsible for their accuracy.
3-8 SUBMITTALS
3-8.1 General
ADD the following:
a. Shop Drawings and engineering data (submittals) covering all equipment and all fabricated
components and building materials which will become a permanent part of the Goods and
Special Services under this Contract shall be submitted to Engineer for review, as required.
Submittals shall verify compliance with the Contract Documents and shall include Drawings
and descriptive information in sufficient detail to show the kind, size, arrangement, and the
operation of component materials and devices; the external connections, anchorages, and
supports required; the performance characteristics; and dimensions needed for installation
and correlation with other materials and equipment.
b. Each submittal shall cover items from only one section of the specification unless the item
consists of components from several sources. Contractor shall submit a complete initial
submittal including all components. When an item consists of components from several
sources, Contractor's initial submittal shall be complete including all components.
c. All submittals, regardless of origin, shall be approved by Contractor and clearly identified with
the name and number of this Contract, Contractor's name, and references to applicable
specification paragraphs and Contract Drawings. Each copy of all submittals, regardless of
origin, shall be stamped or affixed with an approval statement of Contractor:
1. "I hereby certify that the (equipment, material, procedure(s)) 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.”
2. Or "I hereby certify that the (equipment, material, procedure(s)) contained herein meet
all requirements shown or specified in the Contract Documents, except for the following
deviation(s):
.”
d. Each submittal shall indicate the intended use of the item in the Goods and Special Services.
When catalog pages are submitted, applicable items shall be clearly identified and
inapplicable data crossed out. The current revision, issue number, and date shall be indicated
on all Drawings and other descriptive data.
e. Contractor shall be solely responsible for the completeness of each submittal. Contractor's
stamp, or affixed approval statement of a submittal, is a representation to Engineer that
Contractor accepts sole responsibility for determining and verifying all quantities,
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dimensions, field construction criteria, materials, catalog numbers, and similar data, and that
Contractor has reviewed and coordinated each submittal with the requirements of the Goods
and Special Services and the Contract Documents.
f. All deviations from the Contract Documents shall be identified as deviations on each
submittal and shall be tabulated in Contractor's letter of transmittal. Such submittals shall, as
pertinent to the deviation, indicate essential details of all changes proposed by Contractor
(including modifications to other facilities that may be a result of the deviation) and all
required piping and wiring diagrams.
g. Engineer will not accept submittals from anyone but Contractor. Submittals shall be
consecutively numbered in direct sequence of submittal and without division by subcontracts
or trades.
h. For electronic submittals in Procore, drawings and the necessary data shall be submitted
electronically to Engineer as specified below. Submittal documents shall be in black and white
unless color is required for the review of the submittal. All electronic files shall be in PDF as
generated by Adobe Acrobat Professional latest version. The PDF file(s) shall be fully indexed
using the Table of Contents, searchable with thumbnails generated. PDF images must be at a
readable resolution. For most documents, they should be scanned or generated at 300 dots
per inch (dpi). Optical Character Recognition (OCR) capture must be performed on these
images so that text can be searched, selected and copied from the generated PDF file. The
PDF documents shall have a bookmark created in the navigation frame for each major entry
(“Section” or “Chapter”) in the Table of Contents. Thumbnails shall be generated for each
page or graphic in the PDF file. The opening view for each PDF document shall be as follows:
1. Initial View: Bookmarks and Page.
2. Magnification: Fit in Window.
3. The file shall open to the Contractor’s transmittal letter, with bookmarks to the left.
The first bookmark shall be linked to the Table of Contents.
PDF document properties shall include the submittal number for the document title and the
Contractor’s name for the author.
i. Electronic submittal file sizes shall be limited to 10 MB. When multiple files are required for
a submittal the least number of files possible shall be created.
j. The Contractor shall post submittals and retrieve the Engineer’s submittal review comments
through Procore accessible through the Internet. Instruction on procedures for posting and
retrieving submittals will be provided after award of the Contract.
k. Facsimiles (fax) will not be acceptable. Engineer will not accept submittals from anyone but
Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and
without division by subcontracts or trades.
l. The Contractor shall allow a minimum of 20 Working Days for review of submittals unless
specified.
00 73 00 SPECIAL PROVISIONS Date Printed: March 29, 2024
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3.8.1.2 Resubmittal of Drawings and Data.
1. Contractor shall accept full responsibility for the completeness of each resubmittal.
Contractor shall verify that all corrected data and additional information previously
requested by Engineer are provided on the resubmittal.
2. When corrected copies are resubmitted, Contractor shall direct specific attention to all
revisions in writing and shall list separately any revisions made other than those called for by
Engineer on previous submittals. Requirements specified for initial submittals shall also apply
to resubmittals. Resubmittals shall bear the number of the first submittal followed by a letter
(A, B, etc.) or a unique identification that indicates the initial submittal and correct sequence
of each resubmittal.
3. Resubmittals shall be made within 30 Calendar Days of the date of the letter returning the
material to be modified or corrected, unless within 14 Calendar Days Contractor submits an
acceptable request for an extension of the stipulated time period, listing the reasons the
resubmittal cannot be completed within that time.
4. The need for more than 1 resubmittal, or any other delay in obtaining Engineer's review of
submittals, will not entitle Contractor to extension of the Contract Times unless delay of the
Work is the direct result of a change in the Work authorized by a Change Order or failure of
Engineer to review and return any submittal to Contractor within the specified review period.
5. Provide one submittal for items pertaining to only one specification section. If an item
consists of two or more components from several sources that comprise a unit (i.e., valves
and actuators), submit each item concurrently and with a separate letter of transmittal for a
complete initial submittal for all components.
3-8.1.3 Color Selection.
a. Contractor shall submit samples of colors and finishes for all accepted products before
Engineer will coordinate the selection of colors and finishes with Agency. Engineer will
prepare a schedule of finishes that include the colors and finishes selected for both
manufactured products and for surfaces to be field painted or finished and will furnish this
schedule to Contractor within 60 Calendar Days after the date of acceptance of the last color
or finish sample.
3-8.1.4 Operation and Maintenance Data and Manuals.
1. Adequate operation and maintenance information shall be supplied for all equipment
requiring maintenance or other attention. The equipment supplier shall prepare a Project
specific operation and maintenance manual for each type of equipment indicated in the
individual equipment sections or the equipment schedule.
2. Parts lists and operating and maintenance instructions shall be furnished for other equipment
not listed in the individual equipment sections or the equipment schedule.
3. Operation and maintenance manuals shall include the following:
a. Equipment function, normal operating characteristics, and limiting conditions.
b. Assembly, installation, alignment, adjustment, and checking instructions.
c. Operating instructions for startup, routine and normal operation, regulation and control,
shutdown, and emergency conditions.
d. Lubrication and maintenance instructions.
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e. Guide to troubleshooting.
f. Parts lists and predicted life of parts subject to wear.
g. Outline, cross section, and assembly drawings; engineering data; and wiring diagrams.
h. Test data and performance curves, where applicable.
4. The operation and maintenance manuals shall be in addition to any instructions or parts lists
packed with or attached to the equipment when delivered, or which may be required by
Contractor.
5. Manuals shall be submitted in electronic format to the Engineer prior to the date of shipment
of the equipment. The manuals shall be submitted and the Engineer’s review comments
retrieved, through the Project website accessible through the Internet. Instruction on
procedures for posting and retrieving O&M submittals and review comments will be provided
after award of the Contract. When the O&M manuals are reviewed "RETURNED FOR
CORRECTION,” the corrections shall be made as instructed by the Engineer or Consulting
Engineer, and corrected manuals resubmitted to the Engineer or Consulting Engineer. When
review by the Engineer is complete, 3 copies of each electronic O&M manual shall be
delivered on CD-ROM to the Engineer. Each CD shall contain only 1 copy of 1 manual. Delivery
of the final O&M shall be made 30 Calendar Days prior to placing the equipment in operation.
6. All material shall be marked with Project identification, and inapplicable information shall be
marked out or deleted.
7. Shipment of equipment will not be considered complete until all required manuals and data
have been received.
3-8.1.5 Electronic Operations and Maintenance Manuals.
1. Electronic manuals shall be in Adobe Acrobat’s PDF and shall be prepared at a resolution
between 300 and 600 dpi, depending on document type. OCR capture shall be performed on
these documents. OCR settings shall be performed with the “original image with hidden text”
option in Adobe Acrobat Exchange.
2. File size shall be limited to 10 MB. When multiple files are required the least number of files
possible shall be created. File names shall be in the format OMXXXXX-YYYZ-V.pdf, where
XXXXX is the 5-digit number corresponding to the specification section, YYY is a 3-digit O&M
manual number, e.g., 001, Z is the letter signifying a resubmittal, A, B, C, etc, and V is a number
used only when more than one 10 MB file is required for an O&M manual.
3. Documents prepared in PDF format shall be processed as follows:
Pages shall be searchable (processed for optical character recognition) and indexed when
multiple files are required.
a. Of material to update the manual provided by the manufacturer. Pages shall be rotated
for viewing in proper orientation.
b. A bookmark shall be provided in the navigation frame for each entry in the Table of
Contents.
c. Embedded thumbnails shall be generated for each completed PDF file.
d. The opening view for PDF files shall be as follows:
e. Initial View: Bookmarks and Page.
f. Page Number: Title Page (usually Page 1).
g. Magnification: Set to Fit in Window.
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h. Page: Single Page.
i. Where the bookmark structure is longer than 1 page, the bookmarks shall be collapsed to
show the chapter headings only.
j. When multiple files are required the first file of the series (the parent file) shall list every
major topic in the Table of Contents. The parent file shall also include minor headings
bookmarked based on the Table of Contents. Major headings, whose content is contained
in subsequent files (children) shall be linked to be called from the parent to the specific
location in the child file. The child file shall contain bookmark entries for both major and
minor headings contained in the child file. The first bookmark of any child file shall link
back to the parent file and shall read as follows "Return to the Equipment Name Table of
Contents," e.g., Return to the Polymer Feed System Table of Contents.
k. Drawings shall be bookmarked individually.
l. Files shall be delivered without security settings to permit editing, insertion and deletion.
3-8.1.6 Labeling.
a. At a minimum, the following information shall be included on all final O&M manual materials,
including thumb drives and hard copy manuals:
i. Equipment name and/or O&M title spelled out in complete words.
ii. Project Name.
iii. Agency Project/Contract Number.
iv. Specification Section Number. Example: “Section 15 55 00”
v. Manufacturer’s name.
vi. File Name and Date.
3-8.2 Working Drawings.
ADD the following:
1. Working Drawings shall be of a size and scale to clearly show all necessary details and
submitted electronically into Procore.
DELETE Table 3-8.2 in its entirety and REPLACE with following:
TABLE 3-8.2
Item Section/
Drawing No.
Title Subject
1 3-12.5.2 Sewage Bypass and
Pumping Plan
Sanitary Sewers
2 3-12.8.2 Dewatering Plan Water Pollution Control
3 5-7.2.2 Shoring Plan Safety
4 300-3.2 Cofferdams Structure Excavation & Backfill
5 303-1.6.1 General Falsework
6 303-1.7.1 General Placing Reinforcement
7 303-3.1 General Prestressed Concrete Construction
8 304-1.1.2 Falsework Plans Structural Steel
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Item Section/
Drawing No.
Title Subject
9 306-8.8
SDW-154*
Valves, Hydrants, and
Appurtenances
Water Valve Bypass Details for
Mainlines 16-Inch and Larger
10 306-8.8.3 Thrust Blocks and Anchor
Blocks
Unless specified otherwise, design of all
size water main thrust blocks and
anchor blocks
11 307-1.1 General Jacking Operations
12 307-2.1 General Tunneling Operations
13 308-3 Submittals Microtunneling
14 601-2.1.2 Engineered Traffic Control
Plan (TCP)
Temporary Traffic Control for
Construction and Maintenance Work
Zones
15 1001-3 Storm Water Pollution
Prevention Plan (SWPPP)
Water Pollution Control
16 1001-4 Water Pollution Control
Plan (WPCP)
Water Pollution Control
*Note: The distance dimensions shown between the bypass pipes and the mainlines are subject
to change to field conditions.
Items listed in Table 3-8.2, except for items 1, 2 and, 5, shall be prepared by a Civil or Structural
Engineer registered by the State of California. Item 15 shall be prepared by a Qualified SWPPP
Developer (QSD) in accordance with 1001 3, “Storm Water Pollution Prevention Plan (SWPPP).”
Item 16 shall be prepared in accordance with 1001-4, “Water Pollution Control Plan (WPCP).”
3-8.3 Shop Drawings.
ADD the following:
1. Shop Drawings shall be submitted electronically to the Agency.
2. Additional Shop Drawings may be required by the Special Provisions and technical
specifications.
3. Shop drawings shall bear the Contractor’s certification that the Contractor has reviewed,
checked and approved the Shop Drawings and that they are in conformance with the
requirements of the Contract.
DELETE Table 3-8.3 in its entirety and REPLACE with following:
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TABLE 3-8.3
Item Subsection Title Subject
1 207-2.5 Joints Reinforced Concrete Pipe
2 207-8.4 Joints Vitrified Clay Pipe
3 209-2.2.2 Shop Drawings Steel Pipe and Fittings
4 216-1 General Precast Reinforced Concrete Box
5 218-1 General Precast Vault
6 304-1.1.1 Shop Drawings Structural Steel
7 304-2.1 General Metal Hand Railings
3-8.4 Supporting Information.
ADD the following:
1. The Contractor shall submit samples of the materials with cut sheets of the products. The
Contractor shall organize cut sheets for review and approval by the Engineer prior to use on
the Project and identify deviation from any of the specified material clearly, including cut
sheets and samples of both the specified material and basis for the substitution. Included
should be the Agency’s Project Name, Project Number, and the Engineer’s name, Contractor
Name, and Submittal Number and clearly indicate the specific product to be used.
2. When photos of material are required, they shall be clear in resolution, identify the specific
item for review, and shall indicate the name of the item, source, and date taken. The material
shown in the photo shall be currently available for use on the Project.
3. For landscaping and irrigation materials, the Contractor shall submit samples and test results
to the Engineer within 15 Working Days of the Notice to Proceed.
4. Test sections (“Mock ups”) of materials as required in the Special Provisions shall be accepted
by the Engineer before proceeding with the Work.
5. The Contractor shall provide and keep up-to-date a complete “As-Built” record set of blue-
line prints, which shall be corrected in red daily and show every change from the original
Drawings and Specifications and the exact “As-Built” locations, sizes and kinds of equipment,
underground piping, valves, and all other Work not visible at surface grade. Prints for this
purpose may be obtained from the Agency at cost. This set of Drawings shall be kept on the
job and shall be used only as a Record Set and shall be delivered to the Engineer within 10
Calendar Days of completion of the Work. Payment for performing the Work required by
Section 2-5.4 shall be included in the various Bid items and no additional payment will be
made therefor.
3-8.6 Manufacturer’s Operation, Maintenance, and Warranty Instructions.
To sentence (1), DELETE in its entirety and SUBSTITUTE with the following:
For each pre-manufactured product covered by a manufacturer’s warranty, Contractor shall
submit 1 electronic copy and 3 bound original or legal copies prior to acceptance of the Contract.
3-9 SUBSURFACE DATA.
DELETE in its entirety and SUBSTITUTE with the following:
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3-9 TECHNICAL STUDIES AND SUBSURFACE DATA.
1. If reports of explorations and tests of Site conditions are referenced in the Contract
Documents, Contractor is encouraged to inspect the Site, acquire, and review these
reports, and take other necessary steps to thoroughly familiarize oneself with the Site
conditions. If a review of the documents and Site inspection indicate an obstruction or
utility conflict with the proposed work, immediately notify the Engineer.
2. Subsurface data shall include geotechnical reports, groundwater elevations, soil analyses
and characterization, and other information included or referenced in the Special
Provisions and shall apply only at the location of the test holes and to the depths
indicated. Additional subsurface exploration may be performed by Bidders or the
Contractor at their own expense.
3. Contractor is encouraged to review subsurface data, examine the Site and assess the Site
conditions pertaining to the Work. If a review of the documents and Site inspection
indicate an obstruction or utility conflict with the proposed work, immediately notify the
Engineer.
4. Soil test reports for test holes which have been drilled are available for review at the office
of the Engineer. Additional exploration may be performed at Contractor’s own expense.
3-10 The indicated groundwater elevation is that which existed on the date specified in
the data. It shall be Contractor’s responsibility to determine and allow for the
groundwater elevation on the date the Work is performed. A difference in groundwater
elevation between what is shown in soil boring logs and what is encountered during
construction shall not be considered as a basis for Extra Work in accordance with 2-8,
“Extra Work’.
3-11 SURVEYING
DELETE this Section in its entirety and replace with the following:
1. The Engineer or Surveyor shall request a right of entry to perform survey services on sewer
mains and manholes from City of Carlsbad, wastewater@carlsbadca.gov or call 442-339-
2722, 7 Calendar Days prior to the start of survey services.
3-10.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey
monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in
writing, with the Contractor that protecting an existing monument in place is impractical, the
Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to
practice land surveying within the State of California, hereinafter Surveyor, to establish the
location of the monument before it is disturbed. The Contractor shall have the monument
replaced by the Surveyor no later than thirty (30) days after construction at the site of the
replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and
8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and
cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise.
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Monument frames and covers shall be protected during street sealing or painting projects or be
cleaned to the satisfaction of the Engineer.
3-10.2 Survey Service. The Contractor shall hire and pay for the services of a licensed Surveyor,
hereinafter Surveyor to perform all work necessary for establishing control, construction staking,
records research and all other surveying work necessary to construct the work, provide surveying
services as required herein and provide surveying, drafting and other professional services
required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the
site during all surveying operations and shall personally supervise and certify the surveying work.
3-10.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the
requirements of Section 3-8, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor
shall submit field notes for all surveying required herein to the Engineer within ten days of
performing the survey. All surveying field notes, grade sheets and survey calculations shall be
submitted in bound form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations
and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits,
plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine
the location of the monuments set. The field notes and calculations will be labeled with name of
the Surveyor, the party chief, the field crewmembers and the author of the field notes or
calculations. They shall be annotated with the date of observation or calculation, be numbered
with consecutive page numbers and shall be readable without resort to any electronic aid,
computer program or documentation for any computer program. The field notes shall be
prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a
Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the
State of California Business and Professions Code when the Surveyor performs any surveying that
such map is required under §§ 8762 of the State of California Business and Professions Code and
whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS
drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron
pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property
corners and street centerlines are permanent survey monuments. The Record of Survey shall
show all monuments set, control monuments used, the basis of bearings and all other data
needed to determine the procedure of survey and the degree of accuracy attained by the field
surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location
of all permanent monuments set and their relation to the street right-of-way. Record(s) of
Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the
County Surveyor and before submittal to the County Recorder.
3-10.2.2 Survey Requirements. Stakes shall be set at offsets approved by the Engineer at no
greater intervals than specified in TABLE 3-10.2.2(A) as measured along the project stationing.
Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal
locations where the curb is not being built as a part of this contract. Staking and marking shall be
completed by the Surveyor and inspected and approved by the Engineer before the start of
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construction in the area marked. Centerline monument shall have the disk stamped with the date
the monument was set and the registration number of the Surveyor. Habitat mitigation sites and
other areas to be preserved that are shown on the plans shall be staked and flagged prior to the
start of any other activities within the limits of the work. When curb and gutter does not exist
and is not being installed as a part of the project the location of adjacent facilities being
constructed as a part of the contract the Contractor shall place stakes defining the horizontal and
vertical location of such adjacent utility vaults, poles or other facilities that are being installed as
parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to
be installed by others.
TABLE 3-10.2.2(A)
Survey Requirements for Construction Staking
Feature Staked Stake
Description
Centerline or Parallel to Centerline Spacing,
Lateral Spacing
,
Setting Tolerance
(Within)
Street Centerline SDRS M-10
Monument
1000’, Street Intersections, Begin and end of
curves, only when shown on the plans
on street
centerline
0.02’
Horizontal, also see
Section 2-9.2.1 herein
Clearing Lath in soil,
painted line on
PCC & AC
surfaces
lath - Intervisible, 50’ on tangents
& 25’ on curves, Painted line - continuous
at clearing line 1’ Horizontal
Slope RP + Marker
Stake
Intervisible and 50’ Grade Breaks &
25’
0.1’ Vertical &
Horizontal
Fence RP + Marker
Stake
200’ on tangents, 50’ on curves when
R 1000’ & 25’ on curves when R 1000’
N/A
(constant offset)
0.1’ Horizontal
Rough Grade Cuts
or Fills 10 m (33’)
RP + Marker
Stake
50’ N/A 0.1’ Vertical &
Horizontal
Final Grade
(includes top of:
Basement soil,
subbase and base)
RP + Marker
Stake, Blue-
top in grading
area
50’ on tangents & curves when R 1000’ &
25’ on curves when R 1000’
22’ 3/8” Horizontal & 1/4”
Vertical
Asphalt Pavement
Finish Course
RP, paint on
previous
course
25’ or as per the intersection grid points
shown on the plan whichever provides the
denser information
edge of
pavement,
paving pass
width, crown
line & grade
breaks
3/8” Horizontal & 1/4”
Vertical
Drainage
Structures, Pipes &
similar Facilities,
RP + Marker
Stake
intervisible & 25’, beginning and end, BC &
EC of facilities, Grade breaks, Alignment
breaks, Junctions, Inlets & similar facilities,
Risers & similar facilities (except plumbing),
Skewed cut-off lines
as appropriate 3/8” Horizontal & 1/4”
Vertical
Curb RP + Marker
Stake
25’, BC & EC, at ¼, ½ & ¾ on curb
returns & at beginning & end
(constant offset) 3/8” Horizontal & 1/4”
Vertical
Traffic Signal Vertical locations shall be based on the
ultimate elevation of curb and sidewalk
Signal Poles &
Controller
RP + Marker
Stake
at each pole & controller location as appropriate 3/8” Horizontal & 1/4”
Vertical
Junction Box RP + Marker
Stake
at each junction box location as appropriate 3/8” Horizontal & 1/4”
Vertical
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Feature Staked Stake
Description
Centerline or Parallel to Centerline Spacing,
Lateral Spacing
,
Setting Tolerance
(Within)
Conduit RP + Marker
Stake
50’ on tangents & curves when R 1000’ &
25’ on curves when R 1000’ or where
grade 0.30%
as appropriate 3/8” Horizontal & when
depth cannot be
measured from
existing pavement 1/4”
Vertical
Minor Structure RP + Marker
Stake + Line
Stake
for catch basins: at centerline of box, ends of
box & wings & at each end of the local
depression
as appropriate 3/8” Horizontal & 1/4”
Vertical (when vertical
data needed)
Abutment Fill RP + Marker
Stake + Line
Stake
50’ & along end slopes & conic transitions as appropriate 0.1’ Vertical &
Horizontal
Wall RP + Marker
Stake + Line
Point +Guard
Stake
50’ and at beginning & end of: each wall, BC
& EC, layout line angle points, changes in
footing dimensions &/or elevation & wall
height
as appropriate 1/4” Horizontal & 1/4”
Vertical
Major Structure
Footings, Bents,
Abutments &
Wingwalls
RP + Marker
Stake + Line
Point +Guard
Stake
10’ to 33’ as required by the Engineer, BC &
EC, transition points & at beginning & end.
Elevation points on footings at bottom of
columns
as appropriate 3/8” Horizontal & 1/4”
Vertical
Superstructures RP 10’ to 33’ sufficient to use string lines, BC &
EC, transition points & at beginning & end.
Elevation points on footings at bottom of
columns
as appropriate 3/8” Horizontal & 1/4”
Vertical
Miscellaneous
Contour Grading
RP + Marker
Stake
50’ along contour
line
0.1’ Vertical &
Horizontal
Utilities , RP + Marker
Stake
50’ on tangents & curves when R 1000’ &
25’ on curves when R 1000’ or where
grade 0.30%
as appropriate 3/8” Horizontal & 1/4”
Vertical
Channels, Dikes
& Ditches
RP + Marker
Stake
intervisible & 100’, BC & EC of facilities,
Grade breaks, Alignment breaks, Junctions,
Inlets & similar facilities
as appropriate 0.1’ Horizontal & 1/4”
Vertical
Signs RP + Marker
Stake + Line
Point +Guard
Stake
At sign location Line point 0.1’ Vertical &
Horizontal
Subsurface
Drains
RP + Marker
Stake
intervisible & 50’, BC & EC of facilities, Grade
breaks, Alignment breaks, Junctions, Inlets &
similar facilities, Risers & similar facilities
as appropriate 0.1’ Horizontal & 1/4”
Vertical
Overside Drains
RP + Marker
Stake
longitudinal location At beginning &
end
0.1’ Horizontal & 1/4”
Vertical
Markers RP + Marker
Stake
for asphalt street surfacing 50’ on tangents
& curves when R 1000’ & 25’ on curves
when R 1000’.
At marker
location(s)
1/4” Horizontal
Railings &
Barriers
RP + Marker
Stake
At beginning & end and 50’ on tangents &
curves when R 1000’ & 25’ on curves when
R 1000’
at railing &
barrier
location(s)
3/8” Horizontal &
Vertical
AC Dikes RP + Marker
Stake
At beginning & end as appropriate 0.1’ Horizontal &
Vertical
Box Culverts 10’ to 33’ as required by the Engineer, BC &
EC, transition points & at beginning & end.
Elevation points on footings & at invert
as appropriate 3/8” Horizontal & 1/4”
Vertical
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Feature Staked Stake
Description
Centerline or Parallel to Centerline Spacing,
Lateral Spacing
,
Setting Tolerance
(Within)
Pavement
Markers
RP 200’ on tangents, 50’ on curves when
R 1000’ & 25’ on curves when R 1000’. For
PCC surfaced streets lane cold joints will
suffice
at pavement
marker
location(s)
1/4” Horizontal
Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and
the accuracy requirements of the RP meet the requirements for the feature.
Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the
installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for
the purposes of this table.
Perpendicular to centerline.
Some features are not necessarily parallel to centerline but are referenced thereto.
Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature.
means greater than, or equal to, the number following the symbol. means less than, or equal to, the number following
the symbol.
The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all
other utilities shall be the top of their pipe or conduit.
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer
flagging, paint and marking cards shall be the color specified in TABLE 3-9.2.2(B).
TABLE 3-10.2.2(B)
Survey Stake Color Code for Construction Staking
Type of Stake Description Color*
Horizontal Control Coordinated control points, control lines, control reference points, centerline,
alignments, etc.
White/Red
Vertical Control Bench marks White/Orange
Clearing Limits of clearing Yellow/Black
Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final
grade, etc.
Yellow
Structure Bridges, sound and retaining walls, box culverts, etc. White
Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains,
slope protection, curbs, gutters, etc.
Blue
Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow
Miscellaneous Signs, railings, barriers, lighting, etc. Orange
*Flagging and marking cards, if used.
3-10.3 Private Engineers. Surveying by private engineers on the Work shall conform to the
quality and practice required by the Engineer.
3-10.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the
Plans.
Three consecutive points set on the same slope shall be used together so that any variation from
a straight grade can be detected. Any such variation shall be reported to the Engineer. In the
absence of such report, the Contractor shall be responsible for any error in the grade of the
finished work.
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Grades for underground conduits will be set at the surface of the ground. The Contractor shall
transfer them to the bottom of the trench.
3-10.5 Payment for Survey. Payment for work performed to satisfy the requirements of Sections
3-10.1 through 3-10.4 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made. Payment for
the replacement of disturbed monuments and the filing of records of survey and/or corner
records, including filing fees, shall be incidental to the work necessitating the disturbance of said
monuments and no additional payment will be made.
3-12 CONTRACT INFORMATION SIGNS.
ADD the following:
Signs shall not be posted until approved by the Engineer. The Contractor shall complete and
submit a Review for Sign Permit (form P-11), available at:
https://www.carlsbadca.gov/services/depts/planning/applications.asp
3-12 WORK SITE MAINTENANCE
3-12.1 General.
ADD the following:
1. Maintain Site improvements including any temporary facilities, equipment, or other
materials. Remove graffiti encountered on the Site within 24 hours. See also SECTION 400 -
PROTECTION AND RESTORATION.
2. As a condition of Final Payment, the Contractor shall submit a signed and notarized affidavit
stating that all brush, trash, debris, and surplus materials resulting from this Project have
been disposed of in a legal manner. The cost of disposal is the Contractor’s responsibility.
3. The Contractor shall provide and maintain enclosed toilets for the use of their employees.
Toilets must be kept in a neat and sanitary condition and ensure that they comply with all
applicable laws, ordinances, and regulations pertaining to public health and sanitation of
dwellings and camps. The cost of such is the Contractor’s responsibility.
4. If required in the Special Provisions, the Contractor shall provide and maintain enclosed
toilets for the use of the Agency’s and Contractor’s officers, employees, or agents. Toilets
must be kept in a neat and sanitary condition and ensure that they comply with all applicable
laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and
camps. The cost of such is the Contractor’s responsibility.
5. The Contractor shall maintain drainage within and through the work areas. Earth dams will
not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other
acceptable material will be permitted, when necessary, by the SWPPP and/ or BMP plan. Such
dams shall be removed from the Site as soon as their use is no longer necessary.
6. Work Site maintenance shall be conducted on non-workdays when increased levels of
maintenance are deemed necessary, in the opinion of the Engineer, to preserve the health
safety or welfare of the public and or to comply with applicable regulations.
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7. Disposal of all rubbish and surplus materials is incidental to Work Site maintenance. Disposal
shall be made off the Site and shall be in accordance with:
a. Local codes and ordinances that govern locations and methods of disposal.
b. All applicable safety laws.
c. Requirements of Subpart H, Section 1926.252 of the OSHA Safety and Health Standards
for Construction.
8. Work Site maintenance is considered incidental to the items of work that they are associated
with and no additional payment will be made.
9. Cleanup and Dust Control. Throughout all phases of construction, including suspension of the
Work, and until the final acceptance, the Contractor shall keep the Site clean and free from
rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping, and
sprinkling with water, or other means as necessary. The use of water resulting in mud on
public streets will not be permitted as a substitute for sweeping or other methods.
3-12.2 Air Pollution Control.
ADD the following:
1. Contractor shall carry out effective measures whenever and as often as necessary to prevent
Contractor’s operation from producing dust in amounts damaging to property, cultivated
vegetation, domestic animals, or causing a nuisance to persons living or occupying buildings
in the vicinity. Contractor shall be responsible for any damage resulting from any dust
originating from Contractor’s operations. The dust abatement measures shall be continued
until Contractor is relieved of further responsibility by the Engineer.
2. Contractor shall adhere to Air Pollution Control District County of San Diego regulations for
equipment used on the Job Site. See Section 2-2.2 and the technical specifications for
permitting requirements.
3-12.3 Noise Control.
ADD the following:
1. All internal combustion engines used in the Work shall be equipped with mufflers in good
repair and are subject to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter
8.48.
2. Site mustering is not allowed prior to and after the allowable working hours.
3-12.4 Storage of Equipment and Materials.
3-12.4.1 General.
ADD the following:
1. Equipment and material storage shall be confined to areas approved by the Engineer.
Disposal of all rubbish and surplus materials shall be at the Contractor’s expense.
2. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm
the quantity and quality received, prepare storage area(s), store, handle, protect, move,
relocate, remove and dispose excess of all materials used to accomplish the Work.
3. Materials shall be delivered to the Work Site only during Working Hours, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the
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Contractor as consignee, the Project name and number, address of delivery and name of
consignor and a description of the material(s) shipped.
4. Prior to storage of any materials which have been shipped to or by the Contractor to any
location within the City’s boundaries the Contractor shall provide the Engineer a copy of lease
agreements for each property where such materials are stored. The lease agreement shall
clearly state the term of the lease, the description of materials allowed to be stored and shall
provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work.
5. All such storage shall conform to all laws and ordinances that may pertain to the materials
stored and to preparation of the storage site and the location of the site on which the
materials are stored. Storage of hazardous wastes, construction equipment material, and
parking and fueling of equipment shall not occur in biologically sensitive areas.
6. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility.
Conformance to the requirements of this section, both within and outside the limits of work
is a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
7. The Contractor shall furnish and maintain in good condition all equipment and facilities as
required for the proper execution and inspection of the Work. Such equipment and facilities
shall meet all requirements of applicable ordinances and laws.
8. Restore the storage area to an equal or better condition as deemed necessary by the Engineer
and at no additional cost to the Agency.
10. When required by the Engineer, the Contractor shall furnish and operate a self-loading motor
sweeper with spray nozzles at least once each Working Day for the purpose of keeping paved
areas acceptably clean wherever construction, including restoration, is incomplete.
11. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed
immediately, and the area cleaned.
12. Excess excavation material from catch basins or similar structures shall be removed from the
Site immediately. Sufficient material may remain for use as backfill if permitted by the
Specifications. Forms and form lumber shall be removed from the Site as soon as practicable
after stripping.
13. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order
to suspend Work until the condition is corrected. No additional compensation will be allowed
because of such suspension.
14. Cleanup and dust control required in the Contract shall also be executed on weekends and
other non-Working Days when needed to preserve the health safety or welfare of the public.
The Contractor shall conduct effective cleanup and dust control throughout the duration of
the Contract. The Engineer may require increased levels of cleanup and dust control that, in
his/her sole discretion, are necessary to preserve the health, safety and welfare of the public.
Cleanup and dust control shall be considered incidental to the items of Work that they are
associated with and no additional payment will be made for them.
15. Vermin Control. At the time of acceptance, structures entirely constructed under the Contract
shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be
arranged and paid for by the Contractor as part of the Work within the Contract time and
shall be performed by a licensed exterminator in accordance with requirements of governing
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authorities. The Contractor shall be liable for injury to persons or property and responsible
for the elimination of offensive odors resulting from extermination operations.
16. Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and
remove all 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 Contractor shall contact the appropriate water
agency for requirements. The Contractor shall pay all costs of temporary light, power and
water including hookup, service, meter and any, and all, other charges, deposits and/or fees
for them. These costs shall be considered incidental to the items of Work that they are
associated with and no additional payment will be made for them.
3-12.4.2 Storage in Public Streets.
DELETE in its entirety and SUBSTITUTE with the following:
1. Construction materials shall not be stored in streets, roads, or highways for more than 5
Calendar Days after unloading. All materials not installed or used in construction within 5
Calendar Days after unloading shall be stored at a location approved by the Engineer.
2. Construction equipment shall not be stored at the Work Site before its actual use nor for
more than 5 Calendar Days after it is no longer needed. Time necessary for repair or assembly
of equipment may be authorized by the Engineer.
3. Excavated material, except that which is to be used as backfill in the adjacent trench, shall
not be stored in public streets unless otherwise permitted. Immediately after placing backfill,
all excess material shall be removed.
4. The Contractor shall not store equipment for traffic control in right of way.
ADD the following subsection:
3-12.4.3 Storage and Staging Areas.
1. Storage and staging areas are the Contractor’s responsibility. If the Plans designate a staging
location within the Project or in close proximity, the Contractor may utilize such area for their
use. The storage and staging areas shall be as close as possible to the Site. Contractor is
responsible for obtaining any permits, leases, or any other items necessary to obtain staging
areas.
2. Storage of hazardous wastes, construction equipment material, and parking and fueling of
equipment shall not be allowed in the MHPA or other biologically sensitive areas. Ensure the
fueling of vehicles occurs only within designated staging areas using appropriate catch basins
and devices.
3. Return the storage and staging area and the adjacent area to an equal or better condition as
deemed necessary by the Engineer, at no additional cost to the Agency.
4. The Contractor shall provide the Engineer a copy of the lease agreement for any property to
be used for the storage of materials or equipment prior to delivery or storage of any materials
or equipment. Each lease agreement shall clearly state the term of the lease and a description
of the materials or equipment allowed to be stored and shall provide for the removal of the
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materials or equipment and restoration of the storage site within the time allowed for the
Work.
5. Construction equipment shall not be stored at the Work Site before its actual use on the Work
nor for more than 5 Calendar Days after it is no longer needed. Time necessary for repair or
assembly of equipment may be authorized by the Engineer.
3-12.6 Water Pollution Controls.
3-12.6.2 Best Management Practices (BMPs).
ADD the following:
1. Contractor shall submit a BMP plan as a submittal to the Agency.
3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP).
ADD the following:
1. The Contractor shall evaluate the requirements for the preparation of a SWPPP for Work
within the City’s boundary by reviewing the Determination of SWPPP Tier Level and
Construction Threat Level (form E-32), which may be obtained at:
https://www.carlsbadca.gov/departments/community-development/land-development-
engineering/engineering-applications-forms
2. The Contractor shall review the criteria requiring the preparation of a SWPPP conforming
with the State Water Resources Control Board Order No. 2022-0057-DWQ, NPDES General
Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff
Associated with Construction and Land Disturbance Activities (the Construction General
Permit or CGP). The CGP and other information are available at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction/general_p
eTrmit_reissuance.html
3. If a SWPPP has been prepared specifically for the Project and is included as a part of the
Contract Documents, the Contractor shall use the SWPPP as a baseline document and shall
amend the SWPPP, with the Engineer’s approval, as necessary to include the Contractor’s
proposed Construction Schedule, construction operations, and the Site conditions
encountered or created during the Work.
