HomeMy WebLinkAboutL.C. Paving & Sealing Inc; 2023-06-27; PWS23-2182TRAN
00 01 01 TITLE PAGE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
CITY OF CARLSBAD
CONTRACT DOCUMENTS
FOR:
Tamarack Avenue Traffic Calming Project
Project No.6070
PWS23-2182TRAN
1635 Faraday Ave, Carlsbad, CA 92008
Email: PWContractAdmin@carlsbadca.gov
TABLE OF CONTENTS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Table of Contents
SECTION 1 ....................................................................................................................................... 4
00 52 00 CONTRACT .................................................................................................................... 4
00 54 00 DESIGNATED SUBCONTRACTORS FORM ...................................................................... 9
00 61 10 LABOR AND MATERIALS BOND .................................................................................. 11
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND ................................................... 14
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS ...................................................... 17
INTRODUCTION ..................................................................................................................... 17
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS ................................................. 104
INTRODUCTION ................................................................................................................... 104
PART 2 CONSTRUCTION MATERIALS ................................................................................... 104
PART 3 CONSTRUCTION METHODS ..................................................................................... 113
PART 4 EXISTING IMPROVEMENTS ...................................................................................... 119
PART 7 STREET LIGHTING AND TRAFFIC SIGNAL IMPROVEMENTS ..................................... 124
SECTION 2 ................................................................................................................................... 127
01 11 00 SUMMARY OF WORK ................................................................................................ 127
PART 1 GENERAL ............................................................................................................ 127
01 11 20 MEASUREMENT AND PAYMENT .............................................................................. 128
PART 1 GENERAL ............................................................................................................ 128
01 32 00 SUBMITTALS ............................................................................................................. 137
PART 1 GENERAL .................................................................................................................. 137
01 33 00 CONSTRUCTION PROGRESS SCHEDULE .................................................................... 143
TABLE OF CONTENTS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
PART 1 GENERAL .................................................................................................................. 143
PART 2 EXECUTION .............................................................................................................. 153
01 41 26 PERMIT REQUIREMENTS .......................................................................................... 159
PART 1 GENERAL .................................................................................................................. 159
01 50 00 TEMPORARY FACILITIES AND CONTROLS ................................................................. 163
PART 1 GENERAL .................................................................................................................. 163
SECTION 1
00 52 00 CONTRACT
In accordance with the Proclamation of Bicycle, E-Bicycle and Motorized Mobility Device Safety
Local Emergency declared in the City of Carlsbad, California on August 23, 2022, ratified by the
City Council on August 30, 2022, and extended on March 21, 2023, and Carlsbad Municipal Code
§§ 3.28.110 and 3.28.120, this Project No. 6070 ("Contract") is made and entered into this i:Jt-1"-' day of 1Jlt\\f\P:' , 2023, by and between the City of
Carlsbad, a municipal corporation ("Agency"), and L.C. Paving & Sealing, Inc., a California
corporation ("Contractor"), whose principal place of business is 620 Alpine Way, Escondido,
California 92029.
The parties agree:
1. SCOPE OF WORK.
The Contractor sha ll 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: Tamarack Avenue Traffic Calming Project
The Contractor and its surety shall be liable to the Agency for any damages arising as a result of
the Co ntractor's failure to co mply 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 sha ll 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 one hundred ninety-two thousand one
hundred eighty dollars ($192,180). 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. Final payment shall be determined by the Engineer from measured
quantities of Work performed based upon the Unit Price. The Agency shall withhold retention as
required by Public Contract Code Section 9203.
00 52 00 CONTRACT
Document Version: 1.0
Page 4 of 164
Date Printed: May 16, 2023
Current Update: October 2022
00 52 00 CONTRACT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 5 of 164
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.
Tamarack Ave Traffic Calming Project
Item
No. Item Description
Estimated
Quantity Unit Unit Price Item Cost
1 Mobilization and Demobilization 1 LS $25,800.00
2 Storm Water Pollision Prevention and Erosion
Control
1 LS $5,130.00
3 Record Drawings 1 LS $12,500.00
4 Traffic Control Plan & Traffic Control
Implementation
1 LS $16,300.00
5 Clearing and Grubbing 1 LS $22,000.00
6 Asphalt Concrete Raised Crosswalk 3 EA $14,900.00 $44,700.00
7 Asphalt Concrete Speed Table 2 EA $9,550.00 $19,100.00
8 Asphalt Concrete for Existing Ramp Leveling 2 TON $1,625.00 $3,250.00
9 Trucated Domes (3' x 10;) 6 EA
$1,280.00
$7,680.00
10 4" x 8" rectangule metal culvert 65 LF
$110.00
$7,150.00
11 3" PVC pipe 20 LF
$23.50
$470.00
12 Signing and Striping 1 LS
$18,700.00
13 Rectangular Rapid Flashing Beacon (RRFB) 2 EA
$4,700.00
$9,400.00
Total Cost
$192,180.00
4. LIQUIDATED DAMAGES.
In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay
the Agency the sum set forth in Section 00 73 00 Supplemental General Provisions for each and
every Calendar Day of delay beyond the time of completion prescribed in this Contract as
Liquidated Damages and not as a penalty or forfeiture. If this sum is not paid, the Contractor
agrees the Agency may deduct that amount from any money due or that may become due the
00 52 00 CONTRACT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 6 of 164
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 52 10 Contract
● 00 43 30 Proposed Subcontractors
● 00 61 10 Labor and Materials Bond
● 00 61 20 Faithful Performance and Warranty Bond
● 00 73 00 Supplemental General Provisions
● Technical Specifications for the Project
● Plans and Drawings
● Permits
● 00 74 00 Supplemental Technical Provisions
● “Standard Specifications and Drawings,” as last revised
● Standard Specifications for Public Works Construction “Greenbook,” latest edition and
including all errata
o Part 1 General Provisions
o Part 2 to Part 8 (Construction Materials, Construction Methods, Existing
Improvements, Pipeline System Rehabilitation, Temporary Traffic Control, Street
Lighting and Traffic Signal Systems, Landscaping and Irrigation)
● Standard Plans for Public Works Construction, latest edition and including all errata
● Applicable Local Agency Standards and Specifications, as last revised
● Approved and fully executed change orders
● Any other documents contained in or incorporated by reference into the Contract
Documents
The Contractor shall complete the Work in strict accordance with the Contract Documents. The
requirements of the various sections or documents comprising the Contract Documents are
intended to be complementary. Work required by 1 of the Contract Documents and not by others
shall be done as if required by all. This Contract shall supersede any prior agreement of the
parties.
6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Every provision of law required to be included in these Contract Documents shall be deemed to
be included in these Contract Documents. The Contractor shall comply with all requirements of
applicable federal, state and local laws, rules and regulations, including, but not limited to, the
provisions of the Labor Code and Public Contract Code which are applicable to the Work.
00 52 00 CONTRACT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 7 of 164
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.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
(CORPORATE SEAL)
CONTRACTOR
By:
sign here)
Ci
By:
~e ~b,,.,.,,_> ~,./~qi
(print name/title) Seclf
ATTEST:
By:
(sign here) 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 8 of 164
Date Printed May 16. 2023
Current Update: October 2022
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
before me, Marisa Haas, Notary Public
(insert name and title of the officer)
personally appeared _J_o_s_e_A_._S_a_l_in_a_s ____________________ _
who proved to me on the basis of satisfactory evidence to be the person~ whose nameC,, is/~
subscribed to the within instrument and acknowledged to me that he/~e/tt;,ey executed the same in
his/~r/tt)eir authorized capacity(je"s), and that by his/~r/~ir signatureVJ) on the instrument the
person~, or the entity upon behalf of which the person~ 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. r-~~-~-~-
IMRISA Al-Pl HMS
Signa~ (Seal)
I-Notary Public Cahform1
San 01,ao County !
Cc111m1!s1or II 2306519 -
Co"' •p 24, 2023
00 54 00 PROPOSED SUBCONTRACTORS FORM Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 9 of 164
00 54 00 DESIGNATED SUBCONTRACTORS FORM
NAME OF PROJECT: Tamarack Avenue Traffic Calming Project
CONTRACT NO.: PWS23-2182TRAN
PROJECT NO.: 6070
NAME OF CONTRACTOR: L.C. Paving & Sealing, Inc.
Set forth below is the full name and location of the place of business of each sub-contractor
whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one
percent of the total bid, and the portion of the Project which will be done by each sub-contractor
for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of
the Project to be performed under the contract in excess of one-half of one percent of
the bid, the contractor shall be deemed to have agreed to perform such portion, and
that the Contractor shall not be permitted to sublet or subcontract that portion of the
work, except in cases of public emergency or necessity, and then only after a finding,
reduced in writing as a public record of the Awarding Authority, setting forth the facts
constituting the emergency or necessity in accordance with the provisions of the
Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California
Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
00 61 10 LABOR AND MATERIALS BOND Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 12 of 164
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]
Executed by PRINCIPAL this \ 2
day of JCA.V\ t , 20 7>.
PRINCIPAL:
(name
Jo<t-S,Lt"as, le~~
(print name here)
(title and organization of signatory)
Executed by SURETY this 8th day
of June 20_1L.
SURETY:
Developers Surety and Indemnity Company
(name of Surety)
800 Superior Avenue E., 21st Floor, Cleveland, OH 44114
(address of Surety)
(866) 363-2642
(telephone number of Surety)
Lawrence F. McMahon, 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,
END OF SECTION
00 6110 LABOR AND MATERIALS BOND
Document Version: 1.0
Page 13 of 164
Date Printed: May 16, 2023
Current Update: October 2022
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 j \AY\e. \ ~ \ l{)Z.,:S before me, Marisa Haas, Notary Public
(insert name and title of the officer)
personally appeared _J_o_s_e_A_._S_a_li_n_a_s ____________________ _
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 a
(Seal)
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 June 8, 2023 before me, Minna Huovila, Notary Public
(insert name and title of the officer)
personally appeared Lawrence F. McMahon
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~J'.y (Seal)
! ....... •
~ . (,) . , L .. ,
MINNA HUOVILA I
COMM. #2313883 n
NOTARY PUBLIC-CALIFORNIA ~
SAN DIEGO COUNTY ~
My Commission Elcplres I
DECEMBER 6, 2023 _ •
POWER OF ATTORNEY FOR
COREPOINTE INSURANCE COMPANY
DEVELOPERS SURETY AND INDEMNITY COMPANY
59 Maiden Lane. 43rd Floor. New York, NY 10038
(212) 220-7120
KNOW ALL BY THESE PRESENTS that. except as expressly limited herein. COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND
INDEMNITY COMPANY, do hereby make. constitute and appoint.
_L_a_w_r_en_ce_F_._M_c_M_a_h_o_n_, J_o_h_n_R_._a_u_a_lin_,_s_a_ra_h_M_ye_rs_._T_a_ra_B_ac_o_n_. _M_a_ria_H_a_llm_ar_k_a_n_d_M_in_n_a_H_u_o_v_Ha ___ , or San Diego, CA
as its true and lawful Attorney-in-Fact, to make, execute. deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts
of suretyship giving und granting unto said Attorney-in-Fact lull power and au1honty to do and to perfonn every act nL-ccssary, requisite or proper to be done 111
connection therewith as each of said company could do, but reserving to each or said company full power of substitution and revocation. and all of the acts of said
Attorney-in-r-act, pursuant to these presents, are hereby ratified and confirmed. 111is Power of Attorney is effective June 1, 2023 and
shall expire on December 31, 2025
This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors ofCOREPOINTE INSURANCE
COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collee11vely. "Company'") on February 10, 2023
RESOLVED. tha1 Sam Zaza President Surety Underwriting. James Bell Vice President Surety Underwriting. and Crmg Dawson Executive Underwriter
~-each an employee of AmTnist North America, Inc .. an affiliate of the Company (lhe "Authorized Signors"), are hereby aulhonzcd to execute a Power
of Attorney. qualifying atlorncy(s)-in-fact named in the Power of Attorney to execute. on behalf of the Company, bonds, undertakings and contracts of
suretyship, or olher surctyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is. authorized to anest
the e~eeution of any such Power of Attorney.
RESOLVED. that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company
must be aflixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attomey shall be valid and
binding upon the Company when so affixed and in the future with respect to any bond, undcrtakmg or contract of suretysh1p to which ii is attached.
IN WITNF,SS WHEREOF. COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be
signed by the Authoril'l!d Signor and attested by their Secretary or Assistant Secretary this March 27 2023
~~medN,~
f1tlc: President, Surety Underwriting
ACKNOWLEDGEMENT:
A notary public or other officer completing this certificate veri lies 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 or, California -------------COUNTY OF _O_r_ai~,g~e _______ _
On this n._ day of March , 2011_, before me. 1-loang-Quycn Phu Pham • personally appeared _S~a_m~Z_aza ________ _
who proved to me on the basis of satisfactory evidence lo be the person whose name is subscribed to within the instrument and acknowledged to me that they executed
the same in their authorized capacity. and that by the signature on the mslnunent the ent1t1~s upon behalf which the person acted. executed this instrument.
I cerufy. under penalty ofpcrjwy. under the laws of the State of_C=a=l~1fo=r~n=rn~--------that the foregoing paragraph is true and correct
WITNESS my hand and official seal. ~············f
..
HOAN&-Q.UYEN P. PHAM
: Notary Publk · C.liforni~ : i Orante County ~
Commission I 2432970 -j a a My~m;. Elq>ites :' 31, 202' t
CORPORATE CERTIFICATION
·n,e undersigned. the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY ANO INDEMNITY
COMPANY, docs hereby certify that !he provisions of the resolutions of the respective Boards of Directors of said corporntions set forth in this Power of Attorney
are in force as of the date of this Certification.
This Certification is executed in the City of Cleveland. Ohio, this March 19. 2023.
~ocuSlgned by:
By. om OJ At.1se.
686415t 7AOE548C ...
Barry W Moses, Assistant Secretary POA No. N/A ------
DocuSignEnvelopelD:3352BFD6--5E9O-4 796-837E-C 1 E455E6530F Ed.0323
Signed and sealed this 8th day of June, 2023
Bond Number: 0101701
Premium: $3,883.00*
• Premium is for Contract Term and Subject to
Adjustment Based on Final Contract Price
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, the City of Carlsbad( "Agency") has awarded to L.C. Paving & Sealing, Inc. ("Principal"),
a Contract for the Work described as follows:
Contract No PWS23-2182TRAN
Project No. 6070
Name of Project: Tamarack Avenue Traffic Calming Project (the "Project")
in strict conformity with the drawings and specifications, and other Contract Documents now on
file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this
reference; and
WHEREAS, the Work to be performed by the Principal is more particularly set forth in the Contract
Documents for the Project dated _____ _, ("Contract Documents"), the terms and
conditions of which are incorporated by reference; and
WHEREAS, the Principal is required by the Contract Documents to perform the terms of them
and to furnish a bond for the faithful performance and warranty of the Contract Documents.
NOW THEREFORE, we, LC. Paving & Sealing, Inc., as Principal, and Developers Surety and Indemnity
Company ,as Surety, are held and firmly bound unto the Agency in the penal sum of One
Hundred Ninety-Two Thousand One Hundred Eighty and No/100ths dollars($ 192,180.00--), which is equal to
100% of the total amount of the Contract, for which amount well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and seveially,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if Principal, its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and agreements in the Contract Documents and any
alteration of the Contract Documents made as provided in the Contract Documents, on its part,
to be kept and performed at the time and in the manner specified in the Contract Documents,
and in all respects according to their true intent and meaning; and shall indemnify and save
harmless the Agency, its Board, members of the Board, officers, directors, managers, employees,
agents, and authorized volunteers, as stipulated in the Contract Documents, then this obligation
shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured by this bond and in addition to the face amount specified in
this bond, there shall be included costs and reasonable expenses and fees, including reasonable
attorneys' fees, incurred by Agency in enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
As a condition precedent to the satisfactory completion of the Work unless otherwise provided
for in the Contract Documents, the above obligation shall hold good for a period of 1 year after
00 6110 LABOR AND MATERIALS BOND
Document Version: 1.0
Page 14 of 164
Date Printed: May 16, 2023
Current Update: October 2022
00 61 10 LABOR AND MATERIALS BOND Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 15 of 164
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.
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
POWER OF ATTORNF:Y FOR
COREPOINTE INSURANCE COMPANY
DEVELOPERS SURETY AND INDEMNITY COMPANY
59 Maiden Lane. 43rd Floor. New York, NY 10038
(212) 220-7120
KNOW ALL BY THESE PRESENTS that. except as expressly lirrnted herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND
INDEMNITY COMPANY, do hereby make, constitute and appoint
_L_a_w_r_e_nce_F_._M_c_M_a_h_o_n_, J_o_h_n_R_._a_u_a_lin_,_S_a_ra_h_M_ye_rs_,_T_a_ra_B_a_co_n_._M_a_ri_a_H_a_nm_ark_a_n_d_M_i_nn_a_H_uo_v_il_a ___ , of San Diego, CA
as its true and lawful Attorney-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies. as sureties, bonds. undcnakmgs and contracts
of suretyshrp givmg w1d grantmg unto said Attomey-111-Fact full power and authority to do and to perform every act necessary, requisite or proper IO be done 111
connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all of the acts of said
Auomey-in-Fact, pursuant to these presents, arc hereby ratified and confinned. 'This Power of Attorney rs effective June 1, 2023 and
shall expire on December 31, 2025
Tors Power of Attorney is gmnted and is signed under and by authority of the following resolutions adopted by the Board of Directors ofCOREPOINTE INSURANCI.:
COMPANY w1d DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company~) on February 10, 2023.
RESOLVED, that Sam Zaza President Surety Underwriting. James Bell Vice President. Surety Underwriting. and Craig Dawson Exl'Cut1ve Undcrwmcr
Surety. each an employee of AmTrust North America, Inc . an affiliate of the Company (the "Authorized Signors"), are hereby authorized to execute a Power
of Attorney, qualifying auomey(s)-in-fact named in the Power of Allomey to execute, on behalf of the Company. bonds, undcnakings and contmcts of'
surctysh,p, or other surctyship obligations. and that the Secretary or any t\ssistant Secretary of the Company be, and each of them hereby is. authom.cd to attest
the execution of any such Power of Attorney.
RESOLVED. that the signature of' any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company. and the seal of'the Company
must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by focsrmilc, and such Power of Attorney shall be valid and
b111d111g upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyshrp to which it is attached
IN WITNESS WHEREOF. COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNnY COMPANY have caused these presents to be
signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27 2023
:a,WN,~
Title President, Surety Underwriting
ACKNOWLEDGEMENT:
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.
STATEOF California -------------COUNTY OF _O_ra_n~g~c _______ _
On this 1]_ day of March , 201.L_, before me. Hoang-Quven Phu Pham • personally appeared ~S~a_m_Z_aza ________ _
who proved to me on the has,s of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed
the same 111 their authorized capacity, and that by the signature on the 111s1rument the ent1t1es upon behalfwh,ch the person acted. executed th,s mstrumem.
I certify. under penalty of perjury. under the laws of'the State or_C~a_l_if'o~r_n~ia _________ that the foregoing paragraph is true and correct
WITNESS my hand and official seal t············f HOANG-QUYEN P. PHAM
: .. Notary Public -C11iforni1 z i Orante County ~ j Commission I 2◄32970 I
0 0
u !Y ;om;, Elcplres OK 31i:s202'
CORPORATE CERTIFICATION
The undersigned, the Secretary or Assistant Secretary of COREPOfN'fl: INSURANCE COMPANY and DEVELOPERS SURETY ANO INDEMNITY
COMPANY. does hereby certify that the provisions of the resoluuons of the respective Boards of Directors of said corporauons set fonh in this Power of Attorney
are 1n force as of the date of this Cenification.
'fl11s Certification is executed in the City of Cleveland. Ohio, this March 19. 2023_
GocuSlgned by:
By· +-~--c,m.._._.....1-...,_(!}.___....A,t ..... b_,Sl ,_S ------
a08"15bADe54sc .. .
Barry W Moses. Assistant Secretary POA No. _N_/_A ___ _
DocuSignEnvefopelD:3352BFD6-5E9O-4796-837E-C 1 E455E6530F Ed 0323
Signed and sealed this 8th day of June, 2023
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 17 of 164
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS
INTRODUCTION
The specifications contained in this 00 73 00 Agency Supplemental General Provisions take
precedence over the specification language contained in the Standard Specifications for Public
Works Construction, “The Greenbook,” latest edition and all errata. This specification addresses
the unique conditions in Carlsbad that are not addressed in The Greenbook. Therefore, if there
is a conflict, these specifications shall control.
The Greenbook may be purchased at Bidder’s/Contractor’s local technical bookstore or directly
from the publisher. These Supplemental General Provisions are available only for download from
the online bidding portal with Contract Documents. The Agency does not provide hard copies.
When used in the Contract Documents, statements, or command phrases (active voice and
imperative mood) refer to and are directed at the “Bidder” or “Contractor” as applicable. The
specifications are written to the “Bidder” before award and the “Contractor” after award. Before
award, interpret sentences written in the imperative mood as starting with “The Bidder shall.”
Interpret the term “you” as “the Bidder” and interpret the term “your” as “the Bidder’s.” After
award, interpret sentences written in the imperative mood starting with “The Contractor shall.”
Interpret the term “you” as “the Contractor” and interpret the term “your” as “the Contractor’s.”
PART 1 GENERAL PROVISIONS
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
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.”
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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 18 of 164
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:
1. Agency - The City of Carlsbad or the Carlsbad Municipal Water District, the owner of the
Project.
2. Agency Approval - Except where stated in this Contract to the contrary, the phrases
“Agency approval,” and “Agency’s written approval” or such similar phrases shall mean
approval by the City Manager for the City of Carlsbad or the Executive Manager for the
Carlsbad Municipal Water District, which approval shall not be unreasonably withheld.
3. Agency Forces – City of Carlsbad or Carlsbad Municipal Water District employees who
perform construction work.
4. Agency Supplement - 00 73 00 Agency Supplemental General Provisions; and 00 74 00
Agency Supplemental Technical Provisions.
5. Allowance (AL) - Payment under Allowance Bid items, denoted as “AL,” shall be based on
the actual expenditures and for pre-authorized items of the Work in accordance with the
Contract Documents. The unused portions of the Allowances shall revert to the Agency
upon acceptance of the Project or Work.
6. Apparent Low Bidder - The Bidder whose Bid having been publicly opened, initially meets
the material requirements of the Bid Documents and whose Bid price is the lowest
received.
7. Applicable Laws - Laws, statutes, ordinances, rules, orders, and regulations of
governmental authorities and courts having jurisdiction over the Project.
8. As-Builts - The CADD drawings prepared from the approved Red-lines for record keeping
purposes.
9. Award of Contract (Award) - The date on which the Board or designee executes the
Contract.
10. Bid - Any proposal submitted to the Agency in competitive bidding for the construction,
alteration, repair, or improvement of any structure, building, road or other improvement
of any kind.
11. Board – The officer or body constituting the awarding authority of the Agency, which is
the City Council for the City of Carlsbad or the Board of Directors for the Carlsbad
Municipal Water District.
12. 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.
13. Business Day - See Working Day.
14. Calendar Day – Every day on the calendar, including weekends and holidays.
15. City - The term “City” or “the City” means, City of Carlsbad. See also Agency.
16. City Council - The legislative body that governs the City of Carlsbad and has the authority
to pass ordinances and appropriate funds.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 19 of 164
17. 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.
18. City Manager – The appointed official who directs the administration of the City of
Carlsbad.
19. 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.
20. Construction Manager – The Project Inspector’s immediate supervisor and the Engineer’s
designated representative for the first level of appeal for informal dispute resolution.
21. 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.”
22. Contract – The written agreement between the Agency and the Contractor covering the
Work.
23. 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.
24. Contract Time - The number of Working Days to complete the Work as specified in the
Contract Documents.
25. 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.
26. 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.
27. Days – Days shall mean consecutive calendar days unless otherwise specified in this
Contract.
28. Defective Work - Work that does not conform to the Contract Documents.
29. 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 20 of 164
30. 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.
31. 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.
32. Drawings - See Plans.
33. D-size Sheet - “D” size paper for engineering design applications refers to 22” x 34” paper.
34. 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.
35. 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.
36. Executive Manager – The appointed official who directs the administration of the
Carlsbad Municipal Water District.
37. Field Book - The Agency field maps showing sewer and water facilities.
38. 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.
39. 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.
40. Final Payment - The last payment for the Contract made to the Contractor, excluding
Retention.
41. Float – The number of days by which an activity in the Construction Schedule may be
delayed from either its earliest start date or earliest completion date without extending
the Contract Time (total float). Total float belongs to the Project and to any Party to
accommodate changes in the Work or to mitigate the effect of events which may
delay completion.
42. Holiday - Holidays observed by the Agency are listed below:
Holiday Observed On
New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 21 of 164
Holiday Observed On
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Indigenous Peoples’ Day 2nd Monday in October
Veteran’s Day November 11
Thanksgiving Day 4th Thursday/Friday in
November
Christmas Day December 25
If any Holiday listed falls on a Saturday, the Saturday and the preceding Friday are both
legal Holidays. If the Holiday falls on a Sunday, both Sunday and the following Monday
shall be legal Holidays. Unless specified otherwise in the Contract Documents or
authorized by the Engineer, do not work on Holidays.
43. 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.
44. Minor Bid Item – a single contract item constituting less than 10 percent (10%) of the
original Contract Price bid.
45. Night Work - See Working Night.
46. Normal Working Hours - Unless specified otherwise, Normal Working Hours core periods
shall be 7:00 AM to 5:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and
Agency Holidays are excluded. For Traffic Control Permits, Normal Working Hours are
defined as 8:30 AM to 3:30 PM, unless specified otherwise. The Contractor shall obtain
the written approval of the Engineer if the Contractor desires to work outside said hours
or at any time during weekends and/or holidays. This written permission must be
obtained at least 48 hours prior to such work. The Engineer may approve work outside
the hours and/or days stated herein when, in his/her sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall
pay the inspection costs of such work.
47. 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.
48. Party or Parties - The Agency, the Contractor, or both, their respective permitted
successors or assigns, and any other future signatories to the Contract.
49. 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.
50. Prime Contractor - See Contractor.
51. Project Inspector – the Engineer’s designated representative for inspection, Contract
administration and the first level for informal dispute resolution.
52. Project Site (Site) - Areas where the Work is performed pursuant to the Contract.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 22 of 164
53. 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.
54. 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.
55. Red-lines - Plans with annotations of changes made during construction to reflect the
actual improvements or facilities built during construction whether concealed or visible.
56. Retention - The amount withheld from the money due to the Contractor in accordance
with 7-3.2, “PARTIAL AND FINAL PAYMENT.”
57. 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.
58. 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.
59. 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.
60. 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.
61. 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.
62. Signal Pre-Check - The procedure that the City uses to evaluate traffic signal systems prior
to Signal Turn-On and generating a Punchlist.
63. Signal Turn-On - The day the City activates new traffic signals.
64. Supplemental Provisions – See Agency Supplement.
65. Tonne – Also referred to as “metric ton.” Represents a unit of measure in the
International System of Units equal to 1,000 kilograms.
66. 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.
67. 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.
68. 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:
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 23 of 164
• 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.
69. Working Night (Night Work) - A period of nighttime work, allowed only on Sunday
through Thursday, excluding Holidays.
70. Work Site - See Project Site (Site).
1-3 ABBREVIATIONS
1-3.2 Common Usage.
ADD the following:
AML Approved Material List
CADD Computer Aided Design and Drafting
CA MUTCD California Manual on Uniform Traffic Control Devices
CCT Correlated Color Temperature
CEQA California Environmental Quality Act.
CFR Code of Federal Regulations
CGP Construction General Permit
CIPM Cured-In-Place-Manhole
CL Centerline
CMS Content Management System Database
CNC Computer Numerical Control
CRI Color Rendering Index
CSA Canadian Standards Association
DBE Disadvantaged Business Enterprise
DCE Data Computer Equipment
DG Decomposed Granite
DVBE Disabled Veteran Business Enterprise
DWT Detectable Warning Tiles
EOW Engineer of Work
ESL Environmentally Sensitive Lands
ESO Electrical Service Orders
FRP Fiberglass Reinforced Plastic
GFE Good Faith Effort
GMT Greenwich Mean Time
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 24 of 164
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
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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 25 of 164
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
AASHTO American Association of State Highway and Transportation Officials
AISC American Institute of Steel Construction
ANSI American National Standards Institute
API American Petroleum Institute
AREA American Railway Engineering Association
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association
AWS American Welding Society
AWWA American Water Works Association
BNSF Burlington Northern Santa Fe Railway
DSD Development Services Department
FHWA Federal Highway Administration
GRI Geosynthetic Research Institute
IPCEA Insulated Power Cable Engineers Association
IES Illuminating Engineering Society (Photometric Data)
ISO International Organization for Standardization
MTS San Diego Metropolitan Transit System
NACE National Association of Corrosion Engineers
NAFP National Association of Pipe Fabricators
NCTD North County Transit District
NEMA National Electrical Manufacturers Association
NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce)
NFPA National Fire Protection Association
PCI Prestressed Concrete Institute
SANDAG San Diego Association of Governments
SD&AE San Diego & Arizona Eastern Railroad
SDTI San Diego Trolley, Inc.
UL Underwriters’ Laboratories Inc.
USGS United States Geological Survey
UPRR Union Pacific Railroad Company
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 26 of 164
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 in writing to the Agency as a Request for Information
(RFI).
1-7.1.4 Assignment to Awarding Body.
1. In accordance with subdivision (b) of Public Contract Code Section 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 27 of 164
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.
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 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 28 of 164
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
ADD the following:
1. Where approval or acceptance by the Agency is required, only a general approval is required.
However, such approval does not relieve the Contractor from the Contractor’s responsibility
for complying with all applicable laws, codes, and best industry practices. Contractor has its
obligation to fulfill all conditions of the Contract.
2. In accordance with the provisions of California Law, the Contractor shall possess or require
the Contractor’s Subcontractor(s) to possess valid appropriate license(s) for the Work being
performed as conveyed in the Bidding Documents.
2-2 PERMITS
DELETE in its entirety and SUBSTITUTE with the following:
2-2 PERMITS, FEES, AND NOTICES
1. The Contractor shall obtain and pay for all business taxes, business licenses, permits, and
fees required for constructing the Project and licenses and inspections necessary for the
proper execution and completion of the Work, unless specified otherwise in the Contract
Documents.
a. Resource Agency Permits. [insert when applicable]
b. To the extent that there is a change in the type or cost of any of such permits, fees,
licenses, or inspection occurring after Award of Contract, there shall be an
equitable adjustment in the Contract Price on account of such change under the
Extra Work provisions.
c. The Contractor shall comply with and give notices required by applicable laws. The
Contractor is not entitled to damages or additional payment for delays
attributable to the acquisition of permits.
d. The Contractor shall pay the Agency for regulatory fees, fines, or penalties
imposed on the Agency arising from the Contractor’s failure to complete the Work
in accordance with the Contract Documents.
2. Contractor shall not begin work until all permit’s incidental to the Work are obtained. This
includes, and is not limited to, encroachment, right-of-way, grading and building permits
necessary to perform Work for this Contract on Agency property, streets, or other rights-
of-way. Permits for night work, overload, blasting, demolition, and disposal of all
materials removed from the Project are also Contractor’s responsibility.
3. The Contractor shall obtain and pay for all permits for the disposal of all materials
removed from the Project. The cost of the permit(s) shall be included in the price Bid for
the appropriate Bid item and the Agency shall not pay additional compensation for
Contractor to obtain such permits.
4. Permits shall be maintained in valid status until acceptance of the Work by the Agency.
2-2.1 Building Permits.
1. The Contractor shall obtain the required building permits from Agency’s permitting
departments. Any prior approval obtained for the Plans shall not in any way waive this
requirement.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 29 of 164
2. Request inspections in accordance with the building codes in effect on the permitted Plans
and by City’s Development Services Department, Building Division or Construction
Management and Inspection Department. Any Work performed without the benefit of the
required permit and subsequent inspection shall be removed and replaced at the discretion
of the City Building Inspector at no additional cost.
3. The payment for procuring Building Permits shall be included in the Allowance Bid item for
“Building Permits.” If no such Bid item is included in the Bid Schedule, payment shall be
included in the various Bid items and no additional payment shall be made.
2-2.2 Caltrans Encroachment Permit.
1. Unless specified otherwise, the Agency has applied for the Caltrans Encroachment Permit.
a. The Contractor shall pay for and secure the permit prior to construction.
b. The Contractor shall arrange and pay for inspection as required by Caltrans.
2. The Contractor is solely responsible for permit processing delays to the Contract Time that
result from incomplete or inaccurate information provided by the Contractor to the Agency
or Caltrans.
3. When applicable, the payment for procuring Caltrans Encroachment Permits including any
inspection fees shall be included in the allowance Bid item for “Caltrans Encroachment
Permit.” If no such Bid item is included in the Bid schedule, payment shall be included in the
various Bid items and no additional payment shall be made.
2-3 RIGHT-OF-WAY
ADD the following:
1. The Contractor shall coordinate access to private property with the property owners and the
timing of accessing private property when the Agency has already obtained rights of entry.
Unless otherwise provided, the Contractor shall coordinate, pay for, and assume all
responsibility for acquiring using, and disposing of additional work areas and facilities
temporarily required. The Contractor shall indemnify and hold the Agency harmless from all
claims for damages caused by such actions. The Contractor shall protect any private and
public improvements.
2-4 COOPERATION AND COLLATERAL WORK
ADD the following:
1. The Contractor shall coordinate and cooperate with all the utility companies during the
relocation or construction of their lines. The Contractor may be granted a time extension if,
in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
2-5 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 30 of 164
maintenance activities until acceptance of Work. These include piping, wiring, lamps, and
other equipment necessary for the Work.
2. The Contractor shall obtain a construction meter for water used for the construction, testing,
disinfection and flushing of new water or sewer facilities, vegetation establishment and
maintenance, site maintenance, landscaping, cleanup, and all other work requiring water.
The Contractor shall contact the water agency that serves the Project Site for requirements.
3. The Contractor shall pay all costs of temporary light, power and water including hookup,
service, meter, and any, and all, other charges, deposits and/or fees. The costs shall be
considered incidental to the items of Work that they are associated with and no additional
payment will be made for them.
2. If work to be performed by the Agency or its separate Contractors is not shown or specified
in the Contract Documents, the Engineer shall notify the Contractor in writing 10 Working
Days prior to the start of such work and make available Plans or Specifications for work to be
performed by others that may be pertinent to Contractor’s Work. If Contractor determines
that the work to be performed by the Agency or its separate Contractors may interfere with
or cause damage or delays to Contractor’s Work, notify the Engineer in writing within 3
Working Days of the Engineer’s notice. The Contractor shall diligently pursue with the
Engineer resolution of potential conflicts with the work of others.
3. The Contractor shall prepare and submit to the Engineer for approval a plan and schedule to
integrate the work of Contractor or its Subcontractors, Agency or the work of others. The plan
shall conform to the tasks identified in the Construction Schedule and identify additional tasks
as necessary and the sequencing of interrelated activities.
2-6 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 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.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 General.
ADD the following:
1. The Agency may change the Plans, Specifications, character of the Work, or quantity of Work
provided the total arithmetic dollar value of all such changes, both additive and deductive,
does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this
limitation, the change shall be by written supplemental agreement between the Contractor
and Agency, unless both parties agree to proceed with the change by Change Order.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 31 of 164
2. Change Orders shall be in writing and state the dollar value of the change or established
method of payment, any adjustment in Contract Time of completion, and when negotiated
prices are involved, and shall provide for the Contractor’s signature indicating acceptance.
3. Unless expressly set forth in writing in a Change Order signed by the Agency and the
Contractor, changes initiated by the Agency shall not be construed as the Agency directing
the Contractor’s mean-and-methods in the execution of the Work.
2. The cost reduction proposal shall not impair, in any manner, the essential functions or
characteristics of the Project such as service life, economy of operation, ease of maintenance,
quality, desired appearance, or design and safety standards.
3. The following information must be included in the cost reduction proposal:
a. A description of both the existing Contract requirements for performing the Work and
the proposed changes.
b. An itemization of the Contract requirements that shall be changed if the proposal is
adopted.
c. A detailed estimate of the cost of performing the Work under the existing Contract
and under the proposed change.
d. A statement of the time within which the Engineer shall act on the cost reduction
proposal.
e. The Contract items of Work affected by the proposed changes, including any quantity
variation attributable thereto.
4. This subsection does not require the Engineer to consider any cost reduction proposal. The
Agency shall not be liable to the Contractor for not approving or acting upon any cost
reduction proposal the Contractor submitted nor for any delays to the Work attributable to
the cost reduction proposal.
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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 32 of 164
10. The Change Order also includes the estimated net savings in the cost of performing the Work
due to the accepted cost reduction proposal and provides that the Contract cost be adjusted
by crediting the Agency with 50% of estimated net savings amount.
11. The Contract Time shall not be extended by the acceptance of the cost reduction proposal
and the performance of the Work unless specified otherwise in the Change Order.
12. The amount specified as payable to the Contractor in the Change Order is full compensation
for the cost reduction proposal and the performance of the Work.
13. The Agency expressly reserves the right to adopt a cost reduction proposal for general use on
contracts administered by the Agency when it determines that the proposal is suitable for
application to other contracts. When an accepted cost reduction proposal is adopted for
general use, only the Contractor who first submitted such proposal shall be eligible for
compensation subject to this subsection, and in that case, only for contracts awarded prior
to submission of the accepted cost reduction proposal.
14. The cost reduction proposals identical or similar to previously submitted proposals shall be
eligible for consideration and compensation under the provisions of this subsection if the
identical or similar previously submitted proposals were not adopted for general application
to other contracts administered by the Agency.
15. Subject to the provisions contained in the Contract, the Agency or any other public agency
shall have the right to use all or any part of any submitted cost reduction proposal without
obligation or compensation of any kind to the Contractor.
16. The Contractor shall bear all costs to revise bonds for the Project to include the cost reduction
incentive proposal work.
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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 33 of 164
per Section 2-8. The Extra Work per Section 2-8, basis of payment, shall not include fixed
costs. Fixed costs shall be deemed to have been recovered by the Contractor through
payment for 150 percent of the Bid quantity at the Contract Unit Price.
2-7.4 Payment – Decreases of More than 50 Percent.
Should the actual quantity of an item of Work covered by a Contract Unit Price, and constructed
in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an
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 for all lump-sum Bid items that
shall be used for the purpose of progress payments. The prices shall be valid for the purpose of
Change Orders to the Project.
2-7.8 Eliminated Items.
Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its
actual costs incurred in connection with the eliminated item prior to notification in writing from
the Engineer so stating its elimination. If material conforming to the Plans and Specifications is
ordered by the Contractor for use in the eliminated item prior to the date of notification of
elimination by the Engineer, and if the order for that material cannot be canceled, payment will
be made to the Contractor for the actual cost of the material. In this case, the material shall
become the property of the Agency. Payment will be made to the Contractor for its actual costs
for any further handling. If the material is returnable, the material shall be returned, and payment
will be made to the Contractor for the actual cost of charges made by the supplier for returning
the material and for handling by the Contractor. Actual costs, as used in this Agency Supplement,
shall be computed on the basis of Extra Work per Section 2-8.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 34 of 164
2-8 EXTRA WORK
ADD the following:
1. New or unforeseen Work will be classified as “Extra Work” when the Engineer determines
that it is not covered by Contract Unit Prices or stipulated unit prices.
2. Any request by the Contractor for Extra Work shall be in writing to the Engineer and shall
include itemized estimates and in accordance with Section 7-4. The Contractor shall fully
itemize the Extra Work cost estimates such as labor and payroll costs, quantities, crew
composition, production rates, material costs, Subcontractor and Supplier costs, equipment
costs, supplemental costs, and time impact.
2-9 CHANGED CONDITIONS
ADD the following:
The Contractor shall promptly notify the Engineer of the following Work Site conditions
(“Changed Conditions”), in writing, upon their discovery and before they are disturbed:
1. Subsurface or latent physical conditions differing materially from those
represented in the Contract;
2. Unknown physical conditions of an unusual nature differing materially from those
ordinarily encountered and generally recognized as inherent in work of the
character being performed; and
3. Material differing from that represented in the Contract which the Contractor
believes may be hazardous waste, as defined in Health and Safety Code Section
25117, that is required to be removed to a Class I, Class II, or Class III disposal site
in accordance with provisions of existing law.
The Engineer will promptly investigate conditions which appear to be Changed Conditions. If the
Engineer determines that conditions are Changed Conditions and they will materially affect
performance time, the Contractor, upon submitting a written request, will be granted an
extension of time subject to Section 6-4.2.
If the Engineer determines that the conditions do not justify an adjustment in compensation, the
Contractor will be notified in writing. This notice will also advise the Contractor of its obligation
to notify the Engineer in writing if the Contractor disagrees.
The Contractor’s failure to give notice of Changed Conditions promptly upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection with them.
1. The Contractor shall not be entitled to the payment of any additional compensation for any
act, or failure to act, by the Engineer, including failure or refusal to issue a Change Order, or
for the occurrence of any event or other cause, unless the Contractor shall have first given
the Engineer written notice of potential claim as specified in this Section 2-9. Compliance with
this section shall not be required as a prerequisite to notice provisions in Section 6-4.2(4)
Extensions of Time, nor to any claim 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 35 of 164
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.
2-10 DISPUTED WORK
ADD 2-10.1 Claims.
1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price,
Contract Time, or other relief associated with a dispute arising under or relating to the
Contract, including a breach of any Contract provision. A voucher, invoice, or other routine
request for payment is not a Claim.
2. A Claim shall conform to these specifications and may be considered after the Agency has
previously denied a request by the Contractor for a Change Order seeking the demanded
relief.
3. The Contractor shall submit a Claim to the Engineer if a dispute occurs that arises from or
relates to the Contract. The Claim shall seek all relief to which the Contractor asserts the
Contractor is entitled as a result of the event(s) giving rise to the dispute. The Contractor’s
failure to process a Claim in accordance with these specifications shall constitute a waiver of
all relief associated with the dispute. Claims are subject to 6-10, “Right to Audit.”
4. The Contractor shall continue to perform the Services and Work and shall maintain the
Schedule during any dispute proceedings. The Engineer will continue to make payments for
undisputed Services and Work.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 36 of 164
5. The Agency’s Claims process specified in the Agency Supplement shall not relieve the
Contractor of the Contractor’s statutory obligations to present Claims prior to any action
under the Government Code.
6. Except for those final payment items disputed in the written statement required in Section
7-3.2, all Claims of any dollar amount shall be submitted in a written statement by the
Contractor no later than the date of receipt of the final payment estimate. Those final
payment items disputed in the written statement required in Section 7-3.2 shall be submitted
no later than 30 Calendar Days after receipt of the Final Payment estimate. No Claim will be
considered that was not included in this written statement, nor will any Claim be allowed for
which written notice or protest is required under any provision of this Contract, including
Sections 2-9 Changed Conditions, 2-10 Disputed Work, 4-1(22) Protection, 6-4.4 Written
Notice and Report, or 6-4.2(4) Extensions of Time, unless the Contractor has complied with
notice or protest requirements.
7. The Engineer will consider Contractor’s filed Claims, which must be detailed enough so the
Engineer can determine the basis and amount of the Claims. Contractor shall provide the
Engineer additional information to determine the facts or contentions involved in a Claim if
requested by the Engineer. If additional information is needed, Contractor must provide
Engineer with this information within a reasonable time of being asked for additional
information. Failure to submit such information and details will be sufficient cause for
denying the Claims.
8. Payment for Claims shall be processed by the next payment application of their resolution for
those Claims approved by the Engineer. The Contractor shall proceed with informal dispute
resolution under Section 2-10, Disputed Work, for those Claims remaining in dispute.
2-10.1.1 Initiation of Claim.
1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price,
Contract Time, or other relief associated with a dispute arising under or relating to the
Contract, including a breach of any provision of the Contract. A voucher, invoice, payment
application or other routine request for payment is not a Claim. A Claim shall conform to
these specifications and may be considered after the City has previously denied a request
from the Contractor for a Change Order seeking the demanded relief. The Contractor shall,
consistent with 2-10.1.2, give the Agency written notice of Claim prior to commencing any
Disputed Work. Failure to give the notice shall constitute a waiver of all Claims in connection
with the Disputed Work. If the Contractor and the Agency are unable to reach agreement on
Disputed Work, the Agency may direct the Contractor to proceed with the Work and such
direction shall not be construed as the Agency directing the Contractor’s mean-and-methods
in the execution of the Work. After the Agency has rejected a Change Order request and prior
to proceeding with dispute resolution pursuant to the Public Contract Code, applicable
provisions of which are specified below, the Contractor shall attempt to resolve all disputes
informally through the following dispute resolution chain of command:
For claims with a monetary value of $50,000 or less:
1. Project Inspector
2. Construction Manager
3. Deputy City Engineer/Engineering Manager
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 37 of 164
For claims with a monetary value greater than $50,000:
1. Project Inspector
2. Construction Manager
3. Deputy City Engineer/Engineering Manager
4. City Engineer
5. 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 Claim, the
contractual basis for the Claim, along with all documentation supporting the costs, Contract
Time, and all other evidentiary materials. At each level of Claim or appeal of Claim the Agency
will, within 10 Working Days of receipt of the Claim or appeal of Claim, review the
Contractor’s report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting
is requested the Agency will provide its position within 10 Working Days of receipt of the
additional information or Contractor’s presentation of its report. The Contractor may appeal
each level’s position up to the Deputy City Engineer/Engineering Manager for claims less than
$50,000 and/or up to the City Manager for the City of Carlsbad or Executive Manager for the
Carlsbad Municipal Water District for claims greater than $50,000 after which the Contractor
may proceed under the provisions of the Public Contract Code. The Agency’s failure to state
a position or otherwise respond to a Claim within the timeframes set forth above shall be
deemed a rejection of the Claim by the Agency.
3. The authority within the dispute resolution chain of command is limited to recommending a
resolution to a Claim to the City Manager for the City of Carlsbad or Executive Manager for
the Carlsbad Municipal Water District. Actual approval of the Claim is subject to the Change
Order provisions in the Contract.
4. Any remaining Claims not resolved by the informal dispute resolution process described
above shall be resolved in accordance with Public Contract Code 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.
(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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 38 of 164
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.
(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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 39 of 164
(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.
(g) This section applies to contracts entered into on or after January 1, 2017.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 40 of 164
(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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 41 of 164
(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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 42 of 164
of the mediation unless a time requirement is extended upon a good cause
showing to the court or by stipulation of both parties. If the parties fail to select
a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial
arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section
1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any
proceeding brought under this subdivision consistent with the rules pertaining
to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties,
arbitrators appointed for purposes of this article shall be experienced in
construction law, and, upon stipulation of the parties, mediators and
arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 43 of 164
2-10.1.2 Claim Certification Submittal.
1. If the Contractor’s Claim seeks an increase in the Contract Price, the Contract Time, or both,
submit with the Claim an affidavit certifying the following:
a. The Claim is made in good faith and covers all costs and delays to which the Contractor
is entitled as a result of the event(s) giving rise to the Claim.
b. The amount Claimed accurately reflects the adjustments in the Contract Price, the
Contract Time, or both to which the Contractor believes the Contractor is entitled.
c. All supporting costs and pricing data are current, accurate, and complete to the best
of the Contractor’s knowledge. The Contractor shall supply a cost breakdown per item
of Work.
d. The Contractor shall ensure that the affidavit is executed by an official who has the
authority to legally bind the Contractor.
2-10.1.3 Agency’s Final Determination.
1. If the Contractor disagrees with the City Manager or Executive Manager’s final determination,
as described in 2-10.1.1(1-2), Contractor must notify the Engineer in writing of the
Contractor’s objection within 15 Working Days after receipt of the written determination and
file a “Request for Mediation” in accordance with 2-10.2, “Dispute Resolution Process.”
2. Failure to give notice of objection within the 15 Working Days period shall waive the
Contractor’s right to pursue the Claim.
2-10.1.6 Mandatory Assistance.
1. If a third-party dispute, litigation, or both, arises out of or relates in any way to the Services
provided under the Contract, upon the Agency’s request, the Contractor shall assist in
resolving the dispute or litigation. The Contractor’s assistance includes, but is not limited to
the following:
a. Providing requested documents in a timely manner.
b. Providing professional consultations.
c. Attending mediations, arbitrations, depositions, trials, or any event related to the
dispute resolution and litigation.
2-10.1.6.1 Compensation for Mandatory Assistance.
1. The Agency will reimburse the Contractor for reasonable fees and expenses incurred by the
Contractor for any required assistance rendered in accordance with 2-10.1.6, “Mandatory
Assistance” as Extra Work.
2. The Engineer will determine whether these fees and expenses were necessary due to the
Contractor’s conduct or failure to act.
3. If the Engineer determines that the basis of the dispute or litigation in which these fees and
expenses were incurred were the result of the Contractor’s conduct or the Contractor’s
failure to act in part or in whole, the Contractor shall reimburse the Agency for any payments
made for these fees and expenses.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 44 of 164
Reimbursement may be through any legal means necessary, including the Agency’s withholding
of the Contractor’s payment.
ADD 2-10.2 Dispute Resolution Process.
2-10.2.1 Mandatory Non-binding Mediation.
1. If a dispute arises out of or relates to the Contract, or the breach of it, and if the dispute
cannot be settled through those procedures described in Section 2-10.1.1, the parties
must attempt to settle the dispute in an amicable manner, using mandatory mediation
under the Construction Industry Mediation Rules of the American Arbitration Association
before having recourse in a court of law.
2. To initiate mediation, the initiating party shall serve a Request for Mediation at the
American Arbitration Association (AAA).
2-10.2.2 Mandatory Mediation Costs.
1. The expenses of witnesses for either side shall be paid by the party producing such
witnesses. All other expenses of the mediation, including required traveling and other
expenses of the mediator and the cost of any proofs or expert advice produced at the
direct request of the mediator, shall be borne equally by the parties, unless they agree
otherwise.
2-10.2.3 Selection of Mediator.
1. A single mediator, knowledgeable in construction aspects and acceptable to both parties,
shall be used to mediate the dispute.
2. If AAA is used, the initiating party shall concurrently file with AAA a “Request for
Mediation” along with the appropriate fees, a copy of requested mediators marked in
preference order, and a preference for available dates.