4. If the Agency has not prepared a SWPPP for the Project and the Project is subject to coverage
under the CGP, the Contractor shall prepare and implement the SWPPP conforming with the
CGP requirements.
5. The Contractor shall comply with all requirements of the approved SWPPP and the CGP
including implementation during construction by a QSP, The Contractor shall provide all
information necessary for the Agency to obtain coverage under the CGP during the electronic
submittal of Permit Registration Documents and supporting data necessary for the filing of
the storm water Notice of Intent and Notice of Termination. The Contractor shall be
responsible for conducting all monitoring and inspections and filing all reports required by
and in accordance with the CGP.
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3-12.6.3.1 Storm Water Pollution Prevention Plan (SWPPP) Tier 1 or Tier 2 Project. If the Project
is a Tier 1 or Tier 2 Project, use the following language:
A. Water Pollution Prevention. The Contractor shall plan for and implement temporary
construction BMPs to mitigate the water quality impacts of land disturbance and non-storm
water discharges related to construction activities in accordance the Agency’s current
Municipal Stormwater Permit and Carlsbad Municipal Code Chapter 15.12. BMPs are the
schedules of activities, prohibitions of practices, maintenance procedures and other
management practices employed during construction activities to prevent or reduce
pollution of bodies of water protected by the federal Clean Water Act (33 U.S.C. § 1251 et
seq.) and the state Porter-Cologne Water Quality Control Act (Water Code, § 13000 et seq.),
which include oceans, lagoons, lakes, streams and other sensitive water bodies and water
courses. Construction BMPs also include physical devices and structural construction control
measures designed to prevent soil erosion from occurring on the Work Site, or that are
designed to prevent sediment from leaving the Work Site, both of which are referred to
hereafter as “Water Pollution.” BMPs are also intended to protect the health, safety and
welfare of the public and to prevent damage to adjoining public and private property resulting
from construction activities.
B. Pollution prevention practices and the minimum BMPs are required during all 12 months of
the year. BMPs and other erosion control practices must be implemented as the most
important “first line of defense”. The Agency has adopted the CASQA ‘Stormwater Best
Management Practices Handbook: Construction,’ latest edition, as its preferred source for
adopting construction BMPs. All BMPs must correspond to the BMP Fact Sheets included in
the CASQA Construction Handbook. With the approval of the Engineer, or designee, the
Agency may accept comparable BMPs from reputable alternative sources. As used in this
section, “Engineer” shall have the same meaning as “Construction Manager”.
C. The Contractor shall utilize the Agency’s Tier 1 or Tier 2 SWPPP templates and include all
applicable elements provided in the template. The SWPPP templates are available on the
Agency’s website at [PROJECT ENGINEER insert website address here]. Tier 1 and Tier 2
SWPPP templates include standard storm water prevention construction notes, a Project
information block, a Storm Water Compliance Statement, Agency approval block and a BMP
Checklist Table. The BMP Checklist Table is intended to help the Contractor select appropriate
BMPs best suited to the Project and the Work. Additionally, the SWPPP shall include a Site
plan showing the proposed Project Site and depicting the areas of proposed construction and
proposed locations of construction BMPs. The Tier 1 and Tier 2 SWPPP plans shall be
submitted as additional sheets to the construction plan set.
D. The Engineer may require Contractor to adopt additional BMPs if the Engineer determines
the selected BMP(s) are ineffective or incapable of preventing Water Pollution from escaping
the Work site. Tier 1 and Tier 2 SWPPPs must be combined with proper and timely installation
of the BMPs, thorough and frequent inspections, maintenance, and documentation. The
Contractor shall ensure that the selected BMPs are appropriately incorporated into the Site
design and, if required by the Engineer, must employ a qualified professional to ensure proper
installation and maintenance of the BMPs.
E. The Engineer may suspend the Work, consistent with Supplemental General Provisions
Section 6-6, at the Contractor’s cost, that create Water Pollution or otherwise violate water
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quality standards required by the federal Clean Water Act (33 U.S.C. § 1251 et seq.) and the
state Porter-Cologne Water Quality Control Act (Water Code, § 13000 et seq.) if the Engineer
determines that the Contractor has failed to satisfy all requirements of this section. If the
Contractor violates any provisions of this subsection, or if Water Pollution occurs in the Work
Site for any reason, the Contractor shall immediately notify the Engineer.
F. The Contractor shall immediately notify the Agency if there is a non-stormwater discharge to
the storm drain conveyance system resulting from the Work or Project-related activities. In
addition, the Contractor shall, within 24 hours, submit a written report to the Engineer
describing the incident and corrective actions taken. If for any reason the Engineer detects
Water Pollution, before notification by the Contractor, this written report shall also include
an explanation of why the Contractor had not timely notified the Engineer.
G. Implementation Costs. Preparation, implementation and management of Water Pollution
prevention activities are incidental to the items of Work and Agency shall not make additional
payment to Contractor for these costs.
3-12.6.3.2 Storm Water Pollution Prevention Plan (SWPPP) Tier 3 Project. If the Project is a Tier
3 Project, use the following language:
PROJECTS GREATER THAN ONE ACRE (TIER 3) – Not Maintenance Only Projects
Water Pollution Prevention. The Contractor shall plan for and implement temporary
construction BMPs to mitigate the water quality impacts of land disturbance and non-storm
water discharges related to construction activities. BMPs are the schedules of activities,
prohibitions of practices, maintenance procedures and other management practices employed
during construction activities to prevent or reduce pollution of bodies of water protected by the
federal Clean Water Act (33 U.S.C. § 1251, et seq.) and the state Porter-Cologne Water Quality
Control Act (Water Code, § 13000, et seq.), which include oceans, lagoons, lakes, streams and
other sensitive water bodies and water courses. Construction BMPs also include physical devices
and structural construction control measures designed to prevent soil erosion from occurring on
the Work Site, or that are designed to prevent sediment from leaving the Work Site, both of
which are referred to hereafter as “Water Pollution.” BMPs are also intended to protect the
health, safety and welfare of the public and to prevent damage to adjoining public and private
property resulting from construction.
This Project, and all Project Work, requires compliance with Carlsbad Municipal Code Chapter
15.12 and coverage under the California Storm Water Discharges Associated with Construction
and Land Disturbance Activities, Order No. 2022-0057-DWQ, NPDES No. CAS000002, or
subsequent order, and any amendment, revision or re-issuance of it (Construction General
Permit).
STORM WATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION. The
Contractor shall prepare and submit to the Engineer a SWPPP in accordance with the current
requirements established by the Construction General Permit. As used in this section, “Engineer”
shall have the same meaning as “Construction Manager.” The Contractor shall not initiate any
land disturbance activities, until the final SWPPP has been accepted by the Engineer. At least 1
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copy of the final SWPPP shall be kept at the construction Site and shall be available upon request
of a representative of the Regional Water Quality Control Board, State Water Resources Control
Board, U.S. Environmental Protection Agency or local storm water management agency.
Requests for a copy of the final SWPPP by members of the public shall be forwarded to the
Engineer.
SWPPP Template Availability. A model SWPPP, if available, is provided to the Contractor, for use
in preparing the Project SWPPP for approval by the Agency. The Contractor shall be responsible
for the preparation and implementation of the SWPPP and coordination with the Agency and the
Regional Water Quality Control Board. All costs for preparing and implementing the Storm Water
Pollution Prevention and Monitoring Plans and coordination with the Agency and the Regional
Water Quality Control Board shall be included as part of the contract bid price.
SWPPP Delivery. Within 15 Calendar Days after the execution of the Contract, the Contractor
shall submit 3 copies of the SWPPP to the Engineer. Contractor will be provided the digital format
for SWPPP to complete required sections. If revisions are required, as determined by the
Engineer, the Contractor shall revise and resubmit the SWPPP within 15 Calendar Days of receipt
of the Engineer’s comments and shall allow 5 Calendar Days for the Engineer to review the
revisions. Upon the Engineer’s acceptance of the SWPPP, 3 additional copies of the SWPPP,
incorporating the required changes, shall be submitted to the Engineer. To allow construction
activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions
are being completed.
QSD/QSP Designation. The Contractor shall designate a QSD and a QSP who has satisfied the
certification requirements and received approval by the SWRCB as specified in Construction
General Permit. The QSD and QSP shall provide and maintain levels of insurance, and comply
with all other insurance-related requirements, as required in Agency Supplemental General
Provisions Section 5-4.
SWPPP Amendments. All amendments to the SWPPP shall be completed by the Contractor's QSD
in a timely manner and provided to the Engineer within 7 Calendar Days. All amendments must
be signed and dated by the Contractor's QSD and directly attached to the SWPPP once accepted
by the Engineer.
Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the
amendment, the Contractor shall implement the additional control measures or revised
operations. The SWPPP amendment log in the SWPPP shall be maintained by the Contractor's
QSD.
The SWPPP shall also be amended if it violates any condition or has not effectively achieved the
objective of reducing pollution in storm water discharges. Amendments shall show additional
control measures or revised operations, including those in areas not shown in the initially
accepted SWPPP, which are required on the Project to control Water Pollution effectively.
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Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the
same manner specified for the initially accepted SWPPP.
SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible
throughout the duration of the Project for installing, constructing, inspecting and maintaining the
control measures included in the SWPPP and any amendments thereto and for removing and
disposing of temporary control measures. Unless otherwise directed by the Engineer or specified
in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall
continue throughout any temporary suspension of Work ordered in accordance with Section 6-
6, “Suspension of the Work.” Requirements for installation, construction, inspection,
maintenance, removal and disposal of control measures are specified in the “Handbook” and
these supplemental provisions.
Permit Registration Documents. The Contractor's QSD shall then complete final SWPPP, and
other required Permit Registration Documents (PRDs), and submit them to the Engineer for
review and subsequent submittal to the SWRCB via the Stormwater Multi-Application, Reporting,
and Tracking System (SMARTS System).
PRD Item Responsible Party Notes
NOI Filing Agency Project Engineer/MPM
NOI Fee Agency Project Engineer/MPM
Annual Permit Fee Agency Project Engineer/MPM
Legally Responsible Person Agency Project Engineer/MPM
Assigned Signatory Agency Project Engineer/MPM
Data Submitter Contractor/QSD/QSP
SWPPP QSD
Risk Determination QSD
SWPPP Certification
Statement
QSD
SWPPP Amendments QSD Must be approved by the Project
Engineer/MPM
Site Map Contractor/QSD
BMP Exhibit/Erosion Control
Notes
Contractor/QSD
Inspections/Training Records QSP
Water Quality Monitoring
Reports
QSP
NOT Preparation and
Submittal
Contractor/QSD Submitted as part of Project
Completion Tasks. No later than 90
Calendar Days after Project
completion
NOT Certification Agency Project Engineer/MPM
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PRD Item Responsible Party Notes
Annual Report Preparation
and Submittal to SMARTS
Contractor/QSD By July 15th for prior year period of
July 1st through June 30th
Annual Report Certification Agency Project Engineer/MPM. No later
than September 1st
Non-Compliance. The Engineer may suspend the Work, as provided in Agency Supplemental
General Provisions Section 6-6, at the Contractor’s cost, if the Engineer determines that the
Contractor has failed to satisfy all requirements of this Section. If the Contractor violates any
provisions of this subsection, or if Water Pollution occurs in the Work Site for any reason, the
Contractor shall immediately notify the Engineer.
The Contractor shall also submit a written report to the Engineer describing the incident and
corrective actions taken within 24 hours of the occurrence of the incident. If for any reason the
Engineer detects Water Pollution before notification by the Contractor, the required written
report shall also include an explanation of why the Contractor had not timely notified the
Engineer.
Implementation Costs. Preparation, implementation and management of Water Pollution
prevention activities are incidental to the items of Work and Agency shall not make additional
payment to Contractor for these costs.
Project Completion. Within 7 Calendar Days of Project completion, the Project-specific SWPPP
shall be relinquished to the Agency. In addition, the Contractor shall submit the NOT to the
SWRCB. The NOT shall be submitted to the Agency at the same time it is submitted to the SWRCB.
The Contractor shall only submit the NOT once the Project has been accepted by the Agency. If
the Contractor fails to submit the NOT to the SWRCB, the Contractor shall continue to be
responsible for paying the annual fee associated with the “General Permit” until the NOT is
submitted and accepted by the SWRCB.
3-12.6.5 Payment.
DELETE in its entirety and SUBSTITUTE with the following:
1. Unless otherwise specified, payment for water pollution control, including implementation
and maintenance of BMPs, shall be considered as included in the Contract Unit Price for each
item in the Bid.
Payment for dewatering shall be as specified in the Special Provisions.
ADD the following subsection:
3-12.7 Vermin Control.
1. The Site and structures constructed under the Contract shall be kept free of rodents, insects,
vermin, and pests. Necessary extermination work shall be arranged and paid for by the
Contractor as part of the Work within the Contract time and shall be performed by a licensed
exterminator in accordance with requirements of governing authorities. The Contractor shall
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be liable for injury to persons or property and responsible for the elimination of offensive
odors resulting from extermination operations.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.1 Completion.
DELETE in its entirety and SUBSTITUTE with the following:
1. The Contractor shall comply with the following prior to requesting a Pre-Final inspection of
the Work and filing of a written assertion that the Work has been completed:
a. Provide completed and signed redline drawings and record documents including
installation, maintenance and operation instructions, manuals and/or tools for installed
equipment.
b. Provide and properly label all keys for existing facilities or new permanent work.
c. Provide all items specified to be supplied as extra stock and spare parts. Wrap, seal, or
place in a container all items as necessary to allow for storage by the Agency for future
use. Verify the specified quantities.
d. Provide all final Special Inspection reports and certifications required by equipment
manufacturers to demonstrate compliance with applicable codes and standards.
e. Obtain any required certifications from the Engineer of Record for permanent BMPs.
f. Comply with all requirements of permits issued by jurisdictional agencies.
g. Remove temporary facilities from the Site.
h. Thoroughly clean the Site and remove all mark-outs and construction staking.
2. The Agency Inspector will schedule the Pre-Final inspection within 5 Working Days of receipt
of the Contractor’s request. The Inspector will generate a list of preliminary deficiencies
(Punchlist) within 5 Working Days after the Pre-Final inspection.
3. The Contractor shall have 30 Working Days to correct the deficiencies and provide a written
response to each Punchlist item. The Inspector will review the corrective work within 5
Working Days of receipt of the Contractor’s written response to each Punchlist item. Any
outstanding deficiencies will be considered incomplete Work and the Punchlist will be
returned to Contractor. Full payment will not be made for any Bid item with outstanding
deficiencies and a Final Inspection will not be scheduled until all deficiencies are completed
to the satisfaction of the Inspector.
4. The Contractor shall submit a request for Final Inspection which shall include a written
assertion that the Work has been completed in accordance with the Contract Documents and
a written response describing the corrective Work completed for all punch list items
identified in the Pre-Final inspection(s). The request for Final Inspection will not be
considered without the Contractor’s written response to the punch list items. The Inspector
will schedule the Final Inspection within 10 Working Days of receipt of the Contractor’s
request and invitees will include the Construction Manager, Engineer and representatives
from agencies or utility companies having jurisdiction over the Work. The Contractor’s
attendance is mandatory. Any remaining deficiencies will be addressed in a final punch list
sent to the Contractor.
5. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract
Documents, the Engineer will set forth in writing the date the Work was completed. This will
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be the date when the Contractor is relieved from responsibility to protect and maintain the
Work, and to which liquidated damages will be computed.
6. 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 requirements of all specification for the Work. Use, temporary, interim
or permanent, of all, or portions of, the Work does not constitute acceptance of the Work.
7. The Contractor shall submit a written assertation in the form of Request for Completion
Letter, certifying that the Work has been complete. If, in the Engineer’s judgment, the Work
has been completed in accordance with the Contract Documents, the Engineer will so certify
to the Board.
ADD the following subsection:
3-13.1.1 Requirements Before Requesting a Walk-through.
1. The following items are required prior to requesting a Walk-through:
a. Remove temporary facilities from the Site.
b. Thoroughly cleaning the Site and removing all mark outs and construction staking.
c. Submit proposed red-line record drawing in accordance with Contract Document
requirements.
d. Provide all material and equipment maintenance and operation instructions and/or
manuals.
e. Provide all tools which are a permanent part of the equipment installed in the Project.
f. Provide and properly identify all keys for construction and all keys for permanent work.
g. Provide all final Special Inspection reports required by the applicable building code.
h. Provide all items specified to be supplied as extra stock. Wrap, seal, or place in a container
all items as necessary to allow for storage by the Agency for future use. Verify the
specified quantities.
i. Ensure that all specified equal opportunity (if applicable) and certified wage rate
documentations covering the Contract Time have been submitted.
j. Provide the spare parts for the proposed irrigation system as specified in the Special
Provisions.
2. Contractor shall notify the Engineer to arrange a final inspection of permanent BMPs
installed and shall obtain the completed, signed, and stamped DS-563 Form 30 Calendar Days
prior to the issuance of the Notice of Completion.
ADD the following subsection:
3-13.1.2 Walk-through and Punchlist Procedure.
1. When Contractor considers that the Work and Services are complete, notify the Engineer in
writing that the Project is complete and request that the Contractor and the Engineer perform
a Walk-through for the generation of a Punchlist. Contractor shall request the final
walkthrough at least seven (7) Working Days in advance.
2. The Engineer will first determine if the Project is ready for a Walk-through by verifying
whether the Contractor have completed all items as required by 3-13.1.1, “Requirements
Before Requesting a Walk-through”.
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3. If the Work includes sewer and storm drain installations, the inspection shall include
televising in accordance with the requirements in the Contract Documents.
4. The Engineer shall facilitate the Walk-through.
5. Contractor shall make Plans, specifications, and technical data, such as submittals and
equipment manuals, available at the Site for the Walk-through attendees.
6. The Engineer will provide the Contractor with the Punchlist within 15 Working Days after the
date of the Walk-through and submit it to the Contractor. The Agency shall not provide a
preliminary Punchlist.
7. If the Engineer finds that the Project is not substantially complete as defined in the Contract,
the Engineer will terminate the Walk-through and notify the Contractor in writing.
8. If, at any time during the Engineer’s evaluation of the corrective Work required by the
Punchlist, the Engineer discovers that additional corrective Work is required, the Engineer
may include that corrective Work in the Punchlist. Contractor shall remain solely responsible
for the Project Site until the Project is completely operational, all Punchlist items have been
corrected, and all operation and maintenance manuals have been accepted by the Agency.
9. The Engineer shall meet with the Contractor until all Punchlist items are corrected. If
Contractor takes longer than 30 Working Days to complete the corrective Work, the Project
shall be subject to re-evaluation.
10. Upon acceptance of the Work, Contractor shall assemble and deliver to the Engineer all
records, documents, warranties, material certifications, bonds, guarantees, maintenance and
service agreements, and maintenance and operating manuals. Written warranties, except
manufacturer’s standard printed warranties, shall be on a letterhead addressed to the
Contractor. Warranties shall be submitted in the format described in this section, modified
as approved by the Agency, to suit the conditions pertaining to the warranty.
3-13.2 Acceptance.
DELETE in its entirety and SUBSTITUTE with the following:
1. Acceptance of the Work will occur after all the requirements of the Contract Documents have
been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract,
the Engineer will recommend to the City Manager for the City of Carlsbad or Executive
Manager for the Carlsbad Municipal Water District that the Contractor’s performance of the
Contract be accepted. Upon such certification by the Engineer, the City Manager or Executive
Manager may accept the Work. Upon the acceptance of the Work by the City Manager or
Executive Manager, a “Notice of Completion” will be filed in the office of the San Diego
County Recorder. The date of recordation shall be the date of acceptance of the Work.
2. Once the “Notice of Completion” has been recorded, the Engineer will release the retention.
3-13.3 Warranty.
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor shall warranty and repair all defective materials and workmanship for a period of
1 year. This warranty period shall start on the date the Work was recorded by the “Notice of
Completion” unless the Agency has beneficial use of the Project (excluding water, sewer, and
storm drain projects).
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2. The warranty period for specific items covered under manufacturers’ or suppliers’ warranties
shall commence on the date they are placed into service at the direction of or as approved
by the Engineer in writing.
3. All warranties, express or implied, from Subcontractors, manufacturers, or suppliers, of any
tier, for the materials furnished and work performed shall be assigned, in writing, to the
Agency, and shall be delivered to the Engineer prior to the acceptance of the Contractor’s
performance of the Contract.
4. Replace or repair defective materials and workmanship in a manner satisfactory to the
Engineer after notice to do so from the Engineer and within the time specified in the notice.
If Contractor fails to make such replacements or repairs within the time specified in the
notice, the Agency may perform the replacement or repairs at Contractor’s expense. If
Contractor fails to reimburse the Agency for the actual costs, Contractor’s Surety shall be
liable for the cost.
5. The warranty period shall be extended with respect to portions of the Work corrected under
warranty. Items that shall be warrantied free from defective workmanship and materials for
a period longer than 1 year are as follows:
Specified Item Minimum Warranty Period
Detectable Warning Tile
Construction
3 Years of Manufacturer’s Warranty
All Work Under SECTION 500 – PIPELINE
REHABILITATION
3 Years
Fiber Optic Interconnect Cables 2 Years
Luminaires1 10 Years of Manufacturer’s Warranty
LED Signal Modules 3 Years of Manufacturer’s Warranty
1 Provide documentation verifying that the induction luminaire models being offered for the
Project are covered by the 10-year warranty.
6. Contractor shall provide the Agency a copy of the manufacturer’s warranty for private sewer
pumps, including the alarm panel and all other accessories.
a. Contractor shall involve the manufacturer in the installation and startup as needed to
secure any extended warranty required.
b. This section is not intended to limit any manufacturer’s warranty which provides the
Agency with greater warranty rights than set forth in this section or the Contract
Documents.
c. The warranty shall include all components. The form of the warranty shall be approved
by the Engineer in accordance with 3-13.3.2, “Warranty Format Requirements.”
If, during the warranty period, any item of the Work is found to be Defective Work, Contractor
shall correct it promptly after receipt of written notice from the Agency to do so. The warranty
period shall be extended with respect to portions of the Work corrected as part of the warranty
requirements.
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ADD the following subsection:
3-13.3.1 Defective Work.
1. If the Engineer finds any part of the Work, to be defective or not in compliance with the
Contract Documents, the Contractor shall correct the Defective Work in accordance with the
Engineer’s written instructions and within the specified time limits.
2. The Engineer may order Contractor to stop all or part of the Project if, upon notice, Contractor
fails to immediately correct the Defective Work in conformance with the Contract
Documents. The Contractor bears all direct and indirect costs and damages that result from
the Agency’s Stop Work notice.
3. The Engineer may determine in its sole discretion to accept Defective Work instead of having
the Contractor correct the Defective Work. However, the Contractor will still be financially
responsible for the Defective Work. The Engineer shall issue a deductive Change Order and
will incorporate the necessary revisions in the Contract Documents for the Defective Work,
the diminished value to the Project, or for the cost to repair the Defective Work.
4. If the Contractor fails to correct Defective Work within the specified time limits, the Engineer
may correct the Contractor’s Defective Work. The Agency has the right to correct any
Defective Work without notice in the event of an emergency. Contractor shall bear all direct
and indirect costs of the Defective Work that the Agency corrects.
5. When undertaking remedial action under this section, the Agency may exclude Contractor
from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s
Work and or services, and incorporate into the Project all materials and equipment stored at
the Site or for which the Agency has paid but Contractor has stored elsewhere.
6. For Building Projects which require a certificate of occupancy, not including sewer and water
facilities, if the Contractor fails to correct the Defective Work listed on the Agency’s Punchlist
within 30 Working Days in accordance with 6-1.1, “Construction Schedule,” the Contractor
shall reimburse the Agency for all costs to provide inspection services required to monitor
the Contractor’s Work beyond the 30 Working Days. The Agency shall bill the Contractor for
the additional inspection at the Agency’s established rates.
7. If the Contractor completes the Project or portions of the Project prior to NOC, the Contractor
shall preserve equipment by developing and implementing a preventive maintenance
program in compliance with manufacturer’s recommendations.
ADD the following subsection:
3-13.3.2 Warranty Format Requirements.
1. Written warranties, except manufacturer’s standard printed warranties, shall be on the
Contractor’s and Contractor’s agents’, material suppliers’, installers’, or manufacturers’ own
letterhead, addressed to and for the Agency’s benefit. Submit warranties in the format
described in this section, modified as approved by Engineer to suit the conditions pertaining
to the warranty.
2. The Contractor shall obtain warranties, executed in triplicate by responsible Subcontractors
and Suppliers, within 10 Working Days after completion of the applicable item of Work.
Except for items put into use with the Engineer’s permission with date mutually agreed upon
in writing, ensure that the beginning time of the warranty is the Project completion date.
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3. The Contractor shall verify that the documents are in proper form, contain full information,
and are notarized.
4. The Contractor shall verify that warranties are signed by both the Contractor and the
appropriate party.
5. The Contractor shall provide warranties to the Engineer with a neatly typed table of contents,
identifying each warranty with the number and title of the applicable specification section
requiring the warranty and the name of the product or work item.
6. The Contractor shall separate each warranty with index tab sheets keyed to the table of
contents listing. Provide complete information using separate typed sheets as necessary. The
information shall include a list of Subcontractors and Suppliers with the name, address, and
telephone number of the responsible principals.
3-13.3.3 Long-Term Warranty Contract (LTWC).
1. If specified in the Special Provisions and when a LTWC is included in the Contract Documents,
the Contractor shall execute and submit the supplemental agreement for the extended
Project warranty (the LTWC covering the workmanship and materials).
2. The first 3 years of warranty protection after installation shall be secured by the faithful
performance and payment bonds in accordance with 1-7.2, “Contract Bonds”.
3. At the conclusion of the initial 3-year bonded warranty period, an “n”-year subsequent
manufacturer’s warranty for labor and materials shall commence and run concurrently with
the LTWC, where “n” is the number of additional years beyond the initial 3 years as specified
in the Special Provisions. Alternatively, and with respect to the 3-year bonded warranty, the
Contractor may submit a 2-year bond followed by 1-year bond. If the alternate option is
selected, the 1-year bond shall be submitted to the Agency at least 90 Calendar Days before
the expiration of the original 2-year bond. Contractor shall clearly inform the Contract
Specialist of the option selected. The protection provided shall not be for less than 3 + “n”
years continuously.
4. The manufacturer’s warranty for parts and labor shall secure performance of the LTWC by
the Contractor. Additional security in the form of bonds for both the LTWC and the
manufacturer’s extended “n”-year warranty (in years 4 and on following Acceptance) for
labor and materials may, but is not required to be, provided per the compensation provisions
of the LTWC.
5. The manufacturer warranty shall extend to performance of the LTWC by the Contractor,
including without limitation the performance of periodic inspections, preparation of periodic
reports, and performance of repairs or replacements including parts and labor. If the
manufacturer warranty does not expressly extend to the LTWC or is qualified in any way to
exclude warranty of the performance of the LTWC by the Contractor, the surety bond shall
be provided for the LTWC in accordance with 1-7.2, “Contract Bonds”.
6. If the Contractor is unable to obtain a bond which extends the “n”-year term of the LTWC, to
obtain a manufacturer warranty or both which clearly and unambiguously extends to secure
performance of the LTWC by the Contractor for the “n”- year term, the Agency shall accept
either form of security provided that at least 1 of these forms is provided before award.
7. Provision of the manufacturer’s warranty, bonds, or both as specified is a pre-condition to
award of the Contract.
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8. Refer to the LTWC for additional information. The provisions of 3-3, “SUBCONTRACTORS”
shall not apply to LTWC.
ADD the following subsection:
3-14 PARTNERING.
1. Contractor may request the formation of a formal partnering relationship (Partnering) by
submitting a request in writing to the Engineer after approval of the Contract. If Contractor’s
request for Partnering is approved by the Engineer, scheduling of a Partnering workshop,
selecting the Partnering facilitator and workshop, selecting the Partnering facilitator and
workshop site, and other administrative details shall be as agreed to by both Parties.
2. The establishment of a Partnering shall not change or modify the terms and conditions of the
Contract and shall not relieve either party of the legal requirements of the Contract.
3. The goals of Partnering include the following:
a. The Engineer and Contractor’s representatives, including Contractor’s Subcontractors,
actively working together as partners.
b. Avoidance of destructive confrontation and litigation among the parties.
c. Mutual understanding on how the Work is to be conducted.
d. Establishment of mutual key results to facilitate Project success.
e. Establishment of an atmosphere of teamwork, trust, and open communication.
3-14.1 Payment.
1. The payment for providing a facilitator and a workshop site shall be borne equally by the
Agency and Contractor. Contractor shall pay in advance all compensation for the costs of the
facilitator and for the costs of obtaining the workshop site.
2. Unless a Bid item has been provided for “Partnering,” the Agency’s share of such costs shall
be reimbursed to Contractor as Extra Work. Markups shall not be added. Other costs
associated with the Partnering relationship shall be borne separately by the party incurring
the costs.
ADD the following subsection:
3-15 PUBLIC CONVENIENCE.
1. The Contractor shall provide and maintain safe and adequate pedestrian and vehicular access
to fire hydrants; hospitals; police and fire stations; commercial and industrial establishments
including churches, schools and parking lots; service stations; public transportation;
pedestrian crossing; motels and establishments of similar nature. Access shall be continuous
and unobstructed unless otherwise approved by the Engineer.
2. The Contractor shall provide access for emergency vehicles and mail delivery and trash
collection services. The trash hauling schedule can be obtained by contacting Republic
Services at Customer Support | Republic Services.
3. During paving operations, the Contractor shall provide paved parking within 800 feet of the
affected residences or businesses unless otherwise approved by the Engineer.
4. The Contractor shall provide notification 72 hours prior to the start of construction in the
public right-of-way that affects vehicular traffic, parking, or pedestrian routes. For a full street
closure, all residences and/or businesses on the affected street or alley shall be notified. For
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partial street closures or for curb, sidewalk or driveway repairs, the residences and/or
businesses directly affected by the Work shall be notified. The notice shall:
a. Be written and hand delivered.
b. State the date and time the Work will begin and its anticipated duration.
c. Provide a brief description of the Work and simple instructions to the home or business
owner on actions to facilitate the construction.
d. List 2 telephone numbers to obtain additional information. One number shall be the
Contractor’s permanent office or field office and the other number shall be a 24-hour
number answered by someone who is knowledgeable about the Project. An answering
machine shall not be connected to either number.
e. For residences, be prepared on 65-lb. brightly colored card stock or equivalent durability
with contrasting, 12-point font or larger printing; pre-cut in a manner for hanging on a
doorknob; and minimum size of 3-1/2 inches wide by 8-1/2 inches long (refer to the
appendices for an example).
f. Be approved by the Engineer prior to distribution.
5. The Contractor shall post “No Parking” signs 72 hours in advance of the Work. The signs shall
state the date and time of parking restriction for a duration not to exceed the time necessary
to complete the Work at that location. If the Work is delayed or rescheduled, the signs shall
be removed and re-posted 72 hours in advance of the rescheduled Work.
6. Payment for public convenience shall be considered as included in the Contract Price for each
item in the Bid and no additional payment will be made.
ADD the following subsection:
3-16 SITE ACTIVITIES BY THE AGENCY OR SEPARATE CONTRACTORS.
3-16.1 The Agency’s Right to Award Separate Contracts.
1. The Agency reserves the right to perform work or operations outside the Scope of Work of
the Contract related to the Project with Agency Forces, Separate Contractors, or both. If work
to be performed by another party was not noted in the Contract, the Agency shall give written
notice to Contractor 10 Working Days prior to the start of any Work. If Contractor determines
that the work being performed by the Agency or others may interfere with or cause damage
to Work being performed by Contractor, notify the Engineer in writing within 3 Working Days
of the Engineer’s notice.
3-16.2 Integration of the Work with Separate Contractors.
1. When specified in the Contract Documents, prepare a plan to integrate the work performed
by Separate Contractors, Agency Forces, or both with the performance of the Work and
submit the plan to the Engineer for approval. The plan shall be fair and reasonable for
Contractor and the Separate Contractors. Work with Separate Contractors to reach an
agreement for the prepared plan. Arrange the performance of the work so that the Work and
the work of the Separate Contractors are, to the extent applicable, properly integrated and
jointed in a manner that avoids any damage to the Work or to the work of the Separate
Contractors.
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3-16.3 Coordination.
1. Coordinate Contractor’s activities and the Schedule with the activities and schedules of the
Separate Contractors and make any revisions to the Schedule deemed necessary to avoid any
disruption to the Work or to the work of the Separate Contractors.
3-16.4 Use of Site.
1. Provide the Agency and the Separate Contractors reasonable opportunities for the storage of
materials and equipment and performance of their work. Connect and coordinate work and
operations with the work and operations of the Agency and the Separate Contractors as
required by the Contract Documents.
2. Coordinate traffic control with the Separate Contractors for other projects and minimize the
impact to the community. Prior to the start of construction, submit Contractor’s plan for
coordination.
3-16.5 Deficiency in Work of Separate Contractors.
1. If part of Contractor’s Work depends on proper execution or results upon construction or
operations by the Agency or a Separate Contractor, prior to proceeding with that portion of
the Work, promptly report to the Separate Contractor and the Engineer any apparent
discrepancies or defects in construction that would render it unsuitable for proper execution
and results. Use good faith efforts to resolve any such discrepancies or defects or any related
disagreements. Contractor’s failure to report constitutes Contractor’s acceptance of the
Work of Separate Contractors as fit, proper, and coordinated with the Work.
3-16.6 Payment.
1. Payment for reporting deficiencies, coordinating, and resolving discrepancies shall be
included in the Contract Price.
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SECTION 4 – CONTROL OF MATERIALS
4-2 PROTECTION.
ADD the following:
1. The Contractor shall repair or replace any equipment and materials in the event of vandalism,
damage, or theft at no additional cost to the Agency.
2. The Contractor shall be responsible for the protection of public and private property adjacent
to the Work and shall exercise due caution to avoid damage to such property.
3. All costs to the Contractor for protecting, removing, and restoring existing improvements
shall be included in the Bid.
4. The Agency and affected utility companies have, by a search of known records, endeavored
to locate and indicate on the Plans, all utilities which exist within the limits of the Work.
However, the accuracy and/or completeness of the nature, size and/or location of utilities
indicated on the Plans is not guaranteed.
5. The Contractor shall determine the location and depth of all utilities, including service
connections, which have been marked by the respective owners and which may affect or be
affected by its operations. If no pay item is provided in the Contract for this Work, full
compensation for such Work shall be considered as included in the prices Bid for other items
of Work.
6. The Contractor shall not interrupt the service function or disturb the support of any utility
without authority from the owner or order from the Agency. All valves, switches, vaults, and
meters shall be maintained readily accessible for emergency shutoff.
7. Where protection is required to ensure support of utilities located as shown on the Plans or
in accordance with Section 402, the Contractor shall, unless otherwise provided, furnish, and
place the necessary protection at its expense.
8. Upon learning of the existence and location of any utility omitted from or shown incorrectly
on the Plans, the Contractor shall immediately notify the Engineer in writing. When
authorized by the Engineer, support or protection of the utility will be paid for.
9. The Contractor shall immediately notify the Engineer and the utility owner if any utility is
disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any
utility damaged if located.
10. When placing concrete around or contiguous to any non-metallic utility installation, the
Contractor shall at its expense:
a. Furnish and install a 2-inch cushion of expansion joint material or other similar resilient
material; or
b. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular
space between the concrete and the utility; or
c. Provide other acceptable means to prevent embedment in or bonding to the concrete.
11. Where concrete is used for backfill or for structures which would result in embedment, or
partial embedment, of a metallic utility installation; or where the coating, bedding or other
cathodic protection system is exposed or damaged by the Contractor’s 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.
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12. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities
shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned
in place.” Before starting removal operations, the Contractor shall ascertain from the Agency
whether the abandonment is complete, and the costs involved in the removal and disposal
shall be included in the Bid for the items of Work necessitating such removals.
13. When feasible, the owner is responsible for utilities within the area affected by the Work will
complete their necessary installations, relocations, repairs, or replacements before
commencement of Work by the Contractor. When the Plans or Specifications indicate that a
utility installation is to be relocated, altered, or constructed by others, the Agency will
conduct all negotiations with the owners and work will be done at no cost to the Contractor,
except for manhole frame and cover sets to be brought to grade as provided in the Contract
Documents. Utilities which are relocated to avoid interference shall be protected in their
position and the cost of such protection shall be included in the Bid for the items of Work
necessitating such relocation.
14. After award of the Contract, portions of utilities which are found to interfere with the Work
will be relocated, altered, or reconstructed by the owners, or the Engineer may order changes
in the Work to avoid interference. Such changes will be paid.
15. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct
a utility, all costs for such Work shall be included in the Bid for the items of Work necessitating
such Work. Temporary or permanent relocation or alteration of utilities requested by the
Contractor for its convenience shall be its responsibility and it shall make all arrangements
and bear all costs.
16. The utility owner will relocate service connections as necessary within the limits of the Work
or within temporary construction or slope easements. When directed by the Engineer, the
Contractor shall arrange for the relocation of service connections as 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 and will include the
restoration of all existing improvements which may be affected by the relocation. The
Contractor may agree with the owner of any utility to disconnect and reconnect interfering
service connections. The Agency will not be involved in any such agreement.
17. Contractor shall coordinate the Work with utility agencies and companies. Prior to the
installation of any and all utility structures within the limits of work by any utility agency or
company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part
of the Work and adjacent to the location where such utility structures are shown on the Plans
and are noted as being located, relocated or are otherwise shown as installed by others. In
order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval,
may be permitted to temporarily omit the portion of Work affected by the utility. If such
temporary omission is approved by the Engineer, the Contractor shall place survey or other
physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of
the utility agency or company. Such temporary omission shall be for the Contractor’s
convenience and no additional compensation will be allowed therefore or for additional
work, materials or delay associated with the temporary omission. The portion thus omitted
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shall be constructed by the Contractor immediately following the relocation of the utility
involved unless otherwise directed by the Engineer.
18. The Contractor shall notify the Engineer of its Construction Schedule insofar as it affects the
protection, removal, or relocation of utilities. The notification shall be included as a part of
the Construction Schedule. The Contractor shall notify the Engineer in writing of any
subsequent changes in the Construction Schedule which will affect the time available for
protection, removal, or relocation of utilities.
19. The Contractor will not be entitled to damages or additional payment for delays attributable
to utility relocations or alterations if correctly located, noted, and completed.
20. The Contractor may be given an extension of time for unforeseen delays attributable to
unreasonably protracted interference by utilities in performing the Work correctly shown on
the Plans.
21. The Agency will assume responsibility for the timely removal, relocation, or protection of
existing main or trunkline utility facilities within the area affected by the Work if such utilities
are not identified in the Contract Documents. The Contractor will not be assessed liquidated
damages for any delay caused by failure of Agency to provide for the timely removal,
relocation, or protection of such existing facilities.
22. The Contractor will be compensated for damages incurred due to delays for which the Agency
is responsible or for delays attributable to interferences, relocations, or alterations not
covered by the Contract Documents. These damages for delay will be determined by the
Engineer. The Agency shall not be liable for damages which could have been avoided by the
judicious handling of forces, equipment, or plant. These avoidable damages will be
determined by the Engineer. The Engineer may grant Contractor an extension of time for
damages due to delay.
23. When necessary, the Contractor shall so conduct its operations as to permit access to the
Work Site and provide time for utility work to be accomplished during the progress of the
Work.
4-3 INSPECTION.
4-3.1 General
ADD the following:
1. All costs of inspection at the source, including salaries and mileage costs, shall be paid by the
Contractor.
2. Materials typically accepted by Certificate of Compliance shall not require inspection at the
source unless specified in the Contract Documents. For a list of these items or materials,
Contractor may refer to the Summary of Work.
3. Location changes to the source of materials requiring inspection without the required 24-
hour notification may result in non-compliant material subject to rejection. Contractor shall
be responsible for staff charges resulting from last minute changes or cancellations once staff
has been deployed. The Engineer shall issue a deductive Field Order for a minimum of 2 hours
of staff time to reimburse the Agency for misdirected staff charges. The Contractor shall be
notified in writing of the additional staff charges incurred.
4. Steel pipe in sizes larger than 18 inches shall require inspection at the source of production.
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5. Agency staff or a qualified inspection agency approved by the Engineer shall witness all
welding, lining, coating, and testing. Contractor shall incur additional inspection costs
outlined in 4-2.3, “Inspection of Items Not Locally Produced.”
6. All parts of production (including but not limited to product fabrication, welding, testing,
lining, and coating of straight pieces and specials) shall be performed or produced in the
United States.
7. Welding and all testing shall be performed by certified welders and testing staff with
credentials traceable in the United States.
8. The Contractor shall provide the Engineer free and safe access to any and all parts of Work at
any time. Such free and safe access shall include means of safe access and egress, ventilation,
lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained
in the California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of
Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations
as may apply. Contractor shall furnish Engineer with such information as may be necessary
to keep the Engineer fully informed regarding progress and manner of work and character of
materials. Inspection or testing of the whole or any portion of the Work or materials
incorporated in the Work shall not relieve Contractor from any obligation to fulfill this
Contract.
4-3.2 Inspection by the Agency.
DELETE this section in its entirety and replace with the following:
Inspection and testing laboratory services shall be proposed by the Contractor and subject to the
approval of the engineer.
4-3.3 Inspection of Items Not Locally Produced.
ADD the following:
1. The Engineer may elect Agency staff or Consultants to perform inspection of an out-of-town
manufacturers. The Contractor shall incur additional inspection costs of the Engineer
including lodging, meals, and incidental expenses based on Federal Per Diem Rates, along
with travel and car rental expenses. If the manufacturing plant operates a double shift, a
double shift shall be figured in the inspection costs.
a. At the option of the Engineer, full time inspection shall continue for the length of the
manufacturing period. If the manufacturing period will exceed 3 consecutive weeks,
Contractor shall incur additional inspection expenses of the Engineer’s supervisor for a
trip of 2 Working Days to the site per month.
b. When the Engineer elects Agency staff or Consultants to perform out-of-town
inspections, the wages of staff employed by the Agency shall not be part of the additional
inspection expenses paid by Contractor.
c. Federal Per Diem Rates can be determined at the location below:
https://www.gsa.gov/portal/content/104877.
2. Specialty Testing of Foreign Materials.
a. Materials that are manufactured, produced, or fabricated outside of the United States
shall be delivered to a distribution point in California, unless otherwise specified. Quality
Control and related testing shall be performed to all applicable specified US standards.
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Manufacturer’s testing and staff certification shall be traceable to a United States
regulatory agency. Retain the materials for a sufficient period of time to permit
inspection, sampling, and testing. The Contractor shall not be entitled to an extension of
time for acts or events occurring outside of, at point of entry, or during transport to the
United States, unless the extension is acceptable to the Engineer.
ADD the following subsection:
4-3.4 Specialty Inspection Paid for by the Contractor.
1. Contractor shall employ and pay for the services of a qualified inspection agency to perform
specialty inspection services as required by the Contract Documents.
2. The payment for the specialty inspection service Work shall be included under the Bid item
for “Specialty Inspection Paid For By the Contractor”.
3. When an Allowance Bid item for “Specialty Testing Under the Direction of the Engineer” is
provided, Contractor shall employ and pay for the services of a qualified third party
independent laboratory to perform the required testing. Contractor shall be reimbursed for
the cost of testing under this Bid item.
4. The cost for specialty inspections shall be included in the Contractor’s bid price for the item
requiring the specialty inspection.
4-4 TESTING.
ADD the following:
1. Except as specified in these Special Provisions, the Agency will bear the cost of testing of
locally produced materials and/or on-site workmanship where the results of such tests meet
or exceed the requirements indicated in the Standard Specifications, Technical Specification,
and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
2. At the option of the Engineer, the source of supply of each of the materials shall be approved
by the Engineer before the delivery is started. All materials proposed for use may be
inspected or tested at any time during their preparation and use. If, after incorporating such
materials into the Work, it is found that sources of supply that have been approved do not
furnish a uniform product, or if the product from any source proves unacceptable at any time,
the Contractor shall furnish approved material from other approved sources. If any product
proves unacceptable after improper storage, handling or for any other reason it shall be
rejected, not incorporated into the Work and shall be removed from the Project Site all at the
Contractor’s expense.
3. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed
the requirements of the specifications shall be borne by the Agency. The tests may be made
at any place along the Work as deemed necessary by the Engineer. The costs of any retests
made necessary by noncompliance with the specifications shall be borne by the Contractor.
4-6 TRADE NAMES.
ADD the following:
1. Whenever materials or equipment are indicated in the Contract Documents by using the
name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function, and quality required.
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2. Unless stated otherwise, materials or equipment of other suppliers may be accepted if
sufficient information is submitted to the Engineer for review to determine whether the
material or equipment proposed is equivalent or equal to that named.
3. For reviews prior to Bid:
a. The Engineer shall respond to Contractor’s substitution proposal by the last date for
issuing an Addendum for the Contract. If the Engineer fails to respond to Contractor’s
substitution proposal before the Bid due date, the substitution proposal shall be deemed
denied.
b. Contractor may bring forward a substitution proposal after Award that was denied based
on the Engineer’s failure to respond by submitting a Cost Reduction Proposal in
accordance with 2-6.1, “Cost Reduction Proposal”.
4. Include the following information in the request for substitution:
a. Whether or not acceptance of the substitute for use in the Work shall require a change in
any of the Contract Documents to adopt the design to the proposed substitute.
b. Whether or not incorporation or use of the substitute in connection with the Work is
subject to the payment of any license fee or royalty.
c. All variations of the proposed substitute from the items originally specified shall be
identified.
d. Available maintenance, repair, and replacement service requirements. The manufacturer
shall have a local service agency within 50 miles (80.5 km) of the Site which maintains
properly trained personnel and adequate spare parts and is able to respond and complete
repairs within 24 hours.
e. Certifications from the manufacturer or service provider that the proposed substitute
shall perform the intended function adequately under the expected service conditions,
achieve the results called for by the general design, and be similar and of equal substance
to that indicated.
5. There is no guaranteed time frame for the Engineer’s review of the substitution requests. Any
lack of action on the Engineer’s side within Contractor’s requested time does not constitute
acceptance of the substitution.
6. If, in the opinion of the Engineer, substitute items are determined to be unsatisfactory in
performance, appearance, durability, compatibility with existing equipment or systems,
availability of repair parts and suitability of application, the Contractor shall remove the
substituted item and replace it with the originally specified item at no cost to the Agency.
7. The burden of proof as to the type, function, and quality of any such substitute product,
material or equipment shall be upon Contractor. The Engineer may require at Contractor’s
expense additional data about the proposed substitute.
8. Acceptance by the Engineer of a substitute item does not relieve Contractor of the
responsibility for full compliance with the Contract Documents. If the Engineer takes no
exceptions to the proposed substitution, it shall not relieve Contractor from Contractor’s
responsibility to the efficiency, sufficiency, quality, and performance of the substitute
material or equipment in the same manner and degree as the material and equipment
specified by name.
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9. The Bid submittal shall be based on the material and equipment specified by name in the
Contract. If the proposal is rejected by the Engineer, Contractor shall not be entitled to either
an extension in Contract Time, an increase in the Contract Price, or both.
10. As applicable, no Shop Drawing or Working Drawing submittals shall be made for a substitute
item nor shall any substitute item be ordered, installed, or utilized without the Engineer’s
prior written approval.
11. The Contractor is responsible for the satisfactory performance of substituted items. If, in the
sole opinion of the Engineer, the substitution is determined to be unsatisfactory in
performance, appearance, durability, compatibility with associated items, availability of
repair parts and suitability of application the Contractor shall remove the substituted item
and replace it with the originally specified item at no cost to the Agency.
4-7 WEIGHING AND METERING EQUIPMENT.
REPLACE the first paragraph with the following:
All scales and metering equipment used for proportioning materials shall be inspected for
accuracy and certified within the past 12 months by the State of California Bureau of Weights
and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic
registered with or licensed by the County.
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SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS.
ADD the following:
1. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum
wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and
prohibitions against discrimination, harassment, and retaliation. The Contractor shall forfeit
to the Agency the penalties prescribed in the Labor Code for violations.
2. Each worker shall be paid subsistence and travel as required by the collective bargaining
agreement on file with the State of California Department of Industrial Relations.
3. The Contractor’s attention is directed to Labor Code Section 1776 which imposes
responsibility upon the Contractor for the maintenance, certification, and availability for
inspection of such records for all persons employed by the Contractor or Subcontractor in
connection with the Project. The Contractor shall agree through the Contract to comply with
this Section and the remaining provisions of the Labor Code.
4. Municipal ordinances that affect this Work include Chapter 11.06. Excavation and Grading. If
this notice specifies locations or possible materials, such as borrow pits or gravel beds, for
use in the proposed construction Project which would be subject to Fish and Game Code
Section 1601 or 1603, the conditions established in Fish and Game Code Section 1601 et seq.
shall become conditions of the Contract.
5-3.3 Payroll Records.
ADD the following:
1. The Contractor and its Subcontractors shall maintain and furnish to the Agency, at a
designated time, a certified copy of each weekly payroll reflecting the wages containing all of
Contractor’s and Subcontractors’ employees engaged in the Work and a statement of
compliance signed under penalty of perjury.
5-3.4 Hours of Labor.
ADD the following:
1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between
the hours of 8:00 AM and 4:00 PM on Mondays through Fridays, excluding Agency holidays.
The Contractor shall obtain the written approval of the Engineer if the Contractor desires to
work outside these hours or at any time during weekends and/or holidays. This written
permission must be obtained at least 48 hours prior to such work. The Engineer may approve
work outside the stated hours and/or days when, in his/her sole opinion, such work
conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor
shall pay the inspection costs of such work.
5-4 INSURANCE.
5-4.1 General.
ADD the following:
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1. Contractor shall procure and maintain for the duration of the Contract insurance against
claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the Work by the Contractor, his or her agents, representatives,
employees or Subcontractors. The insurance shall meet the City’s policy for insurance as
stated in City Council Policy No. 70.
a. Additional Provisions: Contractor shall ensure that the policies of insurance required
under this Contract with the exception of Workers’ Compensation and Business
Automobile Liability Insurance contain, or are endorsed to contain, the following
provisions.
i. The Agency, its officials, employees and volunteers must be covered as additional
insured as respects: liability arising out of activities performed by or on behalf of the
Contractor; products and completed operations of the Contractor; premises owned,
leased, hired or borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the Agency, its officials,
employees or volunteers. All additional insured endorsements must be evidenced
using separate documents attached to the certificate of insurance; 1 for each
company affording general liability, and employers’ liability coverage.
ii. The Contractor’s insurance coverage shall be primary insurance as respects the
Agency, its officials, employees and volunteers. Any insurance or self-insurance
maintained by the Agency, its officials, employees or volunteers shall be in excess
of the Contractor's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Agency, its officials, employees or volunteers.
iv. Coverage shall state that the Contractor’s insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer’s liability.
b. Notice of Cancellation. Each insurance policy required by this Contract shall be endorsed
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced
in coverage or limits except after 10 Calendar Days’ prior written notice has been sent to
the Agency by certified mail, return receipt requested.
c. Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the Agency. At the option of the
Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured
retention levels as respects the Agency, its officials and employees; or the Contractor shall
procure a bond guaranteeing payment of losses and related investigation, claim
administration and defense expenses.
d. Waiver of Subrogation. All policies of insurance required under this Contract shall contain
a waiver of all rights of subrogation the insurer may have or may acquire against the
Agency or any of its officials or employees.
e. Subcontractors. Contractor shall include all Subcontractors as insured under its policies
or shall furnish separate certificates and endorsements for each Subcontractor.
Coverages for Subcontractors shall be subject to all of the requirements stated in these
Agency Supplemental General Provisions (00 73 00).
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f. Acceptability of Insurers. Insurance must be placed with insurers that have a rating in
Best’s Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the
business of insurance by the State of California Insurance Commissioner as admitted
carriers as evidenced by a listing in the official publication of the Department of Insurance
of the State of California and/or under the standards specified by City Council Policy No.
70.
g. Verification of Coverage. Contractor shall furnish the Agency with certificates of
insurance and original endorsements affecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be in forms approved by the Agency and are to be received and
approved by the Agency before the Contract is executed by the Agency.
h. Coverage and Limits. Contractor will maintain the types of coverage and minimum limits
indicated below unless the Risk Manager or City Manager or Executive Manager approves
a lower amount. These minimum amounts of coverage will not constitute any limitations
or cap on Contractor’s indemnification obligations under this Contract. Agency, its
officers, agents, and employees make no representation that the limits of the insurance
specified to be carried by Contractor pursuant to this Contract are adequate to protect
Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems
adequate, at Contractor’s sole expense. The full limits available to the named insured shall
also be available and applicable to the Agency as an additional insured.
i. Cost of Insurance. The Cost of all insurance required under this Contract shall be included
in the Contractor’s Bid.
5-4.2 General Liability Insurance.
ADD the following:
a. Coverages and Limits: Contractor shall maintain the types of coverages and minimum
limits specified in these Special Provisions:
i. Commercial General Liability (CGL) Insurance: Insurance written on an
“occurrence” basis, including products-completed operations, personal &
advertising injury, with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice the required
occurrence limit.
5-4.3 Workers Compensation Insurance.
ADD the following:
Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits as
required by the Labor Code and Employers’ Liability limits of $1,000,000 per incident. Workers’
compensation offered by the State Compensation Insurance Fund is acceptable to the City.
5-4.4 Auto Liability Insurance.
REPLACE with the following:
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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.
5-6 PATENTS FEES AND ROYALTIES.
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor shall pay, at no additional cost to the Agency, all applicable royalties and license
fees arising from the Work. Contractor shall indemnify and defend all claims and lawsuits for
infringement of patent, trademark, and copyright against the Agency and shall hold the
Agency harmless from any loss.
5-7 SAFETY.
5-7.1.1 General.
ADD the following:
1. When conducting grading or excavation, place Contractor’s name and emergency telephone
number adjacent to the Work at intervals and locations approved by the Engineer. The
method of posting shall be approved by the Engineer.
2. The Contractor shall respond and initiate corrective action in accordance with OSHA and
within 24 hours of the notice of the nonconforming Work that poses an imminent threat to
person or property.
3. The Contractor shall erect and properly maintain at all times, as required by the conditions
and progress of the Work, all necessary safeguards for the protection of workers and public
and shall use danger signs warning against hazards created by such features of construction
as protruding nails, hoists, well holes, and falling materials.
ADD the following subsection:
5-7.1.3 Health and Safety Plan (HSP).
1. The Contractor is ultimately responsible for the health and safety of Contractor’s employees.
These specifications shall not be construed to limit Contractor’s liability nor to assume that
the Agency, its employees, or designees shall assume any of Contractor’s liability associated
with Site safety considerations.
2. Contractor shall have a HSP in effect at least 1 week prior to the commencement of the Work.
The HSP shall comply with all OSHA and other applicable requirements.
3. The HSP shall specifically address procedures and protocols that shall be followed to monitor
for or respond to the presence of hazardous atmosphere, possibility for engulfment, gasses
due to organic soils or proximity to landfills, exposure to hazardous products such as may be
released when grinding, cutting, or torching galvanized or painted surfaces or asbestos
containing materials, contaminated soil, and groundwater. Identify response actions that
shall be taken when these conditions are encountered.
4. The Agency shall not assume any role in determining the adequacy of the HSP on Contractor’s
behalf.
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5-7.3 Use of Explosives.
ADD the following:
1. Explosives may be used only when authorized in writing by the Engineer. The Contractor shall
prepare and submit an application for blasting permit to the City of Carlsbad Engineering
Department and comply with the City’s blasting policy.
5-7.7 Security and Protective Devices.
5-7.7.1 General.
DELETE in its entirety and SUBSTITUTE with the following:
1. Security and protective devices shall consist of fencing, railing, steel plates, or other devices
for the protection of workers or the public from hazards posed by open excavations or any
work in progress. Security and protective devices shall remain in place until the Work is
accepted.
2. Unless otherwise specified, no separate or additional payment will be made for security and
protective devices. Payment shall be included in the Contract price for the various Bid items
requiring such devices.
ADD the following subsection:
5-7.7.3 Playground Safety.
1. Provide a secured fence around the playground to prevent use or access. Do not remove the
fence until the independent Playground Safety Audit has been done by the Contractor and
the Engineer, the Engineer has accepted the playground design and installation, and the
Punchlist items have been completed.
2. Provide certification by a NPSI certified playground inspector that confirms that the installed
equipment is compliant with all applicable codes.
3. The payment for the fencing around the playground and the playground safety audit is
included in the Contract Price.
5-7.7.2 Security Fencing.
1. The payment for security fencing Work for open excavations shall be included in the Contract
Price.
5-7.8 Steel Plate Covers.
5-7.8.1 General.
ADD the following:
1. The Contractor shall protect transverse or longitudinal cuts, voids, trenches, holes, and
excavations in the right-of-way that cannot be properly completed within 1 Working Day by
adequately designed barricades and structural steel plates (plates) that shall support legal
vehicle loads in such a way as to preserve unobstructed traffic flow.
2. For trench widths exceeding those in Table 5-7.8.2, a structural design shall be prepared by a
California registered civil or structural engineer regularly engaged in the design of shoring
systems.
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3. The Contractor shall secure approval in advance from authorities concerning the use of any
bridging proposed on the Work.
4. The Contractor shall shore the trench adequately to support the bridging and traffic loads.
5. The Contractor shall design plates for HS 20-44 truck loading in accordance with Caltrans
Bridge Design Specifications Manual and evaluate soil conditions and ensure that the plate
extends enough beyond the trench walls to support traffic loads.
6. The Contractor shall use the plates skid-resistant with a nominal COF of 0.35 as determined
by California Test Method 342. If a different test method is used, the Contractor may utilize
standard test plates with known coefficients of friction available from each Caltrans District
Materials Engineer to correlate skid resistance results to California Test Method 342.
7. Plates shall provide complete coverage to prevent any person, bicycle, motorcycle, or motor
vehicle from being endangered due to plate movement causing separations or gaps.
8. Alternative installation methods may be submitted in accordance with 3-8, “SUBMITTALS”
for the Engineer’s approval.
9. Contractor shall install signage and postings with a 2 inch (50.8 mm) minimum letter height
indicating the steel plate cover load limit, the Company’s name, and a 24-hour emergency
contact phone number. See 601-1, “GENERAL”.
10. Contractor is responsible for the maintenance of the plates, shoring, and asphalt concrete
ramps or any other approved device used to secure the plates. Contractor shall immediately
mobilize necessary personnel and equipment after being notified by the Engineer, the
Agency, or a member of the public of a repair needed for such items as plate movements,
noise, anchors, and asphalt ramps. Failure to respond to the emergency request within 2
hours shall be grounds for the Agency to perform necessary repairs that shall be invoiced at
the actual cost including overhead or $500 per incident, whichever is greater. Failure may
also result in a “Stop Work” notice.
11. When plates are removed, Contractor shall repair any damage to the pavement with fine
graded asphalt concrete mix or slurry seal satisfactory to the Engineer.
5-7.8.3 Installation.
DELETE method 1 and 2 in its entirety.
ADD the following:
The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width
and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that
the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the
unmilled pavement and the plate shall not exceed 25 mm (1 ") and shall be filled with elastomeric
sealant material which may, at the contractor's option, be mixed with no more that 50%, by
volume, of Type I aggregate conforming to the requirements of tables 203-5.2 and 203-5.3.
ADD the following subsection:
5-8 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT.
1. Contractor agrees to defend, indemnify, and hold harmless Agency, its affiliated and
subsidiary entities, and its elected and appointed officials, officers, directors, managers,
employees and agents (“Indemnified Parties”) from and against all claims asserted, liability
established, or judgments for damages or injuries to any person or property, including to
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Contractor’s officers, employees, agents, or subcontractors, arising directly or indirectly out
of the Work, which arise from, are connected with, or are caused or claimed to be caused by
the acts or omissions of Contractor, its officers, employees, agents or subcontractors.
Contractor’s duty to defend, indemnify, and hold harmless shall not include any claims or
liabilities arising from the sole negligence or sole willful misconduct of the Indemnified
Parties.
2. Contractor further agrees that its duty to defend includes all attorney fees and costs
associated with enforcement of this indemnification provision, defense of any claims arising
from this Contract, and, where a conflict of interest exists or may exist between Contractor
and Agency, the reasonable value of attorney fees and costs if Agency chooses, at its own
election, to conduct its own defense or participate in its own defense of any claim related to
this Contract.
3. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to
the Award of the Contract to Contractor, and Contractor will pay all costs, including defense
costs for the Agency. Defense costs include the cost of separate counsel for the Indemnified
Parties, if the Indemnified Parties request separate counsel.
4. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to
the Award of the Contract to Contractor, arising in whole or in part from alleged inaccuracies
or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor
will pay all costs, including defense costs for the Agency. Defense costs include the cost of
separate counsel for the Indemnified Parties, if the Indemnified Parties request separate
counsel.
5. Contractor shall defend, indemnify, protect and hold the Indemnified Parties harmless from
and against any dispute between Contractor and Contractor’s Subcontractors if the
Indemnified Parties are made a party to any judicial or administrative proceeding.
ADD the following subsection:
5-9 CONFLICT OF INTEREST.
1. Establish and make known to Contractor’s employees appropriate safeguards to prohibit
employees from using their positions for a purpose that is or gives the appearance of being
motivated by desire for private gain for themselves or others and particularly those with
whom they have family, business, or other relationships. Project personnel shall not accept
gratuities or any other favors from Subcontractors or potential Subcontractors.
2. Contractor is subject to all federal, state, and local conflict of interest laws, regulations, and
policies applicable to public contracts and procurement practices (Government Code Sections
1090 et. seq. and 81000 et. seq., the Agency’s Ordinances, and the City of Carlsbad Municipal
Code). If, in performing the Work, Contractor makes or participates in a “governmental
decision” in accordance with Title 2, Section 18701, subdivision (a)(2) of the California Code
of Regulations, or performs the same or substantially all the same duties for Agency that
would otherwise be performed by an Agency employee holding a position specified in the
Agency’s conflict of interest code, Contractor shall be subject to a conflict of interest code
requiring the completion of 1 or more statements of economic interests disclosing
Contractor’s relevant financial interests.
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3. Statements of economic interests shall be made on Fair Political Practices Commission Form
700 and filed with the City of Carlsbad’s City Clerk. Contractor shall file a Form 700 (Assuming
Office Statement) within 30 Calendar Days of the Agency’s written determination that
Contractor shall be subject to a conflict of interest code and file a Form 700 (Annual
Statement) on or before April 1st disclosing any financial interests held during the previous
calendar year for which Contractor was subject to a conflict of interest code.
4. If the Agency requires Contractor to file a statement of economic interests as a result of the
Work performed, Contractor shall be considered an “Agency Official” for conflict of interest
purposes, including the prohibition against lobbying the Agency for 1 year following the
expiration or termination of the Contract.
5. Contractor’s personnel employed on the Project shall not accept gratuities or any other favors
from any Subcontractors or potential Subcontractors. Contractor shall not recommend or
specify any product, supplier, or other Contractor with whom Contractor has a direct or
indirect financial or organizational interest or relationship that would violate conflict of
interest laws, regulations, or policies.
6. If Contractor violates any conflict of interest laws or any of these conflict of interest
provisions, the violation shall be grounds for immediate termination of this Contract. Further,
the violation subjects Contractor to liability to the Agency for all damages sustained as a result
of the violation.
ADD the following:
5-10 ELECTRONIC COMMUNICATION.
1. When specified in the Contract Documents, Contractor shall post all communications
addressed to the Engineer concerning construction including RFIs, submittals, daily logs, and
transmittals to the Project management website (Procore) established for the Project. The
Contractor shall maintain a list of scheduled activities including planned and actual execution
dates for all major construction activities and milestones defined in the approved Schedule.
The Contractor shall review and act on all communications addressed to the Contractor in the
Project management website. A user’s guide to the Project management system may be
available on the City’s website and shall be provided to Contractor at the Pre-construction
Meeting.
2. The payment for electronic communications shall be included in the Contract Price.
ADD the following:
5-11 STATUTORY REFERENCES.
1. All references in these Agency Supplemental General Provisions (00 73 00) to any statute,
rule or regulation are to the statute, rule or regulation as amended, modified, supplemented,
or replaced from time to time by the corresponding legislative or regulatory body.
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SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.
ADD the following:
1. A Payment for the Construction Schedule shall be included in the Contract Price and no
separate payment will be made, therefore.
2. The Contractor shall incorporate the dates, areas and types of work prohibited in this section
in the Construction Schedule. No additional payment, adjustment of bid prices or adjustment
of contract time of completion will be allowed as a consequence of the prohibition of work
being performed within the dates, areas and/or types of work prohibited in this section.
ADD the following subsection:
6-1.2 Pre-Construction Meeting.
1. After notification of Contract award, the Engineer will schedule the Preconstruction Meeting.
Attendance of the Contractor’s personnel responsible for the management, administration,
and execution of the project is mandatory. 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 6-7. The Notice to Proceed will only be issued on or after the
completion of the Preconstruction Meeting. No separate payment will be made for the
Contractor’s attendance at the meeting.
2. The Notice to Proceed will only be issued on or after the completion of the Preconstruction
Meeting and Contractor complies with the Baseline Construction Schedule conditions per 01
33 00.
3. Baseline Construction Schedule must be submitted in Procore and free of file locking,
encryption or any other protocol that would impede full access to the data. Identify the
project name and number, the Contractor’s name and the date of preparation or revision.
6-2 PROSECUTION OF WORK.
ADD the following:
1. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all
excavations and restores to usefulness all improvements existing prior to the start of the
Work.
When a Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the
Agency, Contractor shall remove such Subcontractor immediately upon written request of the
Agency and shall request approval of a replacement Subcontractor to perform the Work in
accordance with the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, § 4100
et seq.) at no added cost to the Agency.
ADD the following:
6-2.1 Order of Work.
1. The Contractor shall incorporate the requirements of the city, utility companies or agencies
having jurisdiction over the Work in accordance with 2-4 Cooperation and Collateral Work.
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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 per the Project Specifications.
2. Specific sequencing constraints include, but are not limited to, the following phases unless
otherwise authorized by the agency:
a. Coastal sage scrub habitat shall not be cleared between March 1 and August 15.
3. If construction and demolition operations are within an active public space, the Contractor
shall submit a phasing plan to the Engineer to accommodate accessibility to the public and
Agency staff. Phasing plan must be approved before Work starts. Phasing plan will be
considered part of the mobilization Bid item and shall include any revisions or
implementation of the Plan.
ADD the following:
6-2.2 Moratoriums.
1. When moratorium periods are specified in the Special Provisions, Contractor shall stop Work
and completely demobilize all construction related activity, equipment, and materials within
the stated limits prior to the beginning of the moratorium periods at no additional cost to the
Agency. The Contractor shall complete any Work that has been started prior to the start of
the moratorium.
2. Contractor shall restore and clean the Site prior to each moratorium. The Contractor shall not
leave equipment, materials, or traffic control on the Site during the moratorium periods.
Trenches shall be backfilled during moratorium periods. Temporary resurfacing or steel plate
covers over trenches shall not be used.
3. The payment for complying with moratorium requirements shall be included in the Contract
Bid. Contractor shall not be entitled to any additional costs for repeated mobilization and
demobilization to continue the Work after the moratorium periods.
6-3 TIME OF COMPLETION.
6-3.1 General.
ADD the following:
1. Unless otherwise specified in the Contract, the time of completion of the Contract shall be
expressed in Working Days.
2. The number of Working Days specified for the walk-through, preparation, and the completion
of Punchlist items until acceptance shall be included in the stipulated Contract Time.
3. For pipeline Projects, the following shall be included in the stipulated Contract Time:
a. Complete each street segment within 15 Working Days from the day the final road
surfacing is placed. Each completed segment shall include other incidental Work items
(weed abatement, damaged asphalt pavement replacement, asphalt patching,
resurfacing, striping, markings, raised pavement markers, and inlet markers).
b. Where shutdowns of 16-inch and larger pipes are required, there is a shutdown
moratorium from May until October. The Contractor shall plan and schedule Work
accordingly. No additional payment or Working Days will be granted for delays due to the
moratorium.
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4. When specified in the Contract Documents, the Plant Establishment Period (PEP) is included
in the stipulated Contract Time and shall begin with the acceptance of the installation of the
vegetation plan in accordance with Part 8 – LANDSCAPING AND IRRIGATION and these Special
Provisions.
5. The Contractor shall obtain the written approval of the Engineer to perform any Work outside
of normal Work hours. This approval must be obtained at least 48 hours prior to
commencement of such Work. The Contractor shall pay any additional costs for inspection or
testing of such Work.
6. Work that is required by the Engineer to occur outside of normal Work hours will be identified
in the Special Provisions.
7. The Contractor shall not perform Work during moratoriums per 6-2.2 or during any periods
of restriction identified in agency permits or Project environmental documents and shall
include all such schedule constraints in the Construction Schedule.
8. No additional payment or adjustment of Bid item prices or adjustment of Contract Time will
be made for the Contractor’s inability to work outside of normal Work hours if Contractor’s
request is denied by the Engineer or during prohibited periods.
9. Contractor’s schedule shall plan for a minimum of 2 weeks after final walk-through to receive
a final punch list from the Agency per Section 3-13.
6-4 DELAYS AND EXTENSIONS OF TIME.
6-4.1 General.
ADD the following:
1. The Agency shall only grant an extension of time if the Extra Work or unforeseen condition
impacts the Project’s critical path. All requests for an extension in Contract Time for any Extra
Work or unforeseen event shall be demonstrated by using the CPM. No other scheduling
method shall be used to calculate the Project’s schedule.
6-4.2 Extensions of Time.
DELETE in its entirety and SUBSTITUTE with the following:
1. The Contract Time shall be modified only by Change Order.
2. Contractor shall immediately submit to the Agency a written request for a Change Order to
modify the Contract Time, but in no event later than 1 Working Day after the occurrence and
discovery of the events giving rise to the request. Contractor shall include in Contractor’s
request a general description of the basis for and the estimated length of any extension and
submit supporting data, including a time impact analysis setting forth the claimed Critical
Path impacts to the Construction Schedule consistent with Section 1.14 (Change Orders,
Delays, and Extensions of Time).
3. The Engineer shall not grant an extension of Contract Time unless Contractor demonstrates,
through an analysis of the critical path, the following:
a. The event causing the delay impacted the activities along the Project’s critical path.
b. The increases in the time to perform all or part of the Project beyond the Contract Time
arose from unforeseeable causes beyond Contractor’s control and without Contractor’s
fault or negligence.
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c. All Project float has been used.
4. The Engineer shall issue a weekly document that stipulates the Contract Time. If Contractor
does not agree with this document, Contractor shall submit to the Engineer for review a
written protest supporting Contractor’s objections to the document within 15 Working Days
after receipt of the weekly document. Contractor’s failure to file a timely protest shall
constitute Contractor’s acceptance of the Engineer’s weekly document.
a. Contractor’s protest will be considered a claim for time extension and shall be subject to
2-10.1, “Claims”.
6-4.4 Written Notice and Report.
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor’s failure to file with the Engineer a written request and report of cause within 24
hours will be considered grounds for refusal by the Agency to consider such request.
2. The Contractor shall provide written notice to the Engineer within 2 hours after the beginning
of the delay, or when the Contractor has placed any workers or equipment on standby for any
reason that the Contractor has determined to be caused by the Agency or by any organization
that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily
written notice to the Engineer, each Working Day, throughout the duration of such period of
delay. The initial and continuing written notices shall include the classification of each worker
and supervisor and the make and model of all equipment placed on standby, the cumulative
duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent
explanation of why the Contractor could not avoid the delay by reasonable means. Should the
Contractor fail to provide the notice(s) required by this section the Contractor agrees that no
delay has occurred and that it will not submit any claim(s) therefore.
3. The request for payment or extension must be made at least 15 Calendar Days prior to the
specified completion date. Failure by the Contractor to provide notices and reports as
specified in the Contract will be considered grounds for refusal by the Agency to consider such
request.
6-6 SUSPENSION OF THE WORK.
6-6.1 General.
ADD the following:
1. The Agency reserves the right to shut down any trenching operation if Contractor is not
proceeding within a reasonable period of time to restore the pavement or site cleanup. A
reasonable period of time is considered to be 5 to 10 Working Days after backfilling any 1
block, approximately 600 feet, of pipeline. The Engineer shall determine the period of time
allowed which shall not be subject to dispute.
2. During periods when the Work is suspended, Contractor shall be prepared for any emergency
Work that shall be supervised by Contractor’s representative.
3. Trenching operations are subject to suspension if the Contractor does not comply with the
requirements for the maximum length of open trench specified in 306-3.5.
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6-7 TERMINATION OF THE CONTRACT FOR DEFAULT.
6-7.1 General.
ADD the following:
a. Contractor fails to notify the Engineer upon discovery of items of Native American,
Archaeological, or Paleontological interests.
6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE.
DELETE in its entirety and SUBSTITUTE with the following:
1. At any time, the Agency may at its sole discretion terminate this Contract in whole or in part.
If the Agency decides to terminate this Contract for convenience, the Agency shall issue a
written notice of termination for convenience in accordance with 5-2, “SPECIAL NOTICES”.