3. If AAA is selected to coordinate the mediation (Administrator), within 10 Working Days
from the receipt of the initiating party’s Request for Mediation, the opposing party shall
file the following:
a. A copy of the list of the preferred mediators listed in preference order after
striking any mediators to which they have any objection.
b. A preference for available dates.
c. Appropriate fees.
4. If the parties cannot agree on a mediator, then each party shall select a mediator and
those mediators shall select the neutral third party to mediate the matter.
2-10.2.4 Conduct of Mediation Sessions.
1. Mediation hearings shall be conducted in an informal manner and discovery shall not be
allowed.
2. Discussions, statements, or admissions shall be confidential to the proceedings and shall
not be used for any other purpose regarding the party’s legal position. The parties may
agree to exchange any information they deem necessary.
3. Both parties shall have an authorized representative attend the mediation. Each
representative shall have the authority to recommend entering into a settlement. Either
party may have attorney(s), witnesses, or expert(s) present. Either party may request a
list of witnesses and notifications of whether attorney(s) shall be present.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 45 of 164
4. Any resulting agreements from mediation shall be documented in writing. Mediation
results and documents, by themselves, shall be “non-binding” and inadmissible for any
purpose in any legal proceeding, unless such admission is otherwise agreed upon in
writing by both parties. Mediators shall not be subject to any subpoena or liability and
their actions shall not be subject to discovery.
ADD 2-10.3 Governing Law & Forum for Litigation.
1. This Contract shall be governed by and construed in accordance with the laws of the State of
California. Any lawsuits, at law or in equity, between the parties arising out of this Contract
shall be filed in a court of competent jurisdiction in the County of San Diego. With respect to
venue, the parties agree that this Contract is made in and will be performed in the County of
San Diego. The parties waive all provisions of law providing for a change of venue in these
proceedings to any other county.
ADD 2-10.4 Pre-judgment Interest.
1. The parties stipulate that if a judgment is entered against a party for breaching this Contract,
the pre-judgment interest shall be 2% per annum.
SECTION 3 – CONTROL OF THE WORK
3-2 SELF-PERFORMANCE
ADD the following:
1. If Contractor fails to satisfy the provisions requiring the Contractor to complete Work
amounting to at least 50 percent of the Contract price with its own organization unless
stipulated otherwise in the Contract Documents, the Agency may at its sole discretion elect
to cancel the Contract or deduct an amount equal to 10 percent of the value of the Work
performed in excess of 50 percent of the Contract Price by other than the Contractor’s own
organization. The Board shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the Contractor, or prime Contractor, shall
be entitled to a public hearing before the Board and shall be notified 10 Calendar 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 46 of 164
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.
3-4 AUTHORITY OF THE ENGINEER
ADD the following:
1. The Engineer shall be the single point of contact and shall be included in all communications
between Contractor and any Agency representative.
3-5 INSPECTION
ADD the following:
1. Contractor shall make available to the Engineer accurate books and accounting records
regarding all its activities. Contractor shall contractually require all Subcontractors to this
Contract to do the same. The Engineer shall have access to the Contractor’s, and any
Subcontractors documents described in this Section 3-5(1) within San Diego County. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its
Subcontractor’s performance pursuant to this Contract. The Engineer’s 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 47 of 164
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.
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.
13. Contractor agrees to maintain and/or make available, to the Engineer, within San Diego
County, accurate books, and accounting records relative to all its activities and to
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 48 of 164
contractually require all Subcontractors to this Contract to do the same. The Engineer shall
have the right to monitor, assess, and evaluate Contractor’s and its Subcontractors
performance pursuant to this Contract, the monitoring, assessments, and evaluations to
include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts
and interviews of Contractor’s staff and the staff of all Subcontractors to this Contract. At any
time during normal business hours and as often as the Engineer may deem necessary, upon
reasonable advance notice, Contractor shall make available to the Engineer for examination,
all of its, and all of its Subcontractors’ records with respect to all matters covered by this
Contract and will permit the Engineer to audit, examine, copy and make excerpts or
transcripts from such data and records, and to make audits of all invoices, materials, payrolls,
records of personnel, and other data relating to all matters covered by this Contract.
However, any such activities shall be carried out in a manner so as to not unreasonably
interfere with Contractor’s ongoing business operations. Contractor and all Subcontractors
to this Contract shall maintain such data and records for as long as may be required by
applicable laws and regulations.
3-6 THE CONTRACTOR’S REPRESENTATIVE
ADD the following:
1. Both the representative and alternative representative shall be the Contractor’s employees
and shall not be assigned to a Subcontractor unless otherwise approved by the Agency in
writing.
2. The Contractor’s Project team shall attend scheduled construction meetings as required by
the Engineer. If any of Contractor’s staff cannot attend, the Contractor shall notify the
Engineer a minimum of 24 hours in advance, prior to the start of the scheduled meeting. If
the Contractor does not provide the required notification, the Contractor shall pay for the
costs of the Agency’s staff, consultants, or both that attended. The Contractor shall be
charged a minimum of 2 hours of the attendee’s time.
3. The payment for the Contractor’s attendance at Project meetings is included in the Contract
Price. The Engineer shall deduct costs assessed to the Contractor for not attending the
meetings from the monthly progress payment via Change Order.
3-7 CONTRACT DOCUMENTS
3-7.1 General.
ADD the following:
1. Specifications and Plans are divided into groups by engineering discipline for the Agency’s
convenience. These divisions are not for the purpose of apportioning the Work or
responsibility for the Work among Subcontractors and Suppliers.
2. The Contractor shall supply any Work that may reasonably be inferred from the Specifications
or Plans as being required to produce the intended result whether or not it is specifically
called for, at no additional cost to the Agency.
3. If referenced documents have been discontinued or updated by the issuing organization, the
replacement documents issued or otherwise identified by that organization shall be used or,
if there are no replacement documents, the last version of the document before it was
discontinued.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 49 of 164
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 Plans shall be supplemented by such working drawings and shop drawings as are
necessary to adequately control the Work.
9. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work
through a reasonable examination of the Work Site prior to submitting the Bid.
10. Existing improvements visible at the Work Site, for which no specific disposition is made on
the Plans, but which interfere with the completion of the Work, shall be removed, and
disposed of by the Contractor.
11. The Contractor shall, upon discovering any error or omission in the Plans or Specifications,
immediately call it to the attention of the Engineer.
3-7.2 Precedence of the Contract Documents.
DELETE in its entirety and REPLACE with the following:
1. If there is a conflict between any of the Contract Documents, the document highest in the
order of precedence, and most recent in edition, shall control. The order of precedence, from
highest to lowest, shall be as follows:
a. Permits (issued by jurisdictional regulatory agencies including environmental
documents).
b. Change Orders and supplemental agreements; whichever occurs last.
c. Contract Addenda, whichever occurs last.
d. The signed written Contract.
e. Bid/Proposal.
f. Project Plans.
g. Technical Specifications.
h. Standard Drawings.
i. Agency Supplemental General Provisions (Section 00 73 00).
j. Agency Supplemental Technical Provisions (Section 00 74 00).
k. Standard Plans
i. City of Carlsbad Standard Drawings.
ii. Carlsbad Municipal Water District Standard Drawings.
iii. City of Carlsbad modifications to the San Diego Area Regional Standard
Drawings.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 50 of 164
iv. Traffic Signal Design Guidelines and Standards.
v. State of California Department of Transportation Standard Plans.
vi. California Manual on Uniform Traffic Control Devices (CA MUTCD).
l. “Greenbook” (Standard Specifications for Public Works Construction).
m. Reference Specifications.
2. When additional small business/minority/women-owned/veteran or other special
requirements by funding sources are included in the Contract Documents, the funding
source’s requirements shall govern.
a. With reference to the Drawings, the order of precedence shall be as follows: Figures
govern over scaled dimensions.
b. Detail Drawings govern over general Drawings.
c. Addenda and Change Order Drawings govern over Plans.
d. Plans govern over Standard Drawings.
3. When a conflict exists between the ADA requirements of Title 24, and the Agency
Supplemental Provisions, the most restrictive requirement shall be followed.
ADD 3-7.3 Red-lines and Record Documents.
3-7.3.1 General.
1. The Contractor shall, at no charge to the Agency, provide copies of all records in the
Contractor’s or Subcontractor’s possession pertaining to the Work that the Engineer may
request.
2. The Contractor shall keep the Red-lines current with entries checked by the Engineer
before the Work is covered. Contractor’s failure to update and deliver Red-lines
information monthly to the Engineer for review and approval may result in the
withholding of monthly progress payments.
3. The Contractor shall note the source identification, such as RFI numbers and Change
Order numbers, as required identifying the source of the change to the Contract
Documents.
4. The Contractor shall deliver the Red-lines to the Engineer upon completion of the
Construction Work.
5. The Contractor shall legibly annotate a full-size set of Plans daily, in red ink, to record
additions, deletions or changes to the Work and changes in location, elevation or
character of the Work not otherwise shown or noted in the Contract Documents. This
“redline” set of drawings shall be kept on the Job Site, shall be used only as a record set,
and shall be delivered to the Engineer within 10 Calendar Days of completion of the Work.
Contractor shall immediately give written notice of any conflicts between these
documents to the Engineer.
6. As-built information shall represent field measurements, approved Shop Drawings,
Working Drawings, samples, product data, and other pertinent data discovered during
the performance of the Work. The Contractor shall note the source of the change such as
RFI or Change Order numbers, as required. The Contractor shall clearly record additions
or changes in the Work and depth of underground facilities by dimensioning from 2,
known, fixed points.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 51 of 164
7. 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.
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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 52 of 164
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.
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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 53 of 164
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.
3-7.3.3 Payment.
1. The payment for Red-lines Drawings shall be included in the Contract Price.
ADD 3-7.4 Measurement and Dimensions.
1. Scaled dimensions are approximate. Before ordering materials or commencing the Work, the
Contractor shall measure the Site for proper size and fit and verify dimensions and quantities
by taking measurements in the field. Contractor shall be responsible for their accuracy.
3-8 SUBMITTALS
3-8.2 Working Drawings.
ADD the following:
1. Working Drawings shall be submitted electronically to the Agency.
DELETE Table 3-8.2 in its entirety and REPLACE with following:
Item Section/
Drawing
No.
Title Subject
1 3-12.5.2 Sewage Bypass and Pumping
Plan
Sanitary Sewers
2 3-12.8.2 Dewatering Plan Water Pollution Control
3 5-7.2.2 Shoring Plan Safety
4 300-3.2 Cofferdams Structure Excavation & Backfill
5 303-1.6.1 General Falsework
6 303-1.7.1 General Placing Reinforcement
7 303-3.1 General Prestressed Concrete Construction
8 304-1.1.2 Falsework Plans Structural Steel
9 306-8.8
SDW-
154*
Valves, Hydrants, and
Appurtenances
Water Valve Bypass Details for
Mainlines 16-Inch and Larger
10 306-8.8.3 Thrust Blocks and Anchor
Blocks
Unless specified otherwise, design of all
size water main thrust blocks and
anchor blocks
11 307-1.1 General Jacking Operations
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 54 of 164
Item Section/
Drawing
No.
Title Subject
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.
DELETE Table 3-8.3 in its entirety and REPLACE with following:
TABLE 3-8.3
Item Subsection Title Subject
1 207-2.5 Joints Reinforced Concrete Pipe
2 207-8.4 Joints Vitrified Clay Pipe
3 209-2.2.2 Shop Drawings Steel Pipe and Fittings
4 216-1 General Precast Reinforced Concrete Box
5 218-1 General Precast Vault
6 304-1.1.1 Shop Drawings Structural Steel
7 304-2.1 General Metal Hand Railings
3-8.4 Supporting Information.
ADD the following:
1. The Contractor shall submit samples of the materials with cut sheets of the products. The
Contractor shall organize cut sheets for review and approval by the Engineer prior to use on
the Project and identify deviation from any of the specified material clearly, including cut
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 55 of 164
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:
3-9 TECHNICAL STUDIES AND SUBSURFACE DATA
1. If reports of explorations and tests of Site conditions are referenced in the Contract
Documents, Contractor is encouraged to inspect the Site, acquire, and review these
reports, and take other necessary steps to thoroughly familiarize oneself with the Site
conditions. If a review of the documents and Site inspection indicate an obstruction or
utility conflict with the proposed work, immediately notify the Engineer.
2. Subsurface data shall include geotechnical reports, groundwater elevations, soil analyses
and characterization, and other information included or referenced in the Special
Provisions and shall apply only at the location of the test holes and to the depths
indicated.
3. Contractor is encouraged to review subsurface data, examine the Site and assess the Site
conditions pertaining to the Work. If a review of the documents and Site inspection
indicate an obstruction or utility conflict with the proposed work, immediately notify the
Engineer.
4. Soil test reports for test holes which have been drilled are available for review at the office
of the Engineer. Additional exploration may be performed at Contractor’s own expense.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 56 of 164
5. The indicated groundwater elevation is that which existed on the date specified in the
data. It shall be Contractor’s responsibility to determine and allow for the groundwater
elevation on the date the Work is performed. A difference in groundwater 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.”
3-10 SURVEYING
3-10.1 General.
ADD the following:
1. The Engineer or Surveyor shall request a right of entry to perform survey services on sewer
mains and manholes from City of Carlsbad, wastewater@carlsbadca.gov or call 442-339-
2722, 7 Calendar Days prior to the start of survey services.
2. The Contractor shall hire and pay for the services of a licensed Surveyor (“Surveyor”) to
perform all work necessary for establishing control, construction staking, records research
and all other surveying work necessary to construct the Work, provide surveying services as
required in the Contract and provide surveying, drafting and other professional services
required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on
the Site during all surveying operations and shall personally supervise and certify the
surveying work.
3. All surveying data submittals shall conform to the requirements of Section 3.8, “Submittals.”
The Contractor shall submit grade sheets to the Engineer before commencing work in the
area affected by the grade sheets. The Contractor shall submit field notes for all required
surveying to the Engineer within 10 Calendar Days of performing the survey. All surveying
field notes, grade sheets and survey calculations shall be submitted electronically. The field
notes, calculations and supporting data shall be clear and complete. Supporting data shall
include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used
by the Surveyor to determine the location of the monuments set. The field notes and
calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers
and the author of the field notes or calculations. They shall be annotated with the date of
observation or calculation, be numbered with consecutive page numbers and shall be
readable without resort to any electronic aid, computer program or documentation for 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 Business and Professions Code Sections 8700-8805 when the
Surveyor performs any surveying that such map is required under Business and Professions
Code Section 8762 and whenever the Surveyor shall establish, set or construct any
permanent survey monument. SDRS drawing M-10 A, B, C type monuments, bolts, spikes,
leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments
and marks that are at, or accessory to, property corners and street centerlines are permanent
survey monuments. The Record of Survey shall show all monuments set, control monuments
used, the basis of bearings and all other data needed to determine the procedure of 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 57 of 164
and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the
Engineer’s review and approval before submittal to the County Surveyor and before submittal
to the County Recorder.
4. Payment for Work performed to satisfy the requirements shall be included in the actual Bid
items requiring the survey work and no additional payment will be made. Extension of unit
prices for Extra Work shall include full compensation for attendant survey work and no
additional payment will be made. Payment for the replacement of disturbed monuments and
the filing of Records of Survey and/or corner records, including filing fees, shall be incidental
to the Work necessitating the disturbance of the monuments and no additional payment will
be made.
3-12 CONTRACT INFORMATION SIGNS
ADD the following:
Signs shall not be posted until approved by the Engineer. The Contractor shall complete and
submit a Review for Sign Permit (form P-11), available at:
https://www.carlsbadca.gov/services/depts/planning/applications.asp
3-12 WORK SITE MAINTENANCE
3-12.1 General.
ADD the following:
1. Maintain Site improvements including any temporary facilities, equipment, or other
materials. Remove graffiti encountered on the Site within 24 hours. See also SECTION 400 -
PROTECTION AND RESTORATION.
2. As a condition of Final Payment, the Contractor shall submit a signed and notarized affidavit
stating that all brush, trash, debris, and surplus materials resulting from this Project have
been disposed of in a legal manner. The cost of disposal is the Contractor’s responsibility.
3. The Contractor shall provide and maintain enclosed toilets for the use of their employees.
Toilets must be kept in a neat and sanitary condition and ensure that they comply with all
applicable laws, ordinances, and regulations pertaining to public health and sanitation of
dwellings and camps. The cost of such is the Contractor’s responsibility.
4. If required in the Special Provisions, the Contractor shall provide and maintain enclosed
toilets for the use of the Agency’s and Contractor’s officers, employees, or agents. Toilets
must be kept in a neat and sanitary condition and ensure that they comply with all applicable
laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and
camps. The cost of such is the Contractor’s responsibility.
5. The Contractor shall maintain drainage within and through the work areas. Earth dams will
not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other
acceptable material will be permitted, when necessary, by the SWPPP and/ or BMP plan. Such
dams shall be removed from the Site as soon as their use is no longer necessary.
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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 58 of 164
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.
3-12.3 Noise Control.
ADD the following:
1. All internal combustion engines used in the Work shall be equipped with mufflers in good
repair and are subject to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter
8.48.
3-12.4 Storage of Equipment and Materials.
3-12.4.1 General.
ADD the following:
1. Equipment and material storage shall be confined to areas approved by the Engineer.
Disposal of all rubbish and surplus materials shall be at the Contractor’s expense.
2. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm
the quantity and quality received, prepare storage area(s), store, handle, protect, move,
relocate, remove and dispose excess of all materials used to accomplish the Work.
3. Materials shall be delivered to the Work Site only during Working Hours and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the
Contractor as consignee, the Project name and number, address of delivery and name of
consignor and a description of the material(s) shipped.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 59 of 164
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. Materials and equipment shall be removed from the Site as soon as they are no longer
necessary. Before the final inspection, the Site shall be cleared of equipment, unused
materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup
costs shall be included in the Contractor’s Bid.
12. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed
immediately, and the area cleaned.
13. Excess excavation material from catch basins or similar structures shall be removed from the
Site immediately. Sufficient material may remain for use as backfill if permitted by the
Specifications. Forms and form lumber shall be removed from the Site as soon as practicable
after stripping.
14. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order
to suspend Work until the condition is corrected. No additional compensation will be allowed
because of such suspension.
15. Cleanup and dust control required in the Contract shall also be executed on weekends and
other non-Working Days when needed to preserve the health safety or welfare of the public.
The Contractor shall conduct effective cleanup and dust control throughout the duration of
the Contract. The Engineer may require increased levels of cleanup and dust control that, in
his/her sole discretion, are necessary to preserve the health, safety and welfare of the public.
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.
16. Vermin Control. At the time of acceptance, structures entirely constructed under the Contract
shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 60 of 164
arranged and paid for by the Contractor as part of the Work within the Contract time and
shall be performed by a licensed exterminator in accordance with requirements of governing
authorities. The Contractor shall be liable for injury to persons or property and responsible
for the elimination of offensive odors resulting from extermination operations.
17. Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and
remove all temporary light, power, and water at its own expense. These include piping,
wiring, lamps, and other equipment necessary for the Work. The Contractor shall 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 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 61 of 164
of the materials or equipment allowed to be stored and shall provide for the removal of the
materials or equipment and restoration of the storage site within the time allowed for the
Work.
5. Construction equipment shall not be stored at the Work Site before its actual use on the Work
nor for more than 5 Calendar Days after it is no longer needed. Time necessary for repair or
assembly of equipment may be authorized by the Engineer.
3-12.6 Water Pollution Controls.
3-12.6.2 Best Management Practices (BMPs).
ADD the following:
1. Contractor shall submit a BMP plan as a submittal to the Agency.
3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP).
ADD the following:
1. The Contractor shall evaluate the requirements for the preparation of a SWPPP for Work
within the City’s boundary by reviewing the Determination of SWPPP Tier Level and
Construction Threat Level (form E-32), which may be obtained at:
http://www.carlsbadca.gov/services/depts/landev/engineering.asp
2. The Contractor shall review the criteria requiring the preparation of a SWPPP conforming
with the State Water Resources Control Board Order No. 2022-0057-DWQ, NPDES General
Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff
Associated with Construction and Land Disturbance Activities (the Construction General
Permit or CGP). The CGP and other information are available at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml
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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 62 of 164
3-12.6.5 Payment.
DELETE in its entirety and SUBSTITUTE with the following:
1. Unless otherwise specified, payment for water pollution control, including implementation
and maintenance of BMPs, shall be considered as included in the Contract Unit Price for each
item in the Bid.
Payment for dewatering shall be as specified in the Special Provisions.
ADD 3-12.7 Vermin Control.
1. The Site and structures constructed under the Contract shall be kept free of rodents, insects,
vermin, and pests. Necessary extermination work shall be arranged and paid for by the
Contractor as part of the Work within the Contract time and shall be performed by a licensed
exterminator in accordance with requirements of governing authorities. The Contractor shall
be liable for injury to persons or property and responsible for the elimination of offensive
odors resulting from extermination operations.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.1 Completion.
DELETE in its entirety and SUBSTITUTE with the following:
1. The Contractor shall comply with the following prior to requesting a Pre-Final inspection of
the Work and filing of a written assertion that the Work has been completed:
a. Provide completed and signed redline drawings and record documents including
installation, maintenance and operation instructions, manuals and/or tools for
installed equipment.
b. Provide and properly label all keys for existing facilities or new permanent work.
c. Provide all items specified to be supplied as extra stock and spare parts. Wrap, seal,
or place in a container all items as necessary to allow for storage by the Agency for
future use. Verify the specified quantities.
d. Provide all final Special Inspection reports and certifications required by equipment
manufacturers to demonstrate compliance with applicable codes and standards.
e. Obtain any required certifications from the Engineer of Record for permanent BMPs.
f. Comply with all requirements of permits issued by jurisdictional agencies.
g. Remove temporary facilities from the Site.
h. Thoroughly clean the Site and remove all mark-outs and construction staking.
2. The Agency Inspector will schedule the Pre-Final inspection within 5 Working Days of receipt
of the Contractor’s request. The Inspector will generate a list of deficiencies (Punchlist) within
5 Working Days after the Pre-Final inspection.
3. The Contractor shall have 30 Working Days to correct the deficiencies and provide a written
response to each Punchlist item. The Inspector will review the corrective work within 5
Working Days of receipt of the Contractor’s written response to each Punchlist item. Any
outstanding deficiencies will be considered incomplete Work and the Punchlist will be
returned to Contractor. Full payment will not be made for any Bid item with outstanding
deficiencies and a Final Inspection will not be scheduled until all deficiencies are completed
to the satisfaction of the Inspector.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 63 of 164
4. The Contractor shall submit a request for Final Inspection which shall include a written
assertion that the Work has been completed in accordance with the Contract Documents and
a written response describing the corrective Work completed for all punch list items
identified in the Pre-Final inspection(s). The request for Final Inspection will not be
considered without the Contractor’s written response to the punch list items. The Inspector
will schedule the Final Inspection within 10 Working Days of receipt of the Contractor’s
request and invitees will include the Construction Manager, Engineer and representatives
from agencies or utility companies having jurisdiction over the Work. The Contractor’s
attendance is mandatory.
5. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract
Documents, the Engineer will set forth in writing the date the Work was completed. This will
be the date when the Contractor is relieved from responsibility to protect and maintain the
Work, and to which liquidated damages will be computed.
ADD 3-13.1.1 Requirements Before Requesting a Walk-through.
1. The following items are required prior to requesting a Walk-through:
a. Remove temporary facilities from the Site.
b. Thoroughly cleaning the Site and removing all mark outs and construction staking.
c. Provide completed and signed Red-lines in accordance with Contract Document
requirements.
d. Provide all material and equipment maintenance and operation instructions and/or
manuals.
e. Provide all tools which are a permanent part of the equipment installed in the Project.
f. Provide and properly identify all keys for construction and all keys for permanent
work.
g. Provide all final Special Inspection reports required by the applicable building code.
h. Provide all items specified to be supplied as extra stock. Wrap, seal, or place in a
container all items as necessary to allow for storage by the Agency for future use.
Verify the specified quantities.
i. Ensure that all specified equal opportunity (if applicable) and certified wage rate
documentations covering the Contract Time have been submitted.
j. Provide the spare parts for the proposed irrigation system as specified in the Special
Provisions.
2. Contractor shall notify the Engineer to arrange a final inspection of permanent BMPs
installed and shall obtain the completed, signed, and stamped DS-563 Form 30 Calendar Days
prior to the issuance of the Notice of Completion.
ADD 3-13.1.2 Walk-through and Punchlist Procedure.
1. When Contractor considers that the Work and Services are complete, notify the Engineer in
writing that the Project is complete and request that the Contractor and the Engineer perform
a Walk-through for the generation of a Punchlist. Contractor shall notify the Engineer at least
7 Working Days in advance of the Walk-through.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 64 of 164
2. The Engineer will first determine if the Project is ready for a Walk-through by verifying
whether the Contractor have completed all items as required by 3-13.1.1, “Requirements
Before Requesting a Walk-through.”
3. If the Work includes sewer and storm drain installations, the inspection shall include
televising in accordance with the requirements in the Contract Documents.
4. The Engineer shall facilitate the Walk-through.
5. Contractor shall make Plans, specifications, and technical data, such as submittals and
equipment manuals, available at the Site for the Walk-through attendees.
6. The Engineer will provide the Contractor with the Punchlist within 15 Working Days after the
date of the Walk-through and submit it to the Contractor. The Agency shall not provide a
preliminary Punchlist.