Upon receipt of this notice, Contractor shall immediately proceed as follows:
a. Stop Work immediately or in accordance with the Notice of Termination.
b. Notify Subcontractors and Suppliers to immediately cease their Work and place no further
subcontracts for materials, services, or facilities except as necessary to complete any
authorized continued portion of the Contract.
c. Terminate all subcontracts to the extent that they relate to the Work terminated.
d. With approval by the Engineer, settle all outstanding obligations arising from the
termination of subcontracts. This approval shall be final for the purposes of this section.
e. As directed by the Engineer, transfer and deliver completed or partially completed
drawings, plans, calculations, specifications, and any other documents and records that,
if the Contract had been completed, would be required to be furnished to the Agency.
f. Complete the performance of the Work not terminated.
g. Take all necessary steps and actions to minimize all costs to the Agency as a result of the
termination.
h. Take any action that may be necessary or that the Engineer may direct for the protection
and preservation of the property related to the Contract that is in Contractor’s possession
and in which the Agency has or may acquire an interest.
6-8.1 Termination Cost.
1. The Agency shall determine and pay Contractor the fair and reasonable amounts for
Contractor’s termination cost as follows:
a. The Contract Price for completed services accepted by the Engineer not previously paid
or adjusted for any saving of freight and other charges.
b. The fair and reasonable cost of settling and paying termination settlements for
terminated subcontracts that are chargeable to the terminated portion of the Contract.
c. The Agency shall pay Contractor a prorated amount of profit for Work that Contractor
performed. The Agency shall not pay for lost profit on Work that was not performed by
Contractor.
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6-8.2 Termination Settlement.
1. After termination, Contractor shall submit a final termination settlement proposal to the
Engineer no later than 3 months from the effective date of termination, unless extended in
writing by the Engineer.
2. If Contractor fails to submit the proposal within the time allowed, the Agency may determine
and pay the fair and reasonable amount that may be due Contractor as a result of the
termination. If Contractor does not agree that the amount determined by the Engineer is fair
and reasonable, Contractor must notify the Engineer within 30 Calendar Days of receipt of
payment.
6-8.3 Determination of Amount Due the Contractor.
1. In determining the amount due Contractor, the Agency shall deduct the following:
a. The fair value of property destroyed, lost, stolen, or damaged that has become
undeliverable to the Agency.
b. Any claim which the Agency has against Contractor under the Contract.
6-8.4 Records and Documents Relating to Termination.
1. The Engineer will file an Agreement of Mutual Rescission of Contract with the Board. Once
the Agreement is executed and a Notice of Completion is recorded, retention can be released.
2. Unless otherwise specified or required by statute, Contractor shall maintain all records and
documents relating to the terminated portion of the Contract for 3 years after final
settlement. This includes all books and other evidence bearing on Contractor’s costs,
expenses, and settlement under the Contract. Contractor shall make these records and
documents available to the Agency, at Contractor’s office, at all reasonable times, without
any direct charge. If approved by the Engineer, Contractor may maintain photographs,
microphotographs, and other authentic reproductions instead of original records and
documents.
6-8.5 The Agency’s Right to Terminate or Suspend for Loss of Project Funds.
1. The Agency may terminate or suspend the Contract at its sole discretion if the State of
California or its agents render the funds being used to fund this Project unavailable. If the
Agency chooses to suspend the Contract, that suspension shall last until funds are identified
and approved by the Board, whichever is appropriate, to be used to complete this Project. If
the Agency elects under this provision to terminate the Contract, then neither Party is
entitled to compensation from the other Party for any costs arising from such termination.
The Agency may also elect to terminate after invoking a suspension under this provision.
6-9 LIQUIDATED DAMAGES.
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor’s failure to complete the Work within the time allowed shall result in damages
being sustained by the Agency. Such damages are, and shall continue to be, impracticable
and extremely difficult to determine. For each consecutive Working Day in excess of the time
specified for the completion of the Work, as adjusted in accordance with 6-4, “DELAYS AND
EXTENSIONS OF TIME,” Contractor shall pay to the Agency, or have withheld from monies
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due it, the sum described in the table below, along with any other damages that may be
sustained by the Agency during the Project, unless otherwise specified in the Special
Provisions.
2. The execution of the Contract shall constitute agreement between Contractor and the Agency
that the liquidated damage amount described in the table below is the value of the damage
caused by Contractor’s failure to complete the Work within the allotted time. Such sum shall
not be construed as a penalty and may be deducted from Contractor’s payments if such delay
occurs.
Contract Value Liquidated Damage Daily Amount
Less than $100,000 $1,000
$100,000 and more $2,500
3. Any progress payments made to Contractor after the specified completion date shall not
constitute a waiver of payment for damages sustained by the Agency under this section.
ADD the following subsection:
6-10 RIGHT TO AUDIT.
6-10.1 General.
1. The Agency retains the right to review, audit, reasonably access Contractor’s and all
Contractor’s Subcontractor’s premises to review and audit Contractor’s compliance with the
provisions of the Contract. This includes the right to inspect, photocopy, and retain copies,
outside of Contractor’s premises, of all records with appropriate safeguards if such retention
is deemed necessary by the Agency in its sole discretion. The Agency will keep this
information in strictest confidence.
2. Contractor shall include the Agency’s right to audit in its subcontracts and ensure that these
specifications are binding upon all Subcontractors.
6-10.2 Audit.
1. The right to audit includes the right to examine any and all books, records, documents, and
any other evidence of procedures and practices that the Agency determines is necessary to
discover and verify that Contractor are in compliance with all requirements under the
Contract.
2. If there is a claim for additional compensation or for changes in Work, the right to audit also
includes the right to verify all direct and indirect costs which are claimed to have been
incurred, anticipated to be incurred, or for which a claim for additional compensation or for
changes in the Work have been submitted.
3. Contractor shall maintain complete and accurate records in accordance with generally
accepted accounting practices in the construction industry. Contractor shall also make
available to the Engineer for review and audit all Project-related accounting records and
documents and any other financial data. Upon the Engineer’s request, Contractor shall
submit exact duplicates of originals of all requested records to the Engineer.
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6-10.3 Compliance Required Before Mediation and Litigation.
1. As a condition precedent to proceeding with mandatory mediation and further litigation
under 2-10.2, “Dispute Resolution Process” Contractor shall comply with the audit
specifications within 60 Calendar Days of the Engineer’s notice to review and audit
compliance. See 5-2, “SPECIAL NOTICES”.
6-10.4 Access to Records on Federally Funded Projects.
1. Contractor shall retain all records, books, papers, and documents directly pertinent to the
Contract for a minimum of 5 years after the Agency makes final payments and all other
pending matters are closed and shall allow access to those records to the Agency, the Federal
grantor agency, the Comptroller General of the United States, or any duly authorized
representatives.
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SECTION 7 – MEASUREMENT AND PAYMENT
7-1.2 Methods of Measurement.
ADD the following:
The system of measure for this contract shall be the U.S. Standard Measures.
7-2 LUMP SUM WORK.
ADD the following:
7-2.1 Schedule of Values (SOV).
1. Submit a SOV for the lump sum Bid items of the Work to the Engineer for review and approval
during the submittal phase.
2. The SOV shall:
a. Subdivide the Work into its respective parts.
b. Include values for all items comprising the Work.
c. Serve as the basis for monthly progress payments.
3. The Engineer is the sole judge of acceptable numbers, details, and description of values
established. If, in the opinion of the Engineer, a greater number of SOV items than proposed
by Contractor is necessary, add the additional items identified by the Engineer. When
requested by the Engineer, provide substantiating data in support of the SOV.
4. The Contractor shall incorporate the SOV into the cost loading function of the Schedule in
accordance with 6-1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK”.
Monthly progress payment amounts for Lump Sum items shall be determined from the
monthly updates of the Schedule activities.
5. The Contractor shall develop the SOV independently but simultaneously with the
development of the Schedule activities and logic. Incorporate phase funding impacts, if
applicable, into the Schedule.
6. The Contractor shall break down the Work not specifically included in the Bid as necessary
for establishment of cost and Schedule activity.
7. Following acceptance of the SOV, the Contractor shall incorporate the changes (if any) into
the cost loading portion of the Schedule. Where coordination of the Schedule and the SOV
requires changes made to either or both documents, the Contractor shall propose changes
to the SOV and to the Schedule activities to satisfy the Schedule cost loading requirements.
8. The Contractor shall update and submit these listings in conjunction with the Schedule
monthly submittals.
9. The Contractor shall incorporate issued Change Orders or Field Orders in the Schedule into
the SOV as single units identified by the Change Order or Field Order number.
10. Changes to the Schedule which add activities not included in the original Schedule but
included in the original Work (schedule omissions) shall have values assigned as accepted by
the Engineer. Other activity values shall be reduced to provide equal value adjustment
increases for added activities as accepted by the Engineer.
11. In the event that the Contractor and the Engineer agree to make adjustments to the original
SOV because of inequities discovered in the original accepted SOV, increases and equal
decreases to values for activities may be made.
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12. The payment for the preparation of the SOV shall be included in the Contract Price.
7-3 PAYMENT.
7-3.1 General.
DELETE the last paragraph in its entirety and SUBSTITUTE with the following:
If, within the time fixed by law, a properly executed notice to stop payment is filed with the
Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money
plus 25 percent due for such labor or materials will be withheld from payment in accordance with
applicable laws. At the expiration of 35 Calendar Days from the date of recording the NOC, the
amount deducted from the final estimate and retained by the Agency shall be paid to Contractor
except such amounts as are required by law to be withheld by properly executed and filed notices
to stop payment.
ADD the following:
1. Unless specified otherwise, the Contract Price includes use, consumer, and other taxes
mandated by applicable legal requirements. The Contract Price is not subject to adjustment
for tax increases.
2. As provided in California Public Contract Code Section 7105, if the Contract is not financed by
revenue bonds, Contractor is not responsible for the cost of repairing or restoring damage to
the Project when damage was proximately caused by an Act of God, in excess of 5% of the
Contract Price, if the following occur:
a. The damaged portion of the Project was built in accordance with the Contract
requirements.
b. There are no insurance requirements in the Contract for the damages.
3. Guarantee periods shall not be affected by any payment but shall commence on the date of
recordation of the Notice of Completion.
7-3.2 Partial and Final Payment.
DELETE the last paragraph in its entirety and SUBSTITUTE with the following:
Pursuant to Public Contract Code Section 22300, Contractor shall have the option, at Contractor’s
expense, to substitute for any money withheld by the Agency, securities equivalent to the
amount being withheld. Securities eligible for such substitution are bank or savings and loans
certificates of deposit or such securities which are eligible for investment pursuant to
Government Code Section 16430. As to any such security or securities so substituted for monies
withheld, Contractor shall be the beneficial owner of same and shall receive any accrued interest.
Such security shall, at Contractor’s request and expense, be deposited with the Agency or with a
State or Federally Chartered bank as the escrow agent who shall pay such monies to Contractor
upon notification by the Engineer that payment can be made. Such notification shall be given at
the expiration of 35 Calendar Days from the date of NOC, or as prescribed by law, provided
however, that there shall be a continued retention of the necessary securities to cover such
amounts as are required by law to be withheld by properly executed and filed notices to stop
payment, or as may be authorized by the Contract to be further retained.
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ADD the following:
1. After final inspection, the Engineer will make a Final Payment Estimate and process a
corresponding payment. This estimate will be in writing and shall be for the total amount
owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid
item and Change Order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under
provisions of the Contract. All prior estimates and progress payments shall be subject to
correction in the Final Payment Estimate.
The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate to
make a written statement disputing any Bid item or Change Order item quantity or payment
amount. The Contractor shall provide all documentation at the time of submitting the
statement supporting its position. Should the Contractor fail to submit the statement and
supporting documentation within the time specified, the Contractor acknowledges that full
and final payment has been made for all Contract Bid items and Change Order items.
If the Contractor submits a written statement with supporting documents within 30 Calendar
Days from receipt of the Final Payment Estimate, the Engineer will review the disputed item
within 30 Calendar Days and make any appropriate adjustments on the Final Payment.
Remaining disputed quantities or amounts not approved by the Engineer will be subject to
resolution as specified in Section 2-10.1.1, Initiation of Claim.
The written statement filed by the Contractor shall be in sufficient detail to enable the
Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider
the merits of the Contractor’s potential claims. It will be the responsibility of the Contractor
to furnish within a reasonable time such further information and details as may be required
by the Engineer to determine the facts or contentions involved in its claims. Failure to submit
such information and details will be sufficient cause for denying payment for the disputed
items.
2. Final Payment and release of Retention shall be paid after Contractor submits the following:
a. An affidavit that payrolls and bills for materials, equipment, and other indebtedness
connected with the Work for which the Agency or the Agency’s property might be
responsible for or encumbered by. Fewer amounts withheld by the Agency shall have
been paid for or otherwise satisfied.
b. If required in the Contract Documents, the successful completion and submittal of the
required reports such as construction demolition, waste recycling, and hydrostatic
discharge reports.
c. Required documentation, record drawings, operations manuals, test reports, warranty
documentation, and UL labels shall be submitted before requesting the release of
retention.
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ADD the following subsection:
7-3.2.1 Application for Progress Payment.
1. By the 5th day of each month, sign, fill out, and submit to the Engineer a partial payment
estimate that identifies acceptable Work performed during the previous month, or since the
last partial payment estimate was submitted. If requested by the Engineer, provide such
additional data as may be required to support the payment estimate. Such data may include
submission of signed field orders and satisfactory evidence of payment for equipment,
materials, and labor, including payments to Subcontractors and Suppliers.
2. For application for progress payments, Contractor shall use the format required by the
Agency. An electronic copy of the invoice form is available from the Engineer upon request.
Progress payments shall be signed, and the date of the invoice shall be the date that the
invoice is submitted.
3. The Agency shall not pay progress or partial payments until Contractor submits to the
Engineer an updated Schedule. It is solely the Contractor’s responsibility to prepare and
submit the Schedule updates.
4. Disputed or incorrect applications shall be returned to the Contractor within 7 Calendar Days
with documentation describing the reason for the rejection of the payment request.
ADD the following:
7-3.2.2 Amount of Progress Payments.
1. If an undisputed and properly submitted application for payment is received by the Engineer,
the Agency shall pay Contractor within 30 Calendar Days after the Engineer receives the
application for Payment consistent with Public Contract Code Section 20104.50. The Agency
shall pay Contractor for the Work performed.
ADD the following:
7-3.2.3 Waiver of Claims at Final Payment.
1. Contractor’s acceptance of Final Payment constitutes a waiver of affirmative claims by
Contractor, except those previously made in writing and identified as unsettled at the time
of Final Payment, which are expressly reserved by Contractor from operation of its Release
of Claims pursuant to Public Contract Code Section 7100 or other Applicable Law.
ADD the following:
7-3.2.4 Withholding of Payment and Back Charge.
1. The Engineer may withhold payment for any of the following reasons:
a. Defective or incomplete Work.
b. Stop notices, wage orders, or other withholdings required by Applicable Law.
c. Contractor’s failure to comply with 5-3.3, “Payroll Records” and the Contractor
Registration and Electronic Reporting System requirements of the Contract Documents.
d. Failure to submit monthly Construction Schedule updates.
2. The Engineer may back charge the Contractor for any of the following reasons:
a. Defective or incorrect Work not remedied.
b. Damage to Agency property or a third party’s property that was caused by Contractor.
c. Liquidated Damages.
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d. Non-attendance at meetings without prior cancellation notice.
e. Failed inspections or re-inspections paid by the Agency.
7-3.3 Delivered Materials.
DELETE in its entirety and SUBSTITUTE with the following:
1. The cost of materials and equipment delivered but not incorporated into the Work will not
be included in the progress estimate.
ADD the following:
7-3.3.1 Payment for Stored Materials on Site.
ADD the following:
7-3.3.1.1 General.
1. When authorized, Contractor may request payment for materials and equipment which has
not been incorporated into the Work but will be at a later date and will be delivered and
stored at the Project Site.
2. The material shall meet the Contract requirements and the material’s required test results
and certifications shall be filed with the Engineer.
3. Only non-perishable materials for major items of Work or Materials Subject to Price
Adjustment shall be considered for payment for on-site storage. However, each individual
item has a value of more than 1% of the Contract Price and shall become a permanent part
of the Work.
4. Materials cost shall be evidenced by the manufacturer’s paid invoice bearing the statement
that Contractor has paid all invoices in full.
5. The payments for the stored materials shall not exceed the invoice price or 60% of the Bid
prices for the pay items into which the materials are to be incorporated, whichever is less,
unless otherwise approved by the Engineer.
6. Apply for the payment for materials stored on a form provided by the Engineer and attach
documentation to show the following:
a. The amount paid on the invoice (or other record of production cost) for the stored items.
b. The dollar amount of the material incorporated into each of the various Work items for
the month.
c. The amount that should be retained for stored materials.
d. That Contractor has received the materials and equipment free and are clear of all liens,
charges, secured interests, and encumbrances.
e. That the materials and equipment are covered by the appropriate property insurance in
accordance with the insurance provisions and other arrangements that protect the
Agency’s interest.
7. Contractor shall provide the Engineer, upon request and prior to any partial payment,
documentation which transfers full legal title to such materials to the Agency conditional only
upon receipt of the Final Payment. Such transfer of title or any partial payment shall not
constitute acceptance by the Agency of the materials nor shall it void the right to reject
materials subsequently found to be unsatisfactory in accordance with SECTION 4 – CONTROL
OF MATERIALS. This shall also not relieve Contractor of any obligation arising under the
Contract Documents.
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8. The payments for materials on-site are subject to retention as set forth in 7-3.2, “Partial and
Final Payment”.
9. Contractor shall assume all risks associated with the loss or damage to the stored products
for which payment has or has not been received.
10. Equipment and materials shall be stored in accordance with manufacturer’s
recommendations. The stored products shall be in a form ready for installation. The Agency
shall not pay for raw materials or parts and pieces of equipment.
11. Any and all surplus materials that are not incorporated in the Work shall become Contractor’s
property at no additional cost to the Agency.
12. Unless specifically provided in the Contract, payment for the materials on hand shall not be
included when determining the percentage of Work completed.
13. The cost of materials reported shall be at invoice or lowest current price at which such
materials are locally available and delivered to the job site in the quantities involved, plus
sales tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials
to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any
material provided by the Agency.
ADD the following:
7-3.3.1.2 Payment for Stored Materials Offsite.
1. The payment of materials and equipment delivered and stored offsite shall be contingent
upon Contractor’s compliance with the storage and protective maintenance requirements set
forth in the Contract Documents and all other requirements necessary to preserve equipment
warranties for the benefit of the Agency.
2. The Agency reserves the right to refuse approval for the payment of any equipment or
materials suitably stored offsite in its sole discretion, regardless of whether all conditions in
the Contract Documents have been met.
3. Partial payment may be made for products eligible for offsite delivery and storage only upon
Contractor’s presentation of a bill of sale, a paid invoice, or an affidavit certifying that the
material is received by the Contractor free and clear of all liens, encumbrances, and secured
interest of any kind including offsite delivery.
4. Partial payment for products delivered and stored offsite shall be contingent upon
Contractor’s compliance with the storage and protective maintenance requirements set forth
in the Contract Documents and all other requirements necessary to preserve equipment
warranties for the benefit of the Agency.
5. The cost of materials and equipment delivered but not incorporated into the Work will not
be included in the progress estimate.
6. Costs associated with the delivery to and storage at an offsite facility shall be at Contractor’s
expense regardless of the Engineer’s approval to deliver and store the materials.
7. Contractor shall provide written evidence to the Engineer of having made arrangements for
unrestricted access by the Agency and the Agency’s authorized representatives to the
materials wherever stored, including provisions for the Agency to take control and possession
of such materials at any time and without restriction. Contractor shall furnish the Engineer a
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permit of entry, from the owner of the property, for at least 6 months after the NOC has been
filed. The permit of entry shall contain information similar to the following:
PERMIT OF ENTRY: Permission is granted to the Agency and its designated employees or
agents to enter upon the property described in this permit for a period of not less than 6
months after the NOC has been filed for the TRAFFIC CALMING FOR PARK DRIVE, BLACK RAIL
ROAD, PLUM TREE ROAD AND CARRILLO WAY for the purpose of removing materials for
which advance materials on hand payment has been made to (Contractor’s Name). The
property is owned by (Owner’s Name) and is described as follows: (Address and Description
of Property). (Include signature(s) and date(s) for owner and lessee or purchaser, and, if
appropriate, attach a copy of a warehouse receipt or contract for storage.
8. The material shall be clearly marked and identified as being specifically fabricated, produced,
and reserved for use on the Project. The Contractor shall provide payment documentation
for the materials.
7-3.4 Mobilization.
ADD the following:
1. Mobilization consists of Work necessary for the movement of personnel, equipment,
supplies, and incidentals to and from the Site; for establishment of all offices, buildings,
storage yards, and other facilities necessary for the Work; and for all other Work and
operations which shall be performed prior to beginning the Work and after completion of the
Work on the various Contract items on the Site.
2. Contractor shall properly design the Project parameters to incorporate construction mobility
for moving on and off the Site in a manner that limits disturbance to the surrounding
residences, businesses, and any other citizens. This includes the designated staging areas,
loading areas, and assemblage areas. Contractor shall consider and address access rights of
the public at all times. Prepare a mobilization plan that shall describe and govern Contractor’s
mobilization activities.
3. When a Bid item has been provided for “Mobilization,” payment for mobilization Work shall
be distributed equally over the first 2 progress payments up to the Bid amount of the
“Mobilization” Bid item but shall not exceed 3% of the Contract Price. If Contractor’s Bid item
for “Mobilization” exceeds 3% of the Contract Price, then anything above 3% of the Contract
Price shall be paid as a part of the Final Payment.
4. The complete dismantling and removal of all of Contractor’s properties, temporary facilities,
equipment, materials, construction wastes, and personnel at the Site referred to as
demobilization is included in the payment for mobilization, unless there is a Bid item for
demobilization.
If a separate Bid item has not been provided for mobilization, the payment for mobilization is
included in the Contract Price.
7-3.5 Contract Unit Prices.
7-3.5.1 General.
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ADD the following:
1. Unit Bid prices shall not be subject to adjustment regardless of quantity used or if none is
used for the following Bid items:
a. additional bedding
b. imported backfill
c. shoring
d. water services and connections
e. water pollution control items
f. point repairs for existing sewer mains
g. additional point repairs for existing sewer mains
h. sewer lateral connections
i. sewer lateral linings
j. traffic control
k. additional equipment
2. Should the actual quantity of an item of Work covered by a Contract Unit Price and
constructed in conformance with the Plans and Specifications, exceed the Bid quantity by
more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity
will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by
the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work
per Section 2-8. The Extra Work per Section 2-8, basis of 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. 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 2-8; however, in no
case will payment be less than would be made for the actual quantity at the Contract Unit
Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit
Price.
ADD the following subsection:
7-3.9 Field Orders.
1. The Agency shall pay Field Order items of the Work in accordance with the limits below if the
cumulative total of Field Orders does not exceed the “Field Orders” Bid Item:
Contract Price Maximum Field Order Amount
Less than $100,001 $2,500
$100,001 to $1,000,000 $5,000
$1,000,001 to $5,000,000 $10,000
Greater than $5,000,000 $20,000
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ADD the following subsection:
7-3.10 Compensation Adjustments for Price Index Fluctuations.
1. Unless otherwise specified, the provisions of this section apply only to the paving asphalt
used in the following:
a. Asphalt Concrete Pavement
b. Asphalt Pavement Repair
c. Scheduled and Unscheduled Base Repair
d. Slurry Seal or any other asphalt emulsion
2. The compensation for paving asphalt shall be increased or decreased for paving asphalt price
fluctuations in accordance with 7-3.11 “Compensation Adjustments for Price Index
Fluctuations” in the Caltrans Standard Specifications.
3. The adjustment in compensation shall also be subject to the following:
a. Show the provided compensation adjustments separately on payment estimates.
Contractor is liable to the Agency for decreased compensation adjustments and the
Engineer may deduct the amount from moneys payable or that may become payable to
Contractor.
b. In the event of an overrun of Contract Time, adjustment in compensation for asphalt
binder included in estimates during the overrun period shall be determined using the
California Statewide Crude Oil Price Index in effect on the first business day of the month
within the pay period in which the overrun began.
c. In the event that the companies discontinue posting their prices for a field, the Engineer
shall determine an index from the remaining posted prices. The Agency reserves the right
to include in the index determination the posted prices of additional fields.
4. Contractor may opt out of the payment adjustments for price index fluctuations when
specified in the Contract Documents by submitting a letter with the Bid.
7-4 PAYMENT FOR EXTRA WORK.
7-4.1 General.
ADD the following:
1. With every request for payment, Contractor shall submit to the Engineer a breakdown
showing monthly and cumulative amounts of the Work performed under the Change Order
by Contractor and Contractor’s Subcontractors. The reporting format shall be approved by
the Engineer.
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor.
ADD the following:
1. The Agency reserves the right to request the following:
a. Financial records of salaries for an employee.
b. Wage rates/Certified Payroll.
c. Bonuses and deductions.
2. Contractor shall list the labor rates of its personnel and Subcontractors who work on the
Project. The payment for payroll records is included in the Contract Price.
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3. If Contractor’s proposal for Extra Work is based upon services and Work to be performed
outside Normal Working Hours, the labor charges associated with the Extra Work shall consist
of straight time wages and burdens plus the appropriate overtime or shift premium with no
additional burdens, such as fringe benefits, on the premium portion.
7-4.2.3 Tool and Equipment Rental.
DELETE in its entirety and SUBSTITUTE with the following:
1. No payment shall be made for the use of tools which have a replacement value of $200 or
less.
2. Regardless of ownership, the rates and delay factors to be used in determining equipment
rental costs shall not exceed those listed in the latest edition of the Caltrans publication
entitled “Labor Surcharge and Equipment Rental Rates” preceding the date the Work is
accomplished. The latest edition of the Caltrans publication is available at www.dot.ca.gov.
The delay factors therein shall be used as multipliers of the rental rates for determining the
value of costs for delay to the Contractor and Subcontractors, if any. The labor surcharge
rates published therein are not a part of this Contract.
3. Contractor shall be entitled to a rental rate adjustment when Contractor can substantiate
that the rental rates prevailing locally exceed the published rates by more than 15%. For
equipment not listed in the Caltrans publication, rental rates shall not exceed listed rates
prevailing locally at equipment rental agencies or distributors at the time the Work is
performed.
4. Whenever possible, Extra Work shall be accomplished using equipment available on Site or
owned by Contractor. If a specific piece of equipment shall be rented to be used exclusively
for the Extra Work, the rental rate shall be the invoiced rate. The rental rates paid shall
include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs
and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary
loading and transportation costs for equipment used on the Extra Work shall be included.
5. If rental equipment is not being used or used intermittently and could be returned to its rental
source rather than holding it at the Work Site, the Contractor shall return the equipment at
no expense to the Agency unless Contractor elects to keep it at the Work Site at Contractor’s
expense.
6. The reported rental time for equipment already at the Work Site shall be the duration of its
use on the Extra Work. This time shall begin when equipment is first used on Extra Work, plus
the time required to move it from its previous site and back or from its previous site to a
closer site.
7. All equipment shall be acceptable to the Engineer, in good working condition, and suitable
for the purpose for which it is to be used.
7-4.2.5 Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall
be submitted with the request for payment. If the request for payment is not substantiated by
invoices or other documentation, the Agency may establish the cost of the item involved at the
lowest price which was current at the time of the report.
7-4.3 Markup.
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7-4.3.1 Work by the Contractor.
DELETE in its entirety and REPLACE with the following:
The following percentages shall be added to the Contractor’s costs and shall constitute the
markup for all overhead and profits:
Labor 20
Materials 15
Equipment Rental 15
Other Items and Expenditures 15
To the sum of the costs and markups provided for in this section, 1% shall be added as
compensation for bonding.
7-4.3.2 Work by a Subcontractor.
DELETE in its entirety and REPLACE with the following:
When all or any part of the Extra Work is performed by a Subcontractor, the markup established
in 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such Work. A markup of 10 percent
on the first $5,000 of the subcontracted portion of the Extra Work and a markup of 5 percent on
Work added in excess of $5,000 of the subcontracted portion of the Extra Work may be added by
the Contractor.
7-4.4 Daily Reports.
ADD the following:
Payment for Extra Work will not be made until such time that the Contractor submits completed
daily reports and all supporting documents to the Engineer.
When the price for the Extra Work cannot be agreed upon, the Contractor shall submit a daily
report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets,
listing all labor, materials, and equipment involved for that day, and other services and
expenditures when authorized. Payment for Extra Work will not be made until such time that the
Contractor submits completed daily reports and all supporting documents to the Engineer.
Failure to submit the daily report by the close of the next Working Day may waive any rights for
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.
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SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
DELETE this Section in its entirety and ADD the following:
8-1 GENERAL.
Field facilities for Agency personnel are not required.
END OF SECTION
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INTRODUCTION TO PARTS 2 THROUGH 8
The Specifications contained in this 00 7400 Agency Supplemental Technical Provisions take
precedence over the specification language contained in the Standard Specifications for Public
Works Construction, "The Greenbook" latest edition and all errata. This specification addresses
the unique conditions in Carlsbad that are not addressed in The Greenbook. Therefore, if there
is a conflict, these Specifications shall control.
The Greenbook may be purchased at Bidder/Contractors local technical bookstore or directly
from the publisher. These Agency Supplemental General Provisions are available only for
download from the online bidding portal with Contract Documents. The Agency does not provide
hard copies.
When used in the Contract Documents, statements or command phrases (active voice and
imperative mood) refer to and are directed at the “Bidder” or “Contractor” as applicable. The
Specifications are written to the “Bidder” before award and the “Contractor” after award. Before
award, interpret sentences written in the imperative mood as starting with “The Bidder shall.”
Interpret the term “you” as “the Bidder” and interpret the term “your” as “the Bidder’s.” After
award, interpret sentences written in the imperative mood starting with “The Contractor shall.”
Interpret the term “you” as “the Contractor” and interpret the term “your” as “the Contractor’s.
PART 2 CONSTRUCTION MATERIALS
SECTION 200 – ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS.
200-2.1 General.
ADD the following:
1. Aggregate base shall be Crushed Aggregate Base per Greenbook Section 200-2 and as
specified in this section.
200-2.2 Crushed Aggregate Base.
200-2.2.1 General.
ADD the following:
Crushed Aggregate Base shall be free from organic matter and other deleterious substances, and
shall be of such nature that it can be compacted readily under watering and rolling to form a firm,
stable base.
1. The aggregate shall not be treated with lime, cement or other chemical material before tests
are performed.
2. Samples for testing shall represent every 500 cubic yards or one day's production, whichever
is smaller. If the results of the aggregate grading tests do not meet the requirements for
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Percentage Passing Sieve as specified in Table 200-2.2.2, but meet the Quality Requirements
as specified in Table 200-2.2.3, placement of the aggregate base may be continued for the
remainder of that day. However, another day's Work may not be started until test results
indicate to the satisfaction of the Engineer that the next material to be used in the Work will
comply with the requirements specified for Percentage Passing Sieve.
3. If the results of both the aggregate grading and Sand Equivalent tests do not meet the
requirements of Section 200-2.2, the aggregate base which is represented by these tests shall
be removed. However, if requested by the Contractor, and approved at the sole discretion of
the Engineer, the aggregate base may remain in place and the Contractor shall pay to the
Agency $50 per cubic yard for such aggregate base left in place. The Agency may deduct this
amount from any moneys due, or that may be come due, to the Contractor under the
Contract.
SECTION 201 – CONCRETE, MORTAR AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE.
MODIFY TABLE 201-1.1.2 as follows:
TABLE 201-1.1.2
PORTLAND CEMENT CONCRETE
Type of Construction Concrete Maximum
Class Slump (Inches)
All Concrete Used Within the Right-of-Way 560-C-3250 (1) (2)
Trench Backfill Slurry 190-E-400 8”
Street Light Foundations and Survey
Monuments
560-C-3250 4”
Traffic Signal Foundations 650-CW-4000 4”
Concreted-Rock Erosion Protection 520-C-2500P per Table 300-11.3.2
(1) Except that concrete required to be of higher strength by Table 201-1.1.2 SSPWC shall be as per Table 201-1.1.2 SSPWC.
(2) As per Table 201-1.1.2 SSPWC.
201-1.2.1 Cement.
SUBSTITUTE the following:
a) Portland Cement. Portland Cement shall be Type II or V Portland cement conforming to
ASTM C150 and the optional requirements of ASTM C150, Table 2 for maximum
equivalent alkalis (Na2O + 0.658K2O) of 0.60 percent.
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SECTION 203 – BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.1 General.
DELETE in its entirety and REPLACE with the following:
Asphalt Concrete (AC) for patches shall be Type III-C3-PG 64-10-R0. No recycled asphalt
pavement (RAP) shall be used in the AC mix used for patching.
Asphalt Concrete for overlay shall be Type III-C3-PG 64-10-R15. Asphalt Concrete in base course,
if necessary or required by the City Inspector, shall be Type III-B2-PG 64-10-R15. No more than
15% RAP shall be used in the full width overlay and base course AC mixes.
Unless otherwise specified in the Special Provisions or shown on the Plans, asphalt concrete
mixtures shall conform to 203-6.4.
203-6.3 Job Mix Formula (JMF) and Mix Designs.
203-6.3.1 General.
DELETE in its entirety and REPLACE with the following:
1. The Contractor shall submit in accordance with 3-8, a JMF that summarizes each asphalt
concrete mix design for each class and grade of asphalt concrete required to construct the
Work. Supporting information for the WMA technology and/or recycling agent, if included in
a mixture, shall also be submitted.
2. The JMF shall identify the source and the individual grading of each material used to produce
the mix design (including the percentage and individual gradation of any manufactured or
natural sands), the combined gradation, the OBC, void content, RAP percentage, RAP
gradation, RAP binder content, stability value, plant identification, mix number, WMA
technology, and the source and performance grade of the paving asphalt. The mix design test
data represented by the JMF shall be submitted to the Engineer with the JMF.
3. When greater than 20 percent RAP is to be included in a mixture, a mix design shall be
submitted. The submittal shall include supporting information showing the viscosity of the
individual binders (both the virgin paving asphalt grade and that of the binder recovered from
the RAP); and the amount of recycling agent, if any, and the blended final viscosity in
accordance with AASHTO M323.
4. For all mixtures, the asphalt binder content shall be defined as the total bituminous material
present in the mix consisting of the blend of virgin paving asphalt, residual paving asphalt
from RAP, and recycling agent.
5. When a mix design is more than 30 Calendar Days old, the JMF must indicate that the
combined gradation is ± 3 percent from the referenced mix design based on a 30-day moving
average or a minimum of the 10 most current results. If the combined aggregate gradation is
not within ± 3 percentage points of the gradation shown on the referenced mix design on any
sieve, if the source of any aggregate is changed, the performance grade or source of paving
asphalt is changed, the grade or source of any other component of asphalt concrete is
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changed, or the mix design is over 1 year old, a new mix design shall be prepared and a new
JMF shall be submitted to the Engineer for approval.
6. Asphalt Concrete shall be Class C2-PG-64-10.
203-6.3.2 Hveem Mix Design Method.
DELETE the fourth paragraph and REPLACE with the following:
1. Unless viscosity and blending charts developed in accordance with AASHTO M323 show
otherwise, mix designs for mixtures containing more than 20 percent RAP shall drop the high
temperature requirement of the virgin paving asphalt by one performance grade and drop
the low temperature requirement by a minimum of one performance grade, e.g., a specified
"PG 64-1O" shall become a "PG 58-22 or "PG 58-16".
203-6.4.1 Class and Grade.
DELETE letters b) and d) and REPLACE with the following:
b) "R0" if the mixture does not contain RAP, e.g., "C3-PG 64-10-R0".
c) "WMA" if the mixture uses a warm mix asphalt technology, e.g., "C2-PG 64-10-WMA".
203-6.4.4 Composition and Grading.
ADD the following:
Table 203-6.4.4, design criteria, shall be modified per the following table, the gradation shall stay
the same:
Table 203-6.4.4 – Modified (Design Criteria)
Sieve Size
Percentage Passing Sieves
A B C1 C2 D1 D2 E F
Dense
Coarse
Dense
Medium
Coarse
Coarse
Medium
Dense
Medium
Coarse
Fine
Dense
Fine
Extra
Fine
Channel
Liner
1-1/2” (37.5 mm) 100
1” (25 mm) 90-100 100
¾” (19.0 mm) 78-90 87-100 100 100
½” (12.5 mm) 64-78 70-87 90-100 95-100 100 100
3/8” (9.5 mm) 54-68 55-76 72-88 72-88 90-100 95-100 100 100
No. 4 (4.75 mm) 34-48 35-52 40-54 46-60 40-54 58-72 65-85 95-100
No. 8 (2.36 mm) 25-35 22-40 18-34 28-42 20-32 34-48 45-65 70-84
No. 30 (600 µm) 12-22 8-24 8-20 15-27 6-18 18-32 22-38 36-50
No.50 (300 µm) 8-16 5-18 4-14 10-20 2-12 13-23 16-28 23-35
No. 200 (75 µm) 3-6 0-7 1-6 2-7 0-5 2-9 6-12 6-12
Asphalt Binder % 4.5-6.0 4.7-6.5 5.0-6.5 5.0-6.5 5.3-7.0 5.3-7.0 6.0-8.0 8.0-10.0
Hveem Stability
“S Value” (min.)
37 37 35 35 32 32
Air Voids1 4% 4% 4% 4% 4% 4%
203-6.5.1 Class and Grade.
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DELETE the list and REPLACE with the following:
a) No suffix if the mixture contains RAP in an amount up to 20 percent.
b) "R0" if the mixture does not contain RAP, e.g., "III-C3-PG 64-10-R0".
c) "R" and the percentage of RAP if the mixture contains greater than 20 percent, e.g. "III-
C3-PG 64-I0-R25".
d) "WMA" if the mixture uses a warm mix asphalt technology, e.g., "III-C3-PG 64-10-WMA".
203-6.5.4 Table.
DELETE in its entirety and REPLACE with the following:
CLASS B2 B3
Sieve Size Individual
Test Result
Moving
Average
Individual
Test Result
Moving
Average
1" (25.0 mm) 100 100 100 100
3/4" (19.0 mm) 87-100 90-100 90-100 95-100
3/8" (9.5 mm) 50-80 60-75 60-84 65-80
No. 4 (4.75 mm) 30-60 40-55 40-60 45-60
No. 8 (2.36 mm) 22-44 27-40 24-50 30-45
No. 30 (600 µm) 8-26 12-22 11-29 15-25
No. 200 (75 µm) 1-8 3-6 1-9 3-7
Asphalt Binder %
Air Voids %
4.8-6.5
4%
4.8-6.5
4%
CLASS C2 C3
Sieve Size Individual
Test Result
Moving
Average
Individual
Test Result
Moving
Average
3/4" (19.0 mm) 100 100 100 100
1/2" (12.5 mm) 89 -100 95 -100 89 -100 95 - 100
3/8" (9.5 mm) 70-94 75-90 74 -100 80-95
No. 4 (4.75 mm) 44-72 50-67 50- 78 55-72
No. 8 (2.36 mm) 30-54 35-50 32-60 38-55
No. 30 (600 µm) 10-34 15 - 30 14 - 38 18 - 33
No. 200 (75 µm) 2-10 4-7 2-10 4-8
Asphalt Binder %
Air Voids %
5.0 - 6.8
4%
5.0 - 7.0
4%
CLASS D F
Sieve Sizes Combined Average Combined Average
1/2" (12.5 mm)
3/8" (9.5 mm)
100
95-100
-
100
No. 4 (4.75 mm) 65-85 95-100
No. 8 (2.36 mm) 50-70 70-80
No. 30 (600 µm) 28-40 35-50
No. 200 (75 µm) 5-14 7-16
Asphalt Binder %
Air Voids
6.0-8.0
4%
8.0-10.0
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203-6.8 Storage.
DELETE in its entirety and REPLACE with the following:
1. Storage of asphalt concrete shall not be allowed. Asphalt concrete shall be transferred from
the mixer by a method that does not cause segregation.
203-6.10 Sampling.
ADD the following:
Evaluation of asphalt concrete shall be determined from samples of final asphalt concrete
material. In addition to evaluation of the final asphalt material, samples of aggregate, RAP, and
asphalt binder will be taken for testing. In case of dispute between the Contractor and the
Agency, the Engineer has the authority to request core samples for analysis from the placed
asphalt concrete for any of the acceptance criteria, at the locations determined by the Engineer.
All samples shall be taken in accordance with California Test 125, and the following table:
Sampling Location
Asphalt Concrete • Trucks, or
• Mat behind the paver
Aggregate • Cold feed belts, or
• Hot bins prior to addition of asphalt binder
RAP • RAP system, or
• RAP feed belts
Asphalt Binder • Asphalt binder supplier, or
• Storage tanks at the plant during production
When behind the paver or core samples of asphalt concrete are to be used for evaluation,
sufficient size samples shall be taken to ensure representative and adequate quantity of material
for the required testing.
When using core samples, the samples must be properly prepared to safeguard against influx of
outside contaminates and so that the cut surfaces do not influence the test results.
Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal to
1 day’s production or 750 tons, whichever is smaller. The samples and testing results shall be
representative of their entire sample lot.
1. Evaluation and acceptance of asphalt concrete shall be determined from samples of final
asphalt concrete material. In addition to evaluation of the final asphalt material, samples of
aggregate, RAP, and asphalt binder shall be taken for testing. In case of dispute between the
Contractor and the Agency, the Engineer has the authority to request core samples for
analysis from the placed asphalt concrete for any of the acceptance criteria, at the locations
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determined by the Engineer. All samples shall be taken in accordance with California Test
125, and the following table:
TABLE 203-6.10
Sampling Location
Asphalt Concrete • Trucks, or
• Mat behind the paver
Aggregate • Cold feed belts, or
• Hot bins prior to addition of asphalt binder
RAP • RAP system, or
• RAP feed belts
Asphalt Binder • Asphalt binder supplier, or
• Storage tanks at the plant during
production
2. When behind the paver or core samples of asphalt concrete are to be used for evaluation,
sufficient size samples shall be taken to ensure representative and adequate quantity of
material for the required testing.
3. When using core samples, the samples must be properly prepared to safeguard against influx
of outside contaminates and so that the cut surfaces do not influence the test results.
4. Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal
to 1 day’s production or 750 tons, whichever is smaller. The samples and testing results shall
be representative of their entire sample lot.
203-6.11 Acceptance.
DELETE in its entirety and REPLACE with the following:
1. Acceptance of asphalt concrete mixtures will be based upon conformance to the gradation,
asphalt binder content, air voids, and minimum stability values shown in Table 203-6.4.4. Air
void values shall be between 2% and 6%. The asphalt binder content shall be within +/- 0.4
percent of the OBC shown on the respective job mix formula.
2. Acceptance of Type III asphalt concrete mixtures will be based upon conformance to the
gradation, asphalt binder content, air voids, and minimum stability values shown in Tables
203-6.5.4 (A) and 203-6.5.4 (B). Air void values shall be between 2% and 6%. The asphalt
binder content shall be within +/- 0.4 percent of the OBC shown on the respective job mix
formula.
3. Should plant gradation test results be unavailable and allowed by the Engineer, gradation
may be determined in accordance with ASTM D2172 or by AASHTO T 308 with adherence to
the aggregate correction factor therein. In the case of a continued dispute, final acceptance
of plant produced mixtures may be based upon binder content, stability and air void values.
4. When dissimilar surface course mix characteristics are the result of production and delivery
from multiple plants, the Engineer may require production and delivery from only 1 plant
during any 1 day of production.
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SECTION 206 – MISCELLANEOUS METAL ITEMS
ADD the following:
206-7 TRAFFIC SIGNS.
206-7.1 Roadside Signs.
1. This Work shall consist of furnishing and installing roadside signs in accordance with details
shown on the Plans, the California Sign Specifications and these special provisions.
Permanent and temporary signs shall be free from blemishes that may affect the
serviceability and detract from the general sign color and appearance when viewing during
daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be
uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks,
extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of
router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive
overspray, and aluminum marks.
206-7.1.2 Sign Identification.
1. The following notation shall be placed on the lower right side of the back of each sign where
the notation shall not be blocked by the sign post or frame:
A. PROPERTY OF THE CITY OF CARLSBAD,
B. Name of the sign manufacturer,
C. Month and year of fabrication,
D. Type of retroreflective sheeting, and
E. Manufacturer’s identification and lot number of retroreflective sheeting.
2. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper
case letters and numerals by die-stamp and applied by similar method to the fiberglass
reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed.
The notation shall be applied without damaging the finish of the sign.
206-7.1.3 Drawings.
1. Standard signs shall be as per the most recently approved California Sign Specifications. The
date of approval shall be the date most closely preceding the date of manufacture of the
sign(s) or the date of the “Notice to Proceed” of this Contract, whichever is most recent.
206-7.1.4 Reflective Sheeting.
1. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV
prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens
sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and
conforming to the requirements of these special provisions.
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206-7.1.5 Sign Panel.
1. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation
B209. Sheet aluminum shall be pretreated in accordance to ASTM Designation B449. The
surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly
adherent chromate conversion coating free of powdery residue. The conversion coating shall
be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and
coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust,
and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and
defects resulting from fabrication.
206-7.1.6 Mounting Traffic Signs.
1. Traffic signs shall be installed on 10-gage or 12-gage cold-rolled steel perforated tubing posts
as shown on San Diego Regional Standard Drawing M-45 or, when the sign area exceeds the
maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel
perforated tubing posts. The number of posts shall be determined by the parameters in SDRS
Drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces
and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled
steel perforated tubing when multiple posts are used.
206-7.1.6 Traffic Sign Posts.
1. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as
shown on San Diego Regional Standard Drawing M-45.
206-7.2 Temporary Traffic Signs.
1. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation
of vehicle (including bicycle) and pedestrian traffic during the Contractor’s performance of
the Work. Temporary traffic signs include both stationary and portable signs.
206-7.2.1 General.
1. This Work shall consist of furnishing and installing temporary signs in accordance with details
shown on the Plans, the California Sign Specifications and these special provisions.
Permanent and temporary signs shall be free from blemishes that may affect the
serviceability and detract from the general sign color and appearance when viewing during
daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be
uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks,
extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of
router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive
overspray, and aluminum marks.
206-7.2.2 Drawings.
1. Standard signs shall be as per the most recently approved California Sign Specifications. The
date of approval shall be the date most closely preceding the date of manufacture of the
sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent.
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206-7.2.3 Reflective Sheeting.
1. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV
prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens
sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and
conforming to the requirements of these special provisions.
206-7.2.4 Sign Panel.
1. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation
B209. Sheet aluminum shall be pretreated in accordance to ASTM Designation B449. The
surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly
adherent chromate conversion coating free of powdery residue. The conversion coating shall
be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and
coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust,
and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and
defects resulting from fabrication.
206-7.2.5 Stationary Mounted Temporary Traffic Signs.
1. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-
rolled steel perforated tubing posts in the same manner shown on the State of California,
Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of
roadside signs, except as follows:
a. Wood posts shall not be used.
b. Back braces and blocks for sign panels will not be required.
c. The height to the bottom of the sign panel above the edge of traveled way shall be at
least 2.1 m (7’).
d. Unless otherwise shown on the Plans, traffic signposts shall conform in materials and
installation to SDRS Drawing M-45 and shall have 1 post provided for each 0.48 m2 (5 ft2)
of sign area, or the signs may be installed on existing lighting standards when approved
by the Engineer.
e. Sign panels mounted on temporary traffic signposts shall conform to the requirements of
these special provisions.
206-7.2.6 Temporary Traffic Sign Posts.
1. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and
stabilization of stationary mounted temporary signs. Post size and number of posts shall be
as shown on the Plans, except that when stationary mounted signs are installed and the type
of sign installation is not shown on the Plans, post size and the number of posts will be
determined by the Engineer. Sign panels for stationary mounted signs shall consist of
reflective sheeting applied to a sign substrate.
206-7.2.7 Portable Temporary Traffic Signs.
1. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign
panel. The units shall be capable of being delivered to the site of use and placed in immediate
operation. Sign panels for portable signs shall conform to the requirements of these special
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provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved
fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend
requirements for portable signs shall be as described for stationary mounted sign panels in
section 206-7.2 of these special provisions. The height to the bottom of the sign panel above
the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or
framework shall be finished with 2 applications of orange enamel which will match the color
of the sign panel background. Testing of paint will not be required.
ADD the following subsection:
206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS.
206-8.1 General.
1. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the
support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-
roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform
to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and
punching operations have been completed. Cold-rolled steel perforated tubing shall be
perforated on all 4 faces with 11mm (7/16”) holes on 25 mm (1”) centers.
206-8.2 Tolerances.
1. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011”, -0.005”). Convexity
and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25
mm (+0.010”) applied to the specific size determined at the corner. Straightness tolerance
variation shall not exceed 1.6 mm in 1 m (1/16 “ in 3’). Tolerance for corner radius is 4.0mm
(5/32”), plus or minus 0.40 mm (1/64“). Weld flash on corner-welded square tubing shall
permit 3.60 mm (9/64”) radius gage to be placed in the corner. Using 10-gage or 12-gage
square tube, consecutive size tubes shall telescope freely for 3.1m (10’). Tolerance on hole
size is plus or minus 0.40 mm (1/64“) on a size. Tolerance on hole spacing is plus or minus 3.2
mm in 6.1 m (1/8” in 20’). In addition, for the following specific sizes of light gage steel tubing,
dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B).
TABLE 206-8.2(A)
LIGHT GAGE STEEL TUBING SIZE TOLERANCE
Nominal Outside
mm
Dimensions
(inches)
Outside Tolerance for
mm
All Sides at Corners
(inches)
25 x 25 (1 x 1) 0.13 0.005
32 x 32 (11/4 x 11/4) 0.15 0.006
38 x 38 (11/2 x 11/2) 0.15 0.006
44 x 44 (13/4 x 13/4) 0.20 0.008
51 x 51 (2 x 2) 0.20 0.008
56 x 56 (23/16 x 23/16) 0.25 0.010
57 x 57 (21/4 x 21/4) 0.25 0.010
64 x 64 (21/2 x 21/2) 0.25 0.010
51 x 76 (2 x 3) 0.25 0.010
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TABLE 206-8.2(B)
LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST
Nominal Outside
mm
Dimension
(Inches)
Squareness(1)
mm
(Inches)
Twist
Permissible
mm(2)
in 900 mm
(3”)
(Inches)(2)
25 x 25 (1 x 1) 0.15 0.006 1.3 0.050
32 x 32 (1-1/4 x 1-1/4) 0.18 0.007 1.3 0.050
38 x 38 (1-1/2 x 1-1/2) 0.20 0.009 1.3 0.050
44 x 44 (1-3/4 x 1-3/4) 0.25 0.010 1.6 0.062
51 x 51 (2 x 2) 0.30 0.012 1.6 0.062
56 x 56 (2-3/16 x 2-3/16) 0.36 0.014 1.6 0.062
57 x 57 (2-1/4 x 2-1/4) 0.36 1.014 1.6 0.062
64 x 64 (2-1/2 x 2-1/2) 0.38 0.015 1.9 0.075
51 x 76 (2 x 3) 0.46 0.018 1.9 0.075
(1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed.
(2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of
the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom
side is above the surface plate.
206-8.3 Fasteners.
1. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel “pull-through”
electrogalvanized rivets with 9.5 mm (3/8”) diameter shank, 22 mm (7/8”) diameter head,
and a grip range of from 5 mm (0.200”) to 0.90 mm (0.356”). The fasteners shall conform to
ASTM B-633, Type III.
ADD the following subsection:
206-9 PORTABLE CHANGEABLE MESSAGE SIGN.
206-9.1 General.
1. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power
supply, and a structural support system all mounted on a trailer. The PCMS unit shall be
assembled to form a complete self-contained portable changeable message sign, which can
be delivered to the site of the Work and placed in immediate operation. The complete PCMS
unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to
+70ºC (158ºF) and shall not be affected by unauthorized mobile radio transmissions.
2. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall
be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than
4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location
to location as directed by the Engineer.
206-9.2 Message Board.
1. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall
be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision
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corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7
characters per line. Sign messages to be displayed shall be as approved by the Engineer. The
sign face shall be flat black and shall be protected from glare of the sun by a method which
does not interfere with the clarity of the sign message. The sign shall be raised and lowered
by means of a power driven lifting mechanism. The matrix sign shall be capable of complete
alphanumeric selection.
2. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that
automatically compensates for the influence of a temporary light source or other abnormal
lighting conditions. The sign shall have manual dimming operation modes of 3 or more
different lamp intensities.
3. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night.
4. The controller shall be an all solid-state unit containing all the necessary circuitry for the
storage of at least 5 pre-programmed messages. The controller shall be installed in a location
allowing the operator to perform all functions from 1 position. A keyboard entry system shall
be provided to allow an operator to generate an infinite number of additional messages over
the pre-programmed stored messages. The keyboard shall be equipped with a security
lockout feature to prevent unauthorized use of the controller. The controller shall contain a
nonvolatile memory to hold the keyboard created messages in memory during periods when
the power is not activated. The controller shall provide for a variable message display rate
which allows the operator to match the information display to the speed of the approaching
traffic. The flashing off time shall be operator adjustable within the control cabinet.
206-9.3 Operation and Maintenance.
1. PCMS shall be furnished, placed, operated, and maintained at locations shown on the Plans,
specified in this section, or designated by the Engineer. The PCMS will be diligently
maintained and repaired by the Contractor throughout the Project in accordance with the
manufacturer's recommendations. When ownership is transferred to the Agency (at the end
of the job), it must be demonstrated to be in good working condition, and meet the provisions
of these Specifications, including current registration.
206-9.4 Measurement and Payment.
The Contract unit price PCMS shall include full compensation for furnishing all labor, materials,
tools, equipment and incidentals, and for doing all the Work involved in furnishing, placing,
operating, maintaining, repairing, replacing, transporting from location to location, and delivery
of the signs to the Agency at the completion of the construction, in good working order, and as
directed by the Engineer, and no other compensation will be made.
SECTION 211 – MATERIAL TESTS
211-6 RAP CORRECTION FACTOR.
211-6.1 General.
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DELETE in its entirety and REPLACE with the following:
1. A RAP correction factor must be determined for asphalt concrete mixtures containing greater
than 20 percent RAP. The RAP correction factor shall be determined in accordance with
Caltrans Lab Procedure LP-9 dated May 22, 2006. This factor shall be used in determining the
combined gradation of the virgin aggregates and RAP.
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PART 3 CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEANING AND GRUBBING.
DELETE the following section:
300-1.2 Root Pruning and Tree Trimming.
300-1.3 Measurement.
DELETE in its entirety and REPLACE with the following:
1. Clearing and grubbing, if measured for payment, will be measured by the acre or lump sum.
300-1.4 Payment.
DELETE the second sentence.
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General.
ADD the following:
Unclassified excavation shall include removal and stockpile of suitable material, recompaction,
mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other
utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing,
all cut and fill including removal and recompaction of soil salvaging clean excavated material and
filling areas to the required grades and cross section. Unclassified excavation shall be utilized
onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification
and moisture adjustment and compaction of the top 300 mm (1’) of the subgrade in the roadway
prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant
work, export of remaining excess material to a disposal site or spoil area acquired by the
Contractor and pumping and disposal of storm and ground water.
300-2.2.1 General.
ADD the following to the first paragraph:
Such direction may include, but is not limited to, directing the Contractor to blend, adjust
moisture content of, rework, and place unsuitable soils at specific locations or elevations on the
site.
ADD the following:
Alluvial and colluvial removal and recompaction shall consist of excavating, blending and
recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall
be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined
by the Engineer. If the excavated material contains 4%, or more, water than the optimum
moisture content the Contractor shall blend the wet soil with soils having a lower moisture
content and/or spread the excavated material in a manner that enables the material to dry to
optimum moisture content. The cost of spreading and/or drying shall be included in the contract
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unit price for removal and recompaction. The excavated material shall be placed and compacted
in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement
and Payment, shall not apply.
300-2.9 Payment. Substitute the following: Payment for all unclassified excavation shall be
incidental to the item requiring excavation to depth specified on the plan and/or standard
drawing and no additional compensation will be allowed therefor.
ADD the following subsection:
300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and
subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1’) of the
grades shown on the plans. Subgrade tolerances shall conform to the requirements of section
301-1.4.
300-3 STRUCTURE EXCAVATION AND BACKFILL.
300-3.1 General.
ADD to first paragraph:
Care shall be taken in performing structure excavation of the soldier pile wall lagging in order to
minimize the formation of voids behind the lagging that will need to be backfilled. At end of the
work shift, lagging shall be in place the full height of the exposed excavation face.
300-3.5 Structure Backfill.
300-3.5.1 Requirements.
ADD to First paragraph:
Structure backfill behind the solider pile wall lagging shall be compacted by hand tamping,
mechanical compaction or other measure approved by the engineer. Structure backfill in fill area
behind the lagging shall be keyed into the existing or excavated back slope.
REPLACE: a) Consolidation of structure backfill by jetting will not be permitted.
ADD: A two-sack sand and cement slurry may also be used for structural fill as an alternative to
compacted soil. Samples of the slurry should be fabricated and tested for compressive strength
during construction. A 28-day compressive strength of 100 pounds per square inch (psi) or more
is recommended for the sand and cement slurry. Crushed rock (¾-inch) completely wrapped in
filter fabric (Mirafi 140N or approved equivalent) may also be used as backfill in confined areas.
300-4 UNCLASSIFIED FILL.
300-4.2 Preparation of Placement Areas.
MODIFY second sentence to:
The areas shall then be scarified to a minimum depth of 12 inches, moisture condition to slightly
above optimum moisture content and recompacted to 90 percent of the maximum dry density
as evaluated by ASTM D1557 unless otherwise approved by the Geotechnical Engineer.
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ADD:
In areas of saturated or pumping subgrade, a geogrid such as Tensar BX-1200, Terragrid RX1200
or Mirafi BXG120 (or approved equivalent) may be placed directly on the excavation bottom, and
then covered with at least 12 inches of ¾-inch Aggregate Base (AB). Once the subgrade is firm
enough to attain compaction with the AB, the remainder of the excavation may be backfilled. It
may be necessary to place additional AB to stabilize the subgrade sufficiently to place fill.
Add the following section:
300-12 STORM WATER POLLUTION PREVENTION PLAN.
ADD the following section:
300-13.1 Dewatering.
Dewatering consists of discharging accumulated stormwater, groundwater, or surface water
from excavations or temporary containment facilities. The Contractor shall submit a dewatering
and discharge work plan. All work associated with dewatering shall be performed per this
specification and Section 3-12.6.4 of the latest version of SSPWC.
Submittals:
1. Submit a dewatering plan and related supporting information detailing proposed plan and
methodology of dewatering, treatment, and disposal of accumulated water.
a. Dewatering plan shall include proposed dewatering system layout and manufacturer cut
sheets for equipment necessary to perform dewatering.
b. Identify the location, type and size of dewatering devices and related equipment, the size
and type of materials composing the collection system, the size and type of equipment to
be used to retain and treat accumulated water, and the proposed disposal locations.
2. Submit copies of permits from jurisdictions governing disposal of the groundwater.
Dewatering, treatment and disposal of water shall be performed in conformance with the
following requirements:
1. Conduct dewatering activities under the Caltrans's Field Guide for Construction Site
Dewatering.
2. Discharge from dewatering activities shall not cause erosion, scour, or sedimentary deposits
that could impact natural bedding materials.
3. Discharge from dewatering activities shall only be used within the project limits as dust
control. Excess discharge that is not used for dust control shall be disposed of by the
Contractor in accordance with the Order R9-2015-0013 NPDES NO. CAG919003 or Order WQ
2022-0057-DWQ NPDES No. CA000002 if applicable.
4. Discharge from dewatering activities that has an odor, discoloration other than sediment, an
oily sheen, or foam on the surface shall not be used for dust control and shall be disposed of
by the Contractor. The Contractor shall notify the Engineer immediately upon discovering any
such condition.
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Subsurface exploration performed for the project on March 16, 2017, by Group Delta 9245
Activity Road, Suite 103, San Diego, California 92126; Phone: 858-536-1000. These investigations
are provided for reference and information and are presented in the following reports:
Report of Geotechnical Investigation
Park Drive Street and Drainage Improvements
Carlsbad, California
Dated June 1, 2020
Geotechnical Recommendations
Park Drive Street and Drainage Improvements
Carlsbad, California
Dated June 30, 2021
By submitting a bid, the bidder is deemed to have examined the above referenced reports, and
is familiar with the findings, recommendations, and conclusions contained therein, and has
included with bid all costs associated with groundwater control and dewatering, special remedial
earthwork and excavation requirements, and of fill and compaction requirements. It shall be
assumed that construction shall be performed in wet conditions that require dewatering. It shall
be the responsibility of the Contractor to make provisions for soil conditions that differ from
those reported in the soils report referenced above.
300-13.2 Payment. The contract lump sum price paid for the dewatering work shall include full
compensation for the dewatering workplan and for furnishing all labor, materials, tools,
equipment, and incidentals to permit, install, implement, maintain and remove the dewatering
operation.
Partial payment shall be based on the percentage the total value of work completed.
SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND
PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION.
301-1.2 Preparation of Subgrade.
MODIFY the second and third paragraphs as follows:
Change each instance reading “6 inches (150mm)” to “12 inches (300 mm)”.
ADD the following:
For new/replaced sidewalk or flatwork areas, provide a minimum of 2 feet of subgrade soil with
an Expansion Index (EI) of 50 or less as follows. Excavate 12 inches of soil below the sidewalk
subgrade elevation. Excavated material can be reused if the EI is less than 50. If clayey soils with
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an EI above 50 is encountered below the initial 12 inch excavation, an additional foot of expansive
material should be excavated and replaced with low expansion potential granular material
(EI<50). The subgrade soil should then be brought to slightly above optimum moisture content
and compacted to at least 90% of the maximum dry density determined using ASTM D1557.
Expansive clay may be encountered. Where expansive clay is encountered at the bottom of the
resultant removal surface during subgrade preparation, stabilization shall be performed in
accordance with Section 300-4.2 Subgrade compaction should be conducted immediately prior
to placing base or concrete.
301-1.3 Relative Compaction.
DELETE the first paragraph and substitute the following:
The Contractor shall compact the upper 12” (300 mm) of subgrade beneath areas to be paved,
have base or subbase material placed on them (including pipelines), or curb, gutter, curb and
gutter, alley pavement, driveway, sidewalk constructed over them, to no less than 95 percent
maximum dry density as determined by ASTM test D-1557-12.
301-1.7 Payment.
MODIFY the first paragraph as follows: Payment for subgrade preparation shall be incidental to
the contract bid price for which the subgrade is prepared and shall include all labor, materials;
including water, operations and equipment to scarify, adjust moisture, compact or recompact
the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed.
SECTION 302 - ROADWAY SURFACING
ADD the following Section:
302-1 GENERAL.
302-1.1 Vegetation Treatment.
1. The Contractor shall treat all vegetation within the limits of the paved area to be surfaced
with an herbicide that complies with the City’s Integrated Pest Management program.
Herbicide shall be applied at least 2 Working Days prior to surfacing the street. Allowance for
the 2-day period shall be shown in the schedule required per section 6-1. Payment for
pavement surfacing shall include tree trimming and herbicide treatment of the areas to be
surfaced and no extra payment will be made for tree trimming and herbicide treatment.
302-1.2 Coordination.
1. The Contractor shall schedule the Work so as to prevent damage by all traffic. The Contractor
shall not schedule Work so as to conflict with trash pickup. The trash hauling schedule can be
obtained by calling Republic Services at (760) 332-6464. At least 2 weeks prior to Work,
Contractor shall send, by first class mail, notification letters to all property addresses within
500-feet of the Work. Obtaining the appropriate addresses shall be the Contractor’s
responsibility. A sample letter may be provided by the Agency to be used as an example. The
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letter should provide the name of the Contractor and a 24-hour phone number for residents
to call if they have any issues or questions.
2. During operations, the Contractor’s schedule for resurfacing shall be designed to provide
residents and business owners sufficient paved parking within an 800-foot distance from their
homes or businesses.
3. 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 impending 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.
4. The Contractor shall deliver the notification which shall state the date and time the Work will
begin and its anticipated duration. The notification shall list 2 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 a
representative of the Contractor who is knowledgeable about the Project. At least 1 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
construction. The Contractor shall submit the contents of the notification to the Engineer for
approval. Notices shall not be distributed until approved by the Engineer.
5. For door hangers, 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.
The precut notices shall be as shown on the example provided by the communications
department. The day of the week shall be circled and appropriate information specific to the
Work inserted at the locations indicated in the italicized font.
6. The preparation, materials, printing, delivery and distribution of the letters, door hangers and
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.
302-5 ASPHALT CONCRETE PAVEMENT.
ADD the following:
302-5.8 Manholes and Other Structures.
1. When placing the overlay, the Contractor shall pave over appurtenances in the roadway
which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead
end boxes and survey monument boxes. Each appurtenance shall be treated or covered to
prevent adhesion of the overlay. Each appurtenance shall be located immediately after the
overlay is placed and shall be thoroughly cleaned of any and all construction debris which
may have entered due to the Contractor’s operation. The Contractor shall adjust all CMWD
water valve boxes per CMWD Standard Drawing No. W23. All City of Carlsbad sanitary sewer
access covers shall be adjusted per CMWD Drawing No. S1, S-4, or S-6. All storm sewer access
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covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the
adjustment of these appurtenances.
2. Raising and adjusting to grade all City-owned or CMWD-owned appurtenances in the
roadway shall be paid for at the Contract Unit Price per each as shown in the Bid. Such price
shall constitute full compensation for all labor, materials, and equipment necessary for
completing the Work as described in these Specifications and Plans. Other agencies will be
responsible for their own appurtenances.
302-8 SEALCOAT FOR MISCELLANEOUS AREAS.
302-8.2.1 General.
DELETE the second paragraph and REPLACE with the following:
1. Sealcoat material shall be diluted using clean, potable water in an amount not to exceed 20
percent of the total volume.
302-8.2.2. Spreading.
DELETE the first paragraph and REPLACE with the following:
1. Sealcoat shall be applied when the atmospheric temperature is greater than 55°F (13°C) and
if rain is not forecast for the period of 24 hours after application; or as specified by the
Engineer.
SECTION 303 CONCRETE AND MASONRY CONSTRUCTION
303-1 CONCRETE STRUCTURES
303-1.2 Subgrade for Concrete Structures.
ADD the following:
If groundwater is encountered, Contractor shall work a minimum 2’ deep of ¾” gravel into soil
to provide an adequate base for construction of concrete structure.
303-1.12 Payment.
DELETE the subsection in its entirety and replace with the following:
Payment for concrete structures, including but not limited to, pull boxes, thrust blocks, SDRSD D-
25 Curb Outlet, light and signal post foundations as shown on SDRSD E-1, SDRSD D-2 Curb Inlet,
D-75 ditch repair for 4” PVC storm drain connection, and protection post per SDRSD CDS W24 are
incidental to the respective bid item requiring such structure. Payment shall include
compensation for furnishing all labor, materials, tools, and equipment necessary to construct the
concrete structures complete in place. Items shall include cast-in-place PCC, steel reinforcement,
covers, rims, grates, frames, collars, cone and draft sections, bases, steps, clean up; and for all
other work necessary to install the concrete structure, complete in place, and no additional
compensation will be allowed therefor.
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303-2 AIR-PLACED CONCRETE.
303-2.1.1 General.
ADD the following:
Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 6” x 6” (150mm
x 150mm) by No. 10 by No. 10 welded wire mesh.
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS
RAMPS, AND DRIVEWAYS.
303-5.1.1 General.
ADD the following:
Portland Cement Concrete construction shall include, but not limited to, curbs, walkways, cross
gutters, access ramps, driveways, concrete curb outlet, terrace ditches, and all other
miscellaneous PCC construction items as indicated on the plans and per these Specifications.
6” Curb and Gutter shall conform to the standard referenced on the plan (I.E: CALTRANS A82A),
the details on the plans, and these specifications. Adjacent AC/AB removal associated with
concrete curb construction shall be full depth AC replacement and a minimum width of one foot
from the face of concrete edge. Removal of AC shall be incidental to Section 401-1 Removals.
Replacement of AC shall be considered incidental to this Section and conform to the
requirements of Sections 203-6 and 302-5.
The Contractor shall verify with a “smart level”, string line and/or water testing that positive
drainage is maintained upon completion of finishing, and any irregularities causing water ponding
shall be corrected and refinished. The CITY shall be present to verify the concrete forms, prior to
pouring any PCC construction improvements.
303-5.5.2 Curb.
ADD the following:
The Contractor shall stamp the curb face with 75 mm (3”) high block letters directly above the
point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A).
TABLE 303-5.5.2(A)
Curb Face Markings
Type of underground facilities Marking
Water Service Lateral W
Sewer Service Lateral S
Irrigation Water Lateral or Sleeve RW
303-5.9 Measurement and Payment.
ADD the following:
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Curb and gutter, and curb, shall be considered as continuing across driveways, access ramps and
drainage inlets when constructed adjacent thereto. Neither curb and gutter nor curb will be paid
for across the length of local depressions, except that which occurs in gutter transitions at each
side of an inlet.
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS,
AND PAVEMENT MARKERS
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.
314-2.1 General.
DELETE in its entirety and REPLACE with the following:
1. The Contractor shall remove by wet grinding all existing or temporary traffic markings and
lines that may confuse the public. When temporary detour striping or markings are no longer
required, they shall be removed prior to painting the new traffic stripes or markings.
2. The Contractor shall remove all existing markings and striping, either permanent or
temporary, which are to be abandoned, obliterated or that conflict with the Plans by wet
grinding methods. Removal of striping by high velocity water jet may be permitted when
there is neither potential of the water and detritus from the high velocity water jetting to
damage vehicles or private property nor to flow from the street into any storm drain or water
course and when approved by the Engineer.
3. The Contractor shall vacuum all water and detritus resulting from high velocity water jet
striping removal from the pavement immediately after the water jetting and shall not allow
such materials to flow in the gutter, enter the storm drain system or to leave the pavement
surface. Surface variation limitations for high velocity water jet striping removal shall be the
same as for grinding.
4. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint
removal require prior approval of the Engineer. Obliteration of traffic striping with black
paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10’)
thick asphalt concrete overlay is not permitted.
314-2.2 and 314-2.3
REPLACE as follows:
314-2.2 Measurement and Payment.
1. Removal of traffic striping and curb and pavement markings as shown on the Plans and
required by the Specifications shall be included in the lump-sum price Bid for temporary and
final traffic striping, and no additional compensation will be allowed, therefore. Reapplication
of temporary stripes and markings shall be repainted at the Contractor's expense, and no
additional compensation will be allowed for the repainting. The lump sum Bid shall include
all labor, tools, equipment, materials, and incidentals for doing all Work in installing the final
and temporary traffic striping.
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314-3 REMOVAL OF PAVEMENT MARKERS.
314-3.2 and 314-3.3
Replace as follows:
314-3.2 Measurement and Payment.
1. Removal of pavement markers as shown on the Plans and required by the Specifications shall
be included in the lump-sum price Bid for temporary and final traffic striping, and no
additional compensation will be allowed, therefore. Reapplication of temporary stripes and
markings shall be repainted at the Contractor's expense, and no additional compensation will
be allowed for the repainting. The lump sum Bid shall include all labor, tools, equipment,
materials, and incidentals for doing all Work in installing the final and temporary traffic
striping.
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.
314-4.3.6 and 314-4.3.7
Replace as follows:
314-4.3.6 Measurement and Payment.
1. Final and temporary traffic striping, curb markings and pavement markings as shown on the
Plans and required by the Specifications shall be included in the lump-sum price Bid for
temporary and final traffic striping, and no additional compensation will be allowed,
therefore. Reapplication of temporary stripes and markings shall be repainted at the
Contractor's expense, and no additional compensation will be allowed for the repainting. The
lump sum Bid shall include all labor, tools, equipment, materials, and incidentals for doing all
Work in installing the final and temporary traffic striping.
314-4.4.5 and 314-4.4.6
Replace as follows:
314-4.4.5 Measurement and Payment.
1. Thermoplastic traffic striping and pavement markings as shown on the Plans and required by
the Specifications shall be included in the lump-sum price Bid for temporary and final traffic
striping, and no additional compensation will be allowed, therefore. Reapplication of
temporary stripes and markings shall be repainted at the Contractor's expense, and no
additional compensation will be allowed for the repainting. The lump sum Bid shall include
all labor, tools, equipment, materials, and incidentals for doing all Work in installing the final
and temporary traffic striping.
314-5 PAVEMENT MARKERS.
314-5.6 and 314-5.7
Replace as follows:
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314-5.6 Measurement and Payment
1. Pavement markers as shown on the Plans and required by the Specifications shall be included
in the lump-sum price Bid for temporary and final traffic striping, and no additional
compensation will be allowed, therefore. Reapplication of temporary stripes and markings
shall be repainted at the Contractor's expense, and no additional compensation will be
allowed for the repainting. The lump sum Bid shall include all labor, tools, equipment,
materials, and incidentals for doing all Work in installing the final and temporary traffic
striping.
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PART 4 EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-2 PERMANENT SURVEY MARKERS.