7. If the Engineer finds that the Project is not substantially complete as defined in the Contract,
the Engineer will terminate the Walk-through and notify the Contractor in writing.
8. If, at any time during the Engineer’s evaluation of the corrective Work required by the
Punchlist, the Engineer discovers that additional corrective Work is required, the Engineer
may include that corrective Work in the Punchlist. Contractor shall remain solely responsible
for the Project Site until the Project is completely operational, all Punchlist items have been
corrected, and all operation and maintenance manuals have been accepted by the Agency.
9. The Engineer shall meet with the Contractor until all Punchlist items are corrected. If
Contractor takes longer than 30 Working Days to complete the corrective Work, the Project
shall be subject to re-evaluation.
10. Upon acceptance of the Work, Contractor shall assemble and deliver to the Engineer all
records, documents, warranties, material certifications, bonds, guarantees, maintenance and
service agreements, and maintenance and operating manuals. Written warranties, except
manufacturer’s standard printed warranties, shall be on a letterhead addressed to the
Contractor. Warranties shall be submitted in the format described in this section, modified
as approved by the Agency, to suit the conditions pertaining to the warranty.
3-13.2 Acceptance
DELETE in its entirety and SUBSTITUTE with the following:
1. Acceptance of the Work will occur after all the requirements of the Contract Documents have
been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract,
the Engineer will recommend to the City Manager for the City of 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 65 of 164
Completion” unless the Agency has beneficial use of the Project (excluding water, sewer, and
storm drain projects). In addition, Contractor shall warranty the Work against all latent and
patent defects for a period of 10 years.
2. The warranty period for specific items covered under manufacturers’ or suppliers’ warranties
shall commence on the date they are placed into service at the direction of or as approved
by the Engineer in writing.
3. All warranties, express or implied, from Subcontractors, manufacturers, or suppliers, of any
tier, for the materials furnished and work performed shall be assigned, in writing, to the
Agency, and shall be delivered to the Engineer prior to the acceptance of the Contractor’s
performance of the Contract.
4. Replace or repair defective materials and workmanship in a manner satisfactory to the
Engineer after notice to do so from the Engineer and within the time specified in the notice.
If Contractor fails to make such replacements or repairs within the time 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.”
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 66 of 164
7. If, during the warranty period, any item of the Work is found to be Defective Work, Contractor
shall correct it promptly after receipt of written notice from the Agency to do so. The
warranty period shall be extended with respect to portions of the Work corrected as part of
the warranty requirements.
ADD 3-13.3.1 Defective Work.
1. If the Engineer finds any part of the Work, to be defective or not in compliance with the
Contract Documents, the Contractor shall correct the Defective Work in accordance with the
Engineer’s written instructions and within the specified time limits.
2. The Engineer may order Contractor to stop all or part of the Project if, upon notice, Contractor
fails to immediately correct the Defective Work in conformance with the Contract
Documents. The Contractor bears all direct and indirect costs and damages that result from
the Agency’s Stop Work notice.
3. The Engineer may determine in its sole discretion to accept Defective Work instead of having
the Contractor correct the Defective Work. However, the Contractor will still be financially
responsible for the Defective Work. The Engineer shall issue a deductive Change Order and
will incorporate the necessary revisions in the Contract Documents for the Defective Work,
the diminished value to the Project, or for the cost to repair the Defective Work.
4. If the Contractor fails to correct Defective Work within the specified time limits, the Engineer
may correct the Contractor’s Defective Work. The Agency has the right to correct any
Defective Work without notice in the event of an emergency. Contractor 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 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 67 of 164
Except for items put into use with the Engineer’s permission with date mutually agreed upon
in writing, ensure that the beginning time of the warranty is the Project completion date.
3. The Contractor shall verify that the documents are in proper form, contain full information,
and are notarized.
4. The Contractor shall verify that warranties are signed by both the Contractor and the
appropriate party.
5. The Contractor shall provide warranties to the Engineer with a neatly typed table of contents,
identifying each warranty with the number and title of the applicable specification section
requiring the warranty and the name of the product or work item.
6. The Contractor shall separate each warranty with index tab sheets keyed to the table of
contents listing. Provide complete information using separate typed sheets as necessary. The
information shall include a list of Subcontractors and Suppliers with the name, address, and
telephone number of the responsible principals.
3-13.3.3 Long-Term Warranty Contract (LTWC).
1. If specified in the Special Provisions and when a LTWC is included in the Contract Documents,
the Contractor shall execute and submit the supplemental agreement for the extended
Project warranty (the LTWC covering the workmanship and materials).
2. The first 3 years of warranty protection after installation shall be secured by the faithful
performance and payment bonds in accordance with 1-7.2, “Contract Bonds.”
3. At the conclusion of the initial 3-year bonded warranty period, an “n”-year subsequent
manufacturer’s warranty for labor and materials shall commence and run concurrently with
the LTWC, where “n” is the number of additional years beyond the initial 3 years as specified
in the Special Provisions. Alternatively, and with respect to the 3-year bonded warranty, the
Contractor may submit a 2-year bond followed by 1-year bond. If the alternate option is
selected, the 1-year bond shall be submitted to the Agency at least 90 Calendar Days before
the expiration of the original 2-year bond. Contractor shall clearly inform the Contract
Specialist of the option selected. The protection provided shall not be for less than 3 + “n”
years continuously.
4. The manufacturer’s warranty for parts and labor shall secure performance of the LTWC by
the Contractor. Additional security in the form of bonds for both the LTWC and the
manufacturer’s extended “n”-year warranty (in years 4 and on following Acceptance) 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 68 of 164
7. Provision of the manufacturer’s warranty, bonds, or both as specified is a pre-condition to
award of the Contract.
8. Refer to the LTWC for additional information. The provisions of 3-3, “SUBCONTRACTORS”
shall not apply to LTWC.
ADD 3-14 PARTNERING
1. Contractor may request the formation of a formal partnering relationship (Partnering) by
submitting a request in writing to the Engineer after approval of the Contract. If Contractor’s
request for Partnering is approved by the Engineer, scheduling of a Partnering workshop,
selecting the Partnering facilitator and workshop, selecting the Partnering facilitator and
workshop site, and other administrative details shall be as agreed to by both Parties.
2. The establishment of a Partnering shall not change or modify the terms and conditions of the
Contract and shall not relieve either party of the legal requirements of the Contract.
3. The goals of Partnering include the following:
a. The Engineer and Contractor’s representatives, including Contractor’s
Subcontractors, actively working together as partners.
b. Avoidance of destructive confrontation and litigation among the parties.
c. Mutual understanding on how the Work is to be conducted.
d. Establishment of mutual key results to facilitate Project success.
e. Establishment of an atmosphere of teamwork, trust, and open communication.
3-14.1 Payment.
1. The payment for providing a facilitator and a workshop site shall be borne equally by the
Agency and Contractor. Contractor shall pay in advance all compensation for the costs of the
facilitator and for the costs of obtaining the workshop site.
2. Unless a Bid item has been provided for “Partnering,” the Agency’s share of such costs shall
be reimbursed to Contractor as Extra Work. Markups shall not be added. Other costs
associated with the Partnering relationship shall be borne separately by the party incurring
the costs.
ADD 3-15 PUBLIC CONVENIENCE
1. The Contractor shall provide and maintain safe and adequate pedestrian and vehicular access
to fire hydrants; hospitals; police and fire stations; commercial and industrial establishments
including churches, schools and parking lots; service stations; 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 69 of 164
partial street closures or for curb, sidewalk or driveway repairs, the residences and/or
businesses directly affected by the Work shall be notified. The notice shall:
a. Be written and hand delivered.
b. State the date and time the Work will begin and its anticipated duration.
c. Provide a brief description of the Work and simple instructions to the home or
business owner on actions to facilitate the construction.
d. List 2 telephone numbers to obtain additional information. One number shall be the
Contractor’s permanent office or field office and the other number shall be a 24-hour
number answered by someone who is knowledgeable about the Project. An
answering machine shall not be connected to either number.
e. For residences, be prepared on 65-lb. brightly colored card stock or equivalent
durability with contrasting, 12-point font or larger printing; pre-cut in a manner for
hanging on a doorknob; and minimum size of 3-1/2 inches wide by 8-1/2 inches long
(refer to the appendices for an example).
f. Be approved by the Engineer prior to distribution.
5. The Contractor shall post “No Parking” signs 72 hours in advance of the Work. The signs shall
state the date and time of parking restriction for a duration not to exceed the time necessary
to complete the Work at that location. If the Work is delayed or rescheduled, the signs shall
be removed and re-posted 72 hours in advance of the rescheduled Work.
6. Payment for public convenience shall be considered as included in the Contract Price for each
item in the Bid and no additional payment will be made.
ADD 3-16 SITE ACTIVITIES BY THE AGENCY OR SEPARATE CONTRACTORS
3-16.1 The Agency’s Right to Award Separate Contracts.
1. The Agency reserves the right to perform work or operations outside the Scope of Work of
the Contract related to the Project with Agency Forces, Separate Contractors, or both. If work
to be performed by another party was not noted in the Contract, the Agency shall give written
notice to Contractor 10 Working Days prior to the start of any Work. If Contractor determines
that the work being performed by the Agency or others may interfere with or cause damage
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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 70 of 164
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.
SECTION 4 – CONTROL OF MATERIALS
4-1 PROTECTION
ADD the following:
1. The Contractor shall repair or replace any equipment and materials in the event of vandalism,
damage, or theft at no additional cost to the Agency.
2. The Contractor shall be responsible for the protection of public and private property adjacent
to the Work and shall exercise due caution to avoid damage to such property.
3. All costs to the Contractor for protecting, removing, and restoring existing improvements
shall be included in the Bid.
4. The Agency and affected utility companies have, by a search of known records, endeavored
to locate and indicate on the Plans, all utilities which exist within the limits of the Work.
However, the accuracy and/or completeness of the nature, size and/or 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 71 of 164
compensation for such Work shall be considered as included in the prices Bid for other items
of Work.
6. The Contractor shall not interrupt the service function or disturb the support of any utility
without authority from the owner or order from the Agency. All valves, switches, vaults, and
meters shall be maintained readily accessible for emergency shutoff.
7. Where protection is required to ensure support of utilities located as shown on the Plans or
in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish, and
place the necessary protection at its expense.
8. Upon learning of the existence and location of any utility omitted from or shown incorrectly
on the Plans, the Contractor shall immediately notify the Engineer in writing. When
authorized by the Engineer, support or protection of the utility will be paid for.
9. The Contractor shall immediately notify the Engineer and the utility owner if any utility is
disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any
utility damaged if located.
10. When placing concrete around or contiguous to any non-metallic utility installation, the
Contractor shall at its expense:
a. Furnish and install a 2-inch cushion of expansion joint material or other similar
resilient material; or
b. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular
space between the concrete and the utility; or
c. Provide other acceptable means to prevent embedment in or bonding to the
concrete.
11. Where concrete is used for backfill or for structures which would result in embedment, or
partial embedment, of a metallic utility installation; or where the coating, bedding or other
cathodic protection system is exposed or damaged by the Contractor’s 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.
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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 72 of 164
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
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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 73 of 164
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.
4-2 INSPECTION
4-2.1 General.
ADD the following:
1. All costs of inspection at the source, including salaries and mileage costs, shall be paid by the
Contractor.
2. Materials typically accepted by Certificate of Compliance shall not require inspection at the
source unless specified in the Contract Documents. For a list of these items or materials,
Contractor may refer to the Summary of Work.
3. Location changes to the source of materials requiring inspection without the required 24-
hour notification may result in non-compliant material subject to rejection. Contractor shall
be responsible for staff charges resulting from last minute changes or cancellations once staff
has been deployed. The Engineer shall issue a deductive Field Order for a minimum of 2 hours
of staff time to reimburse the Agency for misdirected staff charges. The Contractor shall be
notified in writing of the additional staff charges incurred.
4. Steel pipe in sizes larger than 18 inches shall require inspection at the source of production.
5. Vitrified clay and cast-iron pipe in all sizes are acceptable upon submittal of a Certificate of
Compliance, subject to sampling and testing by the Agency.
6. Agency staff or a qualified inspection agency approved by the Engineer shall witness all
welding, lining, coating, and testing. Contractor shall incur additional inspection costs
outlined in 4-2.3, “Inspection of Items Not Locally Produced.”
7. All parts of production (including but not limited to product fabrication, welding, testing,
lining, and coating of straight pieces and specials) shall be performed or produced in the
United States.
8. Welding and all testing shall be performed by certified welders and testing staff with
credentials traceable in the United States.
9. The Contractor shall provide the Engineer free and safe access to any and all parts of Work at
any time. Such free and safe access shall include means of safe access and egress, ventilation,
lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained
in the California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of
Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations
as may apply. Contractor shall furnish Engineer with such information as may be necessary
to keep the Engineer fully informed regarding progress and manner of work and character of
materials. Inspection or testing of the whole or any portion of the Work or materials
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 74 of 164
incorporated in the Work shall not relieve Contractor from any obligation to fulfill this
Contract.
4-2.3 Inspection of Items Not Locally Produced.
ADD the following:
1. The Engineer may elect Agency staff or Consultants to perform inspection of an out-of-town
manufacturers. The Contractor shall incur additional inspection costs of the Engineer
including lodging, meals, and incidental expenses based on Federal Per Diem Rates, along
with travel and car rental expenses. If the manufacturing plant operates a double shift, a
double shift shall be figured in the inspection costs.
a. At the option of the Engineer, full time inspection shall continue for the length of the
manufacturing period. If the manufacturing period will exceed 3 consecutive weeks,
Contractor shall incur additional inspection expenses of the Engineer’s supervisor for
a trip of 2 Working Days to the site per month.
b. When the Engineer elects Agency staff or Consultants to perform out-of-town
inspections, the wages of staff employed by the Agency shall not be part of the
additional inspection expenses paid by Contractor.
c. Federal Per Diem Rates can be determined at the location below:
https://www.gsa.gov/portal/content/104877
2. Specialty Testing of Foreign Materials.
a. Materials that are manufactured, produced, or fabricated outside of the United States
shall be delivered to a distribution point in California, unless otherwise specified.
Quality Control and related testing shall be performed to all applicable specified US
standards. Manufacturer’s testing and staff certification shall be traceable to a United
States regulatory agency. Retain the materials for a sufficient period of time to permit
inspection, sampling, and testing. The Contractor shall not be entitled to an extension
of time for acts or events occurring outside of, at point of entry, or during transport
to the United States, unless the extension is acceptable to the Engineer.
ADD 4-2.4 Specialty Inspection Paid for by the Contractor.
1. Contractor shall employ and pay for the services of a qualified inspection agency to perform
specialty inspection services as required by the Contract Documents.
2. The payment for the specialty inspection service Work shall be included under the Bid item
for “Specialty Inspection Paid For By the Contractor.”
3. When an Allowance Bid item for “Specialty Testing Under the Direction of the Engineer” is
provided, Contractor shall employ and pay for the services of a qualified third party
independent laboratory to perform the required testing. Contractor shall be reimbursed for
the cost of testing under this Bid item.
4. Contractor shall be reimbursed for the cost of specialty inspections when an Allowance Bid
item is included in the Bid otherwise the cost is the responsibility of the Contractor if the
manufacturer requires a specialty inspection service.
4-3 TESTING
ADD the following:
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 75 of 164
1. Except as specified in these Special Provisions, the Agency will bear the cost of testing of
locally produced materials and/or on-site workmanship where the results of such tests meet
or exceed the requirements indicated in the Standard Specifications, Technical Specification,
and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
2. At the option of the Engineer, the source of supply of each of the materials shall be approved
by the Engineer before the delivery is started. All materials proposed for use may be
inspected or tested at any time during their preparation and use. If, after incorporating such
materials into the Work, it is found that sources of supply that have been approved do not
furnish a uniform product, or if the product from any source proves unacceptable at any time,
the Contractor shall furnish approved material from other approved sources. If any product
proves unacceptable after improper storage, handling or for any other reason it shall be
rejected, not incorporated into the Work and shall be removed from the Project Site all at the
Contractor’s expense.
3. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed
the requirements of the specifications shall be borne by the Agency. The tests may be made
at any place along the Work as deemed necessary by the Engineer. The costs of any retests
made necessary by noncompliance with the specifications shall be borne by the Contractor.
4-4 TRADE NAMES
ADD the following:
1. Whenever materials or equipment are indicated in the Contract Documents by using the
name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function, and quality required.
2. Unless stated otherwise, materials or equipment of other suppliers may be accepted if
sufficient information is submitted to the Engineer for review to determine whether the
material or equipment proposed is equivalent or equal to that named.
3. For reviews prior to Bid:
a. The Engineer shall respond to Contractor’s substitution proposal by the last date for
issuing an Addendum for the Contract. If the Engineer fails to respond to Contractor’s
substitution proposal before the Bid due date, the substitution proposal shall be
deemed denied.
b. Contractor may bring forward a substitution proposal after Award that was denied
based on the Engineer’s failure to respond by submitting a Cost Reduction Proposal
in accordance with 2-6.1, “Cost Reduction Proposal.”
4. Include the following information in the request for substitution:
a. Whether or not acceptance of the substitute for use in the Work shall require a change
in any of the Contract Documents to adopt the design to the proposed substitute.
b. Whether or not incorporation or use of the substitute in connection with the Work is
subject to the payment of any license fee or royalty.
c. All variations of the proposed substitute from the items originally specified shall be
identified.
d. Available maintenance, repair, and replacement service requirements. The
manufacturer shall have a local service agency within 50 miles (80.5 km) of the Site
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 76 of 164
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.
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.
4-5 WEIGHING AND METERING EQUIPMENT
REPLACE the first paragraph with the following:
All scales and metering equipment used for proportioning materials shall be inspected for
accuracy and certified within the past 12 months by the State of California Bureau of Weights
and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic
registered with or licensed by the County.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS
ADD the following:
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 77 of 164
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 7:00 AM and 4:00 PM on Mondays through Fridays, excluding Agency holidays.
The Contractor shall obtain the written approval of the Engineer if the Contractor desires to
work outside these hours or at any time during weekends and/or holidays. This written
permission must be obtained at least 48 hours prior to such work. The Engineer may approve
work outside the stated hours and/or days when, in his/her sole opinion, such work
conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor
shall pay the inspection costs of such work.
2. The Contractor shall incorporate the dates, areas and types of work prohibited in this section
in the Construction Schedule. No additional payment, adjustment of bid prices or adjustment
of contract time of completion will be allowed as a consequence of the prohibition of work
being performed within the dates, areas and/or types of work prohibited in this section.
5-4 INSURANCE
5-4.1 General.
ADD the following:
1. Contractor shall procure and maintain for the duration of the Contract insurance against
claims for injuries to persons or damage to property which may arise from or in connection
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 78 of 164
with the performance of the Work by the Contractor, his or her agents, representatives,
employees or Subcontractors. The insurance shall meet the City’s policy for insurance as
stated in City Council Policy No. 70.
a. Coverages and Limits: Contractor shall maintain the types of coverages and minimum
limits specified in these Agency Supplemental General Provisions (00 73 00):
i. Commercial General Liability (CGL) Insurance: Insurance written on an
“occurrence” basis, including products-completed operations, personal &
advertising injury, with limits no less than $2,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
ii. Business Automobile Liability Insurance: $2,000,000 combined single limit
per accident for bodily injury and property damage. In addition, the auto policy
must cover any vehicle used in the performance of the Contract, used onsite
or offsite, whether owned, non-owned or hired, and whether scheduled or
non-scheduled.
iii. Workers’ Compensation and Employers’ Liability Insurance: Workers’
compensation limits as required by the Labor Code and Employers’ Liability
limits of $1,000,000 per incident. Workers’ compensation offered by the State
Compensation Insurance Fund is acceptable to the City.
b. Additional Provisions: Contractor shall ensure that the policies of insurance required
under this Contract with the exception of Workers’ Compensation and Business
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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 79 of 164
c. Notice of Cancellation. Each insurance policy required by this Contract shall be
endorsed to state that coverage shall not be nonrenewed, suspended, voided,
canceled, or reduced in coverage or limits except after 10 Calendar Days’ prior written
notice has been sent to the Agency by certified mail, return receipt requested.
d. Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-
insured retention levels must be declared to and approved by the Agency. At the
option of the Agency, either: the insurer shall reduce or eliminate such deductibles or
self-insured retention levels as respects the Agency, its officials and employees; or the
Contractor shall procure a bond guaranteeing payment of losses and related
investigation, claim administration and defense expenses.
e. Waiver of Subrogation. All policies of insurance required under this Contract shall
contain a waiver of all rights of subrogation the insurer may have or may acquire
against the Agency or any of its officials or employees.
f. Subcontractors. Contractor shall include all Subcontractors as insured under its
policies or shall furnish separate certificates and endorsements for each
Subcontractor. Coverages for Subcontractors shall be subject to all of the
requirements stated in these Agency Supplemental General Provisions (00 73 00).
g. Acceptability of Insurers. Insurance must be placed with insurers that have a rating
in Best’s Key Rating Guide of at least A-:VII. Insurers must also be authorized to
transact the business of insurance by the State of California Insurance Commissioner
as admitted carriers as evidenced by a listing in the official publication of the
Department of Insurance of the State of California and/or under the standards
specified by City Council Policy No. 70.
h. Verification of Coverage. Contractor shall furnish the Agency with certificates of
insurance and original endorsements affecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be in forms approved by the Agency and are to be received and
approved by the Agency before the Contract is executed by the Agency.
i. Coverage and Limits. Contractor will maintain the types of coverage and minimum
limits indicated below unless the Risk Manager or City Manager or Executive Manager
approves a lower amount. These minimum amounts of coverage will not constitute
any limitations or cap on Contractor’s indemnification obligations under this Contract.
Agency, its officers, agents, and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Contract are
adequate to protect Contractor. If Contractor believes that any required insurance
coverage is inadequate, Contractor will obtain such additional insurance coverage, as
Contractor deems adequate, at Contractor’s sole expense. The full limits available to
the named insured shall also be available and applicable to the Agency as an
additional insured.
j. Cost of Insurance. The Cost of all insurance required under this Contract shall be
included in the Contractor’s Bid.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 80 of 164
5-6 PATENTS FEES AND ROYALTIES
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor shall pay, at no additional cost to the Agency, all applicable royalties and license
fees arising from the Work. Contractor shall indemnify and defend all claims and lawsuits for
infringement of patent, trademark, and copyright against the Agency and shall hold the
Agency harmless from any loss.
5-7 SAFETY
5-7.1.1 General.
ADD the following:
1. When conducting grading or excavation, place Contractor’s name and emergency telephone
number adjacent to the Work at intervals and locations approved by the Engineer. The
method of posting shall be approved by the Engineer.
2. The Contractor shall respond and initiate corrective action in accordance with OSHA and
within 24 hours of the notice of the nonconforming Work that poses an imminent threat to
person or property.
3. The Contractor shall erect and properly maintain at all times, as required by the conditions
and progress of the Work, all necessary safeguards for the protection of workers and public,
and shall use danger signs warning against hazards created by such features of construction
as protruding nails, hoists, well holes, and falling materials.
ADD 5-7.1.3 Health and Safety Plan (HSP).
1. The Contractor is ultimately responsible for the health and safety of Contractor’s employees.
These specifications shall not be construed to limit Contractor’s liability nor to assume that
the Agency, its employees, or designees shall assume any of Contractor’s liability associated
with Site safety considerations.
2. Contractor shall have a HSP in effect at least 1 week prior to the commencement of the Work.
The HSP shall comply with all OSHA and other applicable requirements.
3. The HSP shall specifically address procedures and protocols that shall be followed to monitor
for or respond to the presence of hazardous atmosphere, possibility for engulfment, gasses
due to organic soils or proximity to landfills, exposure to hazardous products such as may be
released when grinding, cutting, or torching galvanized or painted surfaces or asbestos
containing materials, contaminated soil, and groundwater. Identify response actions that
shall be taken when these conditions are encountered.
4. The Agency shall not assume any role in determining the adequacy of the HSP on Contractor’s
behalf.
5-7.3 Use of Explosives.
ADD the following:
1. Explosives may be used only when authorized in writing by the Engineer. The Contractor shall
prepare and submit an application for blasting permit to the City of Carlsbad Engineering
Department and comply with the City’s blasting policy.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 81 of 164
5-7.7 Security and Protective Devices.
5-7.7.1 General.
DELETE in its entirety and SUBSTITUTE with the following:
1. Security and protective devices shall consist of fencing, railing, steel plates, or other devices
for the protection of workers or the public from hazards posed by open excavations or any
work in progress. Security and protective devices shall remain in place until the Work is
accepted.
2. Unless otherwise specified, no separate or additional payment will be made for security and
protective devices. Payment shall be included in the Contract price for the various Bid items
requiring such devices.
ADD 5-7.7.3 Playground Safety.
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.
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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 82 of 164
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.
12. The pavement shall be cold planed to a depth equal to the thickness of the plate and to a
width and length equal to the dimensions of the plate. The cold milling shall produce a flat
surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps
between the unmilled pavement and the plate shall not exceed 25 mm (1 ") and shall be filled
with elastomeric sealant material which may, at the contractor's option, be mixed with no
more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-
5.2 and 203-5.3.
ADD 5-8 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
1. Contractor agrees to defend, indemnify, and hold harmless Agency, its affiliated and
subsidiary entities, and its elected and appointed officials, officers, directors, managers,
employees and agents (“Indemnified Parties”) from and against all claims asserted, liability
established, or judgments for damages or injuries to any person or property, including to
Contractor’s officers, employees, agents, or subcontractors, arising directly or indirectly out
of the Work, which arise from, are connected with, or are caused or claimed to be caused by
the acts or omissions of Contractor, its officers, employees, agents or subcontractors.
Contractor’s duty to defend, indemnify, and hold harmless shall not include any claims or
liabilities arising from the sole negligence or sole willful misconduct of the Indemnified
Parties.
Contractor further agrees that its duty to defend includes all attorney fees and costs
associated with enforcement of this indemnification provision, defense of any claims arising
from this Contract, and, where a conflict of interest exists or may exist between Contractor
and Agency, the reasonable value of attorney fees and costs if Agency chooses, at its own
election, to conduct its own defense or participate in its own defense of any claim related to
this Contract.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 83 of 164
2. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to
the Award of the Contract to Contractor, and Contractor will pay all costs, including defense
costs for the Agency. Defense costs include the cost of separate counsel for the Indemnified
Parties, if the Indemnified Parties request separate counsel.
3. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to
the Award of the Contract to Contractor, arising in whole or in part from alleged inaccuracies
or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor
will pay all costs, including defense costs for the Agency. Defense costs include the cost of
separate counsel for the Indemnified Parties, if the Indemnified Parties request separate
counsel.
4. Contractor shall defend, indemnify, protect and hold the Indemnified Parties harmless from
and against any dispute between Contractor and Contractor’s Subcontractors if the
Indemnified Parties are made a party to any judicial or administrative proceeding.
ADD 5-9 CONFLICT OF INTEREST
1. Establish and make known to Contractor’s employees appropriate safeguards to prohibit
employees from using their positions for a purpose that is or gives the appearance of being
motivated by desire for private gain for themselves or others and particularly those with
whom they have family, business, or other relationships. Project personnel shall not accept
gratuities or any other favors from Subcontractors or potential Subcontractors.
2. Contractor is subject to all federal, state, and local conflict of interest laws, regulations, and
policies applicable to public contracts and procurement practices (Government Code Sections
1090 et. seq. and 81000 et. seq., the Agency’s Ordinances, and the City of Carlsbad Municipal
Code). If, in performing the Work, Contractor 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.
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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 84 of 164
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 5-10 ELECTRONIC COMMUNICATION
1. When specified in the Contract Documents, Contractor shall post all communications
addressed to the Engineer concerning construction including RFIs, submittals, daily logs, and
transmittals to the Project management website established for the Project. The Contractor
shall maintain a list of scheduled activities including planned and actual execution dates for
all major construction activities and milestones defined in the approved Schedule. The
Contractor shall review and act on all communications 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 5-11 STATUTORY REFERENCES
1. All references in these Agency Supplemental General Provisions (00 73 00) to any statute,
rule or regulation are to the statute, rule or regulation as amended, modified, supplemented,
or replaced from time to time by the corresponding legislative or regulatory body.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
ADD the following:
1. A Payment for the Construction Schedule shall be included in the Contract Price and no
separate payment will be made therefor.
6-2 PROSECUTION OF WORK
ADD the following:
1. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all
excavations and restores to usefulness all improvements existing prior to the start of the
Work.
2. When a Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to
the Agency, Contractor shall remove such Subcontractor immediately upon written request
of the Agency, and shall request approval of a replacement Subcontractor to perform the
Work in accordance with the Subletting and Subcontracting Fair Practices Act (Pub. Contract
Code, § 4100 et seq.) at no added cost to the Agency.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 85 of 164
ADD 6-2.1 Order of Work.
1. The Contractor shall incorporate the requirements of the city, utility companies or agencies
having jurisdiction over the Work in accordance with 2-4 Cooperation and Collateral Work,
including any phasing requirements identified on the Plans or Special Provisions.
2. 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 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 slurry seal or
asphalt overlay is placed. Each completed segment shall include other incidental Work
items (weed abatement, damaged asphalt pavement replacement, asphalt patching,
resurfacing, striping, markings, raised pavement markers, and inlet markers).
b. Where shutdowns of 16-inch and larger pipes are required, there is a shutdown
moratorium from May until October. The Contractor shall plan and schedule Work
accordingly. No additional payment or Working Days will be granted for delays due to
the moratorium.
4. When specified in the Contract Documents, the PEP is included in the stipulated Contract
Time and shall begin with the acceptance of the installation of the vegetation plan in
accordance with Part 8 – LANDSCAPING AND IRRIGATION.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 86 of 164
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. Punch list items can be worked on during this 2-week
period.
6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General.
ADD the following:
1. The Agency shall only grant an extension of time if the Extra Work or unforeseen condition
impacts the Project’s critical path. All requests for an extension in Contract Time for any Extra
Work or unforeseen event shall be demonstrated by using the CPM. No other scheduling
method shall be used to calculate the Project’s schedule.
6-4.2 Extensions of Time.
DELETE in its entirety and SUBSTITUTE with the following:
1. The Contract Time shall be modified only by Change Order.
2. Contractor shall immediately submit to the Agency a written request for a Change Order to
modify the Contract Time, but in no event later than 1 Working Day after the occurrence and
discovery of the events giving rise to the request. Contractor shall include in Contractor’s
request a general description of the basis for and the estimated length of any extension and
submit supporting data, including a time impact analysis setting forth the claimed Critical
Path impacts to the Construction Schedule consistent with Section 1.14 (Change Orders,
Delays, and Extensions of Time).
3. The Engineer shall not grant an extension of Contract Time unless Contractor demonstrates,
through an analysis of the critical path, the following:
a. The event causing the delay impacted the activities along the Project’s critical path.
b. The increases in the time to perform all or part of the Project beyond the Contract
Time arose from unforeseeable causes beyond Contractor’s control and without
Contractor’s fault or negligence.
c. All Project float has been used.
4. The Engineer shall issue a weekly document that stipulates the Contract Time. If Contractor
does not agree with this document, Contractor shall submit to the Engineer for review a
written protest supporting Contractor’s objections to the document within 15 Working Days
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 87 of 164
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 and Site cleanup. A
reasonable period of time is considered to be 5 to 10 Working Days after backfilling any 1
block, approximately 600 feet, of pipeline. The Engineer shall determine the period of time
allowed which shall not be subject to dispute.
2. During periods when the Work is suspended, Contractor shall be prepared for any emergency
Work that shall be supervised by Contractor’s representative.
3. Trenching operations are subject to suspension if the Contractor does not comply with the
requirements for the maximum length of open trench specified in 306-3.5.
6-7 TERMINATION OF THE CONTRACT FOR DEFAULT
6-7.1 General.
DELETE in its entirety and SUBSTITUTE with the following:
1. Prior to the Acceptance of the Work, Contractor shall be found in default of the Contract if:
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 88 of 164
a. Contractor becomes insolvent, assign Contractor’s assets for the benefit of
Contractor’s creditors, are unable to pay Contractor’s debts as they become due, or
are otherwise financially unable to complete the Work.
b. Contractor abandons the Work by failing to report to the Site and by failing to
diligently execute the Work to completion.
c. Contractor disregards written instruction from the Engineer or materially violates
provisions of the Contract Documents.
d. Contractor fails to execute the Work according to the Schedule approved by the
Engineer.
e. Contractor disregards laws or regulations of any public body having jurisdiction.
f. Contractor commits continuous or repeated violations of regulatory or statutory
safety requirements.
g. Contractor fails to notify the Engineer upon discovery of items of Native American,
Archaeological, or Paleontological interests.
2. Notices and other written communications regarding default between the Contractor, the
Agency, and the Surety shall be transmitted in accordance with 5- 2, “SPECIAL NOTICES.”
6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE
DELETE in its entirety and SUBSTITUTE with the following:
1. At any time, the Agency may at its sole discretion terminate this Contract in whole or in part.
If the Agency decides to terminate this Contract for convenience, the Agency shall issue a
written notice of termination for convenience in accordance with 5-2, “SPECIAL NOTICES.”
Upon receipt of this notice, Contractor shall immediately proceed as follows:
a. Stop Work immediately or in accordance with the Notice of Termination.
b. Notify Subcontractors and Suppliers to immediately cease their Work and place no
further subcontracts for materials, services, or facilities except as necessary to
complete any authorized continued portion of the Contract.
c. Terminate all subcontracts to the extent that they relate to the Work terminated.
d. With approval by the Engineer, settle all outstanding obligations arising from the
termination of subcontracts. This approval shall be final for the purposes of this
section.
e. As directed by the Engineer, transfer and deliver completed or partially completed
drawings, plans, calculations, specifications, and any other documents and records
that, if the Contract had been completed, would be required to be furnished to the
Agency.
f. Complete the performance of the Work not terminated.
g. Take all necessary steps and actions to minimize all costs to the Agency as a result of
the termination.
h. Take any action that may be necessary or that the Engineer may direct for the
protection and preservation of the property related to the Contract that is in
Contractor’s possession and in which the Agency has or may acquire an interest.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 89 of 164
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.
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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 90 of 164
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
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 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 91 of 164
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.
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.
SECTION 7 – MEASUREMENT AND PAYMENT
Units of Measurement. The system of measure for this contract shall be the U.S. Standard
Measures.
7-2 LUMP SUM WORK
ADD 7-2.1 Schedule of Values (SOV).
1. Submit a SOV for the lump sum Bid items of the Work to the Engineer for review and approval
at the pre-construction meeting.
2. The SOV shall:
a. Subdivide the Work into its respective parts.
b. Include values for all items comprising the Work.
c. Serve as the basis for monthly progress payments.
3. The Engineer is the sole judge of acceptable numbers, details, and description of values
established. If, in the opinion of the Engineer, a greater number of SOV items than proposed
by Contractor is necessary, add the additional items identified by the 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 92 of 164
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 1 or both documents, the Contractor shall propose changes to the
SOV and to the Schedule activities to satisfy the Schedule cost loading requirements.
8. The Contractor shall update and submit these listings in conjunction with the Schedule
monthly submittals.
9. The Contractor shall incorporate issued Change Orders or Field Orders in the Schedule into
the SOV as single units identified by the Change Order or Field Order number.
10. Changes to the Schedule which add activities not included in the original Schedule but
included in the original Work (schedule omissions) shall have values assigned as accepted by
the Engineer. Other activity values shall be reduced to provide equal value adjustment
increases for added activities as accepted by the Engineer.
11. In the event that the Contractor and the Engineer agree to make adjustments to the original
SOV because of inequities discovered in the original accepted SOV, increases and equal
decreases to values for activities may be made.
12. The payment for the preparation of the SOV shall be included in the Contract Price.
7-3 PAYMENT
7-3.1 General.
To paragraph (8), DELETE in its entirety and SUBSTITUTE with the following:
If, within the time fixed by law, a properly executed notice to stop payment is filed with the
Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money
plus 25 percent due for such labor or materials will be withheld from payment in accordance with
applicable laws. At the expiration of 30 Calendar Days from the date of recording the NOC, the
amount deducted from the final estimate and retained by the Agency shall be paid to Contractor
except such amounts as are required by law to be withheld by properly executed and filed notices
to stop payment.
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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 93 of 164
3. Guarantee periods shall not be affected by any payment but shall commence on the date of
recordation of the Notice of Completion.
7-3.2 Partial and Final Payment.
To paragraph (5), DELETE in its entirety and SUBSTITUTE with the following:
Pursuant to Public Contract Code Section 22300, Contractor shall have the option, at Contractor’s
expense, to substitute for any money withheld by the Agency, securities equivalent to the
amount being withheld. Securities eligible for such substitution are bank or savings and loans
certificates of deposit or such securities which are eligible for investment pursuant to
Government Code Section 16430. As to any such security or securities so substituted for monies
withheld, Contractor shall be the beneficial owner of same and shall receive any accrued interest.
Such security shall, at Contractor’s request and expense, be deposited with the Agency or with a
State or Federally Chartered bank as the escrow agent who shall pay such monies to Contractor
upon notification by the Engineer that payment can be made. Such notification shall be given at
the expiration of 30 Calendar Days from the date of NOC, or as prescribed by law, provided
however, that there shall be a continued retention of the necessary securities 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.
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 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 94 of 164
2. Final Payment and release of Retention shall be paid after Contractor submits the following:
a. An affidavit that payrolls and bills for materials, equipment, and other indebtedness
connected with the Work for which the Agency or the Agency’s property might be
responsible for or encumbered by. Fewer amounts withheld by the Agency shall have
been paid for or otherwise satisfied.
b. A certificate evidencing that insurances required by the Contract Documents shall
remain in force after Final Payment is currently in effect and shall not be canceled or
allowed to expire until at least a 30 Calendar Days prior written notice has been given
to the Engineer.
c. Consent of Surety to Final Payment.
d. If required by the Engineer, other data establishing payment or satisfaction of
obligations such as receipts, releases and waivers of liens, claims, and security
interests or encumbrances arising out of the Contract Documents. If a Subcontractor
refuses to furnish a release or waiver required by the Agency, Contractor may furnish
a bond satisfactory to the Engineer to indemnify the Agency against such lien.
e. If required in the Contract Documents, the successful completion and submittal of the
required reports such as construction demolition, waste recycling, and hydrostatic
discharge reports.
f. Required documentation, record drawings, operations manuals, test reports,
warranty documentation, and UL labels shall be submitted before requesting the
release of retention.
ADD 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 7-3.2.2 Amount of Progress Payments.
1. If an undisputed and properly submitted application for payment is received by the Engineer,
the Agency shall pay Contractor within 30 Calendar Days after the Engineer receives the
application for Payment consistent with Public Contract Code Section 20104.50. The Agency
shall pay Contractor for the Work performed, including the payment for offsite stored
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 95 of 164
materials per section 7-3.3.1.2, through the period covered by the application for payment if
the payment amount before Retention does not exceed the percentage of completion of the
Work as set forth in the SOV.
ADD 7-3.2.2.1 Progress Payment for Pipelines.
1. Progress payments for pipelines shall be determined by multiplying the total number of linear
feet of each of the following operations completed during the payment period, by the
corresponding percentage given below, and the Contract Unit Price for the particular main(s)
or drain(s).
2. The progress payment may include payment for items in the Bid proposal, other than mains,
which have been installed complete during the payment period.
3. Payment breakdown shall be as follows:
OPERATION PERCENTAGE
WATER:
Trench Excavation, Pipe in Place, Backfill and Cleanup. 80%
Hydrostatic and Bacterial Testing, Pavement Restoration and Final Cleanup 20%
SEWER:
Trench Excavation, Pipe in Place, Backfill and Cleanup. 80%
Testing (Wayneball and/or Mandrel), Pavement Restoration and Final
Cleanup.
20%
STORM DRAIN:
Trench Excavation, Pipe in Place, Backfill and Cleanup. 80%
Pavement Restoration and Final Cleanup. 20%
SEWER MAIN REHABILITATION:
Cleaning, Televising, liner installation, point repairs, and lateral
reinstatements.
80%
Approval of pipeline rehabilitation verified by Final Video. 20%
4. In asphalt-surfaced streets, the Agency shall pay 15% for hydrostatic and bacterial testing,
Wayneball and Mandrelling (where necessary), for water and sewer utility constructions
respectively, and operational testing for storm drains, including the trench cap and cleanup.
The Agency shall pay the remaining 5% after completing the asphalt wearing surface and final
cleanup.
5. Trench excavation, pipe in place, backfill, and cleanup of construction debris are 1 operation
that shall be complete before the Agency pays the first 80%.
ADD 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 96 of 164
ADD 7-3.2.4 Withholding of Payment and Back Charge.
1. The Engineer may withhold payment for any of the following reasons:
a. Defective or incomplete Work.
b. Stop notices, wage orders, or other withholdings required by Applicable Law.
c. Contractor’s failure to comply with 5-3.3, “Payroll Records” and the Contractor
Registration and Electronic Reporting System requirements of the Contract
Documents.
d. Failure to submit monthly Construction Schedule updates.
2. The Engineer may back charge the Contractor for any of the following reasons:
a. Defective or incorrect Work not remedied.
b. Damage to Agency property or a third party’s property that was caused by Contractor.
c. Liquidated Damages.
d. Non-attendance at meetings without prior cancellation notice.
e. Failed inspections or re-inspections paid by the Agency.
7-3.3 Delivered Materials.
DELETE in its entirety and SUBSTITUTE with the following:
1. The cost of materials and equipment delivered but not incorporated into the Work will not
be included in the progress estimate.
ADD 7-3.3.1 Payment for Stored Materials on Site.
ADD 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 97 of 164
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.
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 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 98 of 164
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
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 (Tamarack Avenue Traffic Calming
Project) 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 99 of 164
4. The complete dismantling and removal of all of Contractor’s properties, temporary facilities,
equipment, materials, construction wastes, and personnel at the Site referred to as
demobilization is included in the payment for mobilization, unless there is a Bid item for
demobilization.
5. If a separate Bid item has not been provided for mobilization, the payment for mobilization
is included in the Contract Price.
7-3.5 Contract Unit Prices.
7-3.5.1 General.
ADD the following:
1. Unit Bid prices shall not be subject to adjustment regardless of quantity used or if none is
used for the following Bid items:
a. 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 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:
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 100 of 164
Contract Price Maximum Field Order Amount
Less than $100,001 $2,500
$100,001 to $1,000,000 $5,000
$1,000,001 to $5,000,000 $10,000
Greater than $5,000,000 $20,000
ADD 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.
2. When the price for the Extra Work cannot be agreed upon, the Agency will pay for the Extra
Work based on the accumulation of costs.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 101 of 164
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor.
ADD the following:
1. The costs of labor will be the actual cost for wages of workers performing the Extra Work at
the time the Extra Work is done, plus employer payments of payroll taxes, workers
compensation insurance, liability insurance, health and welfare, pension, vacation,
apprenticeship funds, and other direct costs, resulting from federal, state, or local laws, as
well as assessments or benefits required by lawful collective bargaining agreements.
2. The use of a labor classification which would increase the Extra Work cost will not be
permitted unless the Contractor establishes the necessity for such additional costs. Labor
costs for equipment operators and helpers shall be reported only when such costs are not
included in the invoice for equipment rental. The labor cost for foremen shall be
proportionate to all their assigned work and only that applicable to Extra Work will be paid.
3. Nondirect labor costs, including superintendence, shall be considered part of the markup of
Section 7-4.2.1(1).
4. The Agency reserves the right to request the following:
a. Financial records of salaries for an employee.
b. Wage rates/Certified Payroll.
c. Bonuses and deductions.
5. Contractor shall list the labor rates of its personnel and Subcontractors who work on the
Project. The payment for payroll records is included in the Contract Price.
6. If Contractor’s proposal for Extra Work is based upon services and Work to be performed
outside Normal Working Hours, the labor charges associated with the Extra Work shall consist
of straight time wages and burdens plus the appropriate overtime or shift premium with no
additional burdens, such as fringe benefits, on the premium portion.
7-4.2.2 Tool and Equipment Rental.
DELETE in its entirety and SUBSTITUTE with the following:
1. No payment shall be made for the use of tools which have a replacement value of $200 or
less.
2. Regardless of ownership, the rates and delay factors to be used in determining equipment
rental costs shall not exceed those listed in the latest edition of the Caltrans publication
entitled “Labor Surcharge and Equipment Rental Rates” preceding the date 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 102 of 164
for the Extra Work, the rental rate shall be the invoiced rate. The rental rates paid shall
include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs
and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary
loading and transportation costs for equipment used on the Extra Work shall be included.
5. If rental equipment is not being used or used intermittently and could be returned to its rental
source rather than holding it at the Work Site, the Contractor shall return the equipment at
no expense to the Agency unless Contractor elects to keep it at the Work Site at Contractor’s
expense.
6. The reported rental time for equipment already at the Work Site shall be the duration of its
use on the Extra Work. This time shall begin when equipment is first used on Extra Work, plus
the time required to move it from its previous site and back or from its previous site to a
closer site.
7. All equipment shall be acceptable to the Engineer, in good working condition, and suitable
for the purpose for which it is to be used.
7-4.2.3 Materials.
The cost of materials reported shall be at invoice or lowest current price at which such materials
are locally available and delivered to the job Site in the quantities involved, plus sales tax, freight,
and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials
to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any
material provided by the Agency.
7-4.2.4 Invoices.
Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with
the request for payment. If the request for payment is not substantiated by invoices or other
documentation, the Agency may establish the cost of the item involved at the lowest price which
was current at the time of the report.
7-4.3 Markup.
7-4.3.1 Work by the Contractor.
DELETE in its entirety and REPLACE with the following:
The following percentages shall be added to the Contractor’s costs and shall constitute the
markup for all overhead and profits:
Labor 20
Materials 15
Equipment Rental 15
Other Items and Expenditures 15
To the sum of the costs and markups provided for in this section, 1% shall be added as
compensation for bonding.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 103 of 164
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.
SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
Facilities for agency is not required.
END OF SECTION
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 104 of 164
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS
INTRODUCTION
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 201 - CONCRETE, MORTAR AND RELATED MATERIALS
201-7 NON-MASONRY GROUT
201-7.1 General.
DELETE the second and third sentence and REPLACE with the following:
Grout shall be non-shrink grout.
SECTION 203 – BITUMINOUS MATERIALS
203-1 PAVING ASPHALT.
203-1.3 Test Reports and Certification.
DELETE in its entirety and REPLACE with the following:
1. Paving asphalt shall be supplied by Caltrans or other State Department of Transportation
approved vendors unless otherwise specified in the Special Provisions. At delivery time, the
supplying vendor shall deliver to the purchaser a certified copy of the test report. This report
shall indicate the vendor's name, grade of paving asphalt delivered, date/ time and point of
delivery, quantity delivered, ticket number, purchase order number, and results of specified
tests. The certified test report and the testing required in connection with the report shall be
submitted in accordance with 3-8.4, “Supporting Information,”’ of the Greenbook Standard
Specifications.
2. Final acceptance of the material will be dependent upon the determination by the Engineer
that the material involved conforms to the Specifications.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 105 of 164
203-6 ASPHALT CONCRETE.
203-6.1 General.
DELETE in its entirety and REPLACE with the following:
1. Asphalt concrete shall be the product of mixing mineral aggregate and up to 20 percent RAP
with asphalt binder at a central mixing plant.
2. Asphalt concrete mixtures shall conform to 203-6.4, “Asphalt Concrete Mixtures,” of the
Greenbook Standard Specifications.
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 3-8.4 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 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, 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. 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.
4. 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
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.
5. Asphalt concrete shall be the following types:
a. AC Speed Table and AC Raised Crosswalks: “Type C2-PG 64-10”.
b. AC for Existing Ramp Leveling: “Type D2-PG 64-10”.
203-6.4.1 Class and Grade.
DELETE letter b) and REPLACE with the following:
b) "R0" if the mixture does not contain RAP, e.g., "C2-PG 64-10-R0."
203-6.4.4 Composition and Grading.
ADD the following:
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 106 of 164
1. 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.
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-C2-PG 64-10-R0."
c) "R" and the percentage of RAP if the mixture contains greater than 20 percent, e.g.,
"III-C2-PG 64-I0-R25."
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.
DELETE in its entirety and REPLACE with the following:
1. Aggregate samples for batch plants shall be taken from the hot bins. Aggregate samples for
dryer-drum plants shall be taken in advance of the dryer-drum using devices conforming to
203-6.7.4.2.
2. 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
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 107 of 164
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
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
3. 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.
4. 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.
5. 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. 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.
3. 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, unless approved by the Engineer.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 108 of 164
SECTION 206 – MISCELLANEOUS METAL ITEMS
ADD 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.
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,
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 109 of 164
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.
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.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 110 of 164
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.
ADD the following section:
206-8 RECTANGLE METAL CULVERT
207-8.1 General.
1. 4"X8" Rectangle Metal Culvert shall be galvanized A500 grade steel and shall have a wall
thickness of 0.25”.
2. Rectangle Metal Culvert shall be laser cut to size prior to delivery on-site. Cut ends shall be
hot-dipped galvanized.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 111 of 164
SECTION 207 – GRAVITY PIPE
207-17 PVC GRAVITY PIPE
207-17.1 General.
1. PVC plastic pipes shall be Schedule 80 and conform to the provisions of ASTM D-1785.
SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT
MARKERS
214-1 GENERAL
The following Sections of the Caltrans Standard Specifications, and California Manual on
Uniform Traffic Control Devices latest editions, shall be used for all work specified in these
sections:
• Section 84: Existing Facilities: Traffic Striping Removals
• Section 84: Markings: Thermoplastic & Paint
• Section 81: Miscellaneous Traffic Control Devices: Pavement Markers
All pavement striping and markings shall be reflective with glass beads and conform to
requirements of the South Coast Air Quality Management District.
214-4 PAINT FOR TRAFFIC STRIPING AND MARKINGS
214-4.1 General.
ADD the following:
The installing of striping shall conform to the general provisions in Section 84, “Markings” of the
Caltrans Standard Specifications and the Caltrans Standard Plans (Latest Edition), and the
following Technical Provisions.
All linear striping, bike lane markings, and curb markings shall be waterborne paint conforming to
Section 84-2.02C, “Paint,” of the State of California Standard Specifications.
214-5 THERMOPLASTIC MATERIAL FOR TRAFFIC STRIPING AND MARKINGS
214-5.1 General.
DELETE entire section and replace with the following:
The installing of striping shall conform to the general provisions in Section 84, “Markings” of the
Caltrans Standard Specifications and the Caltrans Standard Plans (Latest Edition), and the
following Technical Provisions.
All pavement symbols and legends, cross walks, speed tables and stop bars, with exception to the
bike lane markings, shall be Thermoplastic conforming to Section 84-2.02B, “Thermoplastic,” of
the State of California Standard Specifications.
214-6 PAVEMENT MARKERS
Markers shall conform to Section 81-3, “Pavement Markers,” of the Caltrans Standard
Specifications, latest edition.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 112 of 164
214-7 ADHESIVES FOR PAVEMENT MARKERS
214-7.1 General.
Markers shall be applied using rapid-set epoxy conforming to Section 95-1.02E, “Rapid Set
Epoxy Adhesive for Pavement Markers,” of the Caltrans Standard Specifications, latest edition.
SECTION 218 – MISCELLANEOUS MATERIALS
218-1 DETECTABLE WARNING TILES / TRUNCATED DOMES
Detectable warning tiles / truncated domes shall be per SDRSD G-30, with the exception of the
embedment into concrete, and Yellow in homogeneous color throughout the tile / mat. The tile
/ mat shall incorporate an in-line pattern of truncated domes measuring nominal 0.2” height,
0.9” to 1.4” base diameter, and top diameter shall be 50% to 65% the width of the base diameter,
spaced center-to-center 1.6” to 2.40 as measured “In Line”. For wheelchair safety the field area
shall consist of a non-slip surface with a minimum of 40 - 90° raised points 0.045” high, per square
inch.
Tiles /mats shall be slip resistant, chemical stain resistant, and UV resistant.
For installation on existing concrete surfaces, detectable warning tiles / truncated domes shall
be surface applied detectable warning tiles, with Tactile Bond and Seal, or approved equal,
bonding adhesive. For installation on asphalt surfaces; self-adhesive truncated domes mats shall
be applied.
218-1.1 Submittals.
1. Product Data: Submit manufacturer’s literature describing products, installation procedures
and routine maintenance.
2. Samples for Verification Purposes: Submit two (2) tile / mat samples minimum 12”x12” of the
kind proposed for use.
3. Instructions: Submit copies of manufacturer’s specified installation and maintenance
practices for each type of tile / mat and accessory as required.
218-1.2 Quality Assurance.
1. Provide detectable warning tiles / truncated domes mats and accessories as produced by a
single manufacturer with a minimum of five (5) years’ experience in the manufacturing of
detectable warning tiles / truncated domes mats.
2. Americans with Disabilities Act (ADA): Provide detectable warning tiles / truncated domes
mats which comply with the detectable warnings on walking surfaces section of the
Americans with Disabilities Act (Title III Regulations, 28 CFR Part 36 ADA STANDARDS FOR
ACCESSIBLE DESIGN, Appendix A, Section 4.29.2 DETECTABLE WARNINGS ON WALKING
SURFACES).
3. California Code of Regulations (CCR): Provide only approved DSAAC detectable warning
products as provided in the California Code of Regulations (CCR) Title 24, Chapter 2, Section
202 definition of ”Detectable Warning”. Section 11B-247 and 11B-705 “Detectable Warnings
And Detectable Directional Texture”
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 113 of 164
PART 3 CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
ADD the following:
Trenches, holes, depressions and pits caused by the removal of facilities shall be backfilled with
embankment material as provided in Section 300, "Earthwork," of the Standard Specifications.
Such trenches, holes, depressions and pits that are in surfaced areas, otherwise to remain
undisturbed, shall be backfilled with material equal to or better in quality and to the same
thickness as the surrounding materials.
Surplus excavated material shall become the property of Contractor. Contractor shall be
responsible to dispose surplus material outside of Project Right-of-Way in accordance with all
applicable ordinances.
No additional compensation shall be allowed for conformance to this requirement.
300-1 CLEANING AND GRUBBING.
300-1.1 General.
ADD the following:
1. Clearing and Grubbing shall conform to the requirements of the provisions in Section 300-1,
“Clearing and Grubbing,” of the Standard Specifications, in accordance with the areas
identified by the approved project plans, these Technical Provisions, and as directed by the
Engineer. Existing trash, construction debris, and other deleterious material are included in
this item.
2. Areas to be cleared shall be grubbed to a depth necessary to remove objectionable material.
Clearing and Grubbing includes all removal in the plan necessary for the proposed
improvements.
3. All areas used by the Contractor as temporary right-of-way and staging areas shall not be
contaminated with fuels or other chemicals. All waste oil, solvent, and refined petroleum
products shall be collected in appropriate containers and disposed of properly.
4. The Contractor shall notify the Engineer, in accordance with Subsection 3-4, “Changed
Conditions,” of the Standard Specifications, of any changed conditions or material differing
from that represented in the Contract which the Contractor believes to be hazardous waste.
5. All stockpiling of cleared and grubbed material designated by the Contractor for final removal
shall be considered incidental to this paid item and no additional compensation shall be
allowed therefor.
6. All combustible waste materials resulting from clearing and grubbing from any construction
operations of this Contract shall be removed from the site to an acceptable disposal area in
accordance with Subsection 401, “Removal,” of the Standard Specifications.
7. Clearing and Grubbing shall be limited to the areas within grading limits and other items to
be constructed. All other vegetation outside clear and grub areas shall be protected in place
from damage resulting from the Contractor’s operation. Any item outside the construction
limits that is damaged or destroyed by the Contractor shall be replaced or restored to its
original condition prior to acceptance of the improvements or the Contractor shall
compensate the City for its replacement.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 114 of 164
8. The Contractor shall protect all existing structures or facilities which are adjacent to or fall
within the limits of the work to be done under this Contract in accordance with Section 400,
“Protection and Restoration,” of the Standard Specifications. Any structure or facility to be
protected which is damaged as a result of the Contractor’s construction operation, shall be
replaced by the Contractor, at their cost, to the satisfaction of the Engineer.
9. Clearing and Grubbing shall include but not be limited to the following:
a. Removal and disposal of all shrubs, trees, and vegetation as shown on the plans and
removal of construction debris, trash, and deleterious material as directed by the
Engineer.
SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General.
ADD the following sentence at the end of the first paragraph:
This work shall include the construction of asphalt concrete, including, but not limited to, AC
raised crosswalks, AC speed tables, AC used for leveling existing curb ramps, and miscellaneous
areas, as shown on the plans, per these Technical Provisions, the Standard Specifications, and as
directed by the Engineer.
The Contractor shall grind concrete at edges of existing concrete ramps so that the proposed AC,
for leveling existing curb ramps, shall match existing sidewalk elevations at limits and be flush
with adjacent sidewalk.
Sidewalk / ADA path of travel / Access Ramps / Crosswalks - The Contractor shall verify with a
“smart level” that the ADA required maximum slope grades are not exceeded both when paving.
It shall be the Contractor’s responsibility to supervise and utilize the proper experienced
personnel to ensure that the proper limits are established for all ADA compliant path-of-travel
locations and the Engineer will not be responsible to direct the Contractor’s crews or otherwise
serve in this management capacity.
Detectable Warning Tiles / Truncated Domes - Detectable Warning Tiles / Truncated Domes shall
be surface applied and installed at locations shown on the Plans, per these specifications for
surface applied applications, and per SDRSD G-30.
The work shall include controlling nuisance water, sweeping, watering, and removing loose and
broken foreign material as specified in the Standard Specifications and these Technical Provisions
and as required by the Engineer.
The Contractor shall provide proper delineation, signing and flagger to keep traffic off of the freshly
laid mat until it has been properly compacted and is set up sufficiently so that it will not be damaged
by traffic. Surfaces damaged by traffic shall be replaced to the satisfaction of the Engineer.
If the finish surface of the asphalt concrete on the traffic lanes does not meet the specified surface
tolerances, it shall be brought within the tolerances by either: (1) Placing an overlay of asphalt
concrete, or (2) Removal and replacement. The method shall be selected by the Engineer.
Tarpaulins shall be used to cover all loads from plant to project site.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 115 of 164
302-5.2 (Not Used)
REMOVE and REPLACE with the following section:
302-5.2 Testing.
302-5.2.1 General.
All quality assurance testing shall be done by the Contractor. Prior to delivery of each shipment of
asphalt concrete to the job site, the Contractor shall test and provide results and certification to the
City, to insure the conforming of the material and its integral components with the prescribed
requirements.
The test reports, signed by the Contractor’s materials testing representative, shall certify that the
product delivered conforms to the specifications for the type and grade indicated. The certified test
reports and the testing required in connection with the reports shall be at no cost to the City.
The vendor supplying the material will deliver to the purchaser with certified copies of the test
reports, indicating the name of the vendor. Type and grade of asphalt delivered, date and point of
delivery, quantity delivered, delivery ticket number, purchase order number and result of specified
test conducted by the Contractor.
The Contractor shall notify the Engineer a minimum of five (5) working days prior to the
performance of paving work for inspection by the City.
302-5.4 Tack Coat.
ADD the following subsection:
Tack coat shall be applied to all vertical and horizontal surfaces to be joined by new asphalt.
The tack coat shall not be applied until the preparation of the existing surface has been completed,
and then only so far in advance of placing the asphalt concrete surface course as permitted by the
Engineer. Prior to applying tack coat, existing surface shall be swept and cleaned to the satisfaction
of the Engineer. No tack coat shall be left exposed overnight. Immediately in advance of placing the
asphalt concrete surface course additional tack coat shall be applied, as directed by the Engineer to
areas where the tack coat has been destroyed or otherwise rendered ineffective, and no additional
compensation shall be allowed for such work. Between lifts of asphalt concrete pavement, and any
other cold pavement joints, curbs, gutters, manholes, tack coat shall be applied if paving over cooled
surface where satisfactory bond cannot be obtained.
Existing concrete gutter and curb faces shall be protected against disfigurement from the asphalt.
Residue of the material shall be removed from gutter and curb faces by sandblasting to the extent
required by the Engineer.
The Engineer will determine if the pavement is sufficiently dry for the application of the tack coat.
Tack coat shall not be applied when the temperature of the surface to be tacked is below 40o F in
the shade.
SECTION 304 – METAL FABRICATION AND CONSTRUCTION
ADD the following sections:
304-6 RECTANGLE METAL CULVERT
304-6.1 General.
Rectangle Metal Culverts shall be at locations as shown in the plans.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 116 of 164
304-6.2 Preparation.
1. Remove loose material and debris from the curb face and gutter surface before placing
Rectangle Metal Culverts.
304-6.4 Installation.
1. Rectangle Metal Culverts shall be sloped to drain and aligned with the adjacent curb and gutter
flowline.
2. At Rectangle Metal Culvert ends, grout the following per plan detail:
a. The vertical void between the existing curb face and the abutting outside wall face
of the metal culvert.
b. Transition the metal pipe invert to the existing curb and gutter flowline.
304-6.5 Cleaning.
1. All culverts shall be thoroughly clean at the time of laying and shall be handled in such a
manner as to maintain this condition by preventing the entrance of foreign material.
2. Clean up and dispose of all waste materials and debris resulting from these installations off the
site.
SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION
306-7 PREFABRICATED GRAVITY PIPE
306-7.7 Plastic Sewer and Drainage Pipe.
306-7.7.2 Installation.
ADD the following:
4. Remove loose material and debris from the curb face and gutter surface before placing PVC
pipe culverts.
5. PVC pipe culverts shall be sloped to drain longitudinally and placed along the existing curb and
gutter flowline.
6. Grout the following for the PVC pipe culverts per plan detail:
a. The void between the existing curb and gutter flowline and the abutting outside
edge of the PVC pipe culverts.
b. Transition the PVC pipe invert to the existing curb and gutter flowline.
7. All pipe shall be thoroughly clean at the time of laying and shall be handled in such a manner
as to maintain this condition by preventing the entrance of foreign material.
8. Clean up and dispose of all waste materials and debris resulting from these installations off the
site.
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:
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 117 of 164
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 Signing and
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.
314-3 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 Signing and 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.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 118 of 164
1. Final 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 Signing and 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 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 Signing and Striping, and
no additional compensation will be allowed, therefore. Reapplication of 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 traffic striping.
314-5 PAVEMENT MARKERS
314-5.6 and 314-5.7
REPLACE as follows: 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 Signing and Striping, and no additional compensation will be
allowed, therefore.
ADD the following Section:
SECTION 315 –SIGNAGE
315-1 TRAFFIC SIGN INSTALLATION, RELOCATION, AND REMOVAL
315-1.1 General.
This work consists of relocating, removing, furnishing, salvaging and installation of guide,
regulatory, and warning signs at the locations shown on the Plans in accordance with the
California Manual on Uniform Traffic Control Devices (CMUTCD), latest edition, the provision in
Section 82-3, “Roadside Signs,” of the Caltrans Standard Specifications, the Specification in the
Plans, and as directed by the Engineer.
All existing roadside signs including street name signs (SNS) shown on plan, for the sole convenience
and direction of public traffic, shall be protected in place and maintained by the Contractor. All signs
damaged by construction activities whether or not shown on plan shall be repaired or replaced to
the satisfaction of the City’s representative.
SECTION 316 – MISCELLANEOUS CONSTRUCTION
316-1 DETECTABLE WARNING TILES / TRUNCATED DOMES
Detectable warning tiles / truncated domes shall be installed per manufacturer’s
recommendation at the locations shown on the plans and details. Immediately prior to installing
the detectable warning tiles / truncated dome mat, the surface to receive the tile / mat must be
inspected to ensure that they are clean, dry, free of voids, projections, loose material, dust, oil,
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 119 of 164
grease, sealers, or any other foreign debris that would compromise the adhesion of the tiles /
mat.
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
401-1 GENERAL
REPLACE the entire subsection with the following:
Unless otherwise stated on the Plans or Specifications, all material removed from the Work shall
become the property of the Contractor and shall be disposed of in a lawful manner. Burning shall
not be permitted on the site.
The Contractor shall conform to the following requirements:
1. In order to protect the public streets from deterioration due to hauling of materials, the
Contractor shall submit, prior to the Pre-Construction Meeting, for approval a proposed
route for hauling of materials for disposal. Upon approval, the Contractor shall strictly
adhere to that route, unless written permission from the Engineer is obtained to change
the route.
2. Prior to making removals, the Contractor shall meet with the Engineer to verify the limits
of removals, locations of joins, to establish smooth joins and to ensure proper drainage.
The Contractor may make minor changes in the location of joins and the limits of
removals, provided a smooth join and proper drainage can be achieved and it has
obtained prior written approval from the Engineer.
3. The Contractor shall be responsible for recycling and for obtaining a suitable disposal site
for the material not suited for recycling, and pursuant to Section 300-2.6 of the Standard
Specifications, shall, upon request, file with the Engineer the written consent of the owner
of the property upon which he intends to dispose of such material.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 120 of 164
4. Any concrete crushing of the removed concrete is not allowed at the job site at any time.
5. The Contractor shall notify the Engineer, in accordance with Section 3-4 of the Standard
Specifications, of any changed conditions or material differing from that represented in
the Contract which the Contractor believes to be hazardous waste.
6. All combustible waste materials resulting from clearing and grubbing or from any
construction operations of this contract shall be removed from the site as directed by the
Engineer.
The Contractor is responsible for securing all required haul permits to transport removal material
from the project site to the approved disposal site and the paying of all fees associated with the
disposal of this material.
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 Bid item per this
Section. Replacement of adjoining AC/AB section shall be incidental to replacement of the
concrete.
2. Asphalt Concrete (AC) Pavement Removal shall be in accordance with Section 300-2,
“Unclassified Excavation,” and this section of the Standard Specifications and shall consist of
excavating and disposing of existing AC pavement, which includes asphalt concrete and
underlying untreated base, to facilitate the construction of new asphalt concrete pavement.
3. Contractor shall sawcut pavement around all areas to be removed, prior to the start of any
excavation, unless the entire pavement section is removed by cold milling.
4. All materials removed shall be lawfully disposed of at a site secured by the Contractor. The
Contractor shall make effort to recycle excavated and demolition materials. The Contractor
shall provide the Engineer with a letter indicating the final disposition of all excavated and
demolition materials from the project within five (5) working days after project completion.
No excavated or demolition materials shall be left in the public right of way overnight.
5. AC Pavement Removal shall consist of removing AC pavement to the subgrade and in areas
shown on the Plans. Locations and area size are as shown on the Plans, outlined by paint on
the roadway, or as required by the Engineer.
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. Existing concrete and miscellaneous removals shall be immediately removed from the project
site and disposed of by the Contractor at his own expense at a legal dump and/or recycling
site.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 121 of 164
2. All materials removed shall be lawfully disposed of at a site secured by the Contractor. The
Contractor shall make effort to recycle concrete, steel, and other excavated materials. The
Contractor shall provide the Engineer with a letter indicating the final disposition of all
excavated and demolition materials from the project within (5) working days after project
completion. No excavated or demolition materials shall be left in the public right of way
overnight.
3. Saw cutting shall conform to the provisions of Section 3-12, “Work Site Maintenance” (with
special regard to 3-12.1, “General,” 3-12.2, “Air Pollution Control,” 3-12.3, “Noise Control,”
and 3-12.6, “Water Pollution Control”) and 401, “Removal,” of the Standard Specifications
and these Technical Provisions.
Concrete shall be removed to neatly sawed edges with saw cuts made through the entire
thickness. Concrete sidewalk or driveway to be removed shall be neatly sawed in straight
lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section
to be replaced shall be smaller than 30 inches (750 mm) in either length or width.
All existing concrete shall be removed to the nearest joint. Concrete shall be removed to
neatly sawed edges with saw cuts made to a depth deep enough to produce a clean straight
break without loosening, cracking or damaging adjoining improvements. Curb and gutter
shall be sawed on a neat line at right angles to the curb face. PCC and all other material
unsuitable for use as fill, as determined by the Engineer, shall be removed from the right-of-
way and disposed of by the Contractor at a site of his own choice and shall pay all costs
incidental to the disposal.
Waste material from sawcut operations shall be broom cleaned or vacuumed and disposed
of. Cleaning of sawcut area by washing and directing waste to public storm drains shall not
be permitted.
ADD 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.
401-5 OTHER IMPROVEMENTS
ADD the following:
Miscellaneous Removals and Relocations. The work under this item shall be included in Clearing
and Grubbing per Lump Sum and include all removals and relocations not specifically listed in
the Plans or otherwise covered by these Specifications, including all necessary removals,
relocations, and restorations of walls, plants, hardscape, signs and other items, whether shown
on the Plans or not, and as necessary to complete the improvements.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 122 of 164
DELETE Section 401-6 & 401-7 and replace with the following:
401-6 MEASUREMENT AND PAYMENT
Sawcutting of existing improvements to be removed as specified shall be considered incidental
to the removal of the various improvements.
Reinforcing or other steel may be encountered in portions of existing concrete items to be
removed. No additional compensation shall be allowed for the removal of concrete containing
reinforcing or other steel.
402-5 DELAYS DUE TO UTILITY CONFLICTS
DELETE paragraphs 1 through 4 and REPLACE with the following:
1. The Contractor shall notify the Engineer of its Construction Schedule insofar as it affects the
protection, removal, or relocation of utilities. The notification shall be included as a part of
the Construction Schedule in accordance with 6-1 which shall be revised upon the completion
of utility potholing and evaluation for potential utility conflicts. The Contractor shall notify
the Engineer in writing of any subsequent changes in the Construction Schedule which will
affect the time available for protection, removal, or relocation of utilities.
2. The Contractor will not be entitled to damages or additional payment for delays attributable
to utility relocations or alterations if correctly located, noted, and completed in accordance
with 402-1.
3. The Contractor may be given an extension of time for unforeseen delays attributable to
unreasonably protracted interference by utilities in performing Work correctly shown on the
Plans.
4. The Agency will determine the scope of Work for the removal, relocation, or protection of
existing main or trunk line utility facilities within the area affected by the Work if such utilities
are not identified in the Contract Documents. The Contractor will not be assessed liquidated
damages for any delay caused by the removal, relocation, or protection of such existing
facilities.
402-6 COOPERATION
DELETE in its entirety and REPLACE with the following:
1. When necessary, the Contractor shall so conduct its operations as to permit access to the
Work Site by the Agency or the utility owner and provide time for utility Work to be
accomplished during the progress of the Work.
2. The contractor shall cooperate with all agencies affected by the project and notifying them
at least 72-hours prior to commencement of any work and adjacent to this project.
3. Compensation for conforming to the requirements of “COOPERATION”, including furnishing
all labor, materials, equipment and incidentals for accomplishing the work as specified herein,
shall be considered included in the various contract item of work and no additional
compensation shall be allowed.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 123 of 164
SECTION 404 – COLD MILLING
404-1 GENERAL
ADD the following:
Cold milling, also referred to as AC Grind, of existing asphalt concrete pavement, to the depth
and limits as designated on the Plans or as directed by the Engineer. Removed millings shall be
disposed of per 401, “Removal,” of the Standard Specifications.
The entire surface area of pavement in areas designated for cold milling shall be ground to the
depths shown on the plans. Care shall be exercised not to damage adjacent concrete gutters and
curbs to remain in place. Gutters or curbs damaged shall be replaced at the Contractor’s expense.
Contractor shall be responsible for locating and protecting manhole, water valve, utility access
frames and covers or other metal appurtenances buried below the existing pavement surface,
whether shown on the plans or not. The Contractor shall field delineate existing utility facilities
with spray paint and also submit a drawn inventory to the City prior to scheduling grinding
operations.
Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street
surfaces or parkways. All residue shall be completely removed by sweeping and properly
disposed. Sweeping is to take place immediately after the grinding has been completed and as
directed by the Engineer. A vacuum sweeper is to be used for the residue sweeping. No washing
of any residue into gutters and/or drainage structure shall be allowed.
The Contractor shall be responsible for recycling and for obtaining a suitable disposal site for the
material not suited for recycling, and pursuant to 401, “Removal,” of the Standard Specifications,
shall, upon request, file with the Engineer the written consent of the owner of the property upon
which he intends to dispose of such material.
During temporary conditions, cold mix AC shall be placed and maintained at the interface
between milled and non-milled areas to eliminate the hazard caused by sudden elevation
differences, especially in pedestrian path of travel areas adjacent to wheelchair curb ramps. Prior
to AC paving, cold mix used for temporary conditions, shall be removed.
Pavement transitions after cold milling, both transverse and longitudinal, shall be per Section
302-5.7, “Joints,” of the Standard Specifications. The temporary pavement shall be absorbed into
the unit costs for cold milling and no additional compensation shall be allowed. All pavement
transitions and temporary striping/markings shall be in place prior to the opening of a lane for
traffic. Any pavement grade differential between adjacent lanes that, with City’s approval, will
remain overnight shall be indicated with the appropriate warning signage.
The Contractor is to notify the City at least two (2) working days prior to and immediately after
the cold milling operations so that observations and measurements may be made of areas before
the placement of permanent asphalt.
404-12 PAYMENT
ADD the following:
No extra payment will be made for milling or disposing of geotextile, geogrid, or pavement fabric.
Areas adjacent to proposed curb and gutter, where there is a full depth AC patch, will not be
measured nor included for payment with AC Grind.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 124 of 164
Measurement for payment shall be as delineated in the plans. Disagreement regarding pay item
location shall be resolve with the Engineer prior to grinding work. Any re-measuring or
resurveying required as a result of disagreement will be at Contractor's expense.
Areas of grind shall not be double counted under multiple pay items, but will only be paid for
once, under their respective pay item, for a given location and no additional compensation shall
be allowed.
Grinding, for the removal of temporary pavement, ramps, and transitions, shall not be paid for
separately, but shall be included various items of work.
PART 7 STREET LIGHTING AND TRAFFIC SIGNAL IMPROVEMENTS
ADD the following section:
SECTION 702 - RECTANGULAR RAPID FLASHING BEACON (RRFB) MATERIALS AND
CONSTRUCTION.
1. Rectangular Rapid Flashing Beacon (RRFB) shall be installed by the Contractor. The Contractor
shall notify and coordinate for the City-furnished Model: R920-E Solar RRFB, by Carmanah
Technologies Inc. (1-877-722-8877, www.carmanah.com), which will include flashing beacons,
push buttons, solar panels and radios. The Contractor shall furnish and install poles,
foundations, signs, wiring, anchoring / fasteners / mounting hardware, and incidentals.
2. When mounted on new pole, the Contractor shall furnish the break-away sign posts, per
SDRSD M-45, shall have concrete foundations, ten (10) inches minimum diameter, and two
(2) inches minimum clearance beyond the bottom of the post.
3. When mounted on existing street light pole, the Contractor shall furnish Telespar posts, or
approval equal, on both sides of the light pole for visibility in both directions of traffic, and
steel bands.
4. Signage shall be back-to-back and visible from both directions.
5. Anchoring, fasteners, mounting hardware, bands, and brackets shall be stainless steel or
galvanized. Mounting configurations shall not require specialized tools.
6. The Contractor shall be responsible for excavate/core, backfill, sidewalk repair, solar
simulations and set-up, timing, and testing.
7. The Contractor shall be responsible for any replacement to the City-furnished RRFB model
resulting from damage following acquisition from the City. The Contractor shall test the City-
furnished RRFB unit within 24 hours of acquisition from the City to ensure acceptable function
as outlined in Section 702 of the project specifications. Any damage as a result of the
Contractors handling and operations shall be replaced at the Contractor’s expense.
8. The Contractor shall coordinate with the City for pick-up of the City-furnished RRFB units from
the City’s facilities located within 5 miles of the project site.
702-1 CONFIGURATION
1. The flash duration shall be adjustable in-the-field from 5 to 60 seconds in one second
increments, 60 to 1,200 seconds in 60-second steps, and 3,600 seconds. Default flash
duration shall be 20 seconds.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 125 of 164
2. Activation duration, Night intensity setting and adjustment for ambient daytime brightness
shall be automatically broadcast to all RRFBs in the system when changed in one RRFB.
702-2 BATTERY SYSTEM
1. Batteries shall be supported by rubber bumpers and be secured in place with straps.
702-3 SOLAR SIMULATIONS
1. Detailed solar simulations shall be provided as evidence that the RRFB is capable of the
claimed performance at a specific location. Solar Simulations shall be composed of three
calculations: Energy Balance, Array-to-Load Ratio (ALR), and Autonomy. The manufacturer
or bidder shall provide a detailed analysis of these three calculations in an “Energy Balance
Report”.
2. Monthly average sunlight (insolation), night length and temperature data for a specific,
declared location shall be from recognized public sources such as the NASA Atmospheric
Sciences Data Center. All sources shall be cited exactly and accessible online without cost to
allow verification of the data.
702-3.1 Energy Balance.
1. During a normal 24-hour cycle of operation, an RRFB will take energy in from the sun and
consume energy through the flashing of the light bars, radio communication, and general
quiescent power draw. Energy Balance refers to the evaluation of these energy values to
determine overall system sustainability and resistance to variances in sunlight and activation
load.
2. Energy Balance compares Energy-In and Energy-Out. Calculations shall be performed for the
“Worst Month” of the year where worst month is determined by the lowest value of Energy-
In divided by Energy-Out.
702-3.2 Energy-In.
1. Energy-In is the total amount of sunlight energy in watt-hours available to the RRFB over a
24-hour period. Energy-In is available to operate the RRFB, charge the batteries, or both.
Energy-In shall be determined as follows:
2. Insolation X Panel Wattage X Shading X charging efficiency X Battery charge acceptance
a. The energy from the solar panel shall be based on available solar radiation at the
installation location for the panel’s inclination angle. The solar radiation
(insolation) values used shall be for the worst-case month of the calendar year.
b. Shading from nearby trees, buildings or other structures unique to a particular
location are to be factored-in and the calculations shall clearly show and justify
the de-rating of the solar panel energy input. A photograph showing the sun’s
path and obstructions it encounters shall be included.
c. Batteries shall be returned to full charge by sunset at the end of each day.
702-3.3 Energy-Out.
1. Energy-Out is the total amount of energy in watt-hours consumed by the RRFB in a 24-hour
period of normal operation.
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 126 of 164
2. Energy-Out is the sum of quiescent and operating loads, measured in watt-hours, in all
circuitry over 24 hours with an operating capacity of 300 20-second activations, including:
a. Controller quiescent draw (daytime and between flashes)
b. Wireless quiescent draw calculated over 24 hours;
c. Operating load of pushbutton at rated operating capacity per activation (where
applicable);
d. Operating load of light bars including pedestrian indicators at rated intensity per
activation. The number of light bars and their electrical load details (voltage,
current and power when lit) shall be clearly indicated;
e. Energy adjustments due to LED drive circuit efficiency.
f. The simulations shall clearly detail the flash pattern being used and calculate the
duty cycle of the pattern.
g. Calculations shall assume the ratio of day to night activations is 9:1.
702-3.4 ALR (Array-to-Load Ratio).
1. System Array-to-Load (ALR) ratio shall be calculated as: Daily Available Energy-In divided by
Daily Energy-Out as defined above.
2. RRFB Solar Simulations shall be calculated demonstrating a minimum Array-to-Load (ALR)
ratio of 1.2:1 (1.2).
702-3.5 Autonomy.
1. Autonomy is the number of days that the RRFB can continue to operate normally in the
absence of any solar charging. Autonomy shall be calculated as follows:
(Nominal Battery Capacity de-rated for Temperature minus battery capacity unavailable due
to Low Voltage Disconnect) divided by (Daily total energy consumption at the specified
number and duration of activations)
2. RRFB autonomy shall be a minimum of 5 days.
END OF SECTION
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 127 of 164
SECTION 2
01 11 00 SUMMARY OF WORK
PART 1 GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
a. The Contractor shall perform Work and furnish materials, labor, tools, equipment or
services that may be reasonably inferred as being required to produce the intended
result, whether specifically called for in the Contract Documents, at no additional cost to
the Agency.
b. Visible, existing improvements for which no specific disposition is made on the Plans, but
which interfere with the Work, shall be removed, and disposed of by the Contractor with
the prior approval of the Engineer.
c. The completed Work will provide the Agency with two speed tables and three raised
crosswalks. Two of the three raised crosswalks to have an operating Rectangular Rapid
Flashing Beacon system.
d. Location of the Project is on Tamarack Avenue from Adair Way to Sunnyhill Drive.
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
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 128 of 164
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
a. Mobilization & Demobilization - Payment for mobilization & demobilization and
preparatory Work will be made at the contract Lump Sum price paid for Mobilization &
Demobilization, 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, applying for and obtaining all required permits,
cleanup to the satisfaction of the Engineer, and for all other work and operations which
must be performed or costs incurred prior to beginning work on the various contract
items, including all related administration throughout 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
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 129 of 164
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.
b. Storm Water Pollution Prevention and Erosion Control - Payment for Storm Water
Pollution Prevention and Erosion Control shall be at the contract price Lump Sum, in
accordance with the contract documents, and as described in conformance with Section
3-12.6, and shall include full compensation for all labor, materials, equipment, and
incidentals necessary to prepare, furnish, implement, and update the Storm Water
Pollution Prevention Plan and as specified in these Special Provisions, as required in the
Water Pollution Control, Best Management Practices (BMPs) and Storm Water Pollution
Prevention Plan (SWPPP), and as directed by the City.
The Storm Water Pollution Prevention and Erosion Control per Lump Sum amount shall
include, but not be limited to, full compensation for the following:
i. Submit Permit Registration Documents (PRDs) per Attachment B of the
Construction General Permit (CGP) to the City.
ii. Develop a SWPPP, determined Risk Level, and the CGP.
iii. Administer, implement, maintain, and ensure adequate functioning of the various
water pollution control measures identified within the SWPPP during construction
including all visual inspections, Numeric Action Level (NAL) and Numeric Effluent
Limitation (NEL) sampling, monitoring and reporting requirements statutorily
required for the determined Risk Level of the project site. These tasks shall be
performed by a Qualified SWPPP Practitioner (QSP) or Qualified SWPPP Developer
(QSD).
iv. Provide and maintain all documentation (at the jobsite) and administration for the
entire Contract period.
v. Perform all work required for compliance with the requirements of the CGP
including preparation of all Rain Event Action Plans (REAPs), construction of
effective treatment control BMPs, i.e.: contingency basins, chemical treatments,
etc.
vi. Provide all materials and labor, equipment, tools, and incidentals necessary to
pre-paring, placing, removing, and disposal of these materials to comply with the
requirements of the CGP.
Full compensation for preparing and implementing the SWPPP, Erosion Control measures,
and BMPs shall be considered as included in the Storm Water Pollution Prevention and
Erosion Control contract item of work and no additional compensation shall be allowed.
Storm Water Pollution Prevention and Erosion Control shall include interim and post
BMPs and erosion control measures.
Failure of the Contractor to comply with the Engineer’s requested corrective actions may
result in an order to suspend work until the condition is corrected. No additional
compensation will be allowed as a result of such suspension.
c. Record Drawings - Payment for Record Drawings will be paid for at the contract price per
Lump Sum and shall include full compensation for maintaining record drawings
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 130 of 164
throughout the duration of the project and accomplishing the As-Builts, along with any
incidentals to accomplish all the work as specified herein and no additional compensation
will be allowed therefor.
The Contractor shall maintain current, clean, legible, accurate and fully-dimensioned
plans defining all as-built conditions thereon, one set of full size contract drawings marked
with red lines to show any deviations which have been made from the contract
documents, modifications and existing conditions that are different from what is shown
on the Plans, including buried or concealed construction and utility features which are
revealed during the course of construction.
The Contractor shall record the location, by stationing to nearest foot, and the depth, by
elevation to the nearest tenth of a foot (+/- 0.1’), of all underground utility facilities,
including pipes, etc. The Contractor shall record, by dimension and / or scale drawings,
all wiring, conduits and pull boxes as actually installed. All information necessary to
maintain and / or service any concealed work shall be noted on the record drawings.
Records shall be kept up to date with all entries checked by the Engineer before the Work
is buried or covered up.
Said record drawings shall be supplemented by any detailed sketches as necessary or
directed to indicate fully the work as actually constructed.
Record drawings shall be at the job site and accessible to the Engineer at all times during
the construction period and shall be delivered to the Engineer upon completion of the
works.
Requests for partial payments will not be approved if the record drawings are not kept
current. The Engineer shall so verify prior to submittal of each progress payment. Request
for final payment will not be approved until completed legible record drawings showing
all variations between the work "as-built" and as originally shown on the contract
documents has been delivered to the Engineer.
d. Traffic Control Plan and Traffic Control Implementation - 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 Section 206, 214, 314, 315, & 404, and
no additional compensation will be allowed.
e. Clearing and Grubbing - Full compensation for conforming to the requirements of Clearing
and Grubbing, in accordance with the plans, contract documents, and as described in
conformance with Section 300-1, including all labor, tools, equipment, materials and
incidentals necessary for accomplishing the work complete and in place, including, but
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 131 of 164
not limited to, haul permits, fees, removal, haul away, and disposal of materials, removal
any objectionable material not specifically called out as pay item for removal, weed
killing, tree trimming, trash vegetation and deleterious debris removal and disposal,
within the project construction limits, and shall be considered as included in the Contract
unit price paid per Lump Sum for Clear and Grub Existing Landscaping and no additional
compensation shall be allowed therefor.
All stockpiling of cleared and grubbed material designated by the Contractor for final
removal shall be considered incidental to this bid item and no additional compensation
shall be allowed.
f. Asphalt Concrete (AC) Raised Crosswalk - Payment for AC Raised Crosswalk shall be per
contract unit price per Each, in accordance with the plans, contract documents, and as
described in conformance with Section 203-6, 302-5, & 404, and shall include 1” grind of
existing asphalt concrete pavement and paving variable depth asphalt concrete raised
crosswalk. No separate measurement and payment shall be made for disposal of
grindings, asphalt tack coat, tapers, AC over culverts, 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.
g. Asphalt Concrete (AC) Speed Table - Payment for AC Speed Table shall be per contract
unit price per Each, in accordance with the plans, contract documents, and as described
in conformance with Section 203-6, 302-5, & 404, and shall include 1” grind of existing
asphalt concrete pavement and paving variable depth asphalt concrete speed tables. 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.
h. Asphalt Concrete (AC) for Existing Ramp Leveling - Payment for AC for Existing Ramp
Leveling shall be per contract unit price per Ton, in accordance with the plans, contract
documents, and as described in conformance with Section 203-6 & 302-5, and shall
include filling in existing curb ramps with AC to transition proposed AC raised crosswalks
to existing sidewalk. No separate measurement and payment shall be made for asphalt
tack coat or grinding existing concrete to create flush joins. The above contract price and
payment shall include full compensation for furnishing all labor, materials, tools,
equipment, cleaning, transportation, compaction, and incidentals, and for doing all the
work involved, complete as detailed.
Measurement for AC for Existing Ramp Leveling per Ton will be from the face of the
existing curb face to the limit at the back of curb ramp as shown on the plans.
i. Detectable Warning Tiles / Truncated Domes - Payment for Truncated Domes (3'x10') will
be paid at the unit price per Each, in accordance with the plans, contract documents, and
shall be considered full compensation for surface applied Detectable Warning Tiles /
Truncated Domes, installed on asphalt or concrete, all labor, materials, including tiles,
adhesive, bonding, moisture sealant, tools, equipment and incidentals to accomplish the
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 132 of 164
work as described in conformance with Section 218-1 &316-1, and no additional
compensation shall be allowed.
j. Rectangle Metal Culvert - Payment for 4”X8” Rectangle Metal Culvert shall be at the
contract unit price per Linear Foot and shall include full compensation for furnishing all
labor, materials, tools, equipment, incidentals, including laying culverts, shop cutting to
length, galvanizing, grouting, aligning with the gutter flowline, and for doing all work
involved in Installing the metal culverts in the existing curb & gutter, complete in place,
as shown on the Plans and Standard Plans, as specified in the Standard Specifications,
these Technical Provisions, as described in conformance with Section 201-7, 206-8 & 304-
6, and as directed by the Engineer, and no additional compensation will be allowed
therefor.
k. Polyvinyl Chloride (PVC) Pipe Culvert - Payment for 3” PVC Pipe shall be at the contract
unit price per Linear Foot and shall include full compensation for furnishing all labor,
materials, tools, equipment, incidentals, including laying pipe, cutting, sealants, bends,
connections, grouting, including grouting to the existing flowline, aligning with the gutter
flowline, and for doing all work involved in Installing the pipe in the gutter, complete in
place, as shown on the Plans and Standard Plans, as specified in the Standard
Specifications, these Technical Provisions, as described in conformance with Section 201-
7, 207-17 & 306-7, and as directed by the Engineer, and no additional compensation will
be allowed therefor.
l. Signing and Striping - Payment for Signing and Striping shall be made at the contract price
per Lump Sum, in accordance with the plans, contract documents, and as described in
conformance with Section 206, 214, 314, & 315, and shall include full compensation for
furnishing all materials, labor, tools, equipment, including traffic striping, curb and
pavement markings, pavement markers, roadside signs including reflective signs, posts,
and removals will be included in Signing and Striping at the contract Lump Sum price and
shall be considered full compensation for installation of pavement striping and symbols,
including removals of existing pavement markings, markers, and signage; installing
pavement markings, red curb parking restriction markings, reflective beading, reflective
pavement markers; signage, hardware, mounting fasteners, foundations, posts;
excavation, backfill, compaction, sidewalk repair; and for furnishing all labor, materials,
tools, equipment, cleaning, and incidentals, and for doing all the work involved, complete
as detailed, and no additional compensation will be allowed therefor.
m. Install City-Furnished Rectangular Rapid Flashing Beacon (RRFB) - Payment for Install
RRFB will be paid for at the contract unit price per Each Rectangular Rapid Flashing
Beacon pole location, in accordance with the plans, contract documents, and as described
in conformance with Section 702, and shall include furnishing all labor, materials, tools,
equipment, coordination, signs, wiring, conduit; excavation, backfill, sidewalk repair,
poles, foundations (for installation on Contractor-furnished new pole); mounting rails /
post and bands / straps (when mounted on existing light pole); solar simulations and set-
up, timing, testing, and incidentals, and for doing all the work involved, complete as
detailed, and no additional compensation will be allowed therefore. Flashing beacons,
push buttons, solar panels and radios for the RRFB will be city-furnished. The Contractor
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 133 of 164
shall be eligible for payment for this bid item following testing and acceptance by the
City’s designated inspector, and no additional compensation shall be allowed therefor.
Payment for both the installation on Contractor furnished pole or installation on existing
street light pole will be under this Install RRFB pay item.
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.
1.04 CASH ALLOWANCES
a. Consult with Construction Manager in selection of products or services. Obtain proposals
from Suppliers and installers and offer recommendations.
b. Cash allowances will be administered in accordance with General Conditions.
c. Submit, with application for payment, invoice showing date of purchase, from whom the
purchase was made, the date of delivery of the product or service, and the price, including
delivery to the Site and applicable taxes.
1.05 SCHEDULE OF VALUES (SOV)
a. The Contractor shall prepare a separate SOV for each schedule of the Work under the
Contract.
b. Upon request of the 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. The Contractor shall submit a revised SOV with each payment request.
g. Payment for the preparation of or revisions to the SOV shall be included in the Contract
Price and no additional payment will be made therefor.
h. Unit Price Work: Must reflect unit price quantity and price breakdown from conformed
Bid Form.
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 134 of 164
i. 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.
j. An unbalanced or front-end loaded schedule will not be acceptable.
k. Summation of the complete SOV representing all the Work shall equal the Contract Price.
l. The Contractor shall submit SOV electronically in a spreadsheet format compatible with
latest version of MS Excel.
1.06 SCHEDULE OF ESTIMATED PROGRESS PAYMENTS
a. Show estimated payment requests throughout Contract Times aggregating initial
Contract Price.
b. Base estimated progress payments on initially acceptable progress schedule. Adjust to
reflect subsequent adjustments in progress schedule and Contract Price as reflected by
modifications to the Contract Documents.
1.07 APPLICATION FOR PAYMENT
a. Transmittal Summary Form: Attach 1 Summary Form with each detailed Application for
Payment for each schedule and include Request for Payment of Materials and Equipment
on Hand as applicable. Execute certification by authorized officer of Contractor.
b. Use detailed Application for Payment Form provided by 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.
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 135 of 164
1.08 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
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
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 136 of 164
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
may be required by the Engineer to determine the facts or contentions involved in its
claims. Failure to submit such information and details will be sufficient cause for denying
payment for the disputed items.
1.09 MOBILIZATION
a. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum
price Bid therefore in the Bid Schedule OR The Contract lump-sum price paid for
mobilization, 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.
END OF SECTION
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 137 of 164
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
Services. When catalog pages are submitted, applicable items shall be clearly identified
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 138 of 164
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. The Contractor shall submit shop Drawings electronically.
i. For electronic submittals, drawings and the necessary data shall be submitted
electronically to Engineer as specified below. Submittal documents shall be in black and
white unless color is required for the review of the submittal. All electronic files 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.
j. 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.
k. The Contractor shall post submittals and retrieve the Engineer’s submittal review
comments through the Engineer’s (Consulting Engineer’s) Project website accessible
through the Internet. Instruction on procedures for posting and retrieving submittals will
be provided after award of the Contract.
l. Facsimiles (fax) will not be acceptable. Engineer will not accept submittals from anyone
but Contractor. Submittals shall be consecutively numbered in direct sequence of
submittal and without division by subcontracts or trades.
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 139 of 164
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.
This does not include initial submittal data such as shop tests and field tests that are
submitted after initial submittal.
d. Resubmittals shall be made within 60 Calendar Day of the date of the letter returning the
material to be modified or corrected, unless within 30 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. 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.
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 140 of 164
f. 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
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.
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. 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. 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
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 141 of 164
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.
f. All material shall be marked with Project identification, and inapplicable information shall
be marked out or deleted.
g. Shipment of equipment will not be considered complete until all required manuals and
data have been received.
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
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.
01 11 20 MEASUREMENT AND PAYMENT Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 142 of 164
12. Files shall be delivered without security settings to permit editing, insertion and
deletion.
1.08 LABELING
a. As a minimum, the following information shall be included on all final O&M manual
materials, including 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.
File Name and Date.
END OF SECTION
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 143 of 164
01 33 00 CONSTRUCTION PROGRESS SCHEDULE
PART 1 GENERAL
1.01 PROGRESS SCHEDULE
a. A Progress Schedule shall be used to control the Work and to provide a definitive basis
for determining Project progress. The Progress Schedule shall be prepared, maintained
and updated by the Contractor and historical dates agreed monthly with the Engineer.
The Contractor shall submit a preliminary Progress Schedule and a Progress Schedule for
acceptance by the Engineer. These schedules shall be the Contractor’s working schedules
and shall be used to plan, organize and execute the Work, record and report actual
performance and progress, and show how the Contractor plans to complete all remaining
Work as of the end of each progress report period.
b. The Progress Schedule shall comprise all the detailed construction-related activities using
the CPM. The Progress Schedule shall provide sufficient detail and clarity to reflect the
intricacies and interdependencies of activities so the Contractor can plan, schedule,
monitor, control and report on the progress of its work. In addition, it shall provide the
Engineer and Agency a tool to monitor and follow the progress for all phases of the Work.
c. The Contractor shall perform Work and furnish materials, labor, tools, equipment or
services that may be reasonably inferred as being required to produce the intended
result, whether specifically called for in the Contract Documents, at no additional cost to
the Agency.
d. Visible, existing improvements for which no specific disposition is made on the Plans, but
which interfere with the Work, shall be removed and disposed of by the Contractor with
the prior approval of the Engineer.
e. Scheduling software shall be Primavera Project Manager (P6) without exception.
1.02 PRE-CONSTRUCTION SCHEDULING CONFERENCE
a. The Engineer will conduct a pre-construction scheduling conference with the Contractor
to review requirements for the schedules and schedule configuration. The conference
shall be conducted sufficiently early to allow the Contractor to submit the preliminary
Progress Schedule within 10 Calendar Days of the Effective Date of the Contract.
b. At this meeting, the Contractor shall explain in detail the procedure to be used to develop
the schedule activity cost-loading or SOV and cash flow. This procedure is subject to the
review and acceptance of the Engineer.
1.03 PRELIMINARY PROGRESS SCHEDULE
a. Following the pre-construction scheduling conference but within 10 Calendar Days of the
Effective Date of the Contract, the Contractor shall submit a preliminary Progress
Schedule for review by the Engineer. The preliminary Progress Schedule shall show
detailed construction-related activities for the first 30 Calendar Days of the Project. The
remainder of the Contract activities shall be shown as summary bars within the
milestones of the Work. If the Engineer has comments on the preliminary Progress
Schedule, Contractor shall make the necessary changes and resubmit it within 10
Calendar Days. No progress payments will be made during the period specified above for
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 144 of 164
the preliminary Progress Schedule until the preliminary Progress Schedule has been
accepted by the Engineer.
b. The preliminary Progress Schedule shall:
1. Illustrate a feasible schedule for completion of the Work within the time and
milestones specified.
2. Provide an elementary example of the schedule in the format to be used for the
Progress Schedule.
3. Include the activity code structure as described in paragraph 1.18 ACTIVITY
CODES.
1.04 PROGRESS SCHEDULE
a. The Progress Schedule comprises all the construction-related activities for the Work and
shall show the order in which the Contractor proposes to carry out the Work. Contractor
shall include milestones, coordination necessitated by limited access and available work
areas, and the availability and use of the labor force, material and equipment. Contractor
shall use the Progress Schedule to plan, schedule and coordinate the Work including
activities of Subcontractors, equipment vendors, and suppliers.
b. The Progress Schedule shall be to the level of detail acceptable to the Engineer, and shall
include the following:
1. Organization and structural breakdown of the Project;
2. Milestones and completion dates;
3. Type of Work to be performed and the labor trades involved;
4. Purchase, manufacture and delivery activities for major materials and equipment;
5. Preparation, submittal, and acceptance of shop drawings and material samples;
6. Deliveries of Agency-furnished equipment and/or materials;
7. Acceptances required by regulatory agencies and/or other third parties;
8. Assignment of responsibility for each activity;
9. Access requirements to Work areas;
10. Identification of interfaces and dependencies with preceding, concurrent and
follow on Contractors;
11. Tests, submittal of test reports and acceptance of test results;
12. Planning for phased or total acceptance by Agency; including start up and
commissioning;
13. Identification of any labor force, material and equipment restrictions.
14. Sequence of construction to maintain plant operations;
15. Planned outages.
c. The activities included in the Progress Schedule shall be defined in Working Days.
Durations shall be based on the labor (crafts), equipment, and materials required to
perform each activity on a normal workday basis. Activity durations shall be 20 Working
Days or less except in the case of non-construction activities such as procurement of
materials, delivery of equipment, and concrete curing. All durations shall be the result of
definitive labor force and resource planning by Contractor to perform the Work, in
consideration of contractually defined on Site Work conditions and Contractor’s planned
means and methods.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 145 of 164
d. When the Progress Schedule is accepted by the Engineer, the Engineer will save a copy of
the Progress Schedule as the baseline schedule, and will use it for analysis of Contractor’s
progress.
e. The Contractor shall update the Progress Schedule monthly or as requested.
1.05 ELECTRONIC PROGRESS SCHEDULE FORMAT AND REPORTING
a. The Progress Schedule shall be created using Primavera P6 scheduling software.
Contractor shall use Engineer’s file-naming format throughout the Project.
1. Electronic schedule files shall be saved with .XML or .XER file extensions.
2. Primavera Project Manager settings for “Baseline Type” shall be used in the
following manner:
i. Select <None> as the baseline type for the Preliminary Schedule Submittal.
ii. Once the Preliminary and Project Schedule are accepted, the baseline type
shall be named <Initial Plan>.
iii. Each subsequent Project Schedule update shall set the baseline type to
<Last Performance Update>.
3. The data date for schedule calculation in the preliminary Progress Schedule and
Progress Schedule shall be set as the date of the Notice to Proceed unless
otherwise specified by the Engineer.
1.06 COST LOADING
a. Except for manufacturer lead-time, each Progress Schedule activity that has an actual cost
shall have a cost value assigned to it. Equipment or material delivery activities bearing
cost shall be separate activities. Each activity’s assigned cost shall consist of all costs
associated with that activity including all Project management, superintendence,
overhead and profit costs. The sum of all activity costs shall be equal to the current
Contract value at all times, including approved Change Orders. The Contractor shall certify
that the costs are not unbalanced and that the value assigned to each activity represents
the Contractor’s total cost to perform that activity.
b. If the Engineer or Agency determines cost data does not meet the requirements for a
balanced bid breakdown, the Contractor shall submit documentation substantiating any
cost allocation questioned. Cost allocations will be considered unbalanced if activity on
the Progress Schedule has been assigned a disproportionate allocation of direct costs,
overhead and profit. If documentation of the cost data does not, in the opinion of the
Engineer substantiate cost allocations, the Progress Schedule will be returned to the
Contractor for action.
c. Unit Price items required to be paid on a unit cost basis as identified in the Bid Form and
the Measurement and Payment section shall be incorporated into the Progress Schedule
and measured and updated as specified in this part and as specified in the Measurement
and Payment section.
d. The Contractor shall produce Cash Flow Projection reports and graphics from the
Primavera application.
e. Cost-loaded data shall be the basis for monthly payment applications and shall be
included with monthly updates of the Progress Schedule.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 146 of 164
1.07 RESOURCE LOADING
a. The Contractor shall build a resource (labor force) library within Primavera and assign
resources to each applicable Progress Schedule activity. Resource-loading shall determine
the activity duration based on the assigned resource. The Contractor shall submit a
resource analysis report produced from Primavera in the form of a series of graphics
showing the principal trades. The report shall show the number of worker-days of effort
for each month over the life of the Contract. The labor force requirements forecast shall
be updated monthly and shall include the actual labor force used by trade as of the
current report period and the labor force required to complete the Work.
1.08 COORDINATING PROGRESS SCHEDULE WITH OTHER CONTRACT SCHEDULES
a. Where Work is to be performed under this Contract concurrently with or contingent upon
work performed on the same facilities or area under other contracts, the Progress
Schedule shall be coordinated with the schedules of the other contracts. Agency will
provide the schedules of other contracts for preparation and updating of the Progress
Schedule. Contractor shall revise the Progress Schedule as required by changes in
schedules of other contracts.
b. In case of interference between the operations of different Contractors, the Agency will
determine the work priority of each Contractor and the sequence of work necessary to
expedite the completion of the entire Project. In all such cases, the decision of Agency
shall be accepted as final.
1.09 SUBMITTALS
a. The Progress Schedule and associated reports shall be submitted to the Engineer for
acceptance within the period of the preliminary Progress Schedule specified in 1.05(3). If
the Progress Schedule is not submitted, no progress payments will be made after the due
date until the Progress Schedule has been submitted.
b. Printouts and electronic layouts required as part of the Progress Schedule submittal and
monthly updates are as follows:
1. Summary Schedule: 1-page milestone and summary schedule, sorted by total
float, early-start, early-finish;
2. Detailed Project Schedule: organized by WBS or area of Work; sorted by total float,
early-start, early-finish;
3. Critical Path Schedule: sorted based on the total float, early-start, early-finish;
4. 60-Calendar-Day Look Ahead Schedule: sorted by total float, early-start, early-
finish;
5. Activities in Progress: organized by WBS or area of Work; sorted by total float,
early-start, early-finish;
6. Cash Flow Trending Report: presented in an S-Curve format based on original
planned early start and late start forecasted expenditures. In addition, the
historical actual data point(s) are to be graphed within the S-Curve graphic report;
7. Monthly payment projections;
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 147 of 164
8. Out-of-sequence Report: tabular report showing Work performed out-of-
sequence.
c. Contractor shall submit additional layouts if directed by Engineer.
d. The submittal shall include the following:
1. Narrative report summarizing the Contract milestones, Critical Path, Project
approach including phasing or use of crews, significant submittal and fabrication
items, coordination or interface requirements, Agency-provided items, and list of
Subcontractors and vendors.
2. Graphic reports including Critical Path report (longest path), summary schedule
report, total float report by early-start early-finish, look-ahead report grouped by
work breakdown structure or Project phasing, and cash flow projection. Cash flow
projections include estimated cumulative cost curves based on early and late start
dates and projection of monthly payments over the life of the Project
e. The schedule, Critical Path, and look-ahead schedules shall be submitted as pdf file.
1.10 SCHEDULE UPDATES
a. Progress Schedule updates shall be submitted for the duration of the Contract on a date
agreed to by the Agency, Engineer, and Contractor. If Progress Schedule updates are not
submitted by the due date, progress payments will be withheld until the required
information is submitted.
b. The updated schedule shall be reviewed each month in a meeting with Engineer to verify:
1. Actual start dates,
2. Actual completion dates,
3. Activity percent completion,
4. Revised logic (as-built and projected) and changes in activity durations, cost
assigned,
5. Cost influence of Change Orders, if any,
6. Revisions due to extension of time.
c. Prior to each meeting, Contractor shall prepare a complete and accurate report of current
procurement and construction progress through the end of the update period, and a
depiction of how Contractor plans to continue the Work to meet all Contract completion
dates. All network changes and status data agreed to during each update meeting shall
be considered as accepted by both parties unless written notice of any exceptions is given
within 5 Calendar Days after the meeting.
d. For major network changes that cannot be agreed to during an updating meeting,
Contractor shall submit the proposed changes for Engineer’s acceptance prior to inserting
such changes into the network. Submittals may be in the form of marked up networks,
fragnets, or schedule abstracts, provided they are submitted with a letter of transmittal.
A fragnet is defined as a sequence of new activities and/or activity revisions that are
proposed to be added to the existing schedule to demonstrate how Project events have
an impact on the schedule.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 148 of 164
1.11 DATA DATE
a. The data date is the re-settable date in P6 that serves as the end of a reporting period.
The reporting period will be recorded on a monthly basis, e.g., January 1st through
January 31st with the 31st as the data date. If required for coordination purposes by the
Agency, the Engineer will provide specific data dates to be used by the Contractor.
1.12 REVIEW PROCESS
a. Engineer will review Contractor’s preliminary Progress Schedule and full Progress
Schedule submittals within 15 Calendar Days after receipt of all required information.
b. At the request of Agency or Engineer, Contractor shall participate in any meetings
necessary to reach a mutual agreement and acceptance of the preliminary Progress
Schedule, Progress Schedules, or Cash Flow Projections.
c. If any of the required submittals are returned to Contractor for corrections or revisions,
they shall be resubmitted within 10 Calendar Days after the return mailing date.
Resubmittals shall include all information and media included in the first submittal.
Review and response by Engineer will be given within 10 Calendar Days after receipt of
each resubmittal.
d. Schedules shall show Contract completion of the Work on the Contract completion date
and with zero or positive total float even if the Contractor plans to finish early. In no event
shall acceptance of the schedule be a basis for a claim for delay against Agency or Engineer
by Contractor for an early finish. A Progress Schedule containing activities with negative
float or that extend beyond the Contract completion date will not be acceptable.
e. Acceptance of the Progress Schedule by Engineer does not relieve Contractor of
responsibility for accomplishing the Work by the Contract completion date. Omissions
and errors in the accepted Progress Schedule shall not relieve the Contractor of
obligations under the Contract. Acceptance by Engineer in no way makes Engineer or
Agency an ensurer of the Schedule's success or liable for time or cost overruns. Engineer
and Agency disclaim any obligation or liability by reason of acceptance of the Progress
Schedule by the Engineer.
1.13 RESPONSIBILITY OF SCHEDULE COMPLIANCE
a. Whenever it becomes apparent from the current Progress Schedule that the Critical Path
is delayed and the Contract completion date will not be met, Contractor shall mitigate the
delay by taking some or all of the following actions at no additional cost to Agency.
1. Increase construction labor force in such quantities and crafts as will bring the
Project back on schedule within the completion dates and milestones.
2. Increase the number of working hours per shift, shifts per day, Working Days per
week, and the amount of construction equipment, or any combination of the
foregoing, to substantially eliminate the backlog of Work.
3. Re-schedule activities to achieve maximum practical concurrence of activities and
to comply with the schedule date(s).
b. Within 10 Calendar Days of the Engineer’s request, Contractor shall submit a recovery
schedule and written statement of the steps intended to remove or arrest the delay to
the Critical Path in the schedule. If the Contractor fails to submit the required information
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 149 of 164
or should fail to take measures acceptable to the Engineer, the Engineer with Agency
concurrence may direct Contractor to increase labor force, equipment and scheduled
Work hours to remove or arrest the delay to the Critical Path and the Contractor shall
promptly provide such level of effort at no additional cost to Agency.
c. In the event Contractor fails to follow the updated or revised recovery schedule, Agency
may elect to withhold progress payments until Contractor complies with the revised
schedule.
d. Should Contractor’s efforts not remove or arrest the delay to the Critical Path of the
accepted schedule, then Agency shall be entitled to supplement Contractor’s workforce
and equipment to remove and arrest any delay, and shall be entitled to deduct all costs
and expenses associated with the supplemental workforce and equipment from
payments due to the Contractor. If insufficient Contract funds remain, Agency may
recover such funds from Contractor and its Surety.
1.14 CHANGE ORDERS, DELAYS, AND EXTENSIONS OF TIME
a. When Change Orders or delays are experienced by Contractor and Contractor requests
an extension of time, Contractor shall submit a written time impact analysis to the
Engineer illustrating the influence of each change or delay to the current Contract
Schedule completion date. Each time impact analysis shall include a fragment
incorporating the Change Order or delay into the Progress Schedule to demonstrate how
Contractor was delayed.
b. Each time impact analysis shall demonstrate the estimated time impact based on the
events of the change or the delay; the date the change was given to Contractor or the
delay incurred, the status of construction at that point in time, and the event time
computation of all activities affected by the change or delay. The event times used in the
analysis shall be those included in the latest update of the Progress Schedule or as
adjusted for the events of delay.
c. Three copies of the time impact analysis and an electronic copy on compact disk shall be
submitted within 7 Calendar Days of delay occurrence or direction to proceed with a
change is given to Contractor. No time extensions will be considered if the time impact
analysis is not submitted within the specified time.
d. The Engineer will review Contractor’s time impact analysis. Contractor shall furnish such
justification and supporting evidence as the Engineer deems necessary to determine
whether Contractor is entitled to an extension of time. Engineer’s review of each time
impact analysis will be made within 5 Working Days of receipt of the time impact analysis
and additional information as required by the Engineer, unless subsequent meetings and
negotiations are necessary.
e. The Contract completion time will be adjusted only for causes specified in paragraph 15.
Time extensions will be granted only to the extent that equitable time adjustments for
the activity or activities affected exceed the total or remaining float along the Critical Path
at the time of actual delay. Delays in activities which are not on the Critical Path and do
not affect Contract completion dates, will not be considered for an extension of time.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 150 of 164
1.15 CAUSES FOR EXTENSIONS OF TIME
a. Additional positive total float in the Progress Schedule generated by efficiencies of Agency
or Contractor is a shared commodity to be reasonably used by either party, and belongs
exclusively to the Project. The Contractor is not entitled to any additional compensation
for completion of the Project prior to expiration of the Contract Times.
b. Agency-Initiated Changes. Agency initiated changes to the Contract Work that absorb
float time will not be considered for an extension of time. Agency-initiated changes that
affect the Critical Path of the Progress Schedule shall be grounds for extending or
shortening completion dates. Use of float time for Contractor initiated changes will
require Agency’s concurrence. Contractor’s changes, however, shall give way to Agency-
initiated changes competing for the same float time.
c. Outside Contractor’s Control. Events outside of the Contractor’s control that affect the
Critical Path of the Progress Schedule will be considered for an extension or reduction of
the Contract Times.
d. Weather Delays. Engineer will obtain weather data during construction from a reputable
source, and will maintain weather records.
1. Engineer will determine Contractor’s entitlement to an extension of the Contract
Time as a result of weather delays. Extensions of time will be granted at the
discretion of the Engineer for circumstances not covered by the flow chart.
2. Any weather-related extension of Contract Time shall be non-compensable.
Efficiencies gained as a result of favorable weather within a calendar month,
where the number of days of normally anticipated weather days is less than
expected, shall contribute to the Project float and shall not affect the Contract
Times.
3. Application for a weather-related extension of time shall be submitted to the
Engineer, and shall state the extension requested and be supported by the
relevant weather data.
1.16 AS-BUILT SCHEDULE
a. As a condition precedent to release of final payment, the last update to the Progress
Schedule submitted shall be identified by the Contractor as the “As-Built Schedule.” The
“As-Built Schedule” shall reflect the exact manner in which the Project was actually
constructed (including actual start and completion dates, activities, sequences, and logic)
and shall be signed and certified by the Contractor’s Project manager.
1.17 SCHEDULE SOFTWARE SETTINGS AND RESTRICTIONS
a. Contractor shall consult with Engineer for acceptable Primavera Project Manager
software settings and restrictions. The following shall apply unless otherwise directed by
the Engineer.
1. Schedule Options:
i. Shall be defined only to “Use expected finish dates”;
ii. Scheduling progressed activities to be set to “Use only retained logic,” not
progress override option;
iii. Critical Path activities defined as Total Float less than or equal to zero;
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 151 of 164
iv. Calculating start-to-start lag from “early start” dates; and computing total
float as “finish float = late finish – early finish”;
v. Calendar to be set for scheduling relationship lag as “Predecessor Activity
Calendar.”
2. Activity progress shall be shown using Remaining Duration. Date format shall be
DDMMYY.
3. Default activity type shall be set to “Independent Task.”
4. Date/time activity constraint(s), other than those required by the Contract, will
not be allowed unless accepted by Engineer. Contractor shall identify proposed
constraints and explain the constraint purpose in the Narrative Report.
5. Lags shall not be used in the creation of an activity that will perform the same
function, e.g., concrete cure time. Lag durations contained in the Project Schedule
shall not have a negative value. Contractor shall identify any lag proposed and
explain the purpose of the lag in the Narrative Report.
6. Actual Start and Finish dates shall not be automatically updated by default
mechanism that may be included in the CPM scheduling software system. Actual
Start and Actual Finish dates on the CPM schedule shall be updated by actual Work
progression.
1.18 ACTIVITY CODES
a. The Primavera (P6) activity codes and WBS to be confirmed or revised by the Engineer are
listed below. Confirmation or revision of the activity codes and WBS will be provided to
the Contractor within 3 Working Days of the Effective Date of the Contract. Use of the
Engineer prescribed activity codes and WBS is mandatory.
b. “Project Codes” as defined by Primavera P6 is reserved for the Agency. Only “Activity
Codes” at Project Level will be permitted for Contractor use.
Activity Code Code Value Description
Phase 0005 Construction Phase
Construction Phase A
BC
D
E
Milestones
Administrative
Submittals
Construction Activities
Closeout Phase
Submittals SUB
R&A
F&D
Submittals
Review & Approve
Fabricate & Deliver
Other Codes to be prescribed by Engineer or requested by
Contractor for Project specific criteria.
1.19 ACTIVITY RELATIONSHIPS
a. Relationships between activities shall be identified with the following information:
1. Predecessor and successor activity ID.
2. Relationship types:
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 152 of 164
i. FS Finish to start
ii. SS Start to start
iii. FF Finish to finish
iv. SF Start to finish – This relationship is not allowed, unless authorized by
Engineer.
1.20 PROJECT CALENDARS
a. Project Calendars shall use Working Days and Calendar Days as the planning unit for the
schedule. Use of Global Calendars is reserved for Agency. Each calendar shall be set to
start on Mondays with holidays in accordance with Agency policy. The following calendars
shall be used for each activity except as otherwise accepted by Engineer:
1. 5-Day x 8 Hour Workweek (with holidays) shall be used for 5-day 40-hour
workweek activities: Monday through Friday. All holidays and non-work days shall
be assigned to this calendar. This calendar shall be used for all normal work
activities, submittals, and fabricate and delivery activities. This calendar shall be
the default calendar for the Project unless otherwise specified.
2. 5-Day x 10-Hour Workweek (with holidays) shall be used for 5-day 50-hour
workweek activities: Monday through Friday. All holidays and non-work days shall
be assigned to this calendar.
3. 6-Day x 10-Hour Workweek (with holidays) shall be used for 6-day 60-hour
workweek activities. Monday through Saturday. All holiday and non-work days
shall be assigned to this calendar.
4. 7-Day Calendar (no holidays) shall be used for 7-day workweek activities. No non-
work days shall be entered into this calendar.
5. Additional Calendars may be assigned depending on need. However, Contractor
shall consult with the Engineer before other calendars are entered and/or used in
the Project schedule.
b. The workday to calendar day correlation shall be based on a single shift and 5-day work
week with adequate allowance for holidays, adverse weather, and all other special
requirements of the Work. Contractor may, at his option, propose alternate baseline
calendars to allow a second shift and/or a single shift on Saturdays subject to the
concurrence and acceptance of Agency. Under no circumstances will a schedule be
accepted which allows regularly scheduled Work on Sundays.
1.21 FLOAT
a. Contractor shall not use float suppression techniques, including preferential sequencing
(arranging Critical Path through activities more susceptible to Agency caused delay); lag
logic restraints; zero total or free float constraints; extended activity times; or imposing
constraint dates other than as required by the Contract. Float suppression will be cause
for rejection of the preliminary Progress Schedule or full Progress Schedule and its
updates.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 153 of 164
1.22 MANDATORY MILESTONES
a. The Contract duration shall be equal to the time period between the Notice to Proceed
and the completion milestone. The following milestones are mandatory.
1. Project Award Milestone
2. Notice to Proceed Milestone
3. Substantial Completion is [Insert number and type (i.e., Working or Calendar)]
days from Notice to Proceed
4. Completion is [Insert number and type i.e., Working or Calendar] days from Notice
to Proceed
b. The following additional milestones are to be considered and incorporated into the
Progress Schedule in accordance with the Contract terms, if applicable.
1. Permit constraints
2. Facility shut down or outage milestone requirements
3. Applicable phasing milestones
4. Other milestones deemed appropriate by the Engineer
PART 2 EXECUTION
2-1.1 Preconstruction Meeting
After, or upon, notification of Contract award, the Engineer will set the time and location for the
Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for
the management, administration, and execution of the Project is mandatory for the meeting to
be convened. Failure of the Contractor to have the Contractor’s responsible Project personnel
attend the Preconstruction Meeting will be grounds for default by Contractor per Supplemental
General Provisions Section 6-7. No separate payment will be made for the Contractor’s
attendance at the meeting. The Notice to Proceed will only be issued on or after the completion
of the Preconstruction Meeting.
2-1.2 Preparation and Review of the Baseline Construction Schedule
The Contractor shall prepare the Baseline Construction Schedule as a CPM Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and 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.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 154 of 164
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.
2-1.2.4 Schedule Software
This project will utilize the Owner’s Procore (www.procore.com) online project management and
document control platform. The intent of utilizing Procore is to reduce cost and schedule risk,
improve quality and safety, and maintain a healthy team dynamic by improving information flow,
reducing non-productive activities, reducing rework and decreasing turnaround times. The
Contractor is required to create a free web-based Procore user account(s) and utilize web-based
training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves
otherwise, the Contractor shall process all project documents through Procore because this
platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not
otherwise trained with Procore, Contractor and applicable team members shall complete a free
training certification course 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.
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
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 155 of 164
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
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
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 156 of 164
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
Schedule confirming the agreements no later than the fifth Working Day of the following month.
The monthly update will be submitted on hard (paper) copy and electronic media conforming to
Section 6-1.3.3 Electronic Media per the submittal requirements of Section 1.05 (Electronic
Progress Schedule Format and Reporting) and 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.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 157 of 164
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
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
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 158 of 164
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.
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: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 159 of 164
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: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 160 of 164
iii. NPDES General Permit for Storm Water Discharges Associated with
Construction and Land Disturbance Activities (LUP Type 2)
iv. NPDES Permit for discharge of hydrostatic test water and potable water
3. 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. Blasting Permit
vii. Written authorization from private property owners for property utilized
for staging
1.02 HAUL ROUTE PERMIT
a. The Contractor shall prepare a Project specific haul route plan detailing the streets
intended for use in delivery of materials and import and export of soil. Contractor will be
limited to the routes approved by the City of Carlsbad according to the approved haul
route plan contained in the permit.
1.03 TRAFFIC CONTROL PLANS
a. The Contractor shall prepare Project specific traffic control plans, and haul route plan and
use such plans to obtain a traffic control permit from the City of Carlsbad Development
Services Department.
1.04 RAILROAD
a. The Work is outside of railroad right-of-way.
1.05 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)/ GENERAL PERMIT
PROJECTS LESS THAN ONE ACRE (TIER 1 and TIER 2 or Maintenance ONLY Projects that
may be over an acre)
A. Water Pollution Prevention. The Contractor shall plan for and implement temporary
construction BMPs to mitigate the water quality impacts of land disturbance and non-
storm water discharges related to construction activities in accordance the Agency’s
current Municipal Stormwater Permit and Carlsbad Municipal Code Chapter 15.12. BMPs
are the schedules of activities, prohibitions of practices, maintenance procedures and
other management practices employed during construction activities to prevent or
reduce pollution of bodies of water protected by the federal Clean Water Act (33 U.S.C. §
1251 et seq.) and the state Porter-Cologne Water Quality Control Act (Water Code, §
13000 et seq.), which include oceans, lagoons, lakes, streams and other sensitive water
bodies and water courses. Construction BMPs also include physical devices and structural
construction control measures designed to prevent soil erosion from occurring on the
Work Site, or that are designed to prevent sediment from leaving the Work Site, both of
which are referred to hereafter as “Water Pollution.” BMPs are also intended to protect
01 41 26 PERMIT REQUIREMENTS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 161 of 164
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: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 162 of 164
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.
END OF SECTION
01 50 00 TEMPORARY FACILITIES CONTROLS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 163 of 164
01 50 00 TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL
1.01 FIELD OFFICE
a. Field office is not required.
1.02 TEMPORARY TRAFFIC PAVEMENT MARKERS
a. The Contractor shall supply and install temporary traffic pavement markers, channelizers,
and signing at the locations shown on the plans and as required in the specifications,
complete in place prior to opening the traveled way to public traffic.
b. Temporary reflective raised pavement markers shall be placed in accordance with the
manufacturer's instructions. Temporary reflective raised pavement markers shall be
cemented to the surfacing with the adhesive recommended by the manufacturer, except
epoxy adhesive shall not be used to place temporary reflective raised pavement markers
in areas where removal of the markers will be required. Pavement striping, legends and
markers which conflict with any traffic pattern shall be removed by grinding as
determined by the Engineer. The Contractor shall use temporary reflective raised
pavement markers for temporary pavement marking, except when the temporary
pavement markers are used to replace patterns of temporary traffic stripe that will be in
place for less than 30 days. Reflective pavement markers used in place of the removable-
type pavement markers shall conform to the section 312 "Pavement Marker Placement
and Removal", except the 14-day waiting period before placing the pavement markers on
new asphalt concrete surfacing as specified in section 312-1 “Placement”, shall not apply;
and epoxy adhesive shall not be used to place pavement markers in areas where removal
of the markers will be required.
c. Channelizers shall be new surface-mounted type and shall be furnished, placed, and
maintained at the locations shown on the plans. Channelizer posts shall be orange in
color. Channelizers shall have affixed white reflective sheeting as specified in the special
provisions. The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The
reflective sheeting shall be visible at 300 m (1000’) at night under illumination of legal
high beam headlights, by persons with vision of or corrected to 20/20. The channelizer
bases shall be cemented to the pavement in the same manner as provided for cementing
pavement markers to pavement in section 314. Channelizers shall be applied only on a
clean, dry surface. Channelizers shall be placed on the alignment and location shown on
the plans and as directed by the Engineer. The channelizers shall be placed uniformly,
straight on tangent alignment and on a true arc on curved alignment. All layout work
necessary to place the channelizers to the proper alignment shall be performed by the
Contractor. If the channelizers are displaced or fail to remain in an upright position, from
any cause, the channelizers shall immediately be replaced or restored to their original
location, by the Contractor. The Contractor shall provide the Engineer with a Certificate
of Compliance in accordance with the provisions of section 4-1.5, "Certification”. Said
certificate shall certify that the channelizers comply with the plans and specifications and
conform to the prequalified design and material requirements approved by the Engineer
01 50 00 TEMPORARY FACILITIES CONTROLS Date Printed: May 16, 2023
Document Version: 1.0 Current Update: October 2022
Page 164 of 164
and were manufactured in accordance with a quality control program approved by the
Engineer.
1.03 TEMPORARY TRAFFIC SIGNING
a. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on approved Traffic Control plans and
specified herein. As part of the Contractor’s Traffic Control Plan, at least one Portable
Changeable Message Sign (PCMS) is required in each direction of travel impacted by the
work on all roadways for the project. The PCMS shall warn motorists of the work 7 days
prior to start of the work, and for the entire duration of the work.
b. If temporary traffic signs are displaced or overturned, from any cause, during the progress
of the work, the Contractor shall immediately replace the signs in their original approved
locations. The Contractor shall maintain all temporary traffic signs used in the Work in a
clean, reflective and readable condition. The Contractor shall replace or restore graffiti
marked temporary traffic signs and posts used in the Work within 18 hours of such
marking being discovered during non-working hours or, when the marking is discovered
during working hours, within 2 hours of such discovery of marking.
c. Temporary traffic pavement markers shall be paid for per the lump sum bid item Signing
and Striping which shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals and for doing all the work involved in applying, installing,
maintaining, and removing temporary traffic pavement markers, channelizers, signing,
railing (type K), crash cushions and appurtenances, complete in place, as shown on the
plans, as specified in the Standard Specification and these special provisions, and as
directed by the Engineer.
END OF SECTION