ADD the following:
1. The Contractor shall not cover or disturb permanent survey monuments or benchmarks
without the consent of the Engineer. Where the Engineer concurs, in writing, with the
Contractor that protecting an existing monument in place is impractical, the Contractor shall
employ a licensed land surveyor or a registered civil engineer authorized to practice land
surveying within the State of California (“Surveyor”) to establish the location of the
monument before it is disturbed. The Contractor shall have the monument replaced by the
Surveyor no later than 30 Calendar Days after construction at the site of the replacement is
completed. The Surveyor shall file corner record(s) as required by Business and Professions
Code Sections 8772 and 8773 et seq.
2. When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame
and cover to the new grade within 7 Calendar Days of paving unless the Engineer shall
approve otherwise. Monument frames and covers shall be protected during street sealing or
painting projects or be cleaned to the satisfaction of the Engineer.
SECTION 401 – REMOVAL
401-2 ASPHALT CONCRETE PAVEMENT.
DELETE in its entirety and REPLACE with the following:
1. Asphalt concrete pavement shall be removed to clean, straight lines. Removal performed by
cold milling shall conform to 404. Adjacent AC/AB sawcut and removal associated with
concrete construction shall be full depth and a minimum width of 12 inches from face of
concrete edge and continue along the concrete scheduled for removal. Removal and disposal
of adjoining AC/AB section shall be incidental to the removal of concrete structure Bid item
per this Section. Replacement of adjoining AC/AB section shall be incidental to replacement
of the concrete.
401-3 CONCRETE AND MASONRY IMPROVEMENTS.
401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway and Alley
Intersections.
DELETE in its entirety and REPLACE with the following:
1. Concrete shall be removed to neatly sawed edges with saw cuts made through the entire
thickness. Concrete sidewalk or driveway to be removed shall be neatly sawed in straight
lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section
to be replaced shall be smaller than 30 inches (750 mm) in either length or width.
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All existing concrete shall be removed to the nearest joint. Concrete shall be removed to
neatly sawed edges with saw cuts made to a depth deep enough to produce a clean straight
break without loosening, cracking or damaging adjoining improvements. Curb and gutter
shall be sawed on a neat line at right angles to the curb face. PCC and all other material
unsuitable for use as fill, as determined by the Engineer, shall be removed from the right-of-
way and disposed of by the Contractor at a site of his own choice and shall pay all costs
incidental to the disposal.
ADD the following:
401-3.2.1 Adjacent Asphalt Concrete (AC/AB) Sawcut and Removal.
1. Adjacent AC/AB sawcut and removal associated with concrete construction shall be full depth
and a minimum width of 12 inches from face of concrete edge and continue along the
concrete scheduled for removal. Removal and disposal of adjoining AC/AB section shall be
incidental to the removal of concrete structure Bid item per this Section. Replacement of
adjoining AC/AB section shall be incidental to replacement of the concrete as specified in
Section 303-5.
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PART 6 TEMPORARY TRAFFIC CONTROL
SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION
AND MAINTENANCE WORK ZONES
601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP).
601-2.2 Payment.
REPLACE this section with the following:
The Contract lump sum price paid for the traffic control system shall include full compensation
for, but not limited to, design, submittal and approval of the traffic control plan, furnishing all
labor (including flagging costs), materials (including construction area signs), tools, equipment,
traffic control plans for the project, and incidentals, and for doing all the work involved in placing,
removing, storing, maintaining, moving to new locations, replacing and disposing of the
components of the traffic control including channelizers (surface mounted), temporary railing
(Type K) markers, lights for illuminating the work site, delineators, temporary striping and
pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable
changeable message signs, as shown on the Plans, these contract documents, and as directed by
the Engineer.
The traffic control plan shall include, at a minimum, one portable changeable message sign
positioned on both eastbound and westbound approaches to the work area.
Full compensation for removing and salvaging the traffic control equipment and materials that
are to be reused or reset in the project shall be considered included in the Contract lump sum
price paid for traffic control system and no additional compensation will be allowed therefor.
Partial payment for traffic control shall be based on the percentage of total value of work
completed.
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PART 8 LANDSCAPING AND IRRIGATION
SECTION 801 – INSTALLATION
801-1 GENERAL.
ADD the following:
The Contractor shall maintain all landscape and private property surrounding the construction to
the greatest extent possible. Any landscape, plants, walls, or steps stones disturbed shall be
restored to pre-construction condition.
The Contractor shall hold a valid California Landscape Contractors License, Class C-27, and shall
provide a project foreman who has previously overseen successful public landscape projects of
at least 5 acres in size in Southern California, including native revegetation.
Contractor shall attend a pre-construction meeting with the City and the City’s designated
representative before the start of work.
At all times planting, seeding, irrigation system, and associated landscape treatments shall be
installed as prescribed and detailed on the Drawings; these prescriptions shall take precedence
over those specified herein or in the Standard Specifications for Public Works Construction latest
Edition (Greenbook).
Contractor shall protect in place all existing native plant materials adjacent to the limits of work
and newly planted material. Contractor shall be responsible for all costs associated with the
replacement of damaged existing native plant material (at a 5:1 replacement ratio) or newly
planted material at a 1:1 replacement ratio.
Where it is necessary to excavate adjacent to existing vegetation, use all possible care to avoid
injury to trees and shrubs and tree/shrub roots. Excavation in areas where 2-inch and larger roots
occur shall be done by hand. Roots 2 inches and larger in diameter, except directly in the path of
pipe or conduit, shall be tunneled under and shall be heavily wrapped in burlap, to prevent
scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller
than 2 inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed,
make clean cuts through. Roots 1-inch and larger in diameter shall be painted with coats of Tree
Seal, or equal. Trenches adjacent to trees should be closed within 24 hours. Where this is not
possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas.
801-2 EARTHWORK AND TOPSOIL PLACEMENT.
801-2.2 Topsoil Preparation and Conditioning.
801-2.2.1 General.
INSERT the following before the first paragraph:
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During weed abatement procedures, the Contractor is responsible for the erection of all signs
and barriers required to prevent intrusion into the treated areas and to notify the public. No
material or methods used for weed abatement shall affect existing vegetation to
remain/protected, the landscape plantings, or hydroseed germination. No material or method
shall render the job site unusable for more than 10 calendar days from date of application.
Before spreading soil amendments and installation of irrigation systems, cross-rip or otherwise
till to a depth of 6” all planting areas to receive soil preparation. All rock 1” and larger shall be
removed to a depth of 12”. Dispose of all debris off-site according to State and local regulations.
To all planting areas, uniformly broadcast soil amendments and thoroughly incorporate to
minimum 6” depth by means of a rototiller or equal.
Rough grade has been left within one tenth of one foot of finish grade. Work such as fine grading
and light cultivation are required of all planting areas indicated on the Drawings to prepare
grades before seed or stolon planting. After approximate finished grades have been established,
all soil areas shall be lightly compacted and settled by application of heavy irrigation to a
minimum depth of 6”. Contractor shall monitor the irrigation and shall adjust the irrigation run
time to assure no erosion occurs.
All landscape areas will be graded to finish grades by the landscape contractor, reestablishing
flow lines as approved before amending the soil. Finish grades will be inspected upon
completion.
All existing weeds and debris within the designated planting areas are to be completely removed
and removal work shall be approved by the City’s designated representative before amending
site soils. Prior to the application of soil amendments the Contractor shall implement a “grow
and kill” cycle over an approximate three week period, utilizing the irrigation system to promote
germination of any remnant weed and/or exotic non-native plant species. The contractor shall
kill/control all re-emergent weeds and exotic species through hand removal and/or through
herbicide use. Only herbicides approved for use within the City of Carlsbad can be utilized. See
City of Carlsbad Integrated Pest Management Plan (IPM).
The Contractor will not proceed with planting work until the grow and kill cycles have been
completed and finish grades have been inspected and accepted by the City.
801-2.2.2 Fertilizing and Conditioning Procedures.
INSERT before the first paragraph:
Soil preparation shall be conducted after finish grades are established and after the “grow and
kill” cycle has been completed.
Soil amendments for the planting areas are as specified herein in Section 800-1.2 and as shown
on the Drawings. Soil amending shall be conducted before implementation of planting and
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seeding. All existing weeds and debris are to be completely removed and removal work approved
by the City’s designated representative before amending site soils.
801-2.3 Finish Grading.
ADD the following to the end of the section:
After the foregoing specified deep watering (Section 801-2.2.2), minor modifications to grade
may be required to establish the final grade for planting. These areas shall not be worked on until
the moisture content has been reduced to a point where working it will not destroy soil structure.
Finished grading shall ensure proper drainage of the site. Finished earth berm surfaces shall be
smooth and even between contours. Surface drainage shall be away from all paved surfaces.
Eliminate all erosion scars.
The Contractor shall request a review by the City for recommended approval of the final grades
and elevations before beginning planting operations.
801-4 PLANTING.
801-4.1 General.
ADD the following to the end of the section:
Plants shall not be allowed to dry out before or during installation. Contractor shall keep exposed
roots moist by means of wet saw dust, peat moss, or burlap at all times during planting
operations. Roots shall not be exposed to air except when being placed in ground. Wilted plants,
improperly located or installed, whether in place or not, shall not be accepted and shall be
replaced at the Contractor's expense. Contractor shall be responsible for watering all container
plants on site while being stored before planting.
No area shall be planted where weeds and/or exotic species are present or there is evidence that
a weed crop will germinate.
Before excavation of planting pits or placing of plant materials, the Contractor shall locate all
existing underground utility lines and irrigation lines and take proper precautions to avoid
damage to such improvements. In the event of a conflict between such lines and plant locations,
notify the City who shall arrange for the relocation of one or the other. The Contractor assumes
responsibility for expenses incurred for all repairs of damage to utility lines and existing irrigation
lines resulting from inadequate precautions by Contractor.
Actual planting shall be performed during those periods when weather and soil conditions are
suitable in accordance with locally accepted horticultural practice, and/or as approved by the
City’s designated representative. Seeding shall be conducted when wind and temperature are
normal for season in which work is done. In cases of unseasonable weather, work shall be delayed
until weather returns to normal.
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All excavated holes shall have vertical sides with roughened surfaces and shall be twice the
diameter of the root ball. Holes shall be, in all cases, large enough to permit handling and planting
without injury or breakage of root balls or roots. After holes have been dug, they are to be filled
with water and allowed to drain.
Excess soil, rocks, and debris generated from the planting holes shall be spread evenly on the site
as directed by the City and the City’s designated representative.
Contractor shall protect in-place all existing native plant materials outside of the limits of work
and/or as otherwise directed by the City’s designated representative.
Plants shall be installed at approved locations with specified existing on-site soil, unless otherwise
directed by the City’s designated representative. The plants shall be placed in the planting pits
on the backfill soil which has been hand tamped only. Fill plant pits with water and allow to
completely drain before the placement of the plants. After setting the plants, the remaining
backfill materials shall be carefully tamped and water settled around each rootball to fill all voids.
Plantings will receive amendments as specified herein.
Each container plant shall be placed in the center of the hole, set plumb and held rigidly in
position until the backfill soil has been tamped and water settled around each root ball.
All plants shall be set at such a level that after settling they bear the same relationship to the
surrounding finish grade as they bore to the soil line grade in the container (approximately 1-inch
above finish grade at time of planting).
Immediately after installation, Contractor shall water, by hose or irrigation, each plant until soil
around roots is moist from bottom of hole to finish grade.
Install weed-free bark mulch layer to a uniform 3" depth, in an 18" diameter area around base of
each container. Hold back mulch 3" from plant trunks.
Throughout the Plant Establishment Period, Contractor shall provide water to each container
plant using the prescribed irrigation systems, and as directed by the City’s designated
representative.
Contractor shall remove from the project site all non-native debris accumulated during the
duration of the project and shall dispose of material at County landfill or a site approved by the
City.
801-4.2 Protection and Storage.
ADD the following after the first paragraph:
Deliver all items to the job site in their original containers with all labels intact and legible at time
of the City’s review. Immediately remove from the site all plants which are not true to name, and
all materials which do not comply with the specified requirements. Use all means necessary to
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protect plant materials before, during, and after installation and to protect the work and
materials of all other trades. In the event of damage, immediately make all repairs and
replacements necessary to the recommended approval of the City and at no additional cost to
the City.
801-4.3 Layout and Plant Location.
ADD the following after the first paragraph:
The layout of locations for plant materials shall be flagged in the field by the Contractor and
approved by the City’s designated representative before plant installation. All container plants
shall, if necessary, be re-located as part of contract as directed by the City’s designated
representative.
801-4.9 Erosion Control Planting.
801-4.9.3 Seeding and Mulching.
REPLACE with the following:
Seed application shall occur between October through February, or as otherwise directed by the
City’s designated representative. Seed shall be installed using machine hydroseed methods as
indicated on the Drawings.
a) Contractor shall protect in place all existing native plant materials adjacent to the limits
of work and newly planted material. Contractor shall be responsible for all costs
associated with the replacement of damaged existing native plant material (at a 5:1
replacement ratio) or newly planted material at a 1:1 replacement ratio.
b) Before seed application, soil surface shall be tilled and/or hand raked to create crevices
in which seed will collect.
c) No area located within a planting area shall be seeded where weeds are present or there
is evidence that a weed crop will germinate. All weeds shall be removed before seeding,
as specified herein.
d) Any concentrated development of weed growth appearing in the seed mix planting areas
during the Plant Establishment Period shall be removed on a monthly basis. The
Contractor shall remove such concentrations of weeds by hand.
e) Seed mix shall consist of a mixture of seed and slurry components as prescribed on the
Drawings and herein.
801-4.9.5 Watering.
ADD the following to the end of the section:
Immediately after planting, apply water to each shrub by means of a hose. Apply water in a
moderate stream in the planting hole until the material about the roots is completely saturated
from the bottom of the hole to the top of the ground.
Apply water in sufficient quantities and as often as seasonal conditions require in order to keep
the planted areas sufficiently moist at all times, well below the root system of grass and plants.
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All groundcover areas shall be maintained damp at all times and irrigation should be adjusted
accordingly. This normally would involve 4 to 6 watering periods daily, each watering period (ON)
regulated to just dampen the mulch without creating run-off.
Intervals between irrigation (OFF) sequence should be judged by the length of the time the mulch
remains damp. Once the mulch begins to dry out, the water (ON) sequence should be repeated.
ADD the following section:
801-4.10 Planting Observations. The Contractor will contact the City’s designated representative
at least two Working Days in advance of each planting work observation. An observation is
required at each of the following steps listed below:
a) Observation of all materials, other than plants, delivered to site.
b) Observation of rough grade.
c) Acceptance of organic mulch and taking of soil samples.
d) Observation of soil amendment work.
e) Observation of plant locations field-marked for planting, but before planting holes are
excavated.
f) Observation of plants at nursery and upon delivery to the project site for quality, size,
vigor, and appropriate species.
g) Observation of planting progress.
h) Pre-Maintenance Observation: Substantial completion of hardscape and planting work
before the start of the Plant Establishment Period; this observation shall be coordinated
with the pre-maintenance observation of the irrigation system installation. This is not final
acceptance and does not relieve the Contractor from any of the responsibilities in the
contract.
A written "punch-list" indicating all items to be corrected and the beginning date of the
maintenance period will be sent to the Contractor. This is not final acceptance and does not relieve
the Contractor from any of the responsibilities in the contract. Contractor shall complete punch-
list items within ten (10) calendar days. Delay of completion of punch-list items will delay the
beginning of the 120-day Plant Establishment Period. Written approval by City will establish the
beginning of the Plant Establishment Period.
Refer to section 801-5.8 for the required irrigation system observations.
Refer to section 801-6.13 for project Final Acceptance requirements and procedures.
801-5 IRRIGATION SYSTEM INSTALLATION.
801-5.1 General.
ADD the following to end of the first paragraph:
All scaled plan dimensions are approximate. Check and verify all size dimensions, system design
pressures, flow requirements as shown on Drawings.
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REPLACE the second paragraph with the following:
Contractor shall connect to existing water services at locations indicated on the Drawings and
make any minor changes in location necessary due to actual site conditions as a part of this
Contract.
ADD the following to the end of the section:
The City of Carlsbad shall provide the water meter for the irrigation system in the size and
location as specified. The contractor shall tie into the water meter at the designated “Point of
Connection” and shall install applicable backflow protection as shown on the Drawings.
Contractor shall guarantee all equipment, materials, and labor furnished or performed under the
contract against defects in design, materials, and workmanship for a period of one year, unless
otherwise specified. The guarantee shall start from the date of final acceptance of work at the
end of the 120-day plant establishment period. All equipment and workmanship found to be
defective within the guarantee period shall be replaced and installed by the Contractor at
Contractor's expense. Replacement equipment shall be the same model and manufacturer as
specific in the irrigation legend. Replacement equipment shall be furnished and installed as
originally specified.
Manufacturer’s directions and detailed drawings shall be followed in all cases where the
manufacturer’s furnishings are used in this Contract for furnish directions covering points not
shown in the drawings and specifications. Work called for on the drawings by notes or details
shall be furnished and installed whether or not specifically mentioned in the specifications.
The Contractor shall not install the irrigation system as shown on the drawings when it is obvious
in the field that obstructions, grade differences or discrepancies in equipment usage or area
dimensions exist that might not have been considered in the design. Carefully check all grades to
be sure that installation may safely proceed before starting work on the irrigation system. Such
obstructions or differences shall be brought to the attention of the City’s designated
representative. In the event this notification is not performed, the Contractor shall assume full
responsibility for any revision necessary at no cost to the City.
Before excavation for irrigation piping or equipment, Contractor shall locate underground utility
lines and existing irrigation lines and take proper precautions to avoid damage to such
improvements. In the event of a conflict between such lines and irrigation piping or equipment
locations, Contractor shall notify the City's representative and arrangements will be made for
relocation as necessary. The Contractor assumes responsibility for making repairs for damages
resulting from work as herein specified. Exercise extreme care in excavating and working near
existing utilities. Contractor will be responsible for damages to utilities which are caused by
his/her operations or neglect.
Contractor shall examine surfaces for conditions that will adversely affect execution,
permanence and quality of work. Contractor shall verify that grading has been completed and
the work of this section can properly proceed. Contractor shall exercise extreme care in
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excavating and working near existing utilities. Contractor is responsible for damages to utilities
which are caused by his operations or neglect. Check existing utility drawings for locations.
All existing plant material to remain, which are within the project area limits shall be tagged and
identified by the City’s designated representative for the Contractor before start of work.
Contractor shall provide the required maintenance to ensure plant materials are protected
during construction. All native vegetation outside of the revegetation area limits shall be
protected-in-place. All existing plant material shall be protected at all times from damage by
workers and equipment. All minor damages to existing plant materials shall be repaired at the
Contractor's expense.
Damage to a tree or shrub, which results in death or permanent disfiguration, shall result in the
Contractor's complete removal of said tree or shrub, including roots, from the site. The
Contractor shall replace the plant material as established by the City’s designated representative
with one of equal value at his/her own expense. The City’s designated representative shall be the
sole judge of the replacement of any plant material.
Before installation, stake out all pressure supply lines, non-pressure lateral lines, valves, and
location of sprinkler heads; said layout shall be approved by the City’s designated representative
before installation.
Install select and temporary irrigation components above grade at locations indicated and as
prescribed and detailed on the Drawings.
801-5.2 Irrigation Pipeline Installation.
801-5.2.1 General.
REPLACE the fourth paragraph with the following:
Plastic pipe and threaded fittings shall be assembled using Teflon tape applied to male threads
only. Tape all open ends of pipe during installation to prevent entry of any foreign matter into
the system.
ADD the following section:
801-5.8 Irrigation System Observations. Contractor shall request site observations at least 48
hours in advance of all required reviews of the City’s designated representative. In the event the
Contractor calls for a site visit in which said visit cannot move forward due to lack of preparedness
by the Contractor, and needs to get canceled or rescheduled, the Contractor shall be responsible
for reimbursing the City’s designated representative at his current billing rates per hour, portal
to portal (plus transportation costs), for the inconvenience. No further site visits will be scheduled
until this charge has been paid and received. Observation of the work shall not relieve the
Contractor of the obligation to fulfill all conditions of the contract, nor requirements of the local
jurisdictions.
Project review for irrigation installation by the City’s designated representative shall be
scheduled for the following operations:
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a) Layout of the water source point of connection and all main line and lateral line piping.
b) Completion of layout of irrigation systems.
c) Main Line Pressure Testing: At completion of installation, during testing, and before
backfilling.
d) Four (4) hour pressure test of all irrigation main lines, valves and other pressurized
components.
e) Inspection of wires before trench backfill and/or during irrigation installation.
f) Operation and Adjustment Test: Adjust and test all installed irrigation rotor, spray,
and bubbler systems for coverage and water application before the start of planting
operations.
g) Pre-Maintenance Observation: The entire irrigation system shall be completely
installed and operational; this observation shall be coordinated with the pre-
maintenance observation of the planting installation before the start of the Plant
Establishment Period. This is not final acceptance and does not relieve the Contractor
from any of the responsibilities in the contract.
A written "punch-list" indicating all items to be corrected and the beginning date of the
maintenance period will be sent to the Contractor. This is not final acceptance and does not
relieve the Contractor from any of the responsibilities in the contract. Contractor shall complete
punch-list items within ten (10) calendar days. Delay of completion of punch-list items will delay
the beginning of the 120-day Plant Establishment Period. Written approval by City will establish
the beginning of the Plant Establishment Period. During the Plant Establishment Period,
Contractor shall schedule site observation visits with the City’s designated representative
monthly.
Contractor shall provide “walkie-talkie” equipment and/or personnel to maintain communication
from review area to automatic controllers and provide up-to-date as-built drawings at each
review. In the event the Contractor schedules any review and the system is not fully ready, record
drawings are not current, or required corrective work has not been completed, the Contractor
shall be responsible for reimbursing the City’s designated representative at an hourly rate, plus
all travel expenses. No further reviews will be conducted until this charge is paid.
Refer to section 801-4.10 for the required planting observations.
Refer to section 801-6.13 for project Final Acceptance requirements and procedures.
801-6 MAINTENANCE AND PLANT ESTABLISHMENT.
INSERT the following after the first paragraph:
Upon substantial completion of all specified installation work and with written approval from the
City’s designated representative, Plant Establishment Period shall begin, and shall extend for no
less than 120 continuous calendar days. The Contractor shall perform all maintenance services
described herein for the duration of the Plant Establishment Period.
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During the Plant Establishment Period, Contractor shall schedule monthly site observation visits
with the City’s designated representative. If necessary, the Plant Establishment Period shall be
extended when, in the opinion of the City’s designated representative, improper maintenance
and/or possible poor or unhealthy condition of planted materials are evident at the termination
of the scheduled Plant Establishment Period. Contractor shall be responsible for additional
project site maintenance at no charge until all of the work is completed and acceptable to the
City’s designated representative.
INSERT the following subsections:
801-6.1 Planting Maintenance Operations. The Contractor shall continuously maintain all
involved planting areas of the Contract during the progress of work and during the Plant
Establishment Period, until final acceptance of work by the City’s designated representative.
a) Planting maintenance operations shall begin immediately after all plant/seed materials
are installed per the approval of the City’s designated representative. Plant material shall
be kept in a healthy, optimum growing condition. Plants shall not be pruned or fertilized
during the Plant Establishment Period. Pesticides and herbicides shall not be used during
the maintenance period unless approved and/or directed by the City and the City’s
designated representative.
b) Weedy, non-native species, as defined by the City’s designated representative, may
invade planting areas and become a problem before or during the establishment of native
plant associations. Throughout the maintenance period, these species should be hand
removed as soon as they begin to invade and before they become too large for hand
extraction.
c) All damage caused by Contractor during the operations, resulting from a malfunction of
installed work during the Guarantee Period, shall be repaired at Contractor's expense.
d) Maintenance of plant material shall include proper irrigation, control of weeds and exotic
species, and control of plant diseases and animal pests (e.g., gophers, etc.).
e) Project maintenance shall include all repairs to the revegetation/mitigation area caused
by human activities and the repair of damage to plantings caused by animal and other
pests.
The Contractor shall maintain all plants in a vigorous and thriving condition by irrigating, weeding,
cultivating, and other necessary operations during the entire period of installation, Plant
Establishment Period, and until final acceptance by the City’s designated representative.
Improper maintenance, which may cause poor condition of planted material at termination of
the scheduled contract period, will cause postponement of final acceptance. Refer to subsequent
subsections for additional requirements and prescriptions.
a) The Contractor shall conduct weed removal activities in planting areas on a continual
basis following plant installation. "Plant installation" includes installation of container
plants and seeding. "Weed removal" includes the removal of weeds, their root system,
and removal from the site, and/or other treatments approved by the City’s designated
representative.
b) The Contractor shall be responsible for keeping all planted areas free of target exotic
species during the maintenance period, as indicated herein and on the Drawings.
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c) The Contractor shall review the site for exotic species and exotic species sprouts on a
monthly basis for the duration of the Plant Establishment Period. Any exotics or weeds
that have germinated or re-sprouted shall be treated and removed from the site each
month (minimum) as specified herein.
d) Contractor shall be responsible for immediately controlling any insect infestations and
diseases that may spread throughout planted areas.
e) Contractor shall be responsible for monitoring and control of herbivory of plants and shall
inform the City and the City’s designated representative within 24 hours of discovery, who
shall then prescribe remedial action. Any remedial action such as fencing and/or
protective cages shall be provided, at no additional cost.
f) Native species leaf and branch drop shall be retained in place unless specifically
designated for removal.
g) Contractor shall remove and dispose off-site all weeds, exotic plants and non-organic
debris. Removal of trash and litter shall continue on a regular basis during the Plant
Establishment Period. Organic debris resulting from weed/exotic plant removal shall be
removed from the site(s) and disposed of at County landfill to avoid further introduction
of undesirable exotic seed and propagules.
h) Contractor shall monitor for erosion within the revegetation site and shall prohibit gullies,
rills and sheet erosion, bare soil areas and silt deposition from occurring. Erosion control
shall emphasize prevention. If required, repair of eroded areas may include redirection or
dissipation of the water source and re-contouring of soil, followed by seeding, mulching,
and planting as directed by the City’s designated representative. The plant palette for
areas needing re-seeding or replacement of plants shall conform with the original plant
and seed species and quantities. Invasive/exotic species are prohibited for use as erosion
control.
i) Contractor shall be responsible for the maintenance of all erosion control measures.
Contractor shall install additional erosion control measures as prescribed by the City’s
designated representative after evaluation of erosion problems, on a case-by-case basis.
801-6.2 Plant Performance. The Contractor shall be responsible for plant performance for the
120-day Plant Establishment Period; the City shall be responsible for plant performance during
years 1-5 (Table 1 below).
a) All container plantings will be inspected by the City’s designated representative at 30, 60,
90 and 120 days after planting. Contractor shall immediately replace all dead, damaged,
or diseased plants in-kind and at a 1:1 replacement ratio, to achieve 100% survival at the
end of 120 days.
b) All seeded areas will be inspected by the City’s designated representative 90 days after
seeding. Contractor shall re-seed all seeded areas that have not reached 20% germination
cover. Contractor shall re-seed all bare areas greater than 100 square feet in size.
c) Contractor shall keep exotic plant growth controlled throughout the Plant Establishment
Period. No planting area will be approved that supports more than 10% absolute coverage
of non-native weed species. Resprouts or seedlings of exotic species shall not be allowed
to obtain a height of more than four feet (4') before being retreated or removed.
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d) Contractor shall schedule and perform monthly maintenance visits as necessary to
prevent exotic species and weeds from producing fruit or setting seed. Failure to kill exotic
and weeds before setting seed or producing fruit shall result in the Contractor having to
perform an additional weeding effort of the affected area at no cost to the City. Additional
weeding efforts will be required to be performed as directed by the City’s designated
representative.
Period Percent Survival
Container Plants
Percent Relative
Native Cover* Percent Relative Non-
Native Cover*
120-days 100% 50% 15%
*Native and non-native cover to be assessed on a visual basis by City Representative.
801-6.3 Litter.
ADD the following subsection:
All areas in the work sites shall be kept free of, but not limited to, the following items: bottles,
glass, cans, paper, cardboard, metallic items, and other debris on a daily basis. Contractor shall
promptly remove from the work area all debris generated by their performance.
801-6.4 Use of Chemicals. Contractor shall submit a list of all chemical herbicides, pesticides, and
rodenticides proposed for use under this contract for approval by the City’s designated
representative. Materials included on this list shall be limited to chemicals approved by the State
of California Department of Food and Agriculture and shall include the exact brand name and
generic formulation. The use of any chemical on the list shall be based on the recommendations
of a licensed pest control advisor where required by law. The use of chemicals shall conform to
the current County of Riverside Agriculture Commissioner regulations. No chemical herbicide,
rodenticide, or pesticide shall be applied until its use is approved, in writing, by the City’s
designated representative as appropriate for the purpose and area proposed.
801-6.5 Disease and Pest Control. Contractor shall regularly inspect all landscaped areas for the
presence of disease, snail, insect or rodent infestation. The Contractor shall advise the City’s
designated representative, in writing, within four days when any disease, snail, insect or rodent
infestation is found; he shall identify the disease, snail, insect or rodent and specify control
measures to be taken. The Contractor shall implement control measures, exercising extreme
caution in the application of all spray materials, dusts or other materials utilized.
Approved control measures shall be continued until the disease, snail, insect or rodent is
controlled to the satisfaction of the City’s designated representative. The Contractor shall utilize
all safeguards necessary during disease, snail, insect or rodent control operations to ensure safety
of the public and the employees of the Contractor.
Contractors shall perform at their sole expense the following services:
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c) All Work involving the use of chemicals will be accomplished by a State of California
licensed pest control operator. A written recommendation by a person possessing a valid
California Pest Control Advisor License is required before chemical application where
required by law.
d) All chemicals requiring a special permit for use shall be registered by the Contractor with
the County Agricultural Commissioner’s Office and a permit obtained with a copy given
to the City’s designated representative before use.
e) A copy of all forms submitted to the County Agricultural Commissioner shall be given to
the City’s designated representative on a monthly basis.
f) All regulations and safety precautions listed in the “Pesticide Information and Safety
Manual” published by the University of California will be adhered to.
g) Utilize City of Carlsbad Integrated Pest Management Plan (IMP)
801-6.6 Weed Control. For the purpose of these specifications, a weed will be considered as “any
undesirable or misplaced plant.” All areas within the specified maintenance area, including but
not limited to, turf grass, shrub and ground cover areas, planters, tree wells, and hardscape areas
shall be kept free of weeds at all times. Weed removal shall consist of complete removal of all
weeds, including top growth and roots, as the weeds appear.
Weed control shall be performed a minimum of one time per week. Bare areas between plants
shall be cultivated by hand on a weekly basis. Weeds shall be controlled either by hand,
mechanical or chemical methods; however, the City’s designated representative may restrict the
use of chemical weed control in certain areas.
801-6.7 Method of Irrigation. Irrigation systems shall be as prescribed on the project Drawings
and Specifications. However, failure of the existing irrigation system to provide full and proper
coverage and water application shall not relieve the Contractor of the responsibility to provide
adequate irrigation with full and proper coverage and water application to all areas in the work
site. All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The
Contractor shall furnish all hoses, nozzles, etc., necessary to accomplish this supplemental
irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental
seepage into existing underground improvements or structures.
At all times, irrigate planting areas slowly. Use multiple starts and soaking periods between
irrigation cycles. Slightly moist soils are easier to wet than dry soils. Balance soil aeration with soil
moisture.
801-6.8 Irrigation Maintenance and Repairs. Contractor shall maintain all irrigation systems, at
no additional cost to the City, in such a way as to guarantee proper coverage and full working
capability. The Contractor shall make whatever adjustments may be necessary to prevent
overspray or excessive runoff into areas not meant to be irrigated.
Contractor shall repair or replace inoperable irrigation equipment to maintain a fully operational
system, including but not limited to, pressure pipes from the water meter to the control valves,
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all irrigation pipes, all manual and automatic valves, pumps used for the irrigation systems,
backflow devices, filters, strainers, pressure regulators, sprinkler heads, irrigation clamps and
stakes, anti-drain valves, quick couplers, electrical wiring from the controller to the solenoid
valves, emitters, drippers, valve boxes, controllers, valve markers, batteries, fittings and risers.
a) Maintenance includes, but is not limited to, tightening of loose fittings and packing nuts;
flushing pipes, valves, filters, strainers, and backflow devices; adjusting sprinklers,
bubbler nozzles and drip systems; adjusting anti-drain valves and pressure regulators;
adjusting and lubricating controllers; flushing drip irrigation lines; and cleaning bubbler
nozzles and sprinklers.
b) Contractor shall repaint by hand all backflow devices, backflow cages, valve box lids, curb
faces and curb tops; additional painting may be required as directed. Labor shall be
provided at no additional cost to the City; however, the cost of paint shall be incurred by
the City.
Irrigation repairs shall be made within the following time limits:
Mainline irrigation breaks shall be repainted within two hours of identification or
notification.
All other irrigation repairs shall be made within one calendar day of identification or
notification.
Replacement of irrigation components shall be with originally installed materials of the same size
and quality. Substitutions shall be approved by the City’s designated representative in writing
before installation.
801-6.9 Water Conservation. Contractor shall turn off all irrigation systems during periods of
rainfall and/or times when suspension of irrigation is desirable to conserve water while remaining
within the guidelines of good horticulturally acceptable maintenance practices. Contractor shall
comply with all City of Corona Ordinances and/or Resolutions which relate to water conservation.
Failure to comply with Section 29 may result in an equitable amount deducted from the
Contractor’s payment.
801-6.10 Plant Care. All plants shall be adequately irrigated to maintain health and vigor.
Irrigation run-off and overspray shall be minimized. Plants shall be irrigated to promote deep
root growth.
Plants shall be fertilized prior to the end of the 120-day plant establishment period, as necessary
to maintain horticulturally acceptable health and color. Maintenance fertilizer shall be Calcium
Ammonium Nitrate (27-0-0) (“Simplot”, “Yara”, or approved equal product) at 4 lbs./1,000 sq. ft.
Apply gypsum at 15 pounds per 1,000 sq. ft., prior to the end of the 120-day plant establishment
period.
Where plants show signs of failure to grow at any time during the life of the contract, including
the specified maintenance period, and where plants are so injured, damaged, dead or diseased
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as to render them unsuitable for the intended purpose, the Contractor shall replace plant
materials at a 1:1 ratio, i.e., (1) new plant for each (1) plant removed within thirty (30) days of
receipt of written notice by the City’s designated representative and at no additional cost to the
City. Plants used for replacement shall be the same kind and size as specified in the original plant
list. Replacement plants shall be furnished, planted, and fertilized as originally specified, without
cost to the City.
801-6.11 Green Waste Disposal.
ADD the following subsection:
Green waste shall be defined as tree and shrubbery trimmings, grass, weeds, leaves, wood chips
and other garden organic materials. Contractor shall be responsible for recycling all green waste
generated from their contract performance. Contractor shall have the duty to keep all green
waste from being contaminated to an extent it no longer can be recycled. Contractor shall deliver
all green waste to a City approved reclamation site, for the purposes of recycling. Contractor shall
submit a monthly report identifying the weight and/or volume of green waste recycled during
the preceding month. Payment for green waste disposal shall be included in the Bid price of all
applicable bid items.
801-6.12 General Cleanup. Remove all trash and accumulated debris from the work sites. In
addition, dog feces are also to be removed from all planting and ground cover areas. All areas
under maintenance, and other designated areas, will have trash removed between 6:00 AM and
9:00 AM daily, five days per week (Monday through Friday).
The Contractor is responsible for removal of all weeds and non-native species growing in and
immediately adjacent to the planting areas. The Contractor is responsible to ensure that all paved
surfaces are cleared of all dirt and debris within 4 feet of all areas adjacent to maintenance
responsibilities. Walkways shall be cleaned immediately following installation and maintenance
work by use of power sweeping or blower equipment not less than once per week.
All drains and catch basins shall be kept free of siltation and debris at all times. All drainage areas
and V-ditches shall be kept clean weekly by the Contractor.
Accumulation of debris shall be removed from all areas no less than once per week. All dead,
damaged, declining, hazardous or broken plant material (trees, shrubs, vines, ground cover,etc.),
whether a result of the Contractor’s negligence or an unforeseen event, shall be removed by the
Contractor at no additional cost to the City.
801-6.13 Emergency Calls. Contractor shall have the capability to receive and respond
immediately to calls of an emergency nature during normal working hours and outside of normal
working hours. Calls of an emergency nature received by the City’s designated representative
shall be referred to the Contractor for immediate disposition. If the Contractor cannot be reached
within 2 hours, the City will deduct from the monthly billing the cost of City forces, or other
sources, used to repair the emergency. The Contractor shall not receive additional compensation
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for responding to emergencies for work included in these general conditions at contract
worksites.
801-6.14 Complaints.
ADD the following subsection:
The Contractor shall maintain a monthly written log of all complaints which includes the date and
time received and the action taken or the reason for non-action. The monthly log of complaints
shall accompany the monthly invoice.
All complaints shall be abated as soon as possible after notification, but in all cases within 24
hours, to the satisfaction of the City’s designated representative. If any complaint is not abated
within 24 hours, the City’s designated representative shall be notified immediately of the reasons
for not abating the complaint, followed by a written report to the City’s designated
representative within five calendar days. If the complaints are not abated within the time
specified, or to the satisfaction of the City’s designated representative, the City’s designated
representative may correct the specific complaint and the total cost incurred by the City shall be
deducted and forfeited from the payments owing to the Contractor from the City.
801-6.15 Training to City Staff. The Contractor shall provide training of City staff in proper
operation of major equipment, including recommended winterization procedures, and shall
submit evidence that training has been successfully completed.
801-6.16 As-Built Conditions. Within four (4) weeks of work completion and acceptance of site
preparation and planting by the City’s designated representative, Contractor shall furnish and
submit to the City and the City’s designated representative one (1) full scale (to each),
reproducible plan set showing all "as-built" field changes to erosion control, irrigation, and
planting for the mitigation area. Plan base sheet shall be provided to Contractor by the City’s
designated representative. All changes shall be legibly drafted/marked on a print set in ink and
supplied to the City and the City’s designated representative. All reproduction costs are
considered part of Contract.
801-6.17 Final Acceptance. Final inspection will occur at the end of the 120-day Plant
Establishment Period, provided all previous deficiencies have been corrected. Contractor will be
notified in writing that contract work and maintenance period has been accepted or that the
maintenance period has been extended to correct any deficiencies remaining. Final written
acceptance and approval by the City’s designated representative following these site observation
visits shall establish the beginning date for the one-year warranty period.
a) Final Site Observation and Acceptance: At the conclusion of the maintenance period (120
days), a final site observation will be conducted. The Contractor shall show evidence that
the City has received all charts, records, drawings, and extra equipment as required
before final site observation and operate each irrigation system in its entirety for the
City’s designated representative at time of final observation. Any items deemed not
acceptable by the City’s designated representative shall be re-worked to the complete
satisfaction of the City and the City’s designated representative.
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b) The Contractor shall show all corrections made from the "punch-list." Any items deemed
not acceptable shall be reworked during the maintenance period. The Contractor will be
notified in writing that the contract work and maintenance period has been accepted or
that the maintenance period has been extended to correct any deficiencies remaining.
Final acceptance shall establish the beginning date for the guarantee period.
801-7 MEASUREMENT.
INSERT the following after the first sentence:
Measurement for Site and Soil Preparation, Irrigation, Planting, and Plant Establishment
Maintenance will be per the unit indicated on the Bid Form for each completed item
installed/conducted as shown on the Drawings and according to these Special Provisions,
complete, in place and accepted.
801-8 PAYMENT.
REPLACE the first sentence with the following:
Payment for Site and Soil Preparation, Irrigation, Planting, and Plant Establishment Maintenance
work, measured as specified, will be on a contract unit price as indicated for each item in the Bid
Form, the price of which shall include all costs connected therein. The unit prices shown in the
Bid Form shall include full compensation to complete removals, complete installations and
maintain the landscaping and irrigation work shown on the Drawings and in the Specifications,
including all material, labor, equipment, samples, testing, manuals, and guarantees.
ADD the following at the end of the section:
If performance by the Contractor is deficient, the City reserves the right to subtract appropriate
costs from the monthly billing and/or hire another contractor to provide the service and deduct
the expense from the contract retention. Since it is difficult to quantify and assess a value to
every aspect of the work, the City representative shall determine the cost per incident. The
following describes deficiencies:
a) Lack of compliance to specifications (i.e., failure to adequately mow, edge, litter pick,
sweep/rake, weed, prune, remove dead plant material, etc.).
b) Failure to provide specified reports or to falsify reports.
c) Failure to supply adequate equipment, labor or supervision.
d) Failure to repair irrigation deficiencies in the allotted time frame.
e) Failure to comply with schedules. Variances may be approved by request. Delays in part
to acquisition or adverse weather conditions will be taken into consideration.
f) Failure to protect public health and safety.
END OF SECTION
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SECTION 2
01 11 00 SUMMARY OF WORK
PART 1 GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS.
a. The Contractor shall perform Work and furnish materials, labor, tools, equipment or
services that may be reasonably inferred as being required to produce the intended
result, whether specifically called for in the Contract Documents, at no additional cost to
the Agency.
b. Visible, existing improvements for which no specific disposition is made on the Plans, but
which interfere with the Work, shall be removed, and disposed of by the Contractor with
the prior approval of the Engineer.
c. The completed Work will install asphalt speed cushions on Park Drive, Black Rail Road,
Plum Tree Road and Carrillo Way. The Work shall also include curb extensions on Plum
Tree Road as shown on the Plans. Provide all labor, material and equipment for the Bid
items listed in this contract.
d. Location of the Project is on Park Drive, Black Rail Road, Plum Tree Road and Carrillo Way
in the City of Carlsbad, in the County of San Diego, California
e. Work also includes: maintaining the safe passage of pedestrians past the Work area
throughout the construction period; traffic control; and obtaining all permits needed to
perform the indicated Work.
END OF SECTION
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01 11 20 MEASUREMENT AND PAYMENT
PART 1 GENERAL
1.01 SCOPE.
a. The Contract Price shall cover all Work required by the Contract Documents. All costs in
connection with the proper and successful completion of the Work, including furnishing all
materials, equipment, supplies, and appurtenances; providing all construction plant,
equipment, and tools; and performing all necessary labor and supervision to fully complete
the Work, shall be included in the unit and lump sum Bid prices. All Work not specifically set
forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor
and all costs in connection the Work shall be included in the Bid prices.
b. All estimated quantities stipulated in the Bid Form or other Contract Documents are
approximate and are to be used only (a) as a basis for estimating the probable cost of the
Work and (b) for the purpose of comparing the Bids submitted for the Work. The actual
amounts of Work done and materials furnished under unit price items may differ from the
estimated quantities. The basis of payment for Work and materials will be the actual amount
of Work done and materials furnished. Contractor agrees that it will make no claim for
damages, anticipated profits, or otherwise on account of any difference between the
amounts of Work actually performed and materials actually furnished and the estimated
amounts therefor.
c. Payment for each Bid Item shall be made in accordance with Sections 7-2 and 7-3 of the
Agency Supplemental General Provisions and the Bid. All Work shown or described in the
Contract Documents and necessary for the functioning of installed equipment or constructed
facilities and the repair or replacement of damaged existing improvements in accordance
with the Contract Documents shall be considered as included in the Bid Items.
1.02 BID ITEMS.
1. Mobilization (Lump Sum) – Payment for mobilization & demobilization and preparatory Work
will be made at the contract Lump Sum. The work associated with this bid item includes full
compensation for furnishing all insurance, bonds, licenses, permits, 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, applying for and
obtaining all required permits, all field survey and staking required for the project, cleanup to
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the satisfaction of the Engineer, and for all other work and operations which must be
performed or costs incurred prior to beginning work on the various contract items, including
all related administration throughout its duration, and demobilization, excepting those
specifically paid for under separate sections of these Specifications. The Contractor 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 & Demobilization and Preparatory Work. The total price bid
for Mobilization & Demobilization shall include the cost of all mobilization and administration
for the entire CONTRACT period. No separate payments shall be made for re-mobilization due
to project phasing.
2. Traffic Control (Lump Sum) – Payment for Traffic Control Plan and Traffic Control
Implementation will be made at the contract Lump Sum price paid for full compensation for
all work involved in the developing and implementing the traffic control plans, construction
staging and furnishing project traffic control, including furnishing, installation, maintaining
and removal of temporary barricades, temporary striping, temporary pavement markers,
construction signs, warning signs, portable changeable message signs, or any device for the
temporary control of traffic or safety of the workers, including flagmen (i.e. all traffic control
as required by City’s Traffic Engineer), tools, equipment, incidentals, providing notices,
temporary conflicting traffic stripe application and grinded removal, trench steel plate cover
installation and removal, and any other safety measures used for the control of traffic, any
temporary rerouting of traffic or maintenance of access to properties, during the Project
construction period will considered included in the contract Lump Sum price for Traffic
Control, in accordance with the plans, contract documents, and as described in conformance
with Greenbook Part 6 and Sections 302-2.5, 302-3.8, 302-4.7, 302-10.4, and no additional
compensation will be allowed.
3. Water Pollution Control (Lump Sum) – Water Pollution Control work shall be performed in
accordance with Section 3-12.6 of the Standard Specifications, City of Carlsbad requirements
and these technical provisions. Full compensation for all work involved in developing and
implementing water pollution control plans and water pollution control Best Management
Practices (BMPs) will be considered as included in the contract Lump Sum price paid for Water
Pollution Control, including maintenance and removal of BMPs, in accordance with the plans,
contract documents and standard specifications, complete and in place, and no additional
compensation will be allowed therefor.
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4. Clearing and Grubbing (Lump Sum) – Clearing and Grubbing shall comply with Section 300
“Earthwork”, of the Standard Specifications for Public Works Construction. Clearing and
Grubbing work shall include all site demolition including, but not limited to, removal of
existing curb, gutter, sidewalk, cross gutter, curb ramps, driveway approaches, AC pavement
and other surface improvements indicated to be removed. The location of the existing
concrete curb, gutter, sidewalk, curb ramps, driveway approaches and AC paving to be
removed shall be as indicated on Plan; the resultant materials shall be disposed of legally
outside the right of way. Work for this item shall include all necessary saw cutting and shall
be performed in accordance with Section 300-1.3.2 of the Standard Specifications for Public
Works Construction. The contract Lump Sum price paid for Clearing and Grubbing includes
full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for
doing all work involved in clearing and grubbing the site, including disposal of all cleared and
grubbed materials at a legal site, as shown on the plans, as specified in the Standard
Specifications and these Special Provisions, and as directed by the Engineer.
5. PCC Curb and Gutter (Linear Feet) – Construction of Portland Cement Concrete (PCC) curbs,
walks, gutters, cross gutters, alley intersections, access ramps and driveways shall comply
with Section 201-1, "Portland Cement Concrete", Section 300, “Earthwork”, and Section
301-1, "Subgrade Preparation", and Section 303-5, “Concrete Curbs, Walks, Gutters, Cross
Gutters, Alley Intersections, Access Ramps, and Driveways” of the Standard Specifications
for Public Works Construction, as shown on the Plans, Standard Drawings and these Special
Provisions. PCC curbs, walks, gutters, cross gutters, alley intersections, access ramps and
driveways shall be measured as indicated in the bid schedule. The contract unit prices paid
for PCC curbs, walks, gutters, cross gutters, alley intersections, access ramps and driveways
includes full compensation for furnishing all labor, materials, tools, equipment, and
incidentals and for doing all work involved in constructing PCC surface improvements,
including laying out and constructing fully ADA-compliant improvements and detectable
warning surfaces, as shown on the plans, as specified in the Standard Specifications and
these Special Provisions, and as directed by the Engineer.
6. PCC Sidewalk (Square Feet) - Work to be paid for under this item shall include installation of
new PCC sidewalk in accordance with Contract documents and all appurtenant work as
required by the Contract Documents. The unit price shall include all work associated with
the construction of the sidewalk including but not limited to all labor, materials, tools,
equipment, transitions, excavation, forming, subgrade preparation, , sawcutting, and
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removing and replacing pavement adjacent to the curb. Existing sidewalk shall be removed
at the joint.
7. PCC Curb Ramps (Each) - Work to be paid for under this item shall include installation of new
concrete Curb Ramps in accordance with Contract documents and all appurtenant work as
required by the Contract Documents. The unit price shall include all work associated with the
construction of the curb ramps including but not limited to all labor, materials, tools,
equipment, transitions, excavation, forming, subgrade preparation, installation of detectable
warning surface, concrete curb, sawcutting, and removing and replacing pavement adjacent
to the curb.
8. Crushed Aggregate Base (Cubic Yard) – Work to be paid for under this item shall be in
accordance with the plans, contract documents, and as described in conformance with
Section 203-6 & 302-5. The above contract price and payment shall include full compensation
for furnishing all labor, materials, tools, equipment, sweeping, hauling, disposal costs,
cleaning, transportation, compaction, and incidentals, and for doing all the work involved,
complete as detailed.
9. Asphalt Concrete (AC) Paving (Ton) – Construction of Asphalt Concrete (AC) paving,
including new paving and overlay. Shall comply with these technical provisions.
Asphalt Concrete Paving shall be measured by the ton. The contract unit price per
Ton for Asphalt Concrete Paving, includes full compensation for furnishing all labor,
materials, tools, equipment, and incidentals and for doing all work involved in
constructing AC pacving, including tack coat, as shown on the plans, as specified in
the Standard Specifications and these Special Provisions, and as directed by the
Engineer.
10. Asphalt Concrete (AC) Speed Cushion (Ton) – Work to be paid for under this item shall be in
accordance with the plans, contract documents, and as described in conformance with
Section 203-6 & 302-5 and paving variable depth of the asphalt concrete speed cushions. The
above contract price and payment shall include full compensation for furnishing all labor,
materials, tools, equipment, sweeping, hauling, disposal costs, cleaning, transportation,
compaction, and incidentals, and for doing all the work involved, complete as detailed.
11. Cold Milling and Asphalt Concrete Overlay (Square Feet) – Work to be paid for under this item
shall be in accordance with the plans, contract documents, and as described in conformance
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with Section 404. No separate measurement and payment shall be made for disposal of
grindings, asphalt tack coat, tapers, or pavement joints. The above contract price and
payment shall include full compensation for furnishing all labor, materials, tools, equipment,
sweeping, hauling, disposal costs, cleaning, transportation, compaction, and incidentals, and
for doing all the work involved, complete as detailed.
12. Adjust Existing Water Valve to Grade (Each)– Adjust Valve Well shall include all labor and
materials required to adjust existing valve well to the new finish grade in accordance with
the provisions of Sections 212-4 and 403 of the Standard Specifications. Aggregate Base
shall be measured by the cubic yard, in place. The contract unit price paid Each for Adjust
Valve Well, includes full compensation for furnishing all labor, materials, tools, equipment,
and incidentals and for doing all work involved in adjusting existing valve well to grade as
shown on the plans, as specified in the Standard Specifications and these Special Provisions,
and as directed by the Engineer.
13. Signing and Striping (Lump Sum) – Work to be paid for under this item shall include the
installation of Signing and Striping and all appurtenant work in accordance with the
Contract Documents. The unit price shall include all work associated with installing Signing
and Striping including but not limited to furnishing all materials, labor, tools, equipment,
installing traffic striping, curb and pavement markings, pavement markers, roadside signs
including reflective signs, posts, removals of existing pavement markings, markers, and
signage, red curb parking restriction markings, reflective beading, reflective pavement
markers; signage, hardware, mounting fasteners, foundations and posts.
1.03 SUBMITTALS.
a. Informational Submittals:
1. Schedule of Values: Submit on Agency’s form.
2. Schedule of Estimated Progress Payments:
i. Submit with initially acceptable Schedule of Values.
ii. Submit adjustments thereto with Application for Payment.
3. Application for Payment.
4. Final Application for Payment.
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1.04 SCHEDULE OF VALUES (SOV).
a. The Contractor shall prepare a separate SOV for each schedule of the Work under the
Contract.
b. Upon request of the Construction Manager, the Contractor shall provide documentation
to support the accuracy of the SOV.
c. The Contractor shall prepare and submit to the Engineer for review a SOV within the time
specified in the Contract Documents.
d. When requested by the Engineer, the SOV shall divide each lump sum Bid item into its
respective activities as listed in the Construction Schedule, and the sum of the costs
apportioned to the activities comprising the Bid item shall equal the Bid item price. The
Contractor shall add additional detail to the SOV when, in the opinion of the Engineer,
such detail is necessary to represent the basis for payment. The Contractor shall submit
to the Engineer a corrected Schedule of Values within 10 Calendar Days of the Engineer’s
request.
e. The Contractor shall make adjustments to the approved SOV to account for Change
Orders or Extra Work. The SOV entries for adjustments so made shall be approved by the
Engineer.
f. Payment for the preparation of or revisions to the SOV shall be included in the Contract
Price and no additional payment will be made therefor.
g. Unit Price Work: Must reflect unit price quantity and price breakdown from conformed
Bid Form.
h. Lump Sum Work:
1. Must reflect specified cash and contingency allowances and alternates, as applicable.
2. List bonds and insurance premiums, mobilization, demobilization, preliminary and
detailed progress schedule preparation, equipment testing, facility startup, and
Contract closeout separately.
i. Mobilization includes, at minimum, items identified in Section 01 50 00,
Temporary Facilities and Controls.
ii. Include item(s) for monthly progress schedule update and maintenance of
Construction Manager’s trailer.
3. Break down by Division 02 through 49 with appropriate subdivision of each
specification for each Project facility.
i. An unbalanced or front-end loaded schedule will not be acceptable.
j. Summation of the complete SOV representing all the Work shall equal the Contract Price.
k. The Contractor shall submit SOV electronically in a spreadsheet format compatible with
latest version of MS Excel.
l. SOV shall be submitted as a submittal in Procore.
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1.05 SCHEDULE OF ESTIMATED PROGRESS PAYMENTS.
a. Show estimated payment requests throughout Contract Times aggregating initial
Contract Price.
b. Base estimated progress payments on initially acceptable progress schedule. Adjust to
reflect subsequent adjustments in progress schedule and Contract Price as reflected by
modifications to the Contract Documents.
1.06 APPLICATION FOR PAYMENT.
a. Transmittal Summary Form: Attach 1 Summary Form with each detailed Application for
Payment for each schedule and include Request for Payment of Materials and Equipment
on Hand as applicable. Execute certification by authorized officer of Contractor.
b. Use detailed Application for Payment Form provided by Construction Manager.
c. Provide separate form for each schedule as applicable.
d. Include accepted Schedule of Values for each schedule or portion of lump sum Work and
the unit price breakdown for the Work to be paid on a unit priced basis.
e. Include separate line item for each Change Order and Work Change Directive executed
prior to date of submission. Provide further breakdown of such as requested by
Construction Manager.
f. Preparation:
1. Round values to nearest dollar.
2. Submit Application for Payment, including a Transmittal Summary Form and detailed
Application for Payment Form(s) for each schedule as applicable, a listing of materials
on hand for each schedule as applicable, and such supporting data as may be
requested by Construction Manager.
1.07 PAYMENT.
a. Transmittal Summary Form: Attach 1 Summary Form with each detailed Application for
Payment for each schedule and include Request for Payment of Materials and Equipment
on Hand as applicable. Execute certification by authorized officer of Contractor.
b. Each month, the Engineer will make an approximate measurement of the Work
performed to the closure date as basis for making monthly progress payments. The
estimated value will be based on Contract Unit Prices, completed Change Order Work.
Progress payments shall be made no later than 30 Calendar Days after the closure date.
Five Working Days following the closure date, the Engineer shall complete the detailed
progress pay estimate and submit it to the Contractor for the Contractor’s information.
Should the Contractor assert that additional payment is due, the Contractor shall within
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10 Calendar Days of receipt of the progress estimate, submit a supplemental payment
request to the Engineer with adequate justification supporting the amount of
supplemental payment request. Upon receipt of the supplemental payment request, the
Engineer shall, as soon as practicable after receipt, determine whether the supplemental
payment request is a proper payment request. If the Engineer determines that the
supplemental payment request is not proper, then the request shall be returned to the
Contractor as soon as practicable, but not later than 7 Calendar Days after receipt. The
returned request shall be accompanied by a document setting forth in writing the reasons
why the supplemental payment request was not proper. Consistent with Public Contract
Code Section 20104.50, the Agency shall make payments within 30 Calendar Days after
receipt of an undisputed and properly submitted supplemental payment request from
the Contractor. If payment of the undisputed supplemental payment request is not made
within 30 Calendar Days after receipt by the Engineer, then the Agency shall pay interest
to the Contractor equivalent to the legal rate set forth in subdivision (a) of Code of Civil
Procedure Code Section 685.010.
c. After final inspection, the Engineer will make a Final Payment Estimate and process a
corresponding payment. This estimate will be in writing and shall be for the total amount
owed the Contractor as determined by the Engineer and shall be itemized by the Contract
Bid item and Change Order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under
provisions of the Contract. All prior estimates and progress payments shall be subject to
correction in the Final Payment Estimate.
d. The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate
to make a written statement disputing any Bid item or Change Order item quantity or
payment amount. The Contractor shall provide all documentation at the time of
submitting the statement supporting its position. Should the Contractor fail to submit the
statement and supporting documentation within the time specified, the Contractor
acknowledges that full and final payment has been made for all Contract Bid items and
Change Order items.
e. If the Contractor submits a written statement with documentation in the aforementioned
time, the Engineer will review the disputed item within 30 Calendar Days and make any
appropriate adjustments on the Final Payment. Remaining disputed quantities or
amounts not approved by the Engineer will be subject to resolution as specified in Section
2-10, Disputed Work.
f. The written statement filed by the Contractor shall be in sufficient detail to enable the
Engineer to ascertain the basis and amount of the disputed items. The Engineer will
consider the merits of the Contractor’s claims. It will be the responsibility of the
Contractor to furnish within a reasonable time such further information and details as
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may be required by the Engineer to determine the facts or contentions involved in its
claims. Failure to submit such information and details will be sufficient cause for denying
payment for the disputed items.
1.08 MOBILIZATION.
a. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum
price Bid therefore in the Bid Schedule and includes full compensation for furnishing all
insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals,
and for 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 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.
b. Progress payments for mobilization and preparatory Work will be made as follows: For
the first progress payment (after the issuance of the Notice to Proceed), 40% of the
amount Bid for mobilization and preparatory Work will be allowed. For the second
progress payment, an additional 60% of the amount Bid for mobilization and preparatory
Work will be allowed. Mobilization shall include preparatory Work and operations,
including, but not limited to, those necessary for the movement of personnel, equipment,
supplies and incidentals to the Project Site, for the establishment of all offices, buildings
and other facilities necessary for the Work, sureties and for all other Work and operations
which must be performed or costs incurred prior to beginning and after completion of the
Work excepting those specifically paid for under a separate Bid item. The dismantling and
removal of temporary facilities, equipment, materials, construction waste and personnel
shall be included in the payment for mobilization.
c. When a Bid item has been provided for “Mobilization”, payment shall be distributed
equally over the first 2 progress payments up to the amount of the Bid item price but shall
not exceed 3% of the Contract Price. If the Bid item for “Mobilization” exceeds 3% of the
Contract Price, the portion above 3% of the Contract Price shall be paid as a part of the
Final Payment.
1.09 MISCELLANEOUS CONCRETE.
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a. All concrete which is required in connection with manholes or structures, pavement or
sidewalk replacement, and other pay items shall be included in the lump sum or unit price
Bid for the pay item.
b. The unit price Bid for miscellaneous concrete shall include concrete, reinforcing steel,
forms, finishing, curing, and all other Work or materials required to complete the concrete
Work.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
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01 31 00 PROJECT MANAGEMENT AND COORDINATION
PART 1 CONSTRUCTION MANAGEMENT SOFTWARE
1.01 PROCORE PROJECT MANAGEMENT AND COLLABORATION SYSTEM.
a. This project may utilize the Owner’s Procore (www.procore.com) online project management
and document control platform. The intent of utilizing Procore is to reduce cost and schedule
risk, improve quality and safety, and maintain a healthy team dynamic by improving
information flow, reducing non-productive activities, reducing rework and decreasing
turnaround times. The Contractor is required to create a free web-based Procore user
account(s) and utilize web-based training / tutorials (as needed) to become familiar with the
system. Unless the Engineer approves otherwise, the Contractor shall process all project
documents through Procore because this platform will be used to submit, track, distribute and
collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and
applicable team members shall complete a free training certification course located at
http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible
for attaining their own Procore support, as needed, either through the online training or
reaching out to the Procore support team. It will be the responsibility of the Contractor to
regularly check Procore and review updated documents as they are added. There will be no
cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android
devices located at https://play.google.com/store/apps/details?id=com.procore.activities with
the Procore App installed to at least one on-site individual to provide real-time access to
current posted drawings, specifications, RFIs, submittals, schedules, change orders, project
documents, as well as any deficient observations or punch list items. Providing mobile access
will improve communication, efficiency, and productivity for all parties. The use of Procore for
project management does not relieve the contractor of any other requirements as may be
specified in the contract documents.
END OF SECTION
01 32 00 SUBMITTALS Date Printed: March 29, 2024
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01 32 00 SUBMITTALS
PART 1 GENERAL
1.01 GENERAL.
a. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the
original submittal number followed by an ascending alphabetical designation (e.g., ‘4-A’
would indicate the first resubmittal of the fourth submittal). Each submittal shall be
accompanied by a letter of transmittal on the Contractor’s letterhead which shall contain
the following:
1. Agency Project title and Contract number.
2. Specification section number(s) pertaining to material submitted for review.
3. Submittal number.
4. Description of the contents of the submittal.
5. Identification of any deviation from the Contract Documents on the transmittal and
by redline on the shop or working Drawings.
6. Contractor’s certification statement.
7. Printed name and signature of submitter, title and date.
b. The Contractor shall place the following certification statements on all submittals and
shall subscribe to one of the following:
"I certify that the materials, equipment or construction procedure(s) contained in this
submittal meet all requirements shown or specified in the Contract Documents with no
exceptions.”
Or
"I certify that the materials, equipment or construction procedure(s) contained in this
submittal meet all requirements shown or specified in the Contract Documents, except
for the following deviation(s):”
c. Shop Drawings and engineering data (submittals) covering all equipment and all
fabricated components and building materials which will become a permanent part of the
Goods and Special Services under this Contract shall be submitted to Engineer for review,
as required. Submittals shall verify compliance with the Contract Documents and shall
include Drawings and descriptive information in sufficient detail to show the kind, size,
arrangement, and the operation of component materials and devices; the external
connections, anchorages, and supports required; the performance characteristics; and
dimensions needed for installation and correlation with other materials and equipment.
d. Each submittal shall cover items from only one section of the specification unless the item
consists of components from several sources. Contractor shall submit a complete initial
submittal including all components. When an item consists of components from several
sources, Contractor's initial submittal shall be complete including all components.
e. All submittals, regardless of origin, shall be approved by Contractor and clearly identified
with the name and number of this Contract, Contractor's name, and references to
applicable specification paragraphs and Contract Drawings. Each copy of all submittals,
regardless of origin, shall be stamped or affixed with an approval statement of Contractor.
Each submittal shall indicate the intended use of the item in the Goods and Special
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Services. When catalog pages are submitted, applicable items shall be clearly identified
and inapplicable data crossed out. The current revision, issue number, and date shall be
indicated on all Drawings and other descriptive data.
f. Contractor shall be solely responsible for the completeness of each submittal.
Contractor's stamp or affixed approval statement of a submittal is a representation to
Engineer that Contractor accepts sole responsibility for determining and verifying all
quantities, dimensions, field construction criteria, materials, catalog numbers, and similar
data, and that Contractor has reviewed and coordinated each submittal with the
requirements of the Goods and Special Services and the Contract Documents.
g. All deviations from the Contract Documents shall be identified as deviations on each
submittal and shall be tabulated in Contractor's letter of transmittal using Figure P-01300-
2. Such submittals shall, as pertinent to the deviation, indicate essential details of all
changes proposed by Contractor (including modifications to other facilities that may be a
result of the deviation) and all required piping and wiring diagrams.
h. (Optional Paragraph) The Contractor shall submit shop Drawings in either hard copy or
electronically. All submittals shall be made with the selected method, and the Contractor
shall inform the Engineer by letter 1 week after award of the Contract, which method has
been selected. Submittals made by any method other than that selected by the
Contractor, will be returned without review.
i. (Optional Paragraph) For hard copy submittals, 5 copies of each drawing and the
necessary data shall be submitted to Engineer. Engineer will return 2 marked copies (or 1
marked reproducible copy) to Contractor. Facsimile (fax) or electronic copies will not be
acceptable. Engineer will not accept submittals from anyone but Contractor. Submittals
shall be consecutively numbered in direct sequence of submittal and without division by
subcontracts or trades.
j. (Optional Paragraphs) For electronic submittals, drawings and the necessary data shall be
submitted electronically to Engineer as specified below. Submittal documents shall be in
black and white unless color is required for the review of the submittal. All electronic files
shall be in PDF as generated by Adobe Acrobat Professional latest version. The PDF file(s)
shall be fully indexed using the Table of Contents, searchable with thumbnails generated.
PDF images must be at a readable resolution. For most documents, they should be
scanned or generated at 300 dots per inch (dpi). Optical Character Recognition (OCR)
capture must be performed on these images so that text can be searched, selected and
copied from the generated PDF file. The PDF documents shall have a bookmark created
in the navigation frame for each major entry (“Section” or “Chapter”) in the Table of
Contents. Thumbnails shall be generated for each page or graphic in the PDF file. The
opening view for each PDF document shall be as follows:
1. Initial View: Bookmarks and Page
2. Magnification: Fit in Window
3. The file shall open to the Contractor’s transmittal letter, with bookmarks to the left.
The first bookmark shall be linked to the Table of Contents.
PDF document properties shall include the submittal number for the document title and
the Contractor’s name for the author.
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k. Electronic submittal file sizes shall be limited to 10 MB. When multiple files are required
for a submittal the least number of files possible shall be created.
l. The Contractor shall post submittals and retrieve the Engineer’s submittal review
comments through the Engineer’s (Consulting Engineer’s) Project website accessible
through the Internet. Instruction on procedures for posting and retrieving submittals will
be provided after award of the Contract.
m. Facsimiles (fax) will not be acceptable. Engineer will not accept submittals from anyone
but Contractor. Submittals shall be consecutively numbered in direct sequence of
submittal and without division by subcontracts or trades.
1.02 ENGINEER’S REVIEW OF SUBMITTALS.
a. Engineer's review of submittals covers only general conformity to the Drawings and
Specifications, external connections, and dimensions that affect the layout; it does not
indicate thorough review of all dimensions, quantities, and details of the material,
equipment, device, or item covered. Engineer's review shall not relieve Contractor of sole
responsibility for errors, omissions, or deviations in the Drawings and data, nor of
Contractor's sole responsibility for compliance with the Contract Documents.
b. Engineer's submittal review period shall be 21 consecutive Calendar Days and shall
commence on the first Calendar Day following receipt of the submittal or resubmittal in
Engineer's office. The time required to mail the submittal or resubmittal back to
Contractor shall not be considered a part of the submittal review period.
c. When the Drawings and data are returned with review status "NOT ACCEPTABLE" or
"RETURNED FOR CORRECTION," the corrections shall be made as instructed by Engineer.
If submittals are made in hard copy, 5 corrected copies shall be resubmitted. If submittals
are made electronically, the corrected Drawings and data shall be resubmitted through
the Project website. Resubmittals by facsimile or e-mail will not be accepted. When the
Drawings and data are returned with review status "EXCEPTIONS NOTED," "NO
EXCEPTIONS NOTED," or "RECORD COPY," no additional copies need be furnished unless
specifically requested by Engineer.
1.03 RESUBMITTAL OF DRAWINGS AND DATA.
a. Contractor shall accept full responsibility for the completeness of each resubmittal.
Contractor shall verify that all corrected data and additional information previously
requested by Engineer are provided on the resubmittal.
b. When corrected copies are resubmitted, Contractor shall direct specific attention to all
revisions in writing and shall list separately any revisions made other than those called for
by Engineer on previous submittals. Requirements specified for initial submittals shall also
apply to resubmittals. Resubmittals shall bear the number of the first submittal followed
by a letter (A, B, etc.) or a unique identification that indicates the initial submittal and
correct sequence of each resubmittal.
c. If more than 1 resubmittal is required because of failure of Contractor to provide all
previously requested corrected data or additional information, Contractor shall
reimburse Agency for the charges of Engineer for review of the additional resubmittals.
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This does not include initial submittal data such as shop tests and field tests that are
submitted after initial submittal.
d. (Optional Paragraph) Resubmittals shall be made within 30 Calendar Days of the date of
the letter returning the material to be modified or corrected, unless within 14 Calendar
Days Contractor submits an acceptable request for an extension of the stipulated time
period, listing the reasons the resubmittal cannot be completed within that time.
e. The need for more than 1 resubmittal, or any other delay in obtaining Engineer's review
of submittals, will not entitle Contractor to extension of the Contract Times unless delay
of the Work is the direct result of a change in the Work authorized by a Change Order or
failure of Engineer to review and return any submittal to Contractor within the specified
review period.
1.04 COLOR SELECTION.
b. Contractor shall submit samples of colors and finishes for all accepted products before
Engineer will coordinate the selection of colors and finishes with Agency. Engineer will
prepare a schedule of finishes that include the colors and finishes selected for both
manufactured products and for surfaces to be field painted or finished and will furnish
this schedule to Contractor within 60 Calendar Days after the date of acceptance of the
last color or finish sample.
1.05 OPERATION AND MAINTENANCE DATA AND MANUALS.
a. Adequate operation and maintenance information shall be supplied for all equipment
requiring maintenance or other attention. The equipment supplier shall prepare a Project
specific operation and maintenance manual for each type of equipment indicated in the
individual equipment sections or the equipment schedule.
b. (Optional Paragraph) Parts lists and operating and maintenance instructions shall be
furnished for other equipment not listed in the individual equipment sections or the
equipment schedule.
c. Operation and maintenance manuals shall include the following:
1. Equipment function, normal operating characteristics, and limiting conditions.
2. Assembly, installation, alignment, adjustment, and checking instructions.
3. Operating instructions for startup, routine and normal operation, regulation and
control, shutdown, and emergency conditions.
4. Lubrication and maintenance instructions.
5. Guide to troubleshooting.
6. Parts lists and predicted life of parts subject to wear.
7. Outline, cross section, and assembly drawings; engineering data; and wiring
diagrams.
8. Test data and performance curves, where applicable.
d. The operation and maintenance manuals shall be in addition to any instructions or parts
lists packed with or attached to the equipment when delivered, or which may be required
by Contractor.
e. (Optional Paragraph) Three hard copies of each manual shall be submitted to Engineer
prior to the date of shipment of the equipment. When the O&M manuals are returned
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with the review status "RETURNED FOR CORRECTION," the corrections shall be made as
instructed by the Engineer, and 2 copies of the corrected portion(s) and 1 complete
corrected copy of the O&M manual returned to the Engineer. After review by Engineer,
is complete 4 hard copies and 1 electronic copy of each operation and maintenance
manual shall be prepared and delivered to Engineer not later than 30 Calendar Days prior
to placing the equipment in operation. The electronic copy shall be submitted through
the Project website, and will be reviewed for content and organization and assigned a
review status by the Engineer. When corrections are required, a corrected version of the
electronic copy shall be resubmitted. Procedures for submission of the electronic copy
will be provided after award of the Contract. When review of the electronic copy by the
Engineer is complete, 3 copies of each electronic O&M manual shall be delivered on CD-
ROM to the Engineer. Each CD shall contain only 1 copy of 1 manual.
f. (Optional Paragraph) Manuals shall be submitted in electronic format to the Engineer
prior to the date of shipment of the equipment. The manuals shall be submitted and the
Engineer’s review comments retrieved, through the Project website accessible through
the Internet. Instruction on procedures for posting and retrieving O&M submittals and
review comments will be provided after award of the Contract. When the O&M manuals
are reviewed "RETURNED FOR CORRECTION,” the corrections shall be made as instructed
by the Engineer or Consulting Engineer, and corrected manuals resubmitted to the
Engineer or Consulting Engineer. When review by the Engineer is complete, 3 copies of
each electronic O&M manual shall be delivered on CD-ROM to the Engineer. Each CD shall
contain only 1 copy of 1 manual. Delivery of the final O&M shall be made 30 Calendar
Days prior to placing the equipment in operation.
g. All material shall be marked with Project identification, and inapplicable information shall
be marked out or deleted.
h. Shipment of equipment will not be considered complete until all required manuals and
data have been received.
1.06 HARD COPY OPERATIONS AND MAINTENANCE MANUALS.
a. Hard copies submitted for review shall be temporarily bound in heavy paper covers
bearing suitable identification. All manuals and other data shall be printed on heavy, first
quality 8 1/2 x 11 inch paper, with standard 3-hole punching. Drawings and diagrams shall
be reduced to 8 1/2 x 11 inches or 11 x 17 inches. Where reduction is not practicable,
larger drawings shall be folded separately and placed in envelopes, which are bound into
the manuals. Each envelope shall be suitably identified on the outside. Each volume
containing data for 3 or more items of equipment shall include a table of contents and
index tabs. The final hard copy of each manual shall be prepared and delivered in
substantial, permanent, 3-ring or 3-post binders in heavy paper covers with a table of
contents and suitable index tabs.
1.07 ELECTRONIC OPERATIONS AND MAINTENANCE MANUALS.
a. Electronic manuals shall be in Adobe Acrobat’s PDF and shall be prepared at a resolution
between 300 and 600 dpi, depending on document type. OCR capture shall be performed
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on these documents. OCR settings shall be performed with the “original image with
hidden text” option in Adobe Acrobat Exchange.
b. File size shall be limited to 10 MB. When multiple files are required the least number of
files possible shall be created. File names shall be in the format OMXXXXX-YYYZ-V.pdf,
where XXXXX is the 5-digit number corresponding to the specification section, YYY is a 3-
digit O&M manual number, e.g., 001, Z is the letter signifying a resubmittal, A, B, C, etc,
and V is a number used only when more than one 10 MB file is required for an O&M
manual.
c. Documents prepared in PDF format shall be processed as follows:
d. Pages shall be searchable (processed for optical character recognition) and indexed when
multiple files are required.
1. Of material to update the manual provided by the manufacturer. Pages shall be
rotated for viewing in proper orientation.
2. A bookmark shall be provided in the navigation frame for each entry in the Table of
Contents.
3. Embedded thumbnails shall be generated for each completed PDF file.
4. The opening view for PDF files shall be as follows:
5. Initial View: Bookmarks and Page
6. Page Number: Title Page (usually Page 1)
7. Magnification: Set to Fit in Window
8. Page: Single Page
9. Where the bookmark structure is longer than 1 page, the bookmarks shall be
collapsed to show the chapter headings only.
10. When multiple files are required the first file of the series (the parent file) shall list
every major topic in the Table of Contents. The parent file shall also include minor
headings bookmarked based on the Table of Contents. Major headings, whose
content is contained in subsequent files (children) shall be linked to be called from
the parent to the specific location in the child file. The child file shall contain
bookmark entries for both major and minor headings contained in the child file. The
first bookmark of any child file shall link back to the parent file and shall read as
follows "Return to the Equipment Name Table of Contents," e.g., Return to the
Polymer Feed System Table of Contents.
11. Drawings shall be bookmarked individually.
12. Files shall be delivered without security settings to permit editing, insertion and
deletion.
1.08 LABELING.
b. As a minimum, the following information shall be included on all final O&M manual
materials, including CD-ROM disks, jewel cases, and hard copy manuals:
Equipment name and/or O&M title spelled out in complete words.
Project Name.
Agency Project/Contract Number.
Specification Section Number. Example: “Section 15 55 00”.
Manufacturer’s name.
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File Name and Date.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
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01 33 00 CONSTRUCTION PROGRESS SCHEDULE
PART 2 EXECUTION
2-1.1 Preconstruction Meeting.
After, or upon, notification of Contract award, the Engineer will set the time and location for the
Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for
the management, administration, and execution of the Project is mandatory for the meeting to
be convened. Failure of the Contractor to have the Contractor’s responsible Project personnel
attend the Preconstruction Meeting will be grounds for default by Contractor per Supplemental
General Provisions Section 6-7. No separate payment will be made for the Contractor’s
attendance at the meeting. The Notice to Proceed will only be issued on or after the completion
of the Preconstruction Meeting.
2-1.2 Preparation and Review of the Baseline Construction Schedule.
The Contractor shall prepare the Baseline Construction Schedule as a CPM Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and 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 Schedule shall include detail of all Project phasing, staging,
and sequencing, including all milestones necessary to define beginning and ending of each phase
or stage.
2-1.2.1 Time-Scaled Network Diagram.
As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the
Engineer a complete time-scaled network diagram showing all of the activities, logic
relationships, and milestones comprising the schedule.
2-1.2.2 Tabular Listing.
As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the
Engineer a tabular listing of all of the activities, showing for each activity the identification
number, the description, the duration, the early start, the early finish, the late start, the late
finish, the total float, and all predecessor and successor activities for the activity described.
2-1.2.3 Bar Chart.
As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the
Engineer a chart showing individual tasks and their durations arranged with the tasks on the
vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns
or distinctive line types to show the Critical Path.
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2-1.2.4 Schedule Software.
The Contractor shall use commercially available software equal to the Windows compatible
“Suretrak” program by Primavera or “Project” program by Microsoft Corporation to prepare the
Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the
Agency a digital file with all network information contained on it, in a format readable by a
Microsoft Windows system. The Agency will use a “Suretrak,” “Project” or equal software
program for review of the Contractor’s schedule.
2-1.2.5 Schedule Activities.
Except for submittal activities, activity durations shall not be shorter than 1 Working Day nor
longer than 15 Working Days, unless specifically and individually allowed by the Engineer. The
Baseline Construction Schedule shall include between 100 and 500 activities, including
submittals, interfaces between utility companies and other agencies, Project milestones and
equipment and material deliveries. The number of activities will be sufficient, in the judgment of
the Engineer, to communicate the Contractor’s plan for Project execution, to accurately describe
the Project Work, and to allow monitoring and evaluation of progress and of time impacts. Each
activity’s description shall accurately define the work planned for the activity and each activity
shall have recognizable beginning and end points.
2-1.2.6 Float.
Float or slack time within the schedule is available without charge or compensation to whatever
party or contingency first exhausts it.
2-1.2.7 Restraints to Activities.
Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or
services, which may impact any activity’s construction shall be shown as a restraint to those
activities. Time periods to accommodate the review and correction of submittals shall be
included in the schedule.
2-1.2.8 Late Completion.
A Baseline Construction Schedule showing a Project duration longer than the specified Contract
duration will not be acceptable and will be grounds for determination of default by Contractor,
per Agency Supplemental General Provisions Section 6-4.
2-1.2.9 Early Completion.
The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the
Project for the entire contractual time span of the Project. Should the Contractor propose a
Project duration shorter than Contract duration, a complete Baseline Construction Schedule
must be submitted, reflecting the shorter duration, in complete accordance with all schedule
requirements of Agency Supplemental General Provisions Section 6-1. The Engineer may choose
to accept the Contractor’s proposal of a Project duration shorter than the duration specified;
provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and
the Agency and all other entities, public and private, which interface with the Project are able to
support the provisions of the shortened Baseline Construction Schedule. The Agency’s
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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.
2-1.2.10 Engineer’s Review.
The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination
that the Baseline Construction Schedule proposed by the Contractor complies with the
requirements of these supplemental provisions shall be a condition precedent to issuance of the
Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule
does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of
the Contractor to obtain the Engineer’s determination that the initial Construction Schedule
proposed by the Contractor complies with the requirements of these supplemental provisions
within 30 Working Days after the date of the Preconstruction Meeting shall be grounds for
termination of the Contract per Agency Supplemental General Provisions Section 6-4. Days used
by the Engineer to review the initial Construction Schedule will not be included in the 30 Working
Days.
The Engineer will review and return to the Contractor, with any comments, the Baseline
Construction Schedule within 15 Working Days of submittal. The Baseline Construction Schedule
will be returned marked as per Sections 2-1.2.10.1 through 2-1.2.10.3.
2-1.2.10.1 “Accepted”.
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed and
will receive payment for the schedule in accordance with Section 2-1.8.1.
2-1.2.10.2 “Accepted with Comments”.
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed. The
Contractor must resubmit the schedule incorporating the comments prior to receipt of payment
per Section 2-1.8.1.
2-1.2.10.3 “Not Accepted”.
The Contractor must resubmit the schedule incorporating the corrections and changes of the
comments prior to receipt of payment per Section 2-1.8.1. The Notice to Proceed will not be
issued by the Engineer if the changes of the comments are not submitted as required and marked
“Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of
the Engineer, may be considered as having defaulted the Contract under the provisions of
Supplemental General Provisions Section 2-7 TERMINATION OF THE CONTRACT FOR DEFAULT if
the changes of the comments are not submitted as required and marked “Accepted” by the
Engineer.
2-1.3 Preparation of Schedule Updates and Revisions.
The Contractor shall meet with the Engineer during the last week of each month to agree upon
each activity’s schedule status and shall submit monthly updates of the Baseline Construction
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Schedule confirming the agreements no later than the fifth Working Day of the following month.
The monthly update will be submitted on electronic media conforming to Section 6-1.3.3
Electronic Media per the submittal requirements of Section 1.05 (Electronic Progress Schedule
Format and Reporting) and will include each item and element of Sections 2-1.2 through 2-1.2.9
and 2-1.3.1 through 2-1.3.7.
2-1.3.1 Actual Activity Dates.
The actual dates each activity was started and/or completed during the month. After first
reporting an actual date, the Contractor shall not change that actual date in later updates without
specific notification to the Engineer with the update.
2-1.3.2 Activity Percent Complete.
For each activity underway at the end of the month, the Contractor shall report the percentage
determined by the Engineer as complete for the activity.
2-1.3.3 Electronic Media.
The schedule data disk shall be a digital file, labeled with the Project name and number, the
Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk
shall be readable by the software specified in Section 6-1.2.4 “Schedule Software” and shall be
free of file locking, encryption or any other protocol that would impede full access of all data
stored on it.
2-1.3.4 List of Changes.
A list of all changes made to the activities or to the interconnecting logic, with an explanation for
each change.
2-1.3.5 Change Orders.
Each monthly update will include the addition of the network revisions reflecting the Change
Orders approved in the previous month. The network revisions will be as agreed upon during the
review and acceptance of the Contractor’s Change Orders.
2-1.3.6 Bar Chart.
Each monthly update will include a chart showing individual tasks and their durations arranged
with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use
differing texture patterns or distinctive line types to show the Critical Path.
2-1.4 Engineer’s Review of Updated Construction Schedule.
The Engineer will review and return the Updated Construction Schedule to the Contractor, with
any comments, within 5 Working Days of submittal. The Updated Construction Schedule will be
returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule
marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the
Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted
Updated Construction Schedule to the Contractor, with any comments, within 5 Working Days.
Failure of the Contractor to submit a monthly Updated Construction Schedule will invoke the
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same consequences as the Engineer returning a monthly Updated Construction Schedule marked
“Not Accepted.”
2-1.4.1 “Accepted”.
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed, and
will receive payment for the schedule in accordance with Section 2-1.8.1.
2-1.4.2 “Accepted with Comments”.
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed. The
Contractor must resubmit the schedule incorporating the comments prior to receipt of payment
per Section 2-1.8.1.
2-1.4.3 “Not Accepted”.
The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating
the corrections and changes noted in the Engineer’s comments prior to receipt of payment per
Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having
defaulted the Contract under the provisions of Agency Supplemental General Provisions Section
6-7 TERMINATION OF THE CONTRACT FOR DEFAULT if the changes of the comments are not
submitted and marked “Accepted” by the Engineer before the last day of the month in which the
Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated
Construction Schedule as required the Contractor may elect to proceed with the Project at its
own risk. Should the Contractor elect not to proceed with the Project, any resulting delay, impact,
or disruption to the Project will be the Contractor’s responsibility.
2-1.5 Late Completion or Milestone Dates.
Should the Schedule Update indicate a completion or contractually required milestone date later
than the properly adjusted Contract or milestone duration, the Agency may withhold liquidated
damages for the number of Calendar Days late. Should a subsequent “Accepted” Schedule
Update remove all or a portion of the delay, all or the allocated portion of the previously held
liquidated damages shall be released in the monthly payment to the Contractor immediately
following the “Accepted” schedule.
2-1.6 Interim Revisions.
Should the actual or projected progress of the Work become substantially different from that
depicted in the Project Schedule, independently of and prior to the next monthly update, the
Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of
each change made to the schedule. The Revised Construction Schedule will be submitted per the
submittal requirements of Section 1.05 (Electronic Progress Schedule Format and Reporting) and
per the schedule review and acceptance requirements of Agency Supplemental General
Provisions Section 6-1, including but not limited to the acceptance and payment provisions. As
used in this section “substantially different” means a time variance greater than 5 percent of the
number of Calendar Days of duration for the Project.
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2-1.7 Final Schedule Update.
The Contractor shall prepare and submit a Final Schedule Update when 100% of the Construction
Work is completed. The Contractor’s Final Schedule Update must accurately represent the actual
dates for all activities. The Final Schedule Update shall be prepared and reviewed per Sections 6-
1.3. Preparation of Schedule Updates and Revisions and 6-1.4 Engineer’s Review of Updated
Construction Schedule. Acceptance of the Final Schedule Update is required for completion of
the Project and release of any and all funds retained per Section 9-3.2.
2-1.8 Measurement and Payment of Construction Schedule.
The Contractor’s preparation, revision and maintenance of the Construction Schedule are
incidental to the Work and no separate payment will be made for them.
END OF SECTION
01 41 26 PERMIT REQUIREMENTS Date Printed: March 29, 2024
Document Version: 1.0 Current Update: May 2023
Page 239
01 41 26 PERMIT REQUIREMENTS
PART 1 GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS.
a. The Contractor is responsible to obtain all local, state and federal permits and licenses
required to perform the Work. Payment for obtaining and complying with permits and
licenses including, but not limited to, general construction permits, building permits,
grading permits, encroachment permits, haul route permits, excavation permits, drilling
permits, water discharge permits, temporary easements, licenses, inspection fees, and
Federal, State and local taxes shall be borne by the Contractor and shall be included in
prices Bid for Work for which such costs are appurtenant.
b. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its
operations such as, but not limited to, permits required for sewage bypass pumping or
discharge; Night Work; overload; blasting or demolition or for any permit related to the
operation of equipment used in such Work.
c. The Contractor shall obtain and pay for all permits for the disposal of all waste or surplus
materials removed from the Project. The cost of the permit(s) shall be included in the
price for the Bid items requiring the permits and no additional compensation will be
allowed for them.
d. The Contractor shall provide a copy of the permit or license to the Agency prior to
performing the Work requiring the permit or license.
e. Contractor shall pay for all fees applicable to Contractor’s operations.
f. Contractor shall not begin Work until all permits applicable to the Work are obtained.
Permits shall be maintained in valid status until acceptance of the Work by the Agency.
g. The Contractor shall pay all business taxes or license fees that are required for the Work.
1. To the extent that there is a change in the type or cost of any permits, fees, licenses,
or inspections after Contract award, there shall be an equitable adjustment in the
Contract Price on account of such change under the Extra Work provisions.
2. The Contractor shall comply with and give notices required by Applicable Laws. The
Contractor is not entitled to damages or additional payment for delays attributable
to the acquisition of permits.
3. The Contractor shall pay the Agency for regulatory fees, fines, or penalties imposed
on the Agency arising from the Contractor’s failure to complete the Work in
accordance with the Contract Documents.
h. The Contractor shall obtain, pay for, and comply with required permits, licenses, work
permits, and authorizations from appropriate agencies, including the following:
1. Licenses
i. Before submitting Bids, Contractors shall be licensed in accordance with
provisions of Chapter 9, Division 3, of the Business and Professions Code.
ii. City of Carlsbad Business License.
2. State and Federal permits
i. Excavation and Dirt Moving Permit from Cal/OSHA
ii. Safety permit from California Division of Industrial Safety
01 41 26 PERMIT REQUIREMENTS Date Printed: March 29, 2024
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iii. NPDES General Permit for Storm Water Discharges Associated with Construction
and Land Disturbance Activities (Risk Level 2)
iv. NPDES Permit for discharge of hydrostatic test water and potable water
3. Resource Agency Permits:
i. California Coastal Commission Coastal Development Permit number 6-22-0152
issued on 7/18/2023.
4. Other permits
i. City Haul Route Permit
ii. Traffic Control Plan Permit
iii. Grading Permit
iv. Right of Way Permit
v. Oversize Load Permit
vi. Written authorization from private property owners for property utilized for
staging
i. The Agency will obtain for the Contractor, the following:
1. CEQA Initial Study/Mitigated Negative Declaration
2. Habitat Management Plan (HMP) Permit No. 2020-006
3. Hill Side Development Permit (HDP) No. 2020-0003
1.02 HAUL ROUTE PERMIT.
a. The Contractor shall prepare a Project specific haul route plan detailing the streets
intended for use in delivery of materials and import and export of soil. Contractor will be
limited to the routes approved by the City of Carlsbad according to the approved haul
route plan contained in the permit.
1.03 TRAFFIC CONTROL PLANS.
a. The Contractor shall prepare Project specific traffic control plans, and haul route plan and
use such plans to obtain a traffic control permit from the City of Carlsbad Development
Services Department.
1.05 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)/ GENERAL PERMIT.
A. Water Pollution Prevention. The Contractor shall plan for and implement temporary
construction BMPs to mitigate the water quality impacts of land disturbance and non-
storm water discharges related to construction activities in accordance the Agency’s
current Municipal Stormwater Permit and Carlsbad Municipal Code Chapter 15.12. BMPs
are the schedules of activities, prohibitions of practices, maintenance procedures and
other management practices employed during construction activities to prevent or
reduce pollution of bodies of water protected by the federal Clean Water Act (33 U.S.C. §
1251 et seq.) and the state Porter-Cologne Water Quality Control Act (Water Code, §
13000 et seq.), which include oceans, lagoons, lakes, streams and other sensitive water
bodies and water courses. Construction BMPs also include physical devices and structural
construction control measures designed to prevent soil erosion from occurring on the
Work Site, or that are designed to prevent sediment from leaving the Work Site, both of
which are referred to hereafter as “Water Pollution.” BMPs are also intended to protect
01 41 26 PERMIT REQUIREMENTS Date Printed: March 29, 2024
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Page 241
the health, safety and welfare of the public and to prevent damage to adjoining public
and private property resulting from construction activities.
B. Pollution prevention practices and the minimum BMPs are required during all 12 months
of the year. BMPs and other erosion control practices must be implemented as the most
important “first line of defense.” The Agency has adopted the CASQA ‘Stormwater Best
Management Practices Handbook: Construction,’ latest edition, as its preferred source
for adopting construction BMPs. All BMPs must correspond to the BMP Fact Sheets
included in the CASQA Construction Handbook. With the approval of the Engineer, or
designee, the Agency may accept comparable BMPs from reputable alternative sources.
As used in this section, “Engineer” shall have the same meaning as “Construction
Manager.”
C. The Contractor shall utilize the Agency’s Tier 1 or Tier 2 SWPPP templates and include all
applicable elements provided in the template. The SWPPP templates are available on the
Agency’s website at [PROJECT ENGINEER insert website address here]. Tier 1 and Tier 2
SWPPP templates include standard storm water prevention construction notes, a Project
information block, a Storm Water Compliance Statement, Agency approval block and a
BMP Checklist Table. The BMP Checklist Table is intended to help the Contractor select
appropriate BMPs best suited to the Project and the Work. Additionally, the SWPPP shall
include a Site plan showing the proposed Project Site and depicting the areas of proposed
construction and proposed locations of construction BMPs. The Tier 1 and Tier 2 SWPPP
plans shall be submitted as additional sheets to the construction plan set.
D. The Engineer may require Contractor to adopt additional BMPs if the Engineer determines
the selected BMP(s) are ineffective or incapable of preventing Water Pollution from
escaping the Work site. Tier 1 and Tier 2 SWPPPs must be combined with proper and
timely installation of the BMPs, thorough and frequent inspections, maintenance, and
documentation. The Contractor shall ensure that the selected BMPs are appropriately
incorporated into the Site design and, if required by the Engineer, must employ a qualified
professional to ensure proper installation and maintenance of the BMPs.
E. The Engineer may suspend the Work, consistent with Supplemental General Provisions
Section 6-6, at the Contractor’s cost, that create Water Pollution or otherwise violate
water quality standards required by the federal Clean Water Act (33 U.S.C. § 1251 et seq.)
and the state Porter-Cologne Water Quality Control Act (Water Code, § 13000 et seq.) if
the Engineer determines that the Contractor has failed to satisfy all requirements of this
section. If the Contractor violates any provisions of this subsection, or if Water Pollution
occurs in the Work Site for any reason, the Contractor shall immediately notify the
Engineer.
F. The Contractor shall immediately notify the Agency if there is a non-stormwater discharge
to the storm drain conveyance system resulting from the Work or Project-related
activities. In addition, the Contractor shall, within 24 hours, submit a written report to the
Engineer describing the incident and corrective actions taken. If for any reason the
Engineer detects Water Pollution, before notification by the Contractor, this written
report shall also include an explanation of why the Contractor had not timely notified the
Engineer.
01 41 26 PERMIT REQUIREMENTS Date Printed: March 29, 2024
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G. Implementation Costs. Preparation, implementation and management of Water Pollution
prevention activities are incidental to the items of Work and Agency shall not make
additional payment to Contractor for these costs.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: March 29, 2024
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Page 243
01 50 00 TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL
1.03 WATER.
a. All water required for and in connection with the Work to be performed shall be provided
by and at the expense of Contractor. No separate payment for water used or required will
be made and all costs in connection with the water shall be included in the Bid.
1.04 POWER.
a. Contractor shall provide all power for heating, lighting, operation of Contractor's plant or
equipment, or for any other use by Contractor. Temporary heat and lighting shall be
maintained until the Work is accepted.
b. These provisions shall not be construed as a guarantee by Agency of the uninterrupted
continuation of power, and interruptions beyond the control of Agency shall not be
reason for claims for additional costs nor for extensions of time. Contractor shall provide,
at no additional cost to Agency, any necessary power required for prosecution of the
Work during such interruptions.
1.05 SANITARY FACILITIES.
a. Contractor shall furnish temporary sanitary facilities at the Site, as provided in the
Contract, for the needs of all construction workers and others performing Work or
furnishing services on the Project.
b. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the
construction period, and obscured from public view to the greatest practical extent. If
toilets of the chemically treated type are used, at least 1 toilet will be furnished for each
20 persons. Contractor shall enforce the use of such sanitary facilities by all personnel at
the Site.
1.07 CONSTRUCTION AIDS.
a. Contractor shall furnish, install, maintain, and operate all construction aids required by it
and its Subcontractors in the performance of the Work, except as otherwise provided in
the Contract.
b. Contractor under Contract shall provide construction aids necessary for the performance
of Work by other Contractors on the Project. Such construction aids shall be suitable for
conditions encountered and shall include:
1. Elevators and hoists
2. Cranes
3. Temporary enclosures
4. Swing staging
5. Scaffolding
6. Temporary stairs
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1.08 MAINTENANCE OF TRAFFIC.
a. Contractor shall conduct its Work to interfere as little as possible with public travel,
whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close
roads, driveways, and walks, whether public or private, Contractor shall provide and
maintain suitable and safe bridges, detours, or other temporary expedients for the
accommodation of public and private travel, and shall give reasonable notice to owners
of private drives before interfering with them. Such maintenance of traffic will not be
required when Contractor has obtained permission from the Agency and tenant of private
property, or from the authority having jurisdiction over public property involved, to
obstruct traffic at the designated point.
b. In making open-cut street crossings, Contractor shall not block more than one-half of the
street at a time. Whenever possible, Contractor shall widen the shoulder on the opposite
side to facilitate traffic flow. Temporary surfacing shall be provided as necessary on
shoulders.
c. Temporary Bridges. Contractor shall construct substantial bridges at all points where it is
necessary to maintain traffic across pipeline construction. Bridges in public streets, roads,
and highways shall be acceptable to the authority having jurisdiction thereover. Bridges
erected in private roads and driveways shall be adequate for the service to which they
will be subjected. Bridges shall be provided with substantial guardrails and with suitably
protected approaches. Foot bridges shall be at least 4 feet wide, provided with handrails
and uprights of dressed lumber. Bridges shall be maintained in place as long as the
conditions of the Work require their use for safety of the public. When necessary for the
proper prosecution of the Work in the immediate vicinity of a bridge, the bridge may be
relocated or temporarily removed for such period as Engineer may permit.
d. Detours. Where required by the authority having jurisdiction thereover that traffic be
maintained over any Construction Work in a public street, road, or highway, and the
traffic cannot be maintained on the alignment of the original roadbed or pavement,
Contractor shall, at its own expense, construct and maintain a detour around the
Construction Work. Each detour shall include a bridge across the pipe trench and all
necessary barricades, guardrails, approaches, lights, signals, signs, and other devices and
precautions necessary for protection of the Work and safety of the public.
1.09 BARRICADES AND LIGHTS.
a. All streets, roads, highways, and other public thoroughfares which are closed to traffic
shall be protected by effective barricades on which shall be placed acceptable warning
signs. Barricades shall be located at the nearest intersecting public highway or street on
each side of the blocked section.
b. All open trenches and other excavations shall have suitable barricades, signs, and lights
to provide adequate protection to the public. Obstructions, such as material piles and
equipment, shall be provided with similar warning signs and lights.
c. All barricades and obstructions shall be illuminated with warning lights from sunset to
sunrise. Material storage and conduct of the Work on or alongside public streets and
highways shall cause the minimum obstruction and inconvenience to the traveling public.
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d. All barricades, signs, lights, and other protective devices shall be installed and maintained
in conformity with applicable statutory requirements and, where within railroad and
highway rights-of-way, as required by the authority having jurisdiction thereover.
1.10 FENCES.
a. All existing fences affected by the Work shall be maintained by Contractor until
completion of the Work. Fences which interfere with construction operations shall not be
relocated or dismantled until written permission is obtained from the owner of the fence,
and the period the fence may be left relocated or dismantled has been agreed upon.
Where fences must be maintained across the construction easement, adequate gates
shall be installed. Gates shall be kept closed and locked at all times when not in use.
b. On completion of the Work across any tract of land, Contractor shall restore all fences to
their original or to a better condition and to their original locations.
1.11 PROTECTION OF PUBLIC AND PRIVATE PROPERTY.
a. Contractor shall protect, shore, brace, support, and maintain all underground pipes,
conduits, drains, and other underground construction uncovered or otherwise affected
by its construction operations. All pavement, surfacing, driveways, curbs, walks, buildings,
utility poles, guy wires, fences, and other surface structures affected by construction
operations, together with all sod and shrubs in yards, parkways, and medians, shall be
restored to their original condition, whether within or outside the easement. All
replacements shall be made with new materials.
b. (Specifier. Where large trees are within or near the construction easement designate
whether or not Contractor will be allowed to remove them.) (Optional Paragraph) No
trees shall be removed outside the permanent easement, except where authorized by the
Engineer or Consulting Engineer. Whenever practicable, Contractor shall tunnel beneath
trees in yards and parking lots when on or near the line of trench. Hand excavation shall
be employed as necessary to prevent injury to trees. Trees left standing shall be
adequately protected against damage from construction operations.
c. (Optional Paragraph) Contractor shall be responsible for all damage to streets, roads,
highways, shoulders, ditches, embankments, culverts, bridges, and other public or private
property, regardless of location or character, which may be caused by transporting
equipment, materials, or workers to or from the Work Site or any part of it, whether by
Contractor or its Subcontractors. Contractor shall make satisfactory and acceptable
arrangements with the owner of, or the agency or authority having jurisdiction over, the
damaged property concerning its repair or replacement or payment of costs incurred in
connection with the damage.
d. (Optional Paragraph) All fire hydrants and water control valves shall be kept free from
obstruction and available for use at all times.
1.12 DAMAGE TO EXISTING PROPERTY.
a. Contractor will be held responsible for any damage to existing structures, Work,
materials, or equipment because of its operations and shall repair or replace any
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Page 246
damaged structures, Work, materials, or equipment to the satisfaction of, and at no
additional cost to, Agency.
b. Contractor shall protect all existing structures and property from damage and shall
provide bracing, shoring, or other work necessary for such protection.
c. (Optional Paragraph) Contractor shall be responsible for all damage to streets, roads,
curbs, sidewalks, highways, shoulders, ditches, embankments, culverts, bridges, or other
public or private property, which may be caused by transporting equipment, materials, or
workers to or from the Work Site. Contractor shall make satisfactory and acceptable
arrangements with the agency having jurisdiction over the damaged property concerning
its repair or replacement.
1.13 TREE AND PLANT PROTECTION.
a. All trees and other vegetation which must be removed to perform the Work shall be
removed and disposed of by Contractor; however, no trees or cultured plants shall be
unnecessarily removed unless their removal is indicated on the Drawings. All trees and
plants not removed shall be protected against injury from construction operations.
b. Trees considered by Engineer to have any significant effect on construction operations
are indicated on the Drawings and those which are to be preserved are so indicated.
c. Contractor shall take extra measures to protect trees designated to be preserved, such as
erecting barricades, trimming to prevent damage from construction equipment, and
installing pipe and other Work by means of hand excavation or tunneling methods. Such
trees shall not be endangered by stockpiling excavated material or storing equipment
against their trunks.
d. When injuring or removal of trees designated to be preserved cannot be avoided, or when
removal and replacement is indicated on the Drawings, each tree injured beyond repair
or removed shall be replaced with a similar tree of the nearest size possible.
e. All trimming, repair, and replacement of trees and plants shall be performed by qualified
nursery workers or horticulturists.
1.14 SECURITY.
a. Contractor shall be responsible for protection of the Site, and all Work, materials,
equipment, and existing facilities thereon, against vandals and other unauthorized
persons.
b. No claim shall be made against Agency by reason of any act of an employee or trespasser,
and Contractor shall make good all damage to Agency’s property resulting from
Contractor's failure to provide security measures as specified.
c. Security measures shall be at least equal to those usually provided by Agency’s to protect
Agency’s existing facilities during normal operation, but shall also include such additional
security fencing, barricades, lighting, watchman services, and other measures as required
to protect the Site
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1.15 ACCESS ROADS.
a. Contractor shall establish and maintain temporary access roads to various parts of the
Site as required to complete the Project. Such roads shall be available for the use of all
others performing work or furnishing services in connection with the Project.
1.16 PARKING.
a. Contractor shall provide and maintain suitable parking areas for the use of all workers
and others performing Work or furnishing services in connection with the Project, as
required to avoid any need for parking personal vehicles where they may interfere with
public traffic, Agency’s operations, or construction activities.
1.17 NOISE CONTROL.
a. Contractor shall take reasonable measures to avoid unnecessary noise. Such measures
shall be appropriate for the normal ambient sound levels in the area during working
hours. All construction machinery and vehicles shall be equipped with practical sound-
muffling devices and operated in a manner to cause the least noise consistent with
efficient performance of the Work.
b. During construction activities on or adjacent to occupied buildings, and when
appropriate, Contractor shall erect screens or barriers effective in reducing noise in the
building and shall conduct its operations to avoid unnecessary noise which might interfere
with the activities of building occupants.
1.18 DUST CONTROL.
a. Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces
subject to dusting shall be kept moist with water or by application of a chemical dust
suppressant. When practicable, dusty materials in piles or in transit shall be covered to
prevent blowing dust.
b. Buildings or operating facilities which may be affected adversely by dust shall be
adequately protected from dust. Existing or new machinery, motors, instrument panels,
or similar equipment shall be protected by suitable dust screens. Proper ventilation shall
be included with dust screens.
1.19 TEMPORARY DRAINAGE PROVISIONS.
a. Contractor shall provide for the drainage of storm water and such water as may be applied
or discharged on the Site in performance of the Work. Drainage facilities shall be
adequate to prevent damage to the Work, the Site, and adjacent property.
b. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as
necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall
be constructed as necessary to divert increased runoff from entering adjacent property
(except in natural channels), to protect Agency’s facilities and the Work, and to direct
water to drainage channels or conduits. Ponding shall be provided as necessary to prevent
downstream flooding.
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Page 248
1.20 EROSION CONTROL.
a. Contractor shall prevent erosion of soil on the Site and adjacent property resulting from
its construction activities. Effective measures shall be initiated prior to the
commencement of clearing, grading, excavation, or other operation that will disturb the
natural protection.
b. Work shall be scheduled to expose areas subject to erosion for the shortest possible time,
and natural vegetation shall be preserved to the greatest extent practicable. Temporary
storage and construction buildings shall be located, and construction traffic routed, to
minimize erosion. Temporary fast-growing vegetation or other suitable ground cover shall
be provided as necessary to control runoff.
1.21 POLLUTION CONTROL.
a. Contractor shall prevent the pollution of drains and watercourses by sanitary wastes,
sediment, debris, and other substances resulting from construction activities. No sanitary
wastes shall be permitted to enter any drain or watercourse other than sanitary sewers.
No sediment, debris, or other substance shall be permitted to enter sanitary sewers, and
reasonable measures shall be taken to prevent such materials from entering any drain or
watercourse.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
Appendix E
CARB Fleet Compliance Certification
Appendix A
City Attorney Approved Version 12/14/2023
DISCLOSURE & SUBMITTAL REQUIREMENT
VEHICLE EMISSION DISCLOSURE & COMPLIANCE REQUIREMENT.
This Project is subject to the following regulation(s) by the California Air Resources Board. In
bidding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of
complying with all equipment and vehicle emission requirements under this Contract and
applicable law in its Bid.
ADVANCED CLEAN FLEETS.
Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty
package delivery vehicles operated in California may be subject to the California Air Resources
Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to
requirements to reduce emissions of air pollutants. For more information, please visit the CARB
Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-
fleets.
Bidders utilizing subcontractors shall provide a signed certificate of reported compliance for each
listed subcontractor in the space provided in the Proposed Subcontractors form. Bidders, and its
subcontractors must be registered as compliant fleets at the time of bid submittal. In the event
that a bidder, or its subcontractors, are exempt from this regulation, the bidder must submit a
signed statement attesting to the fact, and to the reason(s) why it is not subject to the High Priority
and Federal Fleets Regulation of Title 13, CCR Section 2015 through 2015.6 and the State and
Local Government Fleets Regulation of Title 13, CCR Section 2013 through 2013.4.
Failure to certify as a compliant fleet or provide an attestation to an exemption, may render
the bid non-responsive.
IN-USE OFF-ROAD DIESEL-FUELED FLEETS.
Any contractor utilizing off highway vehicles or equipment may be subject to compliance with the
In-Use Off-Road Diesel-Fueled Fleets Regulation. For more information, please visit the CARB
In-Use Off-Road Diesel-Fueled Fleets Regulation webpage at: https://ww2.arb.ca.gov/our-
work/programs/use-road-diesel-fueled-fleets-regulation.
Bidders shall submit with its Bid a valid California Air Resources Board certificate of reported
compliance. Bidders utilizing subcontractors shall submit the DOORS ID number for each listed
subcontractor in the space provided in the Proposed Subcontractors form. Bidders are
responsible for including a certificate of reported compliance for each identified subcontractor.
Failure to submit valid certificates may render the bid non-responsive.
GENERAL COMPLIANCE WITH LAWS.
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
City Attorney Approved Version 12/14/2023
Contractor is aware of the requirements of the emissions reduction regulations being mandated
by the California Air Resources Board (“CARB”) and that it will comply with all applicable
regulations before commencing the performance of the work and maintain compliance throughout
the duration of this Agreement.
CALIFORNIA AIR RESOURCES BOARD.
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road
Diesel- Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and
apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other
forms of equipment used in California. A copy of the Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf
Bidders are required to comply with all CARB and Regulation requirements, including, without
limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code
of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide,
with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid
Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs
as required herein may render the Bid non-responsive.
The City of Carlsbad is a Public Works Awarding Body, as that term is defined under Title 13
California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their
Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet, and for the fleets
of any listed subcontractors (including any applicable leased equipment or vehicles). Bidders must
complete and submit the Fleet Compliance Certification, on the form provided. Failure to provide
a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance
Certification, may render the Bid non-responsive.
COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable
requirements of the most current version of the California Air Resources Board (“CARB”)
regulations including, without limitation, all applicable terms of Title 13, California Code of
Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for
inspection and copying any and all documents or information associated with Contractor’s and
subcontractors’ fleet including, without limitation, Certificates of Reported Compliance (“CRC”),
fuel/refueling records, maintenance records, emissions records, and any other information the
Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2)
calendar days’ notice from the City of Carlsbad.
Contractor shall be solely liable for any and all costs associated with complying with the
Regulation as well as for any and all penalties, fines, damages, or costs associated with any and
all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and
hold harmless the City of Carlsbad, its officials (appointed and elected), officers, and employees
from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure
to comply with the Regulation.
City Attorney Approved Version 12/14/2023
FLEET COMPLIANCE CERTIFICATION.
Bidder hereby acknowledges that they have reviewed the CARB’s policies, rules
and regulations and are familiar with the requirements of Title 13, California Code
of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the
“Regulation”). Bidder hereby certifies, subject to the penalty of perjury, that the
option checked below relating to the Bidder’s fleet, and/or that of their
subcontractor(s) (“Fleet”) is true and correct:
□ The Fleet is subject to the requirements of the Regulation, and the
appropriate Certificate(s) of Reported Compliance have been attached
hereto.
□ The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and
a signed description of the subject vehicles, and reasoning for exemption
has been attached hereto.
□ Bidder and/or their subcontractor is unable to procure R99 or R100
renewable diesel fuel as defined in the Regulation pursuant to Section
2449.1(f)(3). Bidder shall keep detailed records describing the normal
refueling methods, their attempts to procure renewable diesel fuel and
proof that shows they were not able to procure renewable diesel (i.e.,
third party correspondence or vendor bids).
□ The Fleet is exempt from the requirements of the Regulation pursuant to
Section 2449(i)(4) because this Project has been deemed an
“emergency”, as that term is defined in Section 2449(c)(18). Bidder shall
only operate the exempted vehicles in the emergency situation and
records of the exempted vehicles must be maintained, pursuant to
Section 2449(i)(4).
□ The Fleet does not fall under the Regulation or are otherwise exempt and
a detailed reasoning is attached to this certification.
Name of Bidder:
Signature:
Name:
Title:
Date: