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HomeMy WebLinkAboutConan Construction Inc; 2024-01-10; PWS24-2283FACCITY OF CARLSBAD CONTRACT DOCUMENTS FOR: Calavera Hills Community Center Refurbishment Project No. 4746 00 01 01 TITLE PAGE Document Version: 1.0 PWS24-2283FAC 1635 Faraday Ave, Carlsbad, CA 92008 Email: PWContractAdmin@carlsbadca.gov Date Printed: November 15, 2023 Current Update: May 2023 Table of Contents SECTION 1 .................................................................................................................................... 1 00 11 10 NOTICE INVITING BIDS .................................................................................................. 1 1. RECEIPT OF BIDS .................................................................................................................. 1 2. DESCRIPTION OF WORK ....................................................................................................... 1 3. COMPLETION OF WORK ...................................................................................................... 1 4. OPENING AND AWARD OF BIDS .......................................................................................... 1 5. PERIOD FOR AWARD ............................................................................................................ 1 6. BIDDER QUALIFICATIONS ..................................................................................................... 2 7. PRE-BID CONFERENCE ......................................................................................................... 2 8. OBTAINING CONTRACT DOCUMENTS ................................................................................. 2 9. BID GUARANTEE AND BONDS ............................................................................................. 2 10. PREVAILING WAGE RATES AND LABOR COMPLIANCE ...................................................... 3 11. PROJECT ADMINISTRATION/QUESTIONS .......................................................................... 3 00 21 10 INSTRUCTIONS TO BIDDERS .......................................................................................... 4 1. SECURING CONTRACT DOCUMENTS ................................................................................... 4 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS ....................................................... 4 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS ......................................................... 4 4. QUESTIONS .......................................................................................................................... 5 5. PRE-BID CONFERENCE ......................................................................................................... 5 6. ADDENDA ............................................................................................................................. 6 7. ALTERNATE BIDS .................................................................................................................. 6 8. COMPLETION OF BID FORMS .............................................................................................. 6 9. GOVERNING GENERAL PROVISIONS .................................................................................... 7 TABLE OF CONTENTS Document Version: 1.0 Date Printed: November 15, 2023 Current Update: May 2023 10. MODIFICATIONS OF BIDS ................................................................................................... 7 11. BID GUARANTEE ................................................................................................................ 7 12. LABOR & MATERIAL BOND AND PERFORMANCE & WARRANTY BOND REQUIREMENTS. 8 13. SUBSTITUTION OF SECURITY ............................................................................................. 9 14. OPTIONAL ESCROW FOR SECURITY DEPOSIT .................................................................... 9 15. INSURANCE REQUIREMENTS ............................................................................................. 9 16. LICENSING REQUIREMENTS ............................................................................................. 10 17. SUBCONTRACTORS .......................................................................................................... 10 18. BIDDER INFORMATION AND EXPERIENCE FORM ............................................................ 11 19. NON-COLLUSION AFFIDAVIT ........................................................................................... 12 20. IRAN CONTRACTING ACT OF 2010 ................................................................................... 12 21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ...................................... 12 22. PREVAILING WAGES ......................................................................................................... 13 23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............................................. 13 24. SIGNING OF BIDS ............................................................................................................. 13 25. SUBMISSION OF SEALED BIDS ......................................................................................... 14 26. OPENING OF BIDS ............................................................................................................ 14 27. WITHDRAWAL OF BID ...................................................................................................... 15 28. BIDDERS INTERESTED IN MORE THAN ONE BID .............................................................. 15 29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES ......................... 15 30. PERMIT AND INSPECTION FEE ALLOWANCE ................................................................... 15 31. BASIS OF AWARD; BALANCED BID ................................................................................... 16 32. AWARD PROCESS ............................................................................................................. 16 33. EXECUTION OF CONTRACT. ............................................................................................. 16 TABLE OF CONTENTS Document Version: 1.0 Date Printed: November 15, 2023 Current Update: May 2023 34. BUSINESS LICENSE ........................................................................................................... 16 35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES ............................... 16 36. USE OF RECYCLED MATERIALS ......................................................................................... 16 37. STATUTORY REFERENCES ................................................................................................ 17 00 41 00 BID FORM .................................................................................................................... 18 1,, BID SCHEDULE ................................................................................................................ 19 2. TOTAL BID PRICE ............................................................................................................ 21 J.:. RECITALS ........................................................................................................................ 21 00 43 10 BID BOND FORM ......................................................................................................... 27 00 43 20 BID SECURITY ............................................................................................................... 29 00 43 30 PROPOSED SUBCONTRACTORS FORM ........................................................................ 30 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM ....................................................... 32 1. INFORMATION ABOUT BIDDER ...................................................................................... 32 I:_ LIST OF CURRENT PROJECTS (BACKLOG) ....................................................................... 34 3. VERIFICATION AND EXECUTION ..................................................................................... 38 00 45 10 NON-COLLUSION AFFIDAVIT ....................................................................................... 39 00 45 15 IRAN CONTRACTING ACT CERTIFICATION ................................................................... 40 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION .................................. 41 00 45 25 CERTIFICATE OF INSURANCE ....................................................................................... 42 00 45 30 STATEMENT REGARDING DEBARMENT ...................................................................... 43 00 45 35 DISCLOSURE OF DISCIPLINE RECORD .......................................................................... 44 00 52 00 CONTRACT ................................................................................................................... 46 00 6110 LABOR AND MATERIALS BOND ................................................................................... 50 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND .................................................... 53 TABLE OF CONTENTS Document Version: 1.0 Date Printed: November 15, 2023 Current Update: May 2023 00 61 30 OPTIONAL ESCROW AGREEMENT ............................................................................... 57 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS ....................................................... 61 INTRODUCTION ..................................................................................................................... 61 00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS (NOT USED) .............................. 139 INTRODUCTION (NOT USED) ............................................................................................... 139 PART 2 CONSTRUCTION MATERIALS (NOT USED) ............................................................... 139 SECTION 2 ................................................................................................................................ 140 01 11 00 SUMMARY OF WORK (NOT USED) ............................................................................ 140 PART 1 GENERAL (NOT USED) ............................................................................................. 140 PART 2 PRODUCTS (NOT USED) ........................................................................................... 140 PART 3 EXECUTION (NOT USED) .......................................................................................... 140 01 1120 MEASUREMENT AND PAYMENT ............................................................................... 141 PART 1 GENERAL. ........................................................................................................................... 141 PART 2 PRODUCTS (NOT USED) ........................................................................................... 145 PART 3 EXECUTION (NOT USED) .......................................................................................... 145 01 31 00 PROJECT MANAGEMENT AND COORDINATION ....................................................... 146 PART 1 CONSTRUCTION MANAGEMENT SOFTWARE .......................................................... 146 0132 00 SUBMITTALS .............................................................................................................. 147 PART 1 GENERAL. ................................................................................................................. 147 PART 2 PRODUCTS (NOT USED) ........................................................................................... 152 PART 3 EXECUTION (NOT USED) .......................................................................................... 152 01 33 00 CONSTRUCTION PROGRESS SCHEDULE .................................................................... 153 PART 1 GENERAL .................................................................................................................. 153 PART 2 EXECUTION .............................................................................................................. 163 TABLE OF CONTENTS Document Version: 1.0 Date Printed: November 15. 2023 Current Update: May 202 3 014126 PERMIT REQUIREMENTS ........................................................................................... 168 PART 1 GENERAL. ................................................................................................................. 168 PART 2 PRODUCTS (NOT USED) ........................................................................................... 169 PART 3 EXECUTION (NOT USED) .......................................................................................... 169 01 50 00 TEMPORARY FACILITIES AND CONTROLS .................................................................. 170 PART 1 GENERAL. ................................................................................................................. 170 PART 2 PRODUCTS (NOT USED). .......................................................................................... 176 PART 3 EXECUTION (NOT USED) .......................................................................................... 176 TECHNICAL SPECIFICATIONS ................................................................................................................. 177 Attachment A -Contractor Staging Area Attachment B -City Form E-32, Project SWPPP Tier Level Attachment C -City Roof Warranty Forms Attachment D -San Diego Regional Hazardous Material Questionnaire Attachment E -Construction Waste Management Plan, B-59 Plans -Bid Set Only -Not for Construction TABLE OF CONTENTS Document Version: 1.0 Date Printed: November 15, 2023 Current Update: May 2023 SECTION 1 00 1110 NOTICE INVITING BIDS 1. RECEIPT OF BIDS. The City of Carlsbad ("Agency") will accept Bids via electronic format via the City of Carlsbad Electronic Bidding Site up to and no later than 11 a.m. on November 9, 2023 through the online bidding portal (Contracting & Purchasing I Carlsbad, CA (carlsbadca .gov)) for the construction of the Work entitled: Calavera Hills Community Center Refurbishment CONTRACT NO. PWS24-2283FAC Project No. 4746 2. DESCRIPTION OF WORK. The Work includes the provision of all equipment, labor, materials, tools, services, transportation, permits, utilities, and all other items necessary to complete the construction of the following, as specified and shown in the Construction Documents: replace a portion of the existing low-slope roof with single-ply membrane, apply a fluid applied roof system over the existing roof for a portion of the existing low-slope roof, replace clay tile roofing with standing seam metal roofing, patch and repair areas of exterior cement plaster damage, and repaint all previously painted surfaces. The Work Site is located at 2997 Glasgow Drive in the City of Carlsbad, in the County of San Diego, California. 3. COMPLETION OF WORK. The Contract Time is established as eighty (80) Working Days. The Contract Time shall begin as specified in the Notice to Proceed. The Engineers' estimate for this Project is $2,101,900. 4. OPENING AND AWARD OF BIDS. Agency shall consider awarding the Contract for the Project to the lowest, responsive, responsible Bidder as determined by the Agency from the base Bid alone. The Agency has the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the Bidding process. 5. PERIOD FOR AWARD. A period of ninety (90} Calendar Days from the time of Bid opening may be required to award the Contract. No Bidder may withdraw its Bid or Bid Guarantee during this period. Bidders shall assume full responsibility for their Bid Price during this period and shall make certain that such delay does not restrict the Bid Guarantee. 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page 1 of 308 Date Printed: November 15, 2023 Current Update: May 2023 6. BIDDER QUALIFICATIONS. Bidders shall be licensed contractors pursuant to Business and Professions Code Sections 7000 et seq. under the classification of C-39, Roofing, or Class B, General Building Contractor as of the date of submittal of the Bid Documents and shall maintain such license until final acceptance of the Work. Additional qualifications are included in the Contract Documents. 7. PRE-BID CONFERENCE. The Agency will conduct a mandatory Pre-Bid Conference at the Agency's office (address listed below) on October 26, 2023, at 10 a.m. Bidders will have the opportunity to wa lk a portion of the roof. Address: 2997 Glasgow Drive, Carlsbad, CA 92010 Representatives of the Agency and consulting engineers and architects, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference and be posted on the online bidding portal. Bids will not be accepted from any bidder who did not attend a mandatory Pre-Bid Conference. 8. OBTAINING CONTRACT DOCUMENTS. Bidders may obtain a copy of the Contract Documents from Agency's website (Contracting & Purchasing I Carlsbad, CA (carlsbadca.gov)). To the extent required by Public Contract Code Section 20103. 7, upon request from a contractor plan room service, the Agency shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. It is the responsibility of each prospective Bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a Bid. All Addenda will be posted on the on line bidding portal. It is the responsibility of each prospective Bidder to check the on line bidding portal on a daily basis through the close of the bidding period for any applicable Addenda. The Agency does not assume any liability or responsibility for any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on the online bidding portal may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by the online bidding portal. No time extensions or other consideration will be given for non-receipt or other circumstance associated with the review or acquisition of Contract Documents. Bids must be submitted on the Agency's Bid Forms in the Contract Documents. 9. BID GUARANTEE AND BONDS. Each Bid shall be accompanied by cash, a certified or cashier's check or Bid Bond secured from a surety company satisfactory to the Agency, the amount of which shall not be less than 10% of the submitted Total Bid Price, made payable to the Agency as bid security. The bid security shall be provided as a guarantee that within 10 Working Days after the Agency provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within these 10 Working Days. No interest will be paid on funds deposited with the Agency. 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page 2 of 308 Date Printed: November 15, 2023 Current Update: May 2023 All Bidders must upload Bidder1s Bond to the online bidding portal. The original Bid Bond for the 3 apparent low Bidders must be submitted to the city within 2 Business Days of Bid opening. The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth in the Contract Documents, shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer. Pursuant to Public Contract Code Section 22300, the successful Bidder may substitute certain securities for funds withheld by Agency to ensure its performance under the Contract. 10. PREVAILING WAGE RATES AND LABOR COMPLIANCE. This Project is subject to prevailing wages and labor compliance per the Labor Code. To this end, Bidder shall sign and submit with its Bid the California Department of Industrial Relations (DIR} Public Works Contractor Registration Certification on the form 00 45 00 provided. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed Subcontractor in the space provided in the Proposed Subcontractors form. In bidding this Project, it shall be the Bidder's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its Bid. A copy of the prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. 11. PROJECT ADMINISTRATION/QUESTIONS. Requests for Information (RFI} or interpretations of Bid Documents during the bid period sha ll be submitted via Online Q&A in the online bidding portal. The cutoff date and time to submit questions or substitution request regarding this Project via Online Q&A in the online bidding portal is October 31, 2023, at S p.m. No questions will be entertained after that date. For further information, see the online bidding portal. END OF SECTION 00 1110 NOTICE INVITING BIDS Document Version: 1.0 Page 3 of 308 Date Printed: November 15, 2023 Current Update: May 2023 00 2110 INSTRUCTIONS TO BIDDERS 1. SECURING CONTRACT DOCUMENTS. Bids must be submitted to the Agency on the Bid Forms which are a part of the Contract Documents for the Project. The Contract Documents may be obtained from the Agency's online bidding portal (Contracting & Purchasing I Carlsbad, CA (carlsbadca.gov)). Prospective bidders are encouraged to communicate with the Agency well in advance of the date and time bids are due to the Agency ("Bid Submission Deadline") to determine the availability of Contract Documents. The Agency may also make the Contract Documents available for review at one or more plan rooms. Prospective Bidders who choose to review the Contract Documents at a plan room must contact the Agency to obtain the required Contract Documents if they decide to submit a Bid for the Project. Addenda will be posted on the online bidding portal. Failure to acknowledge all Addenda may make a Bid non responsive and ineligible for award of the Contract. Bidders are advised to verify the issuance of all Addenda and receipt of them 1 Working Day prior to bidding. Failure to acknowledge all Addenda may make a Bid non responsive and ineligible for award of the Contract. 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS. At its own expense and before submitting its Bid, each Bidder shall visit the Site of the proposed Work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the Work, including but not limited to, difficulties and restrictions attending the execution of the Work under the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract Documents, and all other referenced documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the Work, including local tax structure, contractors' licensing requirements, ava ilability of required insurance, the prevailing wages and other relevant cost factors. Each Bidder shall also familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the Work, including the cost of permits and licenses required for the Work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the Site or where Work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the Site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under California law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Section. 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS. Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other parts of the Contract Documents, or discrepancies in or omissions from the Drawings and Specifications, may promptly submit a written request for information, interpretation, 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 4 of 30B Date Printed: November 15, 2023 Current Update: May 2023 clarification, or correction ("RFI") to the Bid Administrator, the Agencies designated representative for soliciting and conducting bids on the Agencies online ebidding portal. (defined below). The Agency may not respond to RFls submitted past the Q&A Submission Deadline. Th e Bidder submitting the RFI is responsible for prompt delivery to the Bid Administrator. Responses to RF ls will be made only by duly issued written Addenda. The Agency shall not provide verbal responses to RFls. Copies of written Addenda will be posted on the online bidding portal for each prospective Bidder who has downloaded a set of Contract Documents. The Agency will not be responsible for any other explanation or interpretations of the Drawings, Specifications or other parts of the Contract Documents. If any Prospective Bidder becomes aware of any errors or omissions in any part of the Contract Documents, the Prospective Bidder must promptly notify the Agency of such error or omission. Before award of the Contract, no addition to, modification of, or interpretation of any provision in the Contract Documents will be given by any agent, employee or contractor of the Agency except as otherwise specified in these Instructions to Bidders. No bidder may rely on verbal directions given by any agent, employee or contractor of the Agency except as specified in these Instructions to Bidders. 4. QUESTIONS. Questions regarding this Project must be submitted through the online ebidding portal. Questions shall be definite and certain, and shall reference applicable drawing sheets, notes, details or specification sections. The deadline to submit questions is identified in the Notice Inviting Bids. Questions received after the deadline may not be answered. Responses to questions submitted during the bidding period will be published in an Addendum and provided to those bidding on the Project no later than the date specified in the Notice Inviting Bids. Except for the Agency's Bid Administrator, no other members of the Agency's staff or Board should be contacted about this procurement during the bidding process. All inquiries and comments from Prospective Bidders regarding a proposed Bid must be communicated in writing, unless otherwise instructed by the Agency. The Agency may, in its sole discretion, disqualify any Prospective Bidder who engages in any prohibited communications. 5. PRE-BID CONFERENCE. The Notice Inviting Bids shall state whether a Pre-Bid Conference will be held and, if so, whether attendance is mandatory. Bids will not be accepted from any bidder who did not attend a Mandatory Pre-Bid Conference. The Conference will commence at the specified start time and the Site visit will begin at the conclusion of the Conference. Prospective Bidders who arrive late (ten or more minutes after the Conference has started) and who do not sign the "Sign-In" or att endance sheet, may be disqualified from the bidding process. Representatives of the Agency and its consultants, if any, will be present to the extent possible. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 5 of 308 Date Printed: November 15, 2023 Current Update: May 2023 A Pre-Bid Conference may include a Project Site visit. Personal Protective Equipment (PPE) is required of all Job Walk attendees. Attendees are required to wear closed toe shoes and long pants. Sleeved shirts, safety glasses (may be prescription with side shields if in process areas), safety vests and hard hats are recommended. Only those possessing such attire will be allowed on the Job Site. The Agency will not provide personal protective equipment to Job Walk attendees. 6. ADDENDA. The Agency may revise the Contract Documents before the Bid Submission Deadline. Revisions, if any, shall be made by written Addenda. All Addenda will be posted on the on line bidding portal. All Addenda issued by the Agency shall be acknowledged by the Bidder on the online bidding portal and made part of the Contract Documents. The Bidder shall acknowledge the Addenda before submitting its Bid. Bidders are responsible for the receipt of all Addenda. The Agency may reject a Bid if the Bidder fails to acknowledge all Addenda. Pursuant to Public Contract Code Section 4104.5, if the Agency issues an Addendum which includes material changes to the Project less than 72 hours before the Bid Submission Deadline, the Agency will extend the Bid Submission Deadline by no less than 72 hours. The Agency may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid Submission Deadline. 7. ALTERNATE BIDS. If alternate Bid items are called for in the Notice Inviting Bids and the Contract Documents, the time required for completion of the Work for the alternate Bid items is factored into the Contract duration and no additional Contract t ime will be awarded. The Agency may elect to include one or more of the alternate Bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each Bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder. If the Agency utilizes alternate Bid items as described above, the Notice Inviting Bids will prescribe predetermined criteria for the Bid package selection or a selection process in which price information and Bidder identities are not revealed to the Agency before the Bid Submission Deadline. 8. COMPLETION OF BID FORMS. Bids shall only be prepared using the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than legible and correct photocopies of those provided by the Agency are prohibited. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Use of black or blue ink, indelible pencil, or a typewriter is required. Deviations from these instructions may result in the Bid being deemed non-responsive. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 6 of 308 Date Printed: November 15, 2023 Current Update: May 2023 The following documents must be completed and properly executed including notarization, where indicated, and submitted as a part of the complete Bid Package: 1. Bid Form (00 41 00) 2. Bid Bond (00 43 10) or Bid Security (00 43 20) with check/cash 3. Proposed Su bcontractors Form (00 43 30) 4. Bidder Information and Experience Form (00 43 40) 5. Non-Coll usion Affidavit (00 45 10) 6. Iran Contracting Act Certification (00 45 15) 7. Public Works Contractor Registration Certification (00 45 20) 8. Certificate of Insurance (00 45 25) 9. Statement Regarding Debarment (00 45 30) 10. Disclosure of Discipline Record (00 45 35) 11. Acknowledgement of ALL Addenda on the on line bidding portal. 12. Optional Escrow Agreement, as applicable (00 61 30) All Bids shall be computed on the basis of the given estimated quantities of work, as indicated in the Bid, multiplied by the unit price as submitted by the Bidder. When paper copies are submitted, all prices must be written in ink or typewritten. Changes or corrections·may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. 9. GOVERNING GENERAL PROVISIONS. The Specifications contained in the Agency Supplemental General Provisions (00 73 00) take precedence over the specification language contained in the Standard Specifications for Public Works Construction, "the Greenbook" latest edition and all errata. The Supplemental General Provisions address the unique conditions in the City of Ca rlsbad that are not addressed in the Green book. Therefore, if there is a conflict between the two, the Supplemental Provisions shall control over the Greenbook. The Greenbook may be purchased at Bidder's/Contractor's local technical bookstore, online or directly from the publisher. The Supplemental Provisions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies. 10. MODIFICATIONS OF BIDS. Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions, or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic, and electronic modifications will not be considered. 11. BID GUARANTEE. Each Bid shal l be accompanied by: (a) a cashier's check; or, (b) a certified check made payable to Agency; or, (c) a Bid Bond secured from a surety company satisfactory to the Board, the amount 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 7 of 308 Date Printed: November 15, 2023 Current Update: May 2023 of which shall not be less than 10% of the total bid price, made payable to Agency as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be a Ca lifornia admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within 10 Working Days after the Agency provides the successful Bidder the Notice of Award, the successfu l Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security may be declared forfeited if the successful Bidder fails to enter into a contract and provide the necessary • bonds and certificates of insurance. Any Bid received that does not comply with these Bid Guarantee instructions may be rejected as non-responsive, and Agency may enter into a contract with the next lowest, responsive, responsible Bidder, or may call for new Bids. No interest shall be paid on funds deposited with the Agency. Copies of Bid Bonds submitted to the Agency shall have the same force and effect as the original. The Bidder's security of the second and third next lowest responsive Bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful Bidders shall be returned to them, or deemed void, within 10 Working Days after the Contract is awarded The proceeds of the Bidder's security may also become property of the Agency if the Bidder withdraws its Bid within 15 Calendar Days after the Bid opening date, unless otherwise required by law, including Public Contract Code Section 5100 et. seq., and notwithstanding the award of the Contract to another Bidder. The Bidder shall submit Bid Bond (00 43 10) or Bid Security (00 43 20) with properly certified check with the Bid Package. 12. LABOR & MATERIAL BOND AND PERFORMANCE & WARRANTY BOND REQUIREMENTS. The successful Bidder shall furnish Agency with a Labor and Material Payment Bond and a Performance and Warranty Bond, each in an amount equal to 100% of the Contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120 and is admitted by the State of California, and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The Agency shall not accept personal sureties and unregistered surety companies. Each bond shall be accompanied, upon the request of Agency, with all documents required by Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to Agency within 10 Working Days from the date the Agency provides the successful Bidder with the Notice of Award. These bonds shall be kept in full force and effect during the course of this Project, and shall extend in full force and effect and be retained by the Agency until they are released as stated in the Contract. The Bonds are to be accompanied by an original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 8of 308 Date Printed: November 15, 2023 Current Update: May 2023 13. SUBSTITUTION OF SECURITY. The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The Agency will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successfu l Bidder, the Agency will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300. 14. OPTIONAL ESCROW FOR SECURITY DEPOSIT. Pursuant to applicable provisions of law (i.e., Public Contract Code Section 10263), appropriate securities may be substituted for any obligation required by these instructions or for any monies withheld by the Agency to ensure performance under the Contract. Public Contract Code Section 10263 requires monies or securities to be deposited w ith the Agency or a state or federally chartered bank in California as the escrow agent. The escrow agent shal l maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. 15. INSURANCE REQUIREMENTS. Before commencing the Work, the successful Bidder shall purchase and maintain insurance as set forth in the Agency General Conditions. If the Bid is accepted, and if requested by the Agency, Contractor shall provide Agency or preferred vendor copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Insurance Code Section 900 et seq. within 10 Calendar Days of the insurer's receipt of a request to submit the statements. In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the Agency the following certificate before performing the Work under the Contract: I am aware of the provisions of Labor Code Section 3700, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Contract. The form of such, Certificate of Insurance {00 45 25}, shall be submitted as a part of the Bid Package. Insurance must be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII, or 2) Appear on the List of Approved Surplus Line Insurers, ("LASLI") with a Best's Key Rating Guide of at least A: X. 3) Are admitted to conduct the business of insurance in the State of California by the Insurance Commissioner. 4) Otherwise comply with all other aspects of City Council Policy No. 70. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 9 of 308 Date Printed: November 15, 2023 Current Update: May 2023 Auto policies offered to meet the specification of this Contract must: 1} Meet the conditions stated above for all insurance companies. 2} Cover any vehicle used in the performance of the Contract, used onsite or offsite, w hether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this Contract must be offered by a company meeting the above standards with the exception that the Best's rating condition may be waived. The Agency does accept policies issued by the State Compensation Fund meeting the req uirement for workers' co mpensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of the insurance shall be included in the Bid price. The award of the Contract by the Board is contingent upon the Contractor submitting the requ ired bonds and insurance, as described in the Contract Documents, within 10 Working Days of bid opening. If the Contractor fails to comply with these requirements, the Agency may award the Contract to the second or third lowest Bidder and the bid security of the lowest Bidder may be forfeited. 16. LICENSING REQUIREMENTS. Pursuant to Business and Professions Code Section 7028.15 and Publ ic Contract Code Section 3300, all Bidders must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate lice nses for each specialty subcontracted. Pursuant to Bu siness and Professions Code Section 7028.5, the Agency shall consider any Bid submitted by a contractor not currently licensed in accordance with California law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the Agency shall reject the Bid. The Agency shall have the right to request, and Bidders shall provide within 10 Calendar Days, evidence satisfactory to the Agency of all valid license(s} currently held by that Bidder and each of the Bidder's Subcontractors, before awarding the Contract. Notwithstanding anything contained in this Contract, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code Section 20103.5. 17. SUBCONTRACTO RS. Bidder shall set forth the name, address of the place of bu siness, and contractor license number of each Subcontractor who will perform work, labor, furnish materials or render services to the bidder on the Contract. This requirement includes each Subcontractor licensed by the State of Ca lifornia who, under su bcontract to Bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one-half of one percent (0.5%} of the total Bid price. Additionally, the Bidder sha ll indicate the portion of the Work to be done by each Subcontractor in accordance with Public Contract Code Section 4104. Bidder shall submit Proposed Subcontractors Form (00 43 30} with t he Bid Package. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 10 of 308 Date Printed: November 15, 2023 Current Update: May 2023 This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the Bid as non-responsive. Any Bid that proposes performance of more than 50 percent of the Work by Subcontractors or performance by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated on the Proposed Subcontractors Form (00 43 30) "Contractor's Bid" will not be included in computing the percentage of work proposed to be performed by the Bidder. Suppliers of materials from sources outside the limits of Work are not Subcontractors. The value of materials and transport of materials from sources outside the limits of Work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor, as the case may be, that the Bidder proposes as installer of the materials. The value of material incorporated in any Subcontractor-installed Bid item that is supplied by the Bidder shall be included as a pa rt of the Work that the Bidder proposes to be performed by the Subcontractor installing the item. When the Bidder proposes to use a Subcontractor to construct or install less than 100 percent of a Bid item, the Bidder shall attach an explanation sheet to the Proposed Subcontractor Form {00 43 30). The explanation sheet shall clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the Work with its own forces. Determination of the subco ntract amounts for purposes of award of the Contract shall be determined by the Board in conformance with the provisions of the Contract Documents. The decision of the Board shall be final. Contractor is prohibited from performing any Work on this Project with a Subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Section 1771.1 or 1777.7. Bidders shall make copies of the disclosure forms as may be necessary to provide the required information to Subcontractors. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. 18. BIDDER INFORMATION AND EXPERIENCE FORM. Each Bidder shall complete the provided questionnaire and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the Bid to be rejected as non-responsive. The Agency may reject any Bid if an investigation of the information submitted does not satisfy the Agency that the Bidder is qualified to properly carry out the terms of the Contract. The Bidder shall submit Bidder Information and Experience Form (00 43 40) with the Bid Package. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 11 of 308 Date Printed: November 15, 2023 Current Update: May 2023 19. NON-COLLUSION AFFIDAVIT. Bidders on all public works contracts are required to submit an affidavit of non-col lusion with their Bid. This form (00 45 10 Non-Collusion Affidavit) is included with the Bid Package and must be signed and dated under penalty of perjury. 20. IRAN CONTRACTING ACT OF 2010. In accordance with Public Contract Code Section 2200 et seq., the Agency requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the Agency with respect to goods or services of $1,000,000 or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Pub lic Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with the Bid Package and must be signed and dated under penalty of perjury. 21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION. Pursuant to Labor Code Section 1773, the Agency has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Diego County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this Contract. A copy of these prevailing wage rates may be obtained via the internet at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages is available at the Agency and shall be made available to interested parties upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any Subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded the Contract, the Bidder and its Subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under the Contract and applicable law in its Bid. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 12 of 308 Date Printed: November 15, 2023 Current Update: May 2023 To this end, Bidder sha ll sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained in the registration certificate. Failure to submit this certificate may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each list ed Subcontractor in the space provided in the Proposed Subcontractors Form (00 43 30). 22. PREVAILING WAGES. Pursuant to Labor Code Sections 1720, et. seq. and 1770, et. seq., Contractor shall pay prevailing wages for all Work performed under the Contract. The Agency has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which the Work will be performed for eac h craft or type of worker needed to execute the Contract. These rates are available at the Agency or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job sit e(s). 23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS. In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Section 1777.1 or 1777.7. Any contract on a public works project executed between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a deba rred subcontractor by the Contractor for the Project shall be returned to the Agency. The Contractor shall be responsi ble for the payment of wages to workers of a debarred Subcontractor who has been allowed to work on the Project. Th e Agency may disqualify a Contractor or Subcontractor from participating in bidding when a Contractor or Subcontractor has been debarred by the Agency or another jurisdiction in the State of California as an irresponsible bidder. 24. SIGN ING OF BIDS. All Bids submitted shall be executed by the Bidder or it s authorized represe ntative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to su bmit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shal l execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations that the Bidder assumes under the Bid and under any Contract 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 13 of 308 Date Printed: November 15, 2023 Current Update: May 2023 arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 25. SUBMISSION OF SEALED BIDS. Once the Bid and supporting documents have been completed and signed as set forth in these Instructions to Bidders, they shall be uploaded, along with other required materials, to the on line bidding portal before the deadline for submitting bids. At the time of Bid submission, whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the Agency, Bidders must upload an electronic Portable Document Format (PDF} copy of the Bid Guarantee to the on line bidding portal. Th e first 3 apparent low Bidders must provide the Agency with the original Bid Guarantee within 2 Business Days after the Bid opening date. Failure to submit the electronic version of the Bid Guarantee at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Failure to provide the original within 2 business days may deem the bidder non-responsive. Original Bid Bond shall be submitted to: Public Works Contract Administration Attention: Janean Hawney, Contract Administrator 1635 Faraday Avenue Carlsbad, Ca lifornia, 92008 No oral or telephonic Bids will be considered. Pursuant to Public Contract Code Sections 1600 and 1601, only where expressly permitted in these Instructions to Bidders and the Notice Inviting Bids may Bidders submit their Bids via electronic transm ission (the online bidding portal}. Bids received aft er the Bid Submission Deadline will not be accepted. Agency may reject any Bid not strictly complying with Agency's designated methods for delivery. 26. OPENING OF BIDS. Bids submitted on the online bidding portal will be reviewed by the Agency. Once the Bid Submission Deadline has passed, Bidders, proposers, the general public, and Agency staff are able to immediately see the results online. Agency shall consider award of the Contract to the lowest, responsive, responsible Bidder as determined by the Agency consistent with Section 32 below. In case of a discrepancy between the line item entries submitted in the online bidding portal and the Bid Form, the on line bidding portal shall prevail. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Bid Fo rm. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Price Proposal Form. Also, the sum of all lump sum line items will govern over the "Total Proposed Lump Sum Price" line item. Th e Agency may reject any or all Bid s or waive any irregu larities or informalities in any Bids or in the Bidding process. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 14 of 308 Date Printed: November 15, 2023 Current Update: May 2023 The Bid and the terms of the Contract Documents constitute an irrevocable offer that shall remain valid and in full force for a period of 90 Calendar Days from the Bid Submission Deadline and such additional time as may be mutually agreed upon by the Agency and the Bidder. 27. WITHDRAWAL OF BID. Any Bid may be withdrawn via written letter, incurring no pena lty, at any time before the scheduled closing time for receipt of Bids. Requests to withdraw Bids shall be worded to not reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the Bid Submission Deadline, provided that resubmitted Bids are in conformance with these Instructions to Bidders. Bids may be withdrawn after bid opening only by providing written notice to Agency within five {5) Working Days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the Agency. 28. BIDDERS INTERESTED IN MORE THAN ONE BID. No Bidder shall be allowed to make, file or be interested in more than 1 Bid for the same work unless alternate Bids are specifically called for. If the Notice Inviting Bids provides for alternate Bids, a person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not disqualified from submitting a sub-proposal or quoting prices to other Bidders. No person, firm, corporation, or other entity may submit a sub- proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project. 29. SALES AND OTHER APPLICABLE TAXES, PERM ITS, LICENSES, AND FEES. Contractor and its Subcontractors performing work under the Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. 30. PERM IT AND INSPECTION FEE ALLOWANCE. Notwithstanding anything contained in these Instructions to Bidders, the Bid Form contains an allowance for the Contractor's cost of acquiring traffic cont rol permits and for construction inspection fees that may be charged to the Contractor by the Agency. The allowance is included within the Bid Form to eliminate the need by Bidders to research or estimate the costs of traffic control permits and construction inspection fees before submitting a Bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the Agency. No other costs payable by Contractor to the Agency are included within the allowance. If such cost is not contained or specified in the Bid Form, the Contractor shall include the costs in the other Bid items on the Bid Form. 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page lS of 308 Date Printed: November 15, 2023 Current Update: May 2023 31.BASIS OF AWARD; BALANCED BID. The Agency shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the total Bid price. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Price Proposal Form. Also, the sum of all lump sum line items will govern over the "Total Proposed Lump Sum Price" line item. The Agency may reject any Bid which, in its opinion when compared to other Bids received or to the Agency's internal estimates, does not accurately reflect the cost to perform the Work. The Agency may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to 1 or more particular Bid items or otherwise violates Public Contract Code Section 9203. 32.AWARD PROCESS. Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Board may award the Contract. Once notified by Agency staff, the apparent successful Bidder should begin to prepare the following documents: (1) the Labor and Materials Bond; (2) the Performance and Warranty Bond; and (3) the required insurance certificates and endorsements. Once the Agency notifies the Bidder of the award, the Bidder will have 10 Working Days from the date of this notification to execute the Contract and supply the Agency with all of the required documents and certifications or the Bidder may forfeit the Bid security and the Agency may pursue award of the Contract to the next lowest, responsive, responsible Bidder. Once the Agency receives all properly drafted and executed documents and certifications from the Bidder, the Agency shall issue a Notice to Proceed to that Bidder. 33.EXECUTION OF CONTRACT. As required in these Instructions to Bidders, the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The Agency may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached. 34.BUSINESS LICENSE The prime Contractor and all Subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the Contract. 35.PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES. The Agency encourages the participation of minority and women-owned businesses. 36.USE OF RECYCLED MATERIALS The Agency encourages Bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Agency's Engineer. 00 21 10 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 16 of 308 Date Printed: November 15, 2023 Current Update: May 2023 37. STATUTORY REFERENCES All references in these Instructions to Bidders (00 2110) to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented or replaced from time to time by the corresponding legislative or regulatory body. END OF SECTION 00 2110 INSTRUCTIONS TO BIDDERS Document Version: 1.0 Page 17 of 308 Date Printed: November 15, 2023 Current Update: May 2023 00 41 00 BID FORM NAME OF PROJECT: Calavera Hills Community Center Refurbishment CONTRACT NO.: PWS24-2283FAC NAME OF BIDDER: Conan Construction, Inc. AGENCY: City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 The undersigned declares that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all Plans, Specifications, and Addenda, if any, for the above-mentioned Project. The undersigned has acknowledged receipt, understanding, and full consideration of ANY and ALL Addenda to the Contract Documents via the online bidding portal. We propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE. □Attached is the required Bid Bond (00 43 10) or Bid Security (00 43 20) in the amount of not less than 10% of the Total Bid Price.□Attached is the completed Proposed Subcontractors form (00 43 30).□Attached is the completed Bidder Information and Experience form (00 45 40)□Attached is the fully executed Non-collusion Affidavit (00 45 10).□Attached is the completed Iran Contracting Act Certification form (00 45 15).□Attached is the completed Public Works Contractor Registration Certification form (00 45 20).□Attached is the completed Certificate of Insurance form (00 45 25).□Attached is the Statement of Regarding Debarment form (00 45 30)□Attached is the Disclosure of Discipline Record (00 45 35)□Attached is the Optional Escrow Agreement (if applicable) (00 61 30) 00 4110 BID FORM Document Version: 1.0 Page 18 of 308 Date Printed: October 3, 2023 Current Update: May 2023 1.BID SCHEDULE Section A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 00 4110 BID FORM Document Version: 1.0 Item Description Mobilization (See Contract Section 7-3.4) General Provisions Division 1; General Requirements Division 2; Existing Conditions Division 7; Thermal and Moisture Protection Division 9; Finishes Division 11; Equipment Punchlist Completion 25-year and 30- year City Roof Warranty and Maintenance Forms Per Attachment C (City Form), for three roof types Units Quantity LS N/A LS N/A LS N/A LS N/A LS N/A LS N/A LS N/A LS N/A LS N/A Page 19 of 308 Unit Value Total Value N/A $20,000.00 N/A $75,000.00 N/A $110,000.00 N/A $56,250.00 N/A $837,150.00 N/A $55,600.00 N/A $30,000.00 N/A $15,000 N/A $10,000 Date Printed: October 3, 2023 Current Update: May 2023 Section Item Description Units Quantity Unit Value Total Value A-10 Allowance for SF 900 7.50 $6,750.00 square feet of roof sheathing that requires replacement, with all associated work to access and replace with new materials for construction to restore completed roof construction should replacement be required A-11 Allowance for Each 4 500 $2,000.00 percentage of roof drains that requires replacement, with all associated work to access and replace with new materials for construction The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the Agency makes no representation that the actual quantities of Work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of Work performed based upon the Unit Price. DO 41 10 BID FORM Document Version: 1.0 Page 20 of 308 Date Printed: October 3, 2023 Current Update: May 2023 2.TOTAL BID PRICE The TOTAL BID PRICE on Bid Schedule total of Unit Prices: Total Bid Price in Numbers: _...:..$..;_1,:.;;;;2;..;,1..;_7.!.,;, 7--=5--=0..;_.0;;..;0;...._ _____________ _ Total Bid Price in Written Form: One Million, Two Hundred Seventeen Thousand Seven Hundred Fifty Dollars. In case of discrepancy between the written price, the numerical price, or the price as submitted via the online bidding portal, the online bidding portal price shall prevail. The undersigned agrees that this Bid Form constitutes a firm offer to the Agency which cannot be withdrawn for ninety (90) Calendar Days from and after the Bid opening, or until a Contract for the Work is fully executed by the Agency and the lowest responsible Bidder, whichever is later. The Undersigned has carefully checked all the above figures and understands that the Agency will not be responsible for any error or omission on the part of the Undersigned in preparing this Bid. 3.RECITALS The successful Bidder agrees to sign the Contract and furnish the necessary bonds and certificates of insurance within 10 Working Days after the Agency issues the Notice of Award to the successful Bidder. The Undersigned agrees that in case of failure to execute the required Contract with necessary bonds and insurance policies within this time period, the Agency may pursue awarding the Contract to the next lowest responsible Bidder and the Bid Security of the lowest Bidder may be forfeited. Upon receipt of the signed Contract and other required documents, the Agency will proceed to execute the Contract and issue a purchase order and the Notice to Proceed. The time of completion shall commence on the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within 10 Working Days of the date of the Notice to Proceed, unless otherwise specified. The Undersigned is aware of the provisions of Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the Work of this Contract and continue to comply until the Contract is complete. The Undersigned is aware of the provisions of Labor Code Section 1770 et 00 4110 BID FORM Document Version: 1.0 Page 21 of 308 Date Printed: October 3, 2023 Current Update: May 2023 seq. relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. The Undersigned Bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California and that this statement is true and correct and has the legal effect of an affidavit. The following are the Bidder's applicable license number(s), with their expiration date(s) and class of license(s): 761852 - B & CS If the Bidder is a joint venture, each member of the joint venture must include the required licensing information. A Bid submitted to the Agency by a Contractor who is not licensed as a Contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the Agency. In all contracts where federal funds are involved, no Bid submitted shall be invalidated by the failure of the Bidder to be licensed in accordance with California law. However, at the time the Contract is awarded, the Contractor shall be properly licensed. The Undersigned Bidder represents as follows: 1. That no elected or appointed official, officer, agent, or employee of the Agency is personally interested, directly or indirectly, in this Contract, or the compensation to be paid under it; that no representation, oral or in writing, of the Agency, its officers, agents, or employees has induced Bidder to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part of this Contract by its terms; and 2. That this Bid is made without connection with any person, firm, or corporation making a Bid for the same Work, and is in all respects fair and without collusion or fraud. Accompanying this Bid is Bidder's Bond (Cash, Certified Check, Bidder's Bond or Cashier's Check) for 10% of the amount Bid, payable to Agency as Bid Security and which is given as a guarantee that the undersigned will enter into a Contract and provide the necessary bonds and certificates of insurance if awarded the Contract. Organized under the laws of the State of _C_a_li_fo_rn_ia _______ _ □ an individual □ a partnership )( a corporation 00 4110 BID FORM Document Version: 1.0 Page 2 2 of 308 Date Printed: October 3, 2023 Current Update: May 2023 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct. 1 Name under which business is conducted 2 Signature (given and surname) of proprietor Printed/Typed Name 3 Place of Business (Full Address: street, number, city, state, zip) 4 Telephone Number 5 Email NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED OD 4110 BID FORM Document Version: 10 Page 23 of 308 Date Printed: October 3, 2023 Current Update: May 2023 IF A PARTNERSHIP, SIGN HERE: I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct. 1 Name under which business is conducted 2 Signature (given and surname and role) (Note: Signature must be made by a general partner) Printed/Typed Name 3 Place of Business (Full Address: street, number, city, state, zip) 4 Telephone Number 5 Email N/A NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 00 41 10 BID FORM Document Version: 1.0 Page 24 of 308 Date Printed: October 3, 2023 Current Update: May 2023 IF A CORPORATION, SIGN HERE: I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct. 1 Name under which business is conducted 2 Signature (given and surname and Title) (Note: Signature must be made by a someone who can bind the corporation) Printed/Typed Name 3 Place of Business Conan Construction, Inc. ~~ Shannon Maurer SEE ATTACI IED CALIFORNIA NOTARY CERTIFICATE (Full Address: street, 2870 Whiptail Loop East, Suite 225 number, city, state, zip) _C_a_rl_sb_a_d...:..., _C_A_9_2_0_1_0 ____________ _ 4 Telephone Number _7_6_0_-5_1_2_-1_1_8_8 ________________ _ s Email smaurer@conanconstruction.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 00 4110 BID FORM Document Version: 1.0 Page 25 of 308 Date Printed: October 3, 2023 Current Update: May 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Nov )q IO ~s before me Julie A. Vera-Miller, Notary Public date / ' M Here Insert Name and Title of the Officer personally appeared _S_h_;__;:tt_t...:...I '-""-"-~-'-n-'---'--------a---'---'-tA.,_..__r _;:e:....;r _______________ _ Place Notary Seal Above Name(s) of Signer(s) Julie A. Vera-Miller, Notary Public Commission Expires: January 31, 2027 ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an uninte_qded document. A Description of Attached Document ,I ·If (_In' {rat,f-:kiSJt/ -::l)l'J ,=-£,, c_b ·1, Hie o, Type ofDocument C" ~ v' e, « It, I I ,; C,, "' ,i, « d , 1' C-e,,,. +,., R-e u r '< ""~ -f Document Date: Nov J l-0)2 . umber of Pages: p )~bo7l Signer(s) Other Than Named Above: :Nf']NF fc. /, h K q , 4 {(a S Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited eral 0 Individual D Trustee rney in Fact Guardian or Conservator D 0th • _____________ _ Si Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited D General □ Individual D Attorney in Fae an or Conservator ©2016 National Notary Association · www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 IF A CORPORATION, SIGN HERE: I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct. 1 Name under which business is conducted 2 Signature (given and surname and Title) (Note: Signature must be made by a someone who can bind the corporation) Printed/Typed Name 3 Place of Business Conan Construction, Inc. Pelin Karakas SEE ATTACHED CALIFORNIA NOTARY CERTIFICATE (Full Address: street, 2870 Whiptail Loop East, Suite 225 number, city, state, zip) _C_a_rl_sb_a_d_,_C_A_92_0_1_0 _____________ _ 4 Telephone Number _7_6_0_-5_1_2_-1_1_8_8 ________________ _ s Email pkarakas@conanconstruction.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 00 4110 BID FORM Document Version: 1.0 Page 25 of 308 Date Printed: October 3, 2023 Current Update: May 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Coun~ of San Diego On /JI O V J~ ':J ~) 3 before me, Julie A. Vera-Miller, Notary Public Date £) / , V Here Insert Name and Title of the Officer personally appeared V-e • t) f\t\ 1 ~ l( tt _::, Name(s) of Signer(s) _______ _ ---- who proved to me on the basis of sat isfactory evidence to be the persori(srwhose name(ar~ subscribed to the within instrument and acknowled~d to me that ~/they executed the same in 1'TTS/@ /their authorized capacit~, and that by fli-s-/lJ.§1;/their signature(s) on the instrument the persor$t; 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. Place Notary Seal Above Julie A. Vera-Miller, Notary Public Commission Expires: January 31 , 2027 ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended doc~1=-A C.. Description of Attached Docum1=3nt Ctrl /:r'a? f-Pw S.)t../ -7)>-IJ r J I -I- Title or Type of Document: ale.. Ve,~ JI, tt t. ; c~-4,,,,-1<-e-f1.,t,t" 'l/!h ,,,~, Document Date: ) V ~--'-:J_.._.,_.,~ol-- Signer(s) Other Than _._NANP.,._,...,,_,._.__ __ ---=:.-=-::.:='-''--'-'--':...;__-...L.....J'-""--'"-'---'--=---------- Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact □ Trustee □ ?rdian or Conservator □Other:-~ ... ~"------------------ Signer ~esenting: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): --==------□ Partner -□ Limited JJ.-Ger?erai" □ Individual :ttorney in Fact □ Trustee □ Guardian or Conservator □ Other,~:,.... _____________ _ ©2016 National Notary Association• www.National Notary.org • 1-800-US NOTARY (1-800-876-6827} Item #5907 List below names of president, vice president, CFO, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Shannon Maurer Pelin Karakas President, CEO, Secretary, Director Vice President, CFO, Director Approved as to form this _9_th _______ day of November END OF SECTION 00 4 J 10 BID FORM Document Version· l O Cory P. DiBene -Finch, Thornton & Baird, LLP Attorneys at Law Attorney for Agency Page 26 of 308 Date Printed October 3, 2023 Current Update: May 202 3 00 43 10 BID BOND FORM (Note: This form is not required when other form of Bidder's Security, e.g. cash, certified check or cashier's check, accompanies Bid. In that case, use form 00 43 20 Bid Security) NAME OF PROJECT: Calavera Hills Community Center Refurbishment CONTRACT NO.: PWS24-2283FAC NAME OF BIDDER: Conan Construction, Inc. The makers of this bond are, Conan Construction, Inc. as Principal, and Developers Surety and Indemnity Company , as Surety and are held and firmly bound unto the City of Carlsbad ("Agency") in the penal sum of 10% OF THE TOTAL BID PRICE of the Principal submitted to the Agency for the Work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated November 9, 2023 If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal provides all required documents to the Agency and is awarded the Contract; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety waives notice of any such changes . In the event a lawsuit is brought upon this bond by the Agency and judgment is recovered, the Surety shall pay all litigation expenses incurred by the Agency in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses. Ill Ill Ill Ill Ill 00 43 10 BIO BONO FORM Document Version: 1.0 Page 27 of 308 Date Printed: October 3, 2023 Current Update: May 2023 .. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 8th day of November 20 23 , the name and corporate seal of each corporation. PRINCIPAL: Conan Construction, Inc. (Name of Principal) By: 4r (signh# (Print name here) (Title and Organization of Signatory) Required Attachments: Executed by SURETY this 8th day of November , 202.l_ SURETY: Developers Surety and Indemnity Company (name of Surety) 800 Superior Avenue E., 21st Floor Cleveland, OH 441 14 (address of Surety) 949-271-7469 (telephone number of Surety) (signature of Attorney-in-Fact) Cyndi Beilman, Attorney-in-Fact (printed name of Attorney-in-Fact) □ Corporate resolution showing current power of attorney. □ Proper execution by PRINCIPAL. □ Proper notarial acknowledgment of execution by SURETY. □ President or vice-president and CFO, secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation. END OF SECTION 00 43 10 BID BOND FORM Document Version: 1.0 Page 28 of 308 Date Printed: October 3, 2023 Current Update: May 2023 POWER OFATTORNF.Y FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor. New York, NY 10038 (2 12) 220-7120 KNOW ALL BY THESE PRESENTS tliat, except as expressly limited herein. COREPOINTE JNSlJRANCE COMPANY and DEVELOPERS SURETY ANIJ INDEMNITY COMPANY, do hereby muke, constitute and appoint: _Cyn=_d_l _B.::.el.::.lm __ a ___ n...:,_R_e_be_c_ca_J_a_m_e_s_a_n_d_R_l_le.:..y_S_h_o_en _____________________ , of La Mesa, CA as its true and lawful Attorney-in-Fact, to make. execute. deliver and acknowledge, for and on behnlfof said companies, as sureties, bonds, undertakings and contrncts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perfonn every act necessary, requisite or proper to be done in 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 Attorney-in-Fact, pursuant to these presents, arc hereby ratified and confirmed. This Power of Attorney is effective June 1, 2023 and shall expire on December 3 I, 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 (collectively, "Company") on February 10, 2023. RESOLVED. that Sam Zaza President Surety Underwriting. James Bell Vice !'resident Surety Underwriting. and Craig Dawson Exl-cutive Underwriter Surety. each an employee of AmTrust North America, Inc .. an affiliate of the Company (the "Authorized Signors"), arc hereby authorized to execute a Power of Attorney, qL1alifying attorney(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company. bonds, undertakings and contracts of suretyship. or other SLorctyship obligations: and that the Secretary or any Assistant Secretary of the Company be. and each of them hereby is. authorized 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 atlixed to any such Power of Attorney. and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and bind111g upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNl"TY COMPANY have C'Juscd d1ese presents to be signed by the Authorized Sig,10r and attested by their Secretary or Assistant Secretary this March 27 2023 :,red N,6fiJi!5= Title: Presidenh 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. STA TE OF .aCc:;a::..:li.:.:foc:.m:.::i:::.a ________ _ COUNTY OF ..:O::.:rc=an:.:,g:,:c'--------- On this n_ day of March , 2011_. before me. Hoang•Qwen Phu Pham , personally appeared -"S"'am.:..:...:cZe::az:eca,,_ _______ _ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within U1e instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted. executed this instrument. I certify, under penalty of perjury. under the laws of the State of ..:C,a;'a,,,l.!.!if:,:.or,.,_n:!'ia,.._ ________ that the foregoing paragraph is true and correct WITNESS my hand and official seal. CORPORATE CERTIFICATION f ............ ,a HOAWG-QUYEN P. PHAM : Noury Public. Cillfornli : i Orante County ! Commission I 2432970 � My Comm. Expires Dec 31, 2026 t 'Inc undersigned. the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, docs hereby certify that the provisions of the resolutions of the respective Boards of Direclors of said corporations set forth in this Pm.er of Attorney are in force as of the date of this Certification. l11is Certi ficution is executed in the City of Cleveland. Ohio. this March 19, 2023. G�ustgned by; By: +-�-h"'-,mu.+f-�W4---ll&i.u.�-S( �� -----­sBe.11sbAOES48C ... Barry W. Moses. Ass1slant Secretary DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C 1 E455E6530F Signed and sealed this 8th day of November, 2023 POA No. _N_/_A ___ _ Ed. 0323 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego } On November 8, 2023 before me, Pam Davis , Notary Public, ------~-----------------------Date Insert Name of Notary exactly as it appears on the official seal personally appeared ____ C~y~n_d_i_B_e_ilm_a_n ________________________ _ Name(s) of Signer(s) I@ PAM DAVIS I : _.. COMM. #23!59823 U , NOTARY l'IJ8UC-<:AUF<lRNIA ~ ~ SAN DIEGO COUNTY _. I My CommNlon Exp!,... I JUNE 11 ffl5 Place Notary Seal Above 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 h~ official seal. Signature ~ Signature of Notary Public OPTIONAL Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: ------------------------------- Document Date: ___________________ • Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual □ Corporate Officer -Title(s): ________ _ D Partner D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: ______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 1... CALIFORNIA ' , DEPARTMENT OF niSURAl~CE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Li nes of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative I n Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service SARAH CLEMENS DEVELOPERS SURETY AND INDEMNITY COMPANY P.O. BOX 19725 IRVINE, CA 92623-9725 Effective Date 5901 W. Century Blvd #750 Los Angeles CA 90045 Reference Information NAIC #: 12718 California Company ID #: 4606-0 Date Authorized in California: 08/30/1999 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA back to top NAIC Group List NAIC Group #: 2538 AmTrust Financial Serv Grp Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS back to top © 2008 California Department of Insurance SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION 00 43 20 BID SECURITY (Note: This form is required when cash, certified check or cashier's check, accompa Bid Bond is being provided, use form 00 43 10 Bid Bond) NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: _______________ _ Accompanying this proposal is a Certified / Cashier's check paya e to the order of the City of Carlsbad ("Agency"), in the sum of __________ _..,_ __________ _ dollars ($ _________ ), this amount being 10% of e total amount of the Bid. The proceeds of this check shall become the property of the Ag9' cy, provided this proposal shall be accepted by the Agency through action of its legally con5Jituted contracting authorities and the Undersigned shall fail to execute a Contract and furni�h y,e required Performance, Warranty and Payment Bonds and proof of insurance coverage withj_�he stipulated time; otherwise, the check shall be returned to the Undersigned. The proceed�f this check shall also become the property of the Agency if the Undersigned shall withdraw �is or her Bid within the period of 15 Calendar Days after the date set for the opening of tJe Bid, unless otherwise required by law, and notwithstanding the award of the Contract to not her Bidder. Required Attachments: □Certified Check or Cashier' I END OF SECTION / I 00 43 20 BID SECURl1Y Document Version: 1.0 , Page 29 of 308 BIDDER Date Printed: November 15, 2023 Current Update: May 2023 00 43 30 PROPOSED SUBCONTRACTORS FORM NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Conan Construction, Inc. In compliance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.), Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number, and (d) the portion of the Work which will be done by each Subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the Work or improvement to be performed under this Contract in an amount in excess of one­ half of one percent (0.5%) of the Bidder's Total Bid Price. Notwithstanding the foregoing, if the Work involves the construction of streets and highways, then the Bidder shall list each Subcontractor who will perform work or labor or render service to the Bidder in or about the Work in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. If a Bidder fails to specify a Subcontractor or if a Contractor specifies more than one Subcontractor for the same portion of Work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of Work and that it shall perform that portion itself. No changes in the Subcontractor's listed Work will be made without the prior approval of the Agency. 00 43 30 PROPOSED SUBCONTRACTORS FORM Document Version: 1.0 Page 30 of 308 Date Printed: October 3, 2023 Current Update: May 2023 Name of Location of CSLB DIR Type of Work %of Amount of Subcontractor Business Contractor Registration to be done by Work Work by License No./ Exp. Subcontractor Subcontractor No./ Exp Date in Dollars* Date CalRoof El Cajon, 1066575 1000573623 Roofing 23% $272,320.00 CA 92020 07/31/2024 6/30/2025 Buxcon Santee, 831448 1000000401 Metal Roof 26% $307,840.00 Sheet Metal, CA 92071 01/31/2024 6/30/2025 Inc. Pursuant to Public Contract Code Section 4104, subdivision (a)(3)(A), receipt of the information preceded by an asterisk(*) may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." END OF SECTION 00 43 30 PROPOSED SUBCONTRACTORS FORM Document Version: 1.0 Page 31 of 308 Date Printed: October 3, 2023 Current Update: May 2023 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM NAME OF PROJECT: Calavera Hills Community Center Refurbishment CONTRACT NO.: PWS24-2283FAC NAME OF BIDDER: Conan Construction, Inc. 1.INFORMATION ABOUT BIDDER (Indicate not applicable ("N/A") where appropriate.) NOTE: Where Bidder is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture. 1.Type, if Entity: _c_o_r _p_or_a_ti_o_n ______________ _ 2.Bidder Address: 2870 Whiptail Loop East, Suite 225, Carlsbad, CA 92010 a.Facsimile Number _N_/_A ________ _ b.Telephone Number 760-512-1188 c.Email Address smaurer@conanconstruction.com 3.How many years has Bidder's organization been in business as a contractor? _2_5 __4.How many years has Bidder's organization been in business under its present name? _2 _5 __ a.Under what other or former names has Bidder's organization operated? N/A 5.If Bidder's organization is a corporation, answer the following: a.Date of Incorporation: April 30, 1998 b.State of Incorporation: California c.President's Name:Shannon Maurer d.Vice-President's Name(s): Pelin Karakas e.Secretary's Name: Shannon Maurer f.Treasurer's Name: Shannon Maurer g.CFO's Name: Pelin Karakas 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 32 of 308 Date Printed: October 3, 2023 Current Update: May 2023 6.If an individual or a partnership, answer the following: a.Date of Organization: _N.;../A_;_ ____________ _ b.Name and address of all partners (state whether general or limited partnership):NIA 7.If other than a corporation or partnership, describe organization and name principals:N/A 8.list other states in which Bidder's organization is legally qualified to do business. NIA 9.What type of work does the Bidder normally perform with its own forces? Concrete and Rough Carpentry 10.Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:N/A 11.Within the last 5 years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:NIA 12.List Trade References: Name Company Phone Number Drew Ralston Robinson Electric 619-697 -6040 Tony Geist MechOne 760-260-8121 Amerivet Contracting Drew Simpson 858-232-0809 13.List Bank References (Bank and Branch Address): American Business Bank/ 2030 Main Street Suite 250, Irvine, CA 92614 14.Name of Bonding Company and Name and Address of Agent: Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. / Cyndi Beilman 5360 Jackson Drive Suite 208, La Mesa, CA 91942 0043 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 33 of 308 Date Printed: October 3, 2023 Current Update: May 2023 2.LIST OF CURRENT PROJECTS (BACKLOG) [**Duplicate or attach additional pages if needed for listing current projects.**] Project Name Description of Bidder's Work Sub or Prime? Grossmont Kitchen Finishes, Roofing, Flooring and Weight Room Prime City of Encinitas Pacific View Site Rehabilitate existing school site Prime Southwestern Install 1 press box and 1 ground-level College Baseball & restroom portable with new utilities, Softball Remodel retaining wall, accessible path, Prime and hardscape for usability. Helix Kitchen Demolish Building 1600, clear areas, & Academic Support construct new Building No. 1600 for food service and academic support. Prime Includes prep, storage, offices, walkway. Maxwell Construction of new 15,525 sq ft Transportation transporation building with wash Center areas and associated site work. Prime Early Childhood Construct new TK facili� with 16classrooms, admin buil ing, library, Education Center MPR. parking. solar panels, drop-off, and playgrounds. Modular construction, Prime stockpiled units used for classrooms. 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: LO Page 34 of 308 Client Name Grossmont Union High School District City of Encinitas South western College Grossmont Union High School District Chula Vista Elementary School District Lemon Grove School District Completion Cost of Date Bidder's Work 12/22/2023 $3,042,000.00 8/30/2024 $5,000,000.00 11/24/2023 $1,999,800.00 3/24/2024 $2,274,000.00 7/5/2024 $13,317,000.00 11/7/2024 $15,600,000.00 Date Printed: October 3, 2023 Current Update: May 2023 LIST OF COMPLETED PROJECTS (LAST 3 YEARS) (**Duplicate or attach additional pages if needed for listing completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work. Project Name Description of Bidder's Work Sub or Prime? OD 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 35 of 308 Client Name Completion Cost of Date Bidder's Work Date Printed: October 3, 2023 Current Update: May 202 3 Project Name Project Description Owner Contract Completion Original Contract Amount Column3 Columns Column6 Columnl7 Column20 Altitude Trampoline Park Complete interior remodel of Trampoline Park Grandview Ventures LLC 12/11/2021 $841,485.00 New construction consisting of new 18,850 sf energy Grossmont Union High School 6/19/2020 $2,683,000.00 efficient, multi-use facility including an event center, District/ Balfour Beatty 350-seat theatre, Digital music classroom, actor backstage dressing room, concession stand and theatre box office. Type 118 construction, sprinklered Monte Vista Event Center/ Student Services Building building, 50'-0" total height. In addition, project included new administrative offices, conference rooms, elevator, man lift, landscaping, ADA pathways and parking lot. THE PROJECT CONSISTS OF: THE CONSTRUCTION OF Grossmont Union High School 9/17/2020 $367,000.00 THE EVENT CENTER; BUILDINGS "A", "B" AND "C", SITE District/ 1100 Murray Dr, El Cajon, Grossmont High School Event Center, Openings Package STAIRS, RAMPS, HARDSCAPE AND LANDSCAPE. DEMOLITION OF RAMP, HARDSCAPE, LANDSCAPE SITE CA 92020 UTILITIES AND GRADING. Renovation of 12,000 sf classroom facilities including MiraCosta Community College 1/21/2020 $2,544,000.00 new HVAC, electrical, plumbing systems, roofing, District MiraCosta San Elijo 8500 Modernization interior finishes, AV system, Access Control, Security System, exterior sidewalks and ADA upgrades. Building and ADA improvements including all Grossmont Cumayaca Community 2/4/2020 $899,163.00 Grossmont Cumayaca College Modular Classrooms associated site and utility requirements for new College District portable buildings. Project included demolition and renovation of the Vista Unified School District 4/27/2020 $877,000.00 existing demonstration kitchen and included new kitchen equipment and upgrades to ADA restrooms, Vista Unified Adult School Demonstration Kitchen MEP and structural. Project includes Exterior Facelift with new metal Solar Turbines Inc 10/26/2020 $4,274,000.00 panels, expansion of lobby, replacement of west fa~ade to be replaced with bullet resistant glass and curtain wall system. New bathrooms, pantry, office Solar Turbines Lobby Remodel spaces, reception area and structural framing. 24,600 sf Tl project.Site Improvements includes demo and removal of existing pavement, new improvements to plantings, seat walls, ADA parking. This school of the Arts ground up installation is a one Cajon Valley Union School District 7/31/2020 $2,717,000.00 story, 10,250 sf permanent modular classroom building with restrooms. Along with classroom builds, the large-site project included construction of two asphalt playgrounds, ADA improvements, site utilities, Flying Hills Elementary School • Modular Classroom Building Installation and domestic, fire, water, and waste infrastructure. On-site coordination of play equipment relocation, fire access lane, and path of travel were addressed during the construction process within the maintenance of the project's safety plan. La Costa Canyon High School's Culinary Arts Classroom San Dieguito Union High School 9/11/2020 $1,092,000.00 addition was a Conan project with high technology District elements and design. The renovation, reconfiguration and addition to an existing culinary arts classroom included eight learning stations, one teacher station, office, storage, 4 TV monitors and cameras for teacher La Costa Canyon High School Culinary Arts Classroom observation. Outdoor shade structures, natural vine green screen, chairs and benches surround the custom built local organic vegetable garden. Students can now grow and prepare their own produce on site. Project consists of building brand new 5 cottages to City of San Diego/ New 5/26/2020 $4,039,657.00 house 9 different countries that host cultural events in International Cottages Committee Balboa Park. Project was built in a very busy park with all the logistical and access challenges. Scope not only International Cottages at Balboa Park includes the buildings with basement floors that required extensive shoring, but also includes utilities that feed the new buildings, ADA pathways, courtyards and landscaping. Provide new 870 SF Prefabricated unit for a machine UCSD Facilities Management 8/26/2020 $347,000.00 shop and multipurpose room with 344 sqft storage mezzanine within the existing hydraulic lab on Scripps UCSD Hydraulics Lab Renovation Institute of Oceanography campus. Improvements include large existing trench to be filled and capped with concrete deck, a door and window to be infilled Provide repair to the damaged steel stair with repair UCSD Facilities Management 2/1/2021 $130,287.00 and replacement of the steel stringers. Also, UCSD Warren Lecture Hall replacement of the steel and concrete treads and landing with precast concrete treads and landing planks. Demolition of existing modular classroom building and San Diego Unified School District 9/28/2020 $429,000.00 install new modular classroom buildings. Project included site ADA upgrades and correction of all Empower at Twain Main HS accessibility issues. Site scope not only included excavation and creating building pads but also installation of all underground utilities. 3840 sf Accessibility improvements at McGill and Mandler Hall UCSD Facilities Management 7/28/2021 $894,000.00 on Muir Campus at the University of California San Diego. Bring restrooms in to compliance with the Americans with Disabilities Act (ADA). Scope includes providing a suitable path of travel from accessible parking to the McGill Hall and Mandler Hall building entrances, upgrading Mandler Hall restrooms (including providing gender inclusive restrooms) and drinking fountains, upgrading the First Floor McGill Hall restrooms and drinking fountains, and providing improvements to bring t he entrances and bridges into accessibility compliance.Conan UCSD McGill/Mandler Restroom ADA Plan Construction provided for the University a suitable path of travel from accessible parking to the McGill / Mandler building entrance. Large crane work was utilized when upgrading the entrances and bridges into accessibility compliance. In addition there were upgrades to the Mandler Hall and McGill Hall restrooms (which includes gender inclusive) and drinking fountains on (4) different floors. Upgrades to a existing concrete building for hydrogen testing of equipment. Upgrades include structural Solar Turbines Test Cell 30-3 steel, shotcrete, electrical, fire suppression, and Solar Turbines Inc 3/23/2022 $2,292,473.00 mechanical. Install mist eliminators and upgrade combustor test rig. Tenant Improvements on a family restaurant, scope Family Style Inc 2/15/2021 $20,527.00 included demo, millwork, drywall, MEP, anf painting to Family Style Restaurant get this restaurant modernized for local customers. Tenant Improvements lmprimis Rx 3/6/2020 $50,163.00 lmprimis RX Tenant Improvements Construction of new 2-story Adm in. & Classroom Chula Vista Elementary School 6/1/2022 $4,877,000.00 Building and construction of new Multi-Purpose District Building. Project also includes Lunch Shelter, (6) fabric 84 E J St, Chula Vista, CA 91910 Chula Vista Elementary School District Village 3, Structural and Site Improvements shade shelters, campus entry structure and covered walkways, athletic field, playground areas, plaza for student gatherings and parking lots. 21,380 sf CONSTRUCTION OF NEW GYMNASIUM/M.P.R. Lakeside Union School District 4/15/2021 $210,516.00 BUILDING, Conan did the concrete, rebar, foundation, and slab for gymnasium. Layout building footings (survey and stakes byothers), excavate footings (spoils to be stockpiled on site 100' or less from building pad), recompact footing bottoms (vibratory plate), provide and install batter boards and forms for concrete, Provide and install¾" gravel capillary break, install moisture barrier (moisture barrier material provided by Owner), provide reinforcing steel shop drawings, provide and install reinforcing steel, install anchor Tierra Del Sol Middle School Structural Package bolts and all anchoring embed hardware (anchor bolts provided by Owner, templates and layout locations provided by GC), provide concrete, place and finish footings, place and finish slab, provide and install cure and sealer, soft cut control joints, metal stakes must have plastic sleeves, sleeve pockets to be filled with non shrink grout, coordinate with other trades for under slab rough ins (plumbing, electrical, fire riser, downspouts .... ) On-site concrete, waterproofing and reinforced steel San Diego Unified School District, 8/13/2021 $736,000.00 scope: Excavate and backfill for site curb and walls, 7860 Ruffner St, Annex 4, San form and pour H/C Ramps, Curb & Seatwalls. Supply Diego, CA 92111 and Install Rebar throughout. Demo West portion of existing building, construction of new 2-story Pacific Beach Middle School Modernization, Structural Package classroom Bldg 100, modernization of Bldg 300 first floor kitchen, Bldg 600 new administration and HVAC upgrade to exisiting auditorium BLDG 400, classroom BLDG 500 and PE building 700. All site work. Remodel of 32,806 sf of interior at Foothills campus, Grossmont Union High School 8/3/2021 $2,352,000.00 including offices, classrooms and restrooms. Also District/ 1100 Murray Dr, El Cajon, including site landscaping improvements. Interior CA 92020 renovation of ten science classrooms and lecture Foothills Adult School Remodel and West Hills Science Building Renovation classroom at West Hills, including some sitework and demolition. Both campuses include accessibility upgrades and finishes. Renovation and structural upgrade of building 600 Sweetwater Union High School 1/14/2022 $3,929,000.00 (7,720 sf) into laboratories. Construction is type V-B. District Work include abatement, MEP, new system security, access control systems, roof replacement, and building 800 hygiene room renovation. Site work includes small areas of upgrades to the existing accessible path of travel, replacement of hardscape adjacent to building 600, and the removal of patching of a small section of overhead canopy above the walkway west of building 600. Trades involved include but not limited to: Demolition, Abatement, Rough Carpentry, Roofing, Sheet Metal Flashing and Trim, Expansion Hilltop Middle School -600 Building Modernization Joints, Roof Accessories, Joint Sealants, Painting, Plumbing, HVAC and Electrical. Project includes replacement of all sidewalks, HVAC, plumbing, electrical, low voltage, security, access control systems and roofing. Additionally, existing restrooms in other buildings in the campus are renovated to meet t he ADA requirements. Renovation of Main campus entry plaza with new parking lots were also part of the scope of work. Building 8 was an extensive tenant improvement Solar Turbines Inc 3/22/2022 $7,224,315.00 (33,600 sf) involving removal of interior walls and ceilings. Complete remodel of store front windows and restrooms. Place back of new walls, drop ceilings, and office spaces. Entire revamp for title 24 and HVAC Solar Turbines Building 8 systems to bring an older building into a modern era. The project included removal and replacement of existing roofing during stringent work hours. Facility is a 24 hour facility and work had to be phased to minimize the impact to workers and operation. Removal and replacement of floor finishes. (13,750 sf) Pfizer, Inc. 5/12/2022 $119,480.00 Pfizer CB3 Building Remodel New 1080 sf stand alone network operations center Grossmont Union High School 7/22/2022 $4,490,000.00 that will be constructed as masonry building with a District/ 1100 Murray Dr, El Cajon, shed roof; one double entry with card reader system CA 92020 and awning above doorway. This building will house hot and cold containment computer racks with ups and will include a workroom. There will be site improvements which include modifications to the parking lot and accessible parking as required for construction and code regulations, and a new Grossmont Network Operation Centers maintenance access path east of the project site. Construction of new Network Operation Center for Jamacha and West Hill sites for the Grossmont Union High School District. Project consist of new CMU buildings that houses Hot/Cold Containment Computer Racks with UPS and workroom. Emergency Generators, Major Site improvements and landscape work are also part of the project. MODERNIZATION OF BUILDING 600, FULL SEISMIC Grossmont Union High School 12/2/2022 $4,712,000.00 REHAB OF BUILDING AND UPGRADES TO COMPLY District/ 1100 Murray Dr, El Cajon, WITH 2019 cbc. TYPE V-B WOOD CONSTRUCTION, CA 92021 7,618 sf WITH A 175 SF ADDITION CONSISTING OF Santana High School Building 600 Modernization ELECTRICAL ROOM. ADJACENT SITE IMPROVEMENTS, BUILDING 700 BOILER ROOM TO SE CONVERTED TO STORAGE ROOM. BOILER ROOM TO BE RELOCATED ADJACENT TO CENTRAL PLAN. The project includes, but is not limited to, selective site Vista Unified School District 8/26/2022 $343,000.00 demolition & restoration, underground utilities, grading, ac & concrete paving, all associated work to relocate a 12' x 40' relocatable restroom building (A# 04-62767} from Vista High School to Lake Elementary Lake Elementary School Restroom Upgrades School, a new aluminum TMP ramp system & stair, as well as a new accessible concrete ramp system and associated flat work and finally the extension of the accessible DG path to the "Area of Safe Dispersal". PLACEMENT OF W/ (1) 24' x 40'-0" RELOCATABLE Lemon Grove School District 8/2/2022 $177,000.00 CLASSROOM AND NEW TMP SERVICES RAMPS, Vista La Mesa Academy Relocatable PLACED ON (E) ASPHALT PAVING INCLUDING BUT NOT LIMITED TO; NEW UTILITY CONNECTIONS: ELECTRICAL, SIGNAL, AND FIRE ALARM CLEAN AND PAINT WOOD TRELLIS. REMOVE AND MiraCosta Community College 8/15/2022 $717,000.00 INSTALL NEW POLYCARBONATE ROOF COVERINGS AT District BUILDINGS B200, B300, BSOO AND B600. PATCH CRACKS IN AND REPLACE PORTIONS OF EXTERIOR CEMENT PLASTER, PAINT. REPLACE MISSING CERAMIC ACCENT TILES AT BUILDINGS B300 AND B600. REMOVE EXISTING EXTERIOR CEMENT PLASTER MiraCosta San Elijo Campus Enhancement Project PARAPET AND CAP AND INSTALL NEW SHEET METAL COPING AND FLASHING AT BUILDINGS B300, BSOO, B600 AND B900. REMOVE CLAY TILE ROOF AND VAPOR BARRIER AND INSTALL WATERPROOFING AND SALVAGED CLAY TILE ROOF AT BUILDING B900. PAINT EXISTINIG AND NEW EXTERIOR CEMENT PLASTER AT BUILDINGS B300 AND B600. REPLACEMENT OF TEN EXISTING MODULAR CLASSROOMS ON CONCRETE FOUNDATION SYSTEM, FLUSH TO GRADE. CONNECTION TO EXISTING CAMPUS SYSTEM. SITE IMPROVEMENTS, CONCRETE Vahalla High School & El Cajon Modular Classroom Replacement PAVING, MINOR IMPROVEMENTS TO THE ADJACENT Grossmont Union High School 9/30/2022 $2,Sl7,000.00 ASPHALT PAVING.The Project consists of the alteration District of existing relocatable buildings and related sitework located at Valhalla High School. Scope includes Demo, plumbing, electrical and lighting, fire suppression, securtiy systems, and communications. FACADE REMODEL AND TENANT IMPROVEMENT OF New Village Arts, Inc. 11/14/2022 $1,718,000.00 AN EXISTING BUILDING FOR NEW VILLAGE ART. Tl WORK INCLUDES DEMO OF EXISTING RESTROOMS AND ADDING NEW RESTROOMS, NEW BOX OFFICE New Village Arts Center Tenant Improvement & Fa~ade Improvement AND LOBBY AREA, NEW FOOD SERVICE COUNTER AND WAITING AREA. FACADE REMODEL INCLUDES REPLACING THE EXISTING WOOD SIDING, ADDING AN OPEN CANOPY AND RE-ARRANGING THE WINDOWS EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this Project in a management, construction supervision or engineering capacity. Add additional pages to identify ALL key personnel. Bidder may submit a 2-page resume of each key personnel mentioned above. Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the Agency. Job Title Specialized Years of Summarize the Name Education construction experience % time on this experience Project relevant to the Project Sr. Project Manager Construction Management, 27 25 years in construction as Estir Project Manager, Pre-con Mana Pelin Karakas Business Admin. Operations Manager. Strong co 50% with designers, architectural ba< $30_0M budget _alignment. Exper •v < IUJC<,l Project Superintenden Osha 30, First Aid/CPR 17 Jordan, from framer to hands-on Superintendent. Expert in DSA proje Jordan Vessey training, EMT training. inspections. Proactive problem solve 100% strong communicator. Bridges Trade and project team. Prio1-.,,,-rit1izes campus and stakeholder cnlla ration. 11ator, ger, aboration kground, in , DSA process. :ts, Partners safety 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Date Printed: October 3, 2023 Current Update: May 2023 Page 36 of 308 Additional Bidder's Statements: If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: Conan Construction boasts aprofile of projecst similar to the Calavera Hills Community Center Refurbishment. We excel in delivering projects with substanial cost savings consistently surpassing owner expectations. With Carlsbad in close proximity, we have a deep understanding of local subcontractors and city protocols. Moreover, our recent acquisition of industy experts strengthens our proficiency in timely project execution of this kind. 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 37 of 308 Date Printed: October 3, 2023 Current Update: May 2023 3.VERIFICATION AND EXECUTION These Bid Forms shall be executed only by a duly authorized official of the Bidder: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Bidder: Conan Construction, Inc. Signature fjg _.., Name Shannon Maurer Title President. CEO, Secretary & Director Date November 9, 2023 END OF SECTION 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Document Version: 1.0 Page 38 of 308 Date Printed: October 3, 2023 Current Update: May 2023 PROFILE CalHornla Publlc School Projects, DSA PROJECT EXECUTIVE EDUCATION MEMBERSHIP MlraCosta Business Round Table Sponsor WORK EXPERIENCE Conan Construction Vice President, Senior Project Manager Kitchell CEM, Director of Construction MlraCosta College Davis Reed Construction, Preconstructlon Manager, Senior Project Manager Clark Sullivan Construction, Estimator and Senior Project Manager Public School Projects DSA Project Certification PROJECT EXPERIENCE MiraCosta College Campus Modernization $6.3 million Monte Vista High School Event Center $2.8million Palomar Community College Presidents Office Tl $1.2 million Balboa Pork International Cottages $3.6 million lmprimis RX Pharmaceutical Tl Headquarters $1.4 million Grossmont Community College Classroom Modernizations $1.1 million Mountain Empire Junior High School Modernization $2.2 million Santano High School Building 600 Modernization $4.9 million Lemon Grove Early Childhood Education Center at Palm Campus $32.5 million JORDAN VESSEY SUPERINTENDENT Jordan started his career as a framer and worked his way up to be a hands-on Superintendent. He has extensive knowledge on DSA projects and inspection requirements. His biggest strength is to be able to identify the problems ahead of time and provide solution to PBK. He has excellent communication skills which helps conflict resolution and create a bridge between Trade Partners and project team. He knows how to work with Campus user groups to minimize the impact of the construction activities. In the past 10 years of his career, Jordan has been working on active campuses and implements safety measures for students and staff. RELEVANT EXPERIENCE Flying Hills Campus Expansion Grossmont Unified School District, El Cajon, CA Hilltop Middle School Building 600 Sweetwater Union High School District. Chula Vista, CA Foothills & West Hills School Remodel & Renovation Grossmont Union High School District, El Cajon, CA Solar Turbines Building 8 Solar Turbines, Inc, San Diego, CA Solar Turbines Building Lobby Remodel Solar Turbines. Inc, San Diego, CA Pfizer CB3 Offices Pfizer Corporate Offices. La Jolla, CA San Ysidro School District OVHS & VDM Elementary Classroom Renovation and Additions. San Ysidro. CA MiraCosta College Swing Space Projects Oceanside and San Elijo Campus, Oceanside. Cardiff University of California San Diego McGill Mandler Hall Restrooms ADA Plan CON/\N CONSTRUCTION CONTACT 858-945-0093 jvessey@conanconstruction.com YEARS OF EXPERIENCE 17 EDUCATION Rancho Bernardo High School, Ranch Bernardo, CA 2002 Futures High School, San Diego, CA 2003 Cal State University San Marcos, San Marcos, CA 2005 EMT Training, Miramar, CA CERTIFICATIONS/ REGISTRATIONS/ AFFILIATIONS Osha 30-Hour First Aid/CPR Certified EMT Training MiraCosta College Swing Space Projects for Oceanside and San Elijo Campus, Oceanside, Cardiff, CA WORK HISTORY Conan Construction Project Superintendent I 2016-Present Delivers projects in time and within budget without compromising safety and quality. Consistently updated master schedule and look­ ahead schedules. Implemented fragments into to the master schedule. Scheduled special, fire, health department, civil and city inspections. Conducted quality control and pre-installation meetings. Red Horse Constructors Facilitator I 2014-2016 Accredited Green Builder facilitated all trades from underground to roofing. Covered scope Gap as well as self-performing work. Provide a coordinating link between the client and other members in the construction team. Timberworks Incorporated Carpenter I 2013-2014 Follow blueprints and building plans to meet the needs of clients. Install structures and fixtures, such as windows and molding. Measure, cut, and shape wood, plastic, and other materials. Construct building frameworks, including walls, floors, and doorframes. MV Construction Apprentice I 2004-2012 Responsible for cleaning and preparing construction sites for the erection of structures and buildings. Unloads and loads materials, reads plans and specifications, tends machines, mixes concrete, pours concrete, and assists carpenters, operating engineers, and other construction site workers. CON/\N REFERENCES David Haddad Project Manager Kitchell CEM 619-314-0053 James Beard Facilities Manager CONSTRUCTION Cajon Valley Unified School District 619-588-3023 Eric Soldau Principal in Charge Mosher Drew Architects 619-223-2400 00 45 10 NON-COLLUSION AFFIDAVIT NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Conan Construction, Inc. Consistent with Public Contract Code Section 7106, the undersigned declares: President, CEO, Secretary & I am the Director of Con an Construction, Inc. --------'-----------...J party making the foregoing Bid. the The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown of it, or the contents of it, or divulged information or data relative to it, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent of these, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed November 9 20 � at Carlsbad ·ty], � [state]. Signature Name Title President, CEO, Secretary & Director END OF SECTION 00 45 10 NON-COLLUSION AFFIDAVIT Document Version: 1.0 Page 39 of 308 Date Printed: October 3, 2023 Current Update: May 2023 00 45 15 IRAN CONTRACTING ACT CERTIFICATION NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Conan Construction, Inc. As required by Public Contract Code Section 2204, the Contractor certifies subject to penalty of perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct: ).( The Contractor is not: 1)identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or 2)a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. □The Agency has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the Agency will be unable to obtain the goods and/or services to be provided pursuant to the Contract. □The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000. Signature: :!!!!i:,,. Name: Sh n Maurer Date: Title: November 9, 2023 President, CEO, Secretary & Director Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for 3 years. END OF SECTION 00 45 15 IRAN CONTRACTING ACT CERTIFICATION Document Version: 1.0 Page 40 of 308 Date Printed: October 3, 2023 Current Update: May 2023 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Conan Construction! Inc. Pursuant to Labor Code Sections 1725.5 and 1771.1, all Contractors and Subcontractors that wish to Bid on, be listed in a Bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations. See Public Works (ca.gov) for additional information. No Bid will be accepted, nor any Contract entered into without proof of the Contractor's and Subcontractors' current registration with the Department of Industrial Relations to perform public work. Bidder certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations. Name of Bidder: Conan Construction1 Inc. DIR Registration Number: .......;..10;..;;0'""0�0..:..;15:..::2:.::2--'-4 __________ _ DIR Registration Expiration: _6.;;../...;;.30-'-/.;;;;.2.;;.;02;;...;5'--------------- Bidder further certifies: 1.Bidder shall maintain a current DIR registration for the duration of the Project. 2.Bidder shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its Contract with Subcontractors and ensure that all Subcontractors are registered at the time of Bid opening and maintain registration status for the duration of the Project. 3.Failure to submit this form or comply with any of the above requirements may result in a finding t the Bid is non-responsive. Name: END OF SECTION 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Document Version: 1.0 Date: November 9, 2023 Title: President, CEO, Secretary & Director Date Printed: October 3, 2023 Current Update: May 2023 Page 41 of 308 00 45 25 CERTIFICATE OF INSURANCE NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Conan Construction, Inc. Bidder must attach either of the following to this page. )( Certificates of insurance showing conformance with the requirements for each of: a.Comprehensive General Liability b.Automobile Liability c.Workers Compensation d.Employer's Liability D Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder the required policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance and the required Certificates of insurance to the Agency. END OF SECTION OD 45 25 CERTIFICATE OF INSURANCE Document Version: 1.0 Page 42 of 308 Date Printed: November 15, 2023 Current Update: May 2023 I ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 11/1512023 � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Colleen Woods NAME: Michael Ehrenfeld Company Insurance Agents ;,_�g111:0 Ext•: (619) 683-9990 I rt,�.Nol: (619) 683-9999 An Acrisure Agency CA OK07568 E-MAIL cwoods@ehrenfeldinsurance.com ADDRESS: 2655 Camino Del Rio North #200 INSURER($) AFFORDING COVERAGE NAIC# San Diego CA 92108 INSURER A: Valley Forge Insurance Company 20508 INSURED INSURER B: The Continental Insurance Company 35289 Conan Construction, Inc, INSURERC: Accredited Surety & Casualty Company, Inc 26379 2870 W!liptail Loop East INSURER D: Westchester Suplus Lines Insurance Company Suite 225 INSURER E: Carlsbad CA 92008 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 REV REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE wvo POLICY NUMBER . �m-Jgy..,w:,\ (MM�&)�l LIMITS I LTR A B B C A X COMMERCIAL GENERAL LIABILITY -� CLAIMS-MADE [8] OCCUR -- � Deductible $3,000 � GEN'LAGGREGATE LIMITAPPLII;:$ PeR: [8]PRO· □ POLICY JECT LOC X OTHeR D)Pollution 11/4/2022-23 AUTOMOBILE LIABILITY ._ � ANY AUTO OWNED -SCHEDULED AUTOS ONLY AUTOS x HIReD � NON-OWNED AUTOS ONLY AUTOS ONLY X UMBReLLA LIAB �OCCUR EXCESS LIAB CLAIMS-MADE oEo I XI RETeNTION $ O WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXeCUTIVE 0 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Inland Marine Business Personal Property IN"D y y y N/A y 7012095342 02/23/2023 02/23/2024 y 7012095339 02/23/2023 02/23/2024 y 7012095325 02/23/2023 02/23/2024 y 1AGCA 16006969-0 08/09/2023 08/09/2024 7012095342 02/23/2023 02/23/2024 EACH OCCURRENCE Ul"I.Ml'\Uc: IUl"\cr ltU PREMISES /Ea occurrence' MEO EXP (Any one oarson) PERSONAL &ADV INJURY GENeRALAGGREGATE PRODUCTS -COMP/OP AGG #G7434818A001 COMBINED SINGLE LIMIT lEa accidentl BODILY INJURY (Per pers0<1) BODILY INJURY (Per accident) PROPeRTY DAMAGe t Per accident' Comp/Collision Ded EACH OCCURRENCe AGGREGATe XI �'ffruTE I l OTH-ER E.L EACH ACCIDeNT E.L DISEASE· EA EMPLOYEE E.L. DISEASE· POLICY LIMIT Leased/Rented Equip Deductible BPP/Replacement Cost $ 1,000,000 $ 100,000 $ 15,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ $ $ 500/500 $ 5,000,000 $ 5,000,000 $ $ 1,000,000 $ 1,000,000 s 1,000,000 $50,000 $1,000 $10,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is n,quired) City of Carlsbad is named as additonal insured, with waiver of subrogation and primary wording per forms attached. Policy forms attached apply on per written contract. 1 O day notice of cancellation for nonpayment; 30 days all other. CERTIFICATE HOLDER City of Carlsbad/CMWD c/oEXIGIS Insurance Compliance Services PO Box 947 Murrieta I CA 92564 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD I I CNA Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsementamends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsementcontrols with respect to such provision, and the changes made by this endorsement with respect to such provisiondo not apply. TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured -Primary And Non-Contributory To Additional lnsured's Insurance 3.Bodily Injury -Expanded Definition 4.Broad Knowledge of Occurrence/ Notice of Occurrence 5.Broad Named Insured 6.Broadened Liability Coverage For Damage To Your Product And Your Work 7.Contractual Liability -Railroads 8.Electronic Data Liability 9.Estates, Legal Representatives and Spouses 10.Expected Or Intended Injury-Exception for Reasonable Force 11.General Aggregate Limits of Insurance -Per Project 12: In Rem Actions 13.Incidental Health Care Malpractice Coverage 14.Joint Ventures/Partnership /Limited Liability Companies 15.Legal Liability-Damage To Premises/ Alienated Premises I Property In The Namedlnsured's Care, Custody or Control 16.Liquor Liability 17.Medical Payments 18.Non-owned Aircraft Coverage 19.Non-owned Watercraft 20.Personal And Advertising Injury -Discrimination or Humiliation 21.Personal And Advertising Injury -Contractual Liability 22.Property Damage -Elevators 23.Supplementary Payments 24.Unintentional Failure To Disclose Hazards 25.Waiver of Subrogation -Blanket 26.Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX(1-15) Page 1 of 17 Insured Name: Consn Construction. [r1c. Policy No: 7012uq5_14� Endorsemet No: Effective Date: 02m1202.1 CopyrightCNAAII Rights Reserved. lndudescopyrightedmaterialartnsurance Services Office, Inc .. with its permission. CNA Contractors' General Liability Extension Endorsement 1.ADDITIONALINSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on thisCoverage Part under a written contract or written agreement, provided such contract or agreement: (1)is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b)the offense that caused the personal and advertising Injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, theInsurer will not provide such additional insured with: (1)a higher limit of insurance than required by such contract or agreement; or (2)coverage broader than required by such contract or agreement, and in no event broader than thatdescribed by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to suchperson or organization's liability for bodily injury, property damage or personal and advertising injuryarising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases oroccupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performedby, on behalf of, or for such additional insured. B.Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injuryas co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named lnsured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertisinginjury takes place prior to the termination of such lease. D.LessorofLand Any person or organization from whom a Named Insured leases land but only with respect to liability forbodily injury, property damage or personal and advertising injury arising out of the ownership,maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising Injury takes place prior to thetermination of such lease. The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises CNA74705XX (1-15) Page 2 of 17 Insured Name. Con,n Con,IN<IK•n. Inc. Policy No: 101'.lO'ls��: Endorsement No: Effective Date:02m12023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by. on behalf of, orfor such additional insured. F.Mortgagee, Assigneeor Receiver A mortgagee. assignee or receiver of premises but only with respect to such mortgagee, assignee orreceiver's liability for bodily injury, property damage or personal and advertising injury arising out of theNamed lnsured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction ordemolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions -Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or politicalsubdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1.the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a.the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,sidewalk vaults, street banners, or decorations and similar exposures; or b.the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by thisinsurance;or 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury, property damage or personal and advertising injury arising out of operationsperformed for the state or governmental agency or subdivision or political subdivision; or b.Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1.With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter ordisplayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a.the Named lnsured's acts oromissions; or b.the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. CNA74705XX (1-15) Page 3 of 17 Insured Name: Cun:1.ll Con:-.truchnn. Inc. Policy No: 7oJW95342 Endorsement No: Effective Date:0212v202-1 Copyright CNA All Rights Reserved. Includes copyrighted material of lnsllrance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement 2. The coverage granted by this paragraph does not apply to bodily injury or property damage includedwithin the products-completed operations hazard. 2. ADDITIONAL INSURED· PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section isamended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non­contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer willnot seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's owninsurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization isexcess of any other insurance available to such person or organization. 3. BODILY INJURY· EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation,shock, mental anguish or mental injury sustained by that person at any time which results as a consequence ofthe physical injury, sickness or disease. 4.BROAD KNOWLEDGE OF OCCURRENCllNOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit isamended to add the followingprovisions: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of anoccurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to theInsurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offenseor claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insuredhas management control: a.on the effective date of this Coverage Part; or b.by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that providedby this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or CNA74705XX(1-15) Page 4 of 17 Insured Name: Conan Constructjon, Jnc. Policy No: ,0120953-1:: Endorsement No: Effective Date:o'.!1�.1120'.!.l Copyright CNAAII Rights ReseNed. lncludescopyrightedmaterial of Insurance SeNices Office. Inc .. with its permission. CNA Contractors' General Liability Extension Endorsement (b) any organization for which coverage is excluded by another endorsement attached to this CoveragePart. For the purpose of this provision, managementcontrol means: A. owning interests representing more than 50% of the voting, appointment or designation power for theselection of a majority of the Board of Directors of a corporation; or B.having the right, pursuant to a written trust agreement. to protect, control the use of, encumber or transfer or sell property held by a trust. 4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, thisinsurance does not applyto: a.bodily injury or pr operty damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date ofmanagement control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their ownnames or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k.Damage to Your Product Property damage to your pr oduct arising out of it. or any part of it except when caused by or resultingfrom: (1) fire; ( 2) smoke; (3) collapse;or (4) explosion. I.Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1)If the damaged work, or the work out of which the damage arises. was performed on the Named lnsured's behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a)fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: CNA74705XX(1•15) Page 5 of 17 Insured Name: Conan Construction. Inc Policy No: 70120�5342 Endorsement No: Effective Date:02m,2023 Copytight CNAAII Rights Reserved. Includes copyrightedmaterial of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work. or the work out of which the damage arises, was performed on the Named lnsured's behalf by a subcontractor. c.This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does notapply if an endorsement of the same name is attached to this policy. 7.CONTRACTUAL LIABILITY -RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises thatindemnifies any person or organization for damage by fire to premises while rented to a Named Insured ortemporarily occupied by a Named Insured with permission of the owner is not an insured contract; b.A sidetrack agreement; c.Any easement or license agreement; d.An obligation. as required by ordinance. to indemnify a municipality, except in connection with work for amunicipality; e.An elevator maintenance agreement; I". That part of any other contract or agreement pertaining to the Named lnsured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (I)That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a)Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury ordamage; (2)Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1)above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATALIABILITY A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p.Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (l) any access to or disclosure of any person's or organization's confidential or personal information,including patents, trade secrets. processing methods, customer lists, financial information, creditcard information, health information or any other type of nonpublic information; or CNA74705XX(1-15) Page 6 of 17 Insured Name: Con:\n Conscruction. In.; Policy No: 101 :'0Q5342 Endorsement No: Effective Date: 0212312023 Copyright CNAAII Rights Reserved. Includes copyrightedmaterial of lns,irance Services Office, Inc., will, its permission. CNA Contractors' General Liability Extension Endorsement (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulateelectronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the NamedInsured or others arising out of that which is described in Paragraph (1) or (2) above. B.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising outof any one occurrence because of property damage that results from physical injury to tangible propertyand arises out of electronic data. C.The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS,tapes, drives. cells, data processing devices or any other media which are used with electronically controlledequipment. D.For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a.Physical injury to tangible property, including all resulting loss of use of that property. All such loss ofuse shall be deemed to occur at the time of the physical injury that caused it; h.Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed tooccur at the time of the occurrence that caused it; or c.Loss of, loss of use of. damage to, corruption of, inability to access, or inability to properly manipulateelectronic data, resulting from physical injury to tangible property. All such loss of electronic data shallbe deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance. electronic data is not tangible property. E.If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, thenthe $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of. and not in additionto, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insuredunder this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, andspouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse,where such claim seeks damages from marital community property, jointly held property or property transferredfrom such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such,provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts,errors or omissions in the conduct of the Named lnsured's business. 10. EXPECTED OR INTENDED INJURY-EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A • Bodily Injury and Property Damage Liability, 'the paragraph entitledExclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with thefollowing: CNA74705XX (1-15) Page 7 of 17 Insured Name: Cnnan C11n�tructi�11. Ini.:. Policy No: 1012095J4:: Endorsement No: Effective Date: 02123/202:l Copyright CNA All RighlsReserved. Includes copyrighted material oflnsurance Services Office. Inc .. with its permission. CNA Contractors' General Liability Extension Endorsement This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A.For each construction project away from premises the Named Insured owns or rents, a separateConstruction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown inthe Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damageincluded in the products-completed operations hazard; and 2.All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1.Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoingoperations at a single construction project, except damages because of bodily injury or propertydamage included in the products-completed operations hazard; and 3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoingoperations at a single construction project. will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence. for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General AggregateLimit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence canbe attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products­ completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown inthe Declarations, regardless of the number of projects involved. E.If a single construction project away from premises owned by or rented to the Insured has been abandonedand then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs,specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue toapply as stipulated. 12.IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEAL TH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: CNA/4/05XX (1-15) Page 8 of 17 Insured Name: Conan Construction. Inc. Polley No: w1209;,4� Endorsement No: Effective Date: o.'1.',1.'on Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc .. with its permission. CNA Contractors' General Liability Extension Endorsement A.Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitledInsuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named lnsured's primary business purpose. and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2)the bodily injury first occurs during the policy period. All bodily injury arising from anoccurrence will be deemed to have occurred at the time of the first act, error, or omission that ispart of the occurrence; and B. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i.add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by otherliability insurance available to the Insured {or which would have been available but for exhaustion of itslimits). ii.delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does notapply to: Contractual Liability the lnsured's actual or alleged liability under any oral or written contract or agreement, including but notlimited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims basedon an individual's race, creed, color. age, gender, national origin, religion, disability, marital status orsexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal.state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i.add the following definitions: Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received. CNA/4705.XX (1-15) Page 9 of 17 Insured Name: Conan Const1udio11, 111..:. Polley No: 7<11c09SJ.�z Endorsement No: Effective Date: o�:�J·co�3 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. tnc., with its permission. CNA Contractors' General Liability Extension Endorsement Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a.Ph ysician; b.Nurse; C. Nurse practitioner; d.Emergency medical technician; e.Paramedic f, Dentist; g.Physica I therapist; h.Psychologist; i.Speech therapist; j, Other allied health professional; or Profes sional health care services does not include any services rendered in connection with human clinical trials or product testing. ii.delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact. circumstance, situation, transaction, event. advice or decision will be considered toconstitute a single occurrence; iii. amend til e definition of Insured to: a.add the following: the Named lnsured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment bythe Named Insured or while performing duties related to the conduct of the Namedlnsured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of theNamed lnsured's business; when such bodily injury arises out of a health care incident. the Named lnsured's volunteer workers are Insureds with respect to: (1)bodily injury to a co-volunteer worker while performing duties related to the conduct ofthe Named lnsured's business; and (2) bodily injury to an employee while in the course of the employee's employment by theNamed Insured or while performing duties related to the conduct of the Named lnsured'sbusiness; when such bodily injury arises out of a health care incident. b.delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with thefollowing: Other Insurance b. Excess Insurance CNA74705XX(1-15) Page 10 of 17 Insured Name: Conan Ct)I\SlfUCfion, Inc. Policy No: 10120Q5J.j'.! Endorsement No: Effective Date: 0212,,�on CopyrightCNAAII Rights Reserved. Includes copyrighted material □I Insurance Services Office, Inc. with its permission. CNA Contractors' General Liability Extension Endorsement (1)To the extent this insurance applies, it is excess over any other insurance, self insurance or risktransfer instrument. whether primary, excess, contingent or on any other basis, except for insurancepurchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/ PARTNERSHIP/ LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, jointventure or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture,partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a.any offense giving rise to personal and advertising injury occurred prior to such termination date, and thepersonal and advertising injury arising out of such offense first occurred after such termination date; b.the bodily injury or property damage first occurred after such termination date; and c.there is no other valid and collectible insurance purchased specifically to insure the partnership, joint ventureor limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15.LEGAL LIABILITY -DAMAGE TO PREMISES/ ALIENATED PREMISES/ PROPERTY IN THE NAMED INSURED'$ CARE, CUSTODY OR CONTROL A.Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with thefollowing: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person. organization or entity, for repair. replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out ofany part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5)That particular part of real property on which the Named Insured or any contractors orsubcontractors working directly or indirectly on the Named lnsured's behalf are performingoperations, if the property damage arises out of those operations; or (6)That particular part of any property that must be restored, repaired or replaced because your workwas incorrectly performed on it. CNA74705XX (1-15) Page 11 of 17 Insured Name: Conan Construction, Im.·. Policy No: 1011og5342 Endorsement No: Effective Date: 0212312023 CopyrigtlCNAAII Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc .. with its permission. CNA Contractors' General Liability Extension Endorsement Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products­completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i.tools, or equipment the Named Insured borrows from others, nor ii.other personal property of others in the Named lnsured's care, custody or control while being usedin the Named lnsured's operations away from any Named lnsured's premises. However. the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication. or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d.property in transit; or e. any portion of property damage for which the Insured has available other valid and collectibleinsurance, or would have such insurance but for exhaustion of its limits. or but for application of oneof its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A. Bodily Injury and Property Damage Liability, the paragraph entitledExclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents ofpremises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named lnsured's care, custody or control, while being used in the Named lnsured's operations away from any Named lnsured's premises. The Insurer's obligation to paysuch property damage does not apply until the amount of such property damage exceeds $1,000. TheInsurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If theInsurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6.Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage toany one premises while rented to the Named Insured or temporarily occupied by the Named Insured CNA74705XX (1-15) Page 12 of 17 Insured Name: Conan Construcllon. lnc. Policy No: 1012095342 Endorsement No: Effective Date: 0212312023 CopyrigbCNAAII Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc .. wilh its permission. CNA Contractors' General Liability Extension Endorsement with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a.$500,000; or b.The Damage To Premises Rented To You Limit shown in the Declarations. E.Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii)That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others inthe Named lnsured's care. custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as anadditional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace itwiththe following: 7.Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most theInsurer will pay under Coverage C -Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1)$15,000 unless a different amount is shown here: l'"V''" ,,,ra•1a:r,.1a-1,�1a,a,1a, '"I"-.-or (2)the amount shown in the Declarations for Medical Expense Limit. B.Under COVERAGES, the Insuring Agreement of Coverage C -Medical Payments is amended to replaceParagraph 1.a.(3)(b) with thefollowing: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph 8. does not apply to medical expenses incurred in the state of Missouri. 18.NON-OWNED AIRCRAFT Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitledExclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of theUnited States of America or Canada, designating that person as a commercial or airline transport pilot; 2.the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNEDWATERCRAFT Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitledExclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: CNA74705XX (1-15) Page 13 of 17 Insured Name: <.:on1111 Cun,truction, Inc. Policy No: 101 �ms142 Endorse ment No: Effective Date: 0212.11202_1 CopyirghtCNAAII Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CNA Contractors' General Liability Extension Endorsement (2)a watercraft that is not owned by any Named Insured, provided the watercraftis: (a) less than 75 feet long; and (b)not being usedto carry persons or property for a charge. 20.PERSONAL AND ADVERTISING INJURY-DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B.Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2.add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insuredon this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. CNA74705XX (1-15) Policy No: 7()110953�� Page 14 of 17 Endorsement No: Effective Date: 0�12Y)02J Insured Name: CouAO (ou:,ln.u;tion, Im;. Copyright CNA All Rights Reserved. Includes copyrightedmaterial of Insurance ServicesOffice, Inc,. with its permission. CNA Contractors' General Liability Extension Endorsement B.Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENT ARY PAYMENTS -COVERAGES A AND B: I.Paragraph 2.d. is replaced by the following: d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interestsof the indemnitee: 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of thatindemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expensesincurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY • CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE -ELEVATORS A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use ofelevators. B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE -ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23.SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS -COVERAGES A AND Bis amended as follows: A.Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a$5,000. limit; and B. Paragraph l.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a$1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25.WAIVER OF SUBROGATION-BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amendedto add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because ofpayments the Insurer makes for injury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2.your work included in the products-completed operations hazard. CNA74705XX (1-15) Policy No: 101109,34� Page 15 of 17 Endorsement No: Effective Date: 021n.,:202J Insured Name: Con.in Conslructi(lll, In..::. Copynghl CNA All Rights Reserved. Includes copyrightedmaterial of Insurance ServicesOffice, Inc., with its permission. C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completeo Operations Coverage Endorsemen1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, includingany such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement.However, such person or organization is an Insured only with respect to such person or organization's liabilityfor: A.unless paragraph B. below applies, 1.bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named lnsured's ongoing operations as specified in such written contract; or 2.bodily injury or property damage caused in whole or in part by your work and included in the products-completed operations hazard, and only if a.the written contract requires the Named Insured to provide the additional insured such coverage; and b.this coverage part provides such coverage. B.bodily injury, property damage, or personal and advertising injury arising out of your work described insuch written contract, but only if: 1.this coverage part provides coverage for bodily injury or property damage included within theproducts completed operations hazard; and 2.the written contract specifically requires the Named Insured to provide additional insured coverageunder the 11-85 or 10-01 edition of CG2010 or the 10-01 edition ofCG2037. II.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract. Ill. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services,including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,surveys, field orders, change orders or drawings and specifications: and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV.Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1-15) Page 1 of 2 Insured Name: Conan Construction, Inc. Policy No: w1!u'ls342 Endorsement No: Effective Date: 02/23/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA Blanket Additional Insured -Owners, Lessees 01 Contractors -with Products-Completec Operations Coverage Endorsemen is required by written contract to be primary and non-contributory, this insurance will be primary and non­ contributory relative solely to insurance on which the additional insured is a named insured. V.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.except as provided in Paragraph IV. of this endorsement, agree to make available any other insurancethe additional insured has for any loss covered under this coverage part; 3.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4.tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the writtencontract requires this insurance to be primary and non-contributory, this paragraph (4) does not applyto insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amendedto add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make aperson or organization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX {1-15) Page 2 of2 Insured Name: Conan Construction, Inc. Policy No: ,o 1 �o9s.142 Endorsement No: Effective Date: 02/23/2023 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Underwriting Company: Conlinentia!Casualty Company Copyright CNA All Rights Reserved, Includes copyrighted material of the Insurance Services Office, Inc., used w,th its permission. Commercial Auto THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the follow ing: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section ,II Paragraph A.1 .. Who Is An Insured: I. a. Any incorporated entity of which the Named Insured ow ns a majorit y of the voting stock on the date of inception of this Coverage Form; provided t hat, b. The insurance afforded by this provision A. 1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2.Any organizalio n you newly acquire or fo rm, other than a limited liability company, partnership orjoint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a.Is effective on the acquisition or fonnation date, and is afforded only until the endof the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b.Does not apply to: (11 Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2 ) Any such organization that is an insuredunder any other liabilit y "policy" providing auto coverage. 3. Any person or organization that you are required by a written cont ract to name as an additiona I insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II -WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If requiredby written contract, this insurance will be primary and non-contributory to insurance on which the additional insuredis a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that \Mere in force on the inception date of this Coverage Form but : 1. V\/hich a reno longerin force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section ,II Paragraphs A. 2 . (2) and A.2 . (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement No: Underwriting Company: ContinentialCasualty Company Policy No : 7012095339 Policy Effective Date: 02/2312023 Policy Page. I of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA 2.In a.(4 ). the limit for the loss of earnings is changed from $250 to $500 a day. C.Fellow Employee Section.II Paragraph 8 .5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage -Hitting A Bird Or Animal -Falling Objects Or Missiles The following is added to Section Ill, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section 1,1 Paragraph A.4.a. is revised, with respet:to transpotation expE11seincutrffl by you to provide: a.$60perday, in lieu of $20; subject to b.$1,800 maximum, in lieu of $600. C. Lossof Use Expenses Section Ill, Paragraph A.4 .b. is revised, with resJ,Ect to loss of use experss inrurredby you, to provide: a.$1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section Ill. ParagraphA.: 5.Hired "Autos" If Physical Damage coverag e is provid ed under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a.Any covered auto you lease, hire, rent or borrow without a driver; and b.Any covered auto hired or rented by your employee without a driver, under a contract in that individual empl9€E!'s nane, with yourpernission while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is th e actua I cash value, cost of repair, cost of replacement or $7 5,0 00, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e.Such physical damage coverage for hired autos will: (1I Include loss of use, provided it is the consequence of an accident for w hich the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per acciden.t E. Airbag Coverage Form No· CNA63359XX (04-2012) Endorsement Effective Date: Endorsement No: Underwriting Company· Continential Casualty Company Policy No· 7012095339 Policy Effective Date· 02/23/2023 Policy Page: 2 of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance SeNices Office, Inc., used with its permissio.n Thefollowing is added to Section Ill , Paragraph B.3 .: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section Ill, Paragrapl'IB.4.c and B.4 .d. are deleted and replaced by the following: c.Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrencedeductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section Ill , Paragraph B.6 .: Subject to the following, the dimin■on in value excluson does not apply to: a.Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c.Such coverage as is provided by this provision is limited to a diminutionin value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will payfor lossto a covered auto in any one accident is the lesser of: (1 ) $5.000;or (2 ) 20% of the auto' s actual cash value (ACV). Ill. Drive Other Car Coverage -Executive Officers The follow ing is added to Sections II and Ill : 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that •·executive officer" or a member of that person's household; or b. An auto used by that "execuive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. {11 Equal to the gre at est of those coverages afforded any covered auto; and (2 ) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such '"executive officers" are insured; while using a covered alto described in this provision. IV.BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim Suit Or Loss Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement No: Underwrrting Company: Continential Casualty Company Policy No 7012095339 Policy Effective Date: 02/23/2023 Policy Page: 3 of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA The following is added to Section IV, Paragraph A.2.a.: (4)Your emplo}ees may know of an accidlnt or loss. This will not mean that you have sud1 knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2. b.: (6)Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against 0th ers To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are requiredby written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization Youmust agree to that requirement prior to an accident or loss. C. Conce;jment, Misrepresentalon or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards exist ing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other lnsura,ce The following is added to Section IV, Paragraph B.5.: Regardless of the provision s of Paragraphs 5.a. and 5 .d. above, the coverage provided by tt1is policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV. Paragraph B. 7 .(5).(a). is revised to provide: a.45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the follow ing: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement No: Undeiwrit\ng Company: Contin�ntial Casualty Company Policy No: 7012095339 Policy Effective Date: 02/23/2023 Policy Page: 4 of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permisS'ln. CNA Business Auto Policy Policy Conditions II COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A.Cancellation 1.The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2.We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a.10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b.30 days before the effective date of cancellation if we cancel for any other reason. 3.We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5.If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6.If notice is mailed, proof of mailing will be sufficient proof of notice. B.Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C.Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D.Inspections And Surveys 1.We have the right to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recorr;imend changes. 2.We are not obligated to make any inspections, surveys, reports or recommendations and any suchactions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. 3.Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. Form No: IL 00 17 11 98 Policy No: BUA 7012095339 Policy Conditions ; Page: 1 of 2 Policy Effective Date: 02/23/2023 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 15 at 74 � Copyright CNA All Rights Reserved. CNA Business Auto Policy Policy Conditions 4.Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E.Premiums The first Named Insured shown in the Declarations: 1.Is responsible for the payment of all premiums; and 2.Will be the payee for any return premiums we pay. F.Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Form No: IL 00 17 11 98 Policy Conditions ; Page: 2 of 2 Underwriting Company: The Continental Insurance Company, 151 N Franklin St. Chicago, IL 60606 ° Copyright CNA All Rights Reserved. Policy No: BUA 7012095339 Policy Effective Date: 02/23/2023 Policy Page: 16 of 74 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Effective December 1, 1993 CALIFORNIA CANCELLATION ENDORSEMENT WC 04 06 01 A This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancellation: 1.You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2.We may cancel this policy for one or more of the following reasons: a.Non-payment of premium; b.Failure to report payroll; c.Failure to permit us to audit payroll as required by the terms of this policy of of a previous policy issued by us; d.Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or anyprevious policy issued by us; e.Material misrepresentation made by you or your agent; f.Failure to cooperate with us in the investigation of a claim; g.Failure to comply with Federal or State safety orders; h.Failure to comply with written recommendations of our designated loss control representatives; i.The occurrence of a material change in the ownership of your business; j.The occurrence of any change in your business or operation that materially increases the hazard for frequency orseverity of loss; k.The occurrence of any change in your business or operation that requires additional of different classification forpremium calculation; I.The occurrence of any change in your business or operation which contemplates an activity excluded by ourreinsurance treaties. 3.If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice,stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of theInformation page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) though(I), we will give you 30 days advance written notice; however, we agree that in the event of cancellation and reissuance ofa policy effective upon a material change in ownership or operations, notice will not be provided. 4.The policy period will end on the day and hour stated in the cancellation notice. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 08/09/2022 Policy No. FLA000927-06 Endorsement No. Insured Conan Construction, Inc. (a Corp) Insurance Company Falls Lake Fire & Casualty Company Countersigned by _________________ _ ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed. 4-84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.5% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver of Subrogation Schedule Job Description As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the policy to which ii is attached and is effective on the date issued unless otherwise stated (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.} Endorsement Effective 08-09-2023Insured Conan Construction, Inc. (a Corp) Policy No. 1AGCA16006969-0 Insurance Company Accredited Surety and Casualty Company,lnc. Endorsement No. -�,�Countersigned By ______ .,.:...,_ ________________ _ ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 00 45 30 STATEMENT REGARDING DEBARMENT NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Conan Construction, Inc. 1.Have you or any of your Subcontractors ever been debarred as an irresponsible Bidder by another public agency in the State of California? D YES )( NO 2.If yes, what was/were the name(s) of the public agency(ies) and what was/were the period{s) of debarment(s)? Attach additional copies of this page to accommodate more than 2 debarments. party debarred party debarred public agency public agency period of debarment period of debarment BY CONTRACTOR: By:�A, �- Shannon Maurer -President (print name/title) Page _1 __ of _1 __ pages of this Statement Regarding Debarment form END OF SECTION 00 45 30 STATEMENT REGARDING DEBARMENT Document Version: 1.0 Page 43 of 308 Date Printed: October 3, 202 3 Current Update: May 2023 00 45 35 DISCLOSURE OF DISCIPLINE RECORD NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Conan Construction, Inc. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a latent act or omission is filed within 4 years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board 2 or more times within an 8-year period? D YES )( NO 2. Has the suspension or revocation of your contractor's license ever been stayed? D YES D NO )( N/A 3. Have any Subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State License Board 2 or more times within an 8-year period? D YES )( NO 4. Has the suspension or revocation of the license of any Subcontractors that you propose to perform any portion of the Work ever been stayed? D YES D NO ):[ N/A 00 45 35 DISCLOSURE OF DISCIPLINE RECORD Document Version: 1.0 Page 44 of 308 Date Printed: October 3, 2023 Current Update: May 2023 5. If the answer to either of 1 or 3 above is "yes," fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertains to, the nature of the violation and disciplinary action taken . N/A (If needed attach additional sheets to provide full disclosure.) 6. If the answer to either of 2 or 4 above is "yes," fully identify, in each and every case, the party whose discipline was stayed, the date of and the violation that the disciplinary action pertains to, the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. N/A (If needed attach additional sheets to provide full disclosure.) Shannon Maurer -President (print name and title) END OF SECTION 00 45 35 DISCLOSURE OF DISCIPLINE RECORD Document Version: 1.0 Page 45 of 308 Date Printed: October 3, 2023 Current Update: May 2023 00 52 00 CONTRACT This Project No. 4746 ("Contract") is made and entered into this \ ()-\~ day of :::S t'l V\.,\), (I,. {~ • 2024. by and between the City of Carlsbad, California, a California municipal corporation ("Agency") and Conan Construction, Inc.. a California corporation ("Contractor"), whose principal place of business is 2870 Whiptail Loop East, Suite 225, Carlsbad, CA 92010. The parties agree: 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all the Work required in strict compliance with the Contract Documents for the following Project: NAME OF PROJECT: Calavera Hills Community Center Refurbishment The Contractor and its surety shall be liable to the Agency for any damages arising as a result of the Contractor's failure to comply with the obligation described in this Section 1. 2. TIME OF COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Agency's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within eighty (80) 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 Million, Two Hundred Seventeen Thousand Seven Hundred Fifty Dollars ($1,217,750.00). Payment shall be made as set forth in the General Conditions. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The Agency shall withhold retention as required by Public Contract Code Section 9203. 4. LIQUIDATED DAMAGES. In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay the Agency the sum set forth in Section 00 73 00 Supplemental General Provisions for each and every Calendar Day of delay beyond the time of completion prescribed in this Contract as 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 Document Version: 1.0 Page 46 of 308 Date Printed: November 15, 2023 Current Update: May 2023 Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. 5. CONTRACT DOCUMENTS. The "Contract Documents" include the following: • 00 1110 Notice Inviting Bids • 00 2110 Instructions to Bidders • 00 41 00 Bid Form • 00 42 10 Bid Bond or 00 43 20 Bid Security • 00 43 30 Proposed Subcontractors • 00 43 40 Bidder Information and Experience • 00 45 10 Non-Collusion Affidavit • 00 45 15 Iran Contracting Act Certification • 00 45 20 Public Works Contractor Registration Certification • 00 45 30 Statement of Regarding Debarment • 00 45 35 Disclosure of Discipline Record • 00 52 10 Contract • 00 6110 Labor and Materials Bond • 00 61 20 Faithful Performance and Warranty Bond • 00 61 30 Optional Escrow Agreement (if applicable) • 00 73 00 Supplemental General Provisions • Technical Specifications for the Project • All Addenda • 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 00 52 00 CONTRACT Document Version: 1.0 Page 4 7 of 308 Date Printed: November 15, 2023 Current Update: May 2023 • 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. 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the 00 73 00 Agency Supplemental General Provision s. 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. 00 52 00 CONTRACT Document Version: 1.0 {signatures on following page} Page 48 of 308 Date Printed: November 15, 2023 Current Update: May 2023 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR Sha nn Ot\ MlllA. v::r..r (print name/title) See attached By: ~ Col,ria"""'"""" !(sign here) lkltn ¼Ma¥-as (print name/title) See attached Calmia Notary Certmcate City of Carlsbad, California, a California municipal corporation By:~ 0 Keith Blackburn, Mayor ATTEST: ~~k for Sherry Freisinger, City Clerk 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 00 52 00 CONTRACT Document Version: 1.0 Page 49 of 308 Date Printed: November 15, 2023 Current Update: May 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 No V d q. Jo) 3 before me, ---XJ=ul,.,_,,ie'--'A_,_,._,V,....,e=ra=--.,.,,,M=il=le'"-J,r._,_N.,,,,,o=ta=ryJ-!-P-=u=bl=ic"-------, Date I ,4 J Here Insert Name and ~itle of the Officer personally appeared _,S...c...JhL.L..:g,"-"-'..t..L1 ...... nC.l<o ..... n_.___.,_l__:_,Vl~=-=-y,"--'-r·-=e'-'r _ __.(..(""'1'-'-►"\_,__J""'-J-_.LP ..... e"'--'-I!....!, nc...,___.KL>--"a.-'-'-t'-"'a"---'-t'-"a1-5 .... • '-- Name(s) of Signer(s) - who proved to me on the basis of satisfactory evidence to be the person(aj whose name(s) i~ subscrib~~ to the within instrument and acknowledged to me that Refshe~ executed the same in ~r/(neu¾uthorized capacity(ies), and that by l'lisfrrer~signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Julie A. Vera-Miller, Notary Public Commission Expires: January 31 , 2027 ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docume_ Cd h ¼e,,-f 60 ~ 00 Title or Type of Document: o /. C s. J f rO • c f :/t 4 7 L/ Document Date: ----PLI.L..J1---..;i,<.-..1....+~~~~-"-,....::~I-!!--=--+--__.,.;-...8-.L.I--""""""'-~ Signer(s) Other Than Named Above: ..LJ:..........,u...... ____________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited ~General □ Individual □ Attorne • c □ Trustee D §u-8 Ian or Conservator □Other:--~~----------- Sign~:;?p;'esenting: _________ _ Signer's Name:------------==-- □ Corporate Officer -Title(s): --=-==---- □ Partner -□ Limited □ Individual □ Trustee □ Ot s· orney in Fact □ Guardian or Conservator ~~"-™ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 00 6110 LABOR AND MATERIALS BOND KNOW ALL PERSONS BY THESE PRESENTS THAT: Bond No.: PPD0 IO 1907 Premium : Premium Included within Performance Bond Premium will be adjusted based on final contract price WHEREAS, the City of Carlsbad ( "Agency") has awarded to Conan Construction, Inc., a California corporation ("Principal,") a Contract for the Work described as follows: Contract No PWS24- 2283FAC Project No. 4746 Name of Project: Calavera Hills Community Center Refurbishment (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, Principal is required to furnish a bond in connection with the Contract providing that if Principal or any of its Subcontractors fail to pay (1) for any materials, provisions, provender, • equipment, or other supplies used ir\, upon, for or about the performance of the Work contracted to be done, (2) for any Work or labor of any kind performed under the Contract, (3) for amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract, or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department under Unemployment Insurance Code Section 13020 or to the Franchise Tax Board under Revenue and Taxation Code Section 18663 from the wages of employees of Principal and its Subcontractors with respect to the Work or labor, the Surety on this bond will pay for the same to the extent set forth below. NOW THEREFORE, we, Principal and Deve lopers Surety and Indemnity Com pany as Surety, are held and firmly bound unto the Agency in the penal sum of One Million, Two Hundred Seventeen Thousand Seven Hundred Fifty Dollars ($1,217,750.00), for the payment of which sum being an amount equal to 100% of the total amount payable under the terms of the Contract by the Agency, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or its Subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100; fail to pay for any materials, provisions, provender, equipment, or other supplies, used in, upon, for or about the performance of the Work contracted to be done; fail to pay for any Work or labor of any kind performed under the Contract; fail to pay amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract; or fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Ta x Board from the wages of employees of Principal or its Subcontractors pursuant to Unemployment Insurance Code Section 13020 or Revenue and Taxation Code Section 18663, with respect to the Work or labor, then the Surety will pay for the same, in an amount not exceeding the penal sum specified above, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Agency in the suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses to be fixed by the court consistent with Civil Code Section 9554. 00 6110 LABOR AND MATERIALS BOND Document Version: 1.0 Page 50 of 308 Da te Printed: November 15, 2023 Current Update: May 2023 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. This payment surety bond may be approved as to form by the Agency in counterpart, and the counterparts shall all constitute a single, original instrument. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 00 6110 LABOR AND MATERIALS BOND Document Version: 1.0 Page 51 of 308 Date Printed: November 15, 2023 Current Update: May 2023 Executed by PRINCIPAL this ___ _ day of 20 . PRINCIPAL : Conan Construction, Inc. ~drl:ctor) (s;~~ 'bnO-X"\r\an ~ef (print name here) (title and organization of signatory) Executed by SURETY this 16th day of November 20~ SURETY: Developers Surety and Indemnity Company (name of Surety) 800 Superior A venue E., 21st Floor, Cleveland, OH 4411 4 (address of Surety) (2 16) 328-62 I 6 (telephone number of Surety) (signature of Attorney-in-Fact) Cyndi Beilman (printed name of Attorney-in-Fact) (attach corporate resolution showing curre11t power of attorney) {Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached., (President or vice-president and secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney END OF SECTION 00 6110 IABOR AND MATERIALS BOND Document Version: 1.0 Page 52 of 308 Date Printed: November 15, 2023 Current Update: May 2023 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43 rd Floor. New York, NY 10038 (212) 220-7120 KNOW ALL 1:!Y THl.:SE PRESENTS that, except as expressly limited herein. COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY /\ND INDEMNITY COMPANY, do hereby make, constitute and appoint: _C.:..yn_d_i_B_e_ilm_an-',_R_e_b_e_c_ca_Ja_m_e_s_a_n_d_R_,_·1e_y_S_h_o_e_n ____________________ , of La Mesa, CA as its true and lawful Attorney-in-fact. to make. execute, deliver and acknowledge. for and on behal fof said companies. as sureties. bonds, undertakings and contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do anti to pcrfonn every act necessary, requisite or proper to be done in 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 Attorney-in-Fact, pursuant to these presents, ore hereby ratified and confirm<d. TI1is Powe, 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 ufthe following resolutions adopted by the Board of Directors ofCOREPOINTE INSURANCE COMPANY and DEVELOPERS SURl:TY 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 Executive Und~ ~. each an employee of AmTrust Nonh America, Inc .. an affiliate of the Company (the "Authorized Signors"). are hereby authorized to execute a Power of Attorney, qt1alifying attorney(s)-in-fact named in the Power of Attorney to execute, on behalf of U1e Company. bonds. t1ndcrtakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be. and each of them hereby is. authorized 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 atlixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attorney s hall be valid and binding upon the Company when so affixed and in the future with respect to any bond, u11derlaking or contract or suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTF. INSURANCE COMPANY and DEVELOPERS SURE1Y AND INDEMNITY COMPANY have caused these presents 10 be si~ by U1e At1thorized Signor and attested by their Secretary or Assistant Secretary this March 27 2023 :m,dNa~ Title: President, Surety Underwriting ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifi es only the identity of the individual who signed the document to wh ich this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STA TE OF _,C:::a::.:1 i.:..:fo:.:.r:..:n:::ia'---------COUNTY OF _,O"-'r=an"'g"'e _______ _ On tl1is ]J__ day of March , 20.n__. before me. Hoang-Quyen Phu Pham , personally SflflCMed _..,,S,ean::.;1_,Z'-'az=a _______ _ who proved 10 me on the basis of satisfactory evidence to be the person whose name is subscribed tu within U1c instrument and acknowledged 10 me that they executed the same in their authorized capacity. and that by the signature on the instrument the entities upon hchalfwhich the person acted. executed this instrument. I certily, under penalty of perjury, under the laws of the State of..:Ce.,a,,_l,,.ifo,,,nce1e.:ia,__ ________ that the foregoing paragraph is true and correct. WITNESS my hand and oflicial seal. CORPORATE CERTIFICATION ~-·······-···, • ., HOAMc;..QUYEN P. PHAM :a Notary Public · Ci1llforni~ z I Oran1e County i\! i ~ Commission # 2432970 f u u My Com;, !,xp;:.es !_K 31;?0! ·n,e undersigned. the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEM:--JITY COMl'ANY. does hereby certify that tllC provisions of the resolutions oft he respective Boards of Directors of said corporations set forth in this Power of Attorney arc in force as oflhe date of this Certification. This Ccrti fication is executed in the r.ity of Cleveland, Ohio, this March 19, 2023. ~ocuSlgned by: By: 11Y\') OJ & /)~ $ 6:6415tAOE548C ... DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1E455E6530F Clarry W. Moses. Assistant Secretary Signed and sealed this 16th day of November, 2023 POA No. _N_/_A ___ _ Ed.0323 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego } On 11/16/2023 before me, Pam Davis , Notary Public, -------'----'-----'------------------------Date Insert Name of Notary exactly as it appears on the official seal personally appeared ____ C~y~n_d_i _B_e_ilm_a_n _____ ~-~~-~-------------- Name(sl of Signer(s) '@ PAM DAVIS I : 'T COMM. #2359823 o 0 , NOTARY PU8UC-CAl.lfORN1A ~ ij • SAN DIEGO COUNTV _. 1 ' My Commission Expir89 I JUNE 1, 2025 Place Notary Seal Above 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hf:?offic~I. Signature ~-..,..,Si-gn-at-ur~e_,,of ... N~ot~ary~Pu~b=lic __________ _ OPTIONAL Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: ------------------------------- Document Date: -------------------Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ O Individual O Corporate Officer -Title(s): ________ _ 0 Partner O Limited O General ~ Attorney in Fact O Trustee O Guardian or Conservator O Other: ______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual O Corporate Officer -Title(s): ________ _ 0 Partner O Limited O General 0 Attorney in Fact O Trustee O Guardian or Conservator O Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here "" CALJFORNIA ' DEPARTMENT OF msURAIICE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Wo rkers' Compensation Complaint and Request for Action/ Appeals Contact I nformation Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative I n Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service SARAH CLEMENS DEVELOPERS SURETY AND INDEMNITY COMPANY P.O. BOX 19725 IRVINE, CA 92623-9725 Effective Date 5901 W. Century Blvd #750 Los Angeles CA 90045 Reference Information NAIC #: 12718 California Company ID#: 4606-0 Date Authorized in California: 08/30/1999 License Status: I UNLIMITED-NORMAL Company Type: II Property & Casualty State of Domicile: II CALIFORNIA back to top NAIC Group List NAIC Group#: 2538 AmTrust Financial Serv Grp Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBI LE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY back to top © 2008 California Department of Insurance SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION 00 6120 FAITHFUL PERFORMANCE AND WARRANTY BOND KNOW ALL PERSONS BY THESE PRESENTS THAT: Bond No.: PPDO IO 1907 Premium: $13,444.00 Premium will be adjusted based on final contract price WHEREAS, the City of Carlsbad ( "Agency") has awarded to Conan Construction, Inc., a California corporation ("Principal,") a Contract for the Work described as follows: Contract No PWS24- 2283FAC Project No.4746 Name of Project: Calavera Hills Community Center Refurbishment (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 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, Conan Construction, Inc., a California corporation Principal, and __ _ Developers Surety and Indemnity Company ,as Surety, are held and firmly bound unto t he Agency in the penal sum One Million, Two Hundred Seventeen Thousand Seven Hundred Fifty Dollars ($1,217,750.00), 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 severally, firmly by these presents. THE CON DITION 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, manage rs, 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 t axed 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 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 ca used 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 Principa l's or Su rety's obligations under the Contract, law or equity, including, but not limited to, Code of Civil Procedure Section 337.15. 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Document Version: 1.0 Page 53 of 308 Date Printed: November 15, 2023 Current Update: May 2023 Whenever Principal shall be, and is declared by the Agency to be, in default under the Contract Documents, the Su rety 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 ofthe 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 ir:i 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 Contract Documents shall in any way affect Surety's obligations on this bond, and Surety waives notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Document Version: 1.0 Page 54 of 308 Date Printed: November 15, 2023 Current Update: May 2023 This faithful performance and warranty surety bond may be approved as to form by the City Attorney for the Agency in counterpart, and the counterparts shall all constitute a single, original instrument. Executed by PRINCIPAL this ____ day of Executed by SURETY this __ 16_th ___ day -----------' 20_. (na c:x=-i()Y'\ B· .c-:::- (sign er S'Y)o., 0¥\C)O \.-.A,a,, &Lr€ X: (print name here) :PY---es 'd-e.c)-r- (title and organization of signatory) of November 201l_. SURETY: Developers Surety and Indemnity Company (name of Surety) 800 Superior A venue E., 2 1st Floor, Cleveland, OH 44114 (address of Surety) (216) 328-6216 (telephone number of Surety) < ~ <'c::::.? C: ~ By~---~ _________ _._( (signature of Attorney-in-Fact) Cyndi Beilman (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY ~~ putyCi0tomev END OF SECTION 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Document Version: 1.0 Page 55 of 308 Date Printed: November 15, 2023 Current Update: May 2023 POWER OF A HORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor. New York, NY I 0038 {212) 220-7120 KNOW ALL l:3Y THESE PRESENTS that, except as expressly limited herein. COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY /\ND INDEMNITY COMPANY, do hereby make, constitute and appoint: _C~yn_d_i_B_e_ilm_a_n_,_R_e_b_e_cc_a_J_a_m_e_s_a_n_d_R_i_le_y_S_h_o_e_n ____________________ , of La Mesa, CA as its true and lawful Attorney-in-Fact. lo make. execute, deliver and acknowledge, for and on behalfof said companies. as sureties, bonds, undertakings and contracts of suretyship giving and graming unto said Attorney-in-Fact full power and authority to do anc.l to perfonn every act necessary, requisite or proper to be done in 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 Allomcy-in-Fact, pursuant lo these presents, are hereby ratified and confirmed. 11,is Power of Allorney 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 ofCOREl'OINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company")on February 10, 2023 RESOLVED. that Sam Zaza President Surely Underwriting. James Bell Vjcc President Surety Underwriting. and Craig Dawson Executive Und!ffi:l'U.1!:(. Surety, each an employee of AmTrusl North America. Inc .. an affiliate of the Company (the "Authorized Signors"). are hereby authorized 10 execute a Power of Attorney, qualifying anorney(s)-in-fact named in the Power of Attorney to execute, on behalf of tl1e Company. bonds, undcrwking.1 and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be. and each of them hereby is. authorized to alltst 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 facsimile, and such Power of Attorneys hall be vulid and binding upon the Company when so affixed and in the future with respe<:t to any bond, undertaking or contract of suretyship to which it is auached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27 2023 ::,,edNa~ Title: President, Surety Underwriting ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who sigm:d the document to which this certificate is attached, and not the truth fulness, accuracy, or validity of that document. STATE OF California ------------COUNTY OF _,O""ra""n"'g~c _______ _ On this n__ day of March . 2011_, before me. Hoang-Quyen Phu Pham , personally appeared ~S=am=Z~az~a _______ _ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within O,e instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon hehalfwhich the person acted. executed this instrument. I certily, under penalty of perjury, under the laws of the State ol'--'C"'a"-1"-il'o"'r"'n,,ia:..._ ________ thal the foregoing paragraph is true and correct. WITNESS my hand and oflicial seal. ~-···········, .. HOANG-QUYEN P. P.W. : Noury Public -C11lforni1 z I Oranc• County ! Commission # 2432970 ~ u u My com;· !Xll!H :c 11, 20: t CORPORATE CERTIFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEM:--.JITY COMPANY, does hereby certify that the prov isions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. 11,is Certification is executed in the City of Cleveland. Ohio, this March 19, 2023. DocuSigned by: By: +-t.,.o .... m .... -,.-W.__...&~~ ..... S( ..... .S~-------;00◄1sl1Aoe54oc .. . Barry W. Moses, Assistant Secretary POA No. N/A ------ DocuSignEnvelopel D:3352BFD6-5E9D-4 796-837E-C 1 E455E6530F Ed. 0323 Signed and sealed this 16th day of November, 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego } On 11/16/2023 before me, Pam Davis , Notary Public, __ _;______:_c--'-C:.........::....____ ---------------------Date Insert Name of Notary exactly as it appears on the official seal personally appeared ____ C~y.__n_d_i_B_e_il_m_a_n ________________________ _ Name(s) of Signer(s) I@·-·· PAM DAVIS I .. COMM. #2359823 o ~ a NOTARY PUBLIC-CAI.IFOl!MA Ill (J , SAN DIEGO COUNTY !] I My CommiNion Explree 1 JUNE 112025 Place Notary Seal Above 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h3/1d ~fficial ~ Signature ~~ Signature of Notary Public OPTIONAL Though the information below is not required by /aw1 it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: ------------------------------- Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: ___________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner O Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here I... CALIFORNIA ' DEPARTMENT OF lllSURArmE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional I nfo Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service SARAH CLEMENS DEVELOPERS SURETY AND INDEMNITY COMPANY P.O. BOX 19725 IRVINE, CA 92623-9725 Effective Date 5901 W. Century Blvd #750 Los Angeles CA 90045 Reference I nformation INAIC #: 12718 I California Company ID #: 4606-0 I Date Authorized in California: 08/30/1999 I License Status: UNLIMITED-NORMAL I Company Type: Property & Casualty I State of Domicile: CALIFORNIA back to top NAIC Group List NAIC Group#: 2538 AmTrust Financial Serv Grp Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY back to top © 2008 California Department of Insurance SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION 00 61 30 OPTIONAL ESCROW AGREEMENT NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: _________________ _ This Escrow Agreement is made and entered into by and between the 1200 Carlsbad Village Drive, Carlsbad, California, 92008 ("Agency"), ______________ whose address is _____________________________ _ ("Contractor") and __________________ whose address is ____ _ _________________ ("Escrow Agent"). Agency, Contractor and Escrow Agent agree as follows: 1.Pursuant Public Contract Code Section 22300, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Agency pursuant to the construction contract entered into between Agency and Contractor for the Calavera Hills Community Center Refurbishment in the amount of _____ dated _____ ("Contract"). Alternatively, on written request of Contractor, Agency shall make payments of the retention earnings directly to Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Agency within 10 Calendar Days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract. Securities shall be held in Agency's name and shall designate Contractor as the beneficial owner. 2.Agency shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that Escrow Agent holds securities in the form and amount specified above. 3.When Agency makes payment of retentions earned directly to Escrow Agent, Escrow Agent shall hold them for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when Agency pays Escrow Agent directly. 4.Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of Agency. These expenses and payment terms shall be determined by Agency, Contractor, and Escrow Agent. 5.The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to Agency. 6.Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Agency to Escrow Agent that Agency consents to the withdrawal of the amount sought to be withdrawn by Contractor. 00 61 30 OPTIONAL ESCROW AGREEMENT Document Version: 1.0 Page 56 of 308 Date Printed: November 15, 2023 Current Update: May 2023 7.Agency shall have a right to draw upon the securities in the event of default by the Contractor. Upon 7 Calendar Days' written notice to Escrow Agent from Agency of a default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Agency. 8.Upon receipt of written notification from the Agency certifying that the Work required by the Contract is final and complete and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9.Escrow Agent shall rely on the written notifications from Agency and Contractor pursuant to Sections (5) to (8), inclusive, of this Escrow Agreement and Agency and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10.The names of the persons who are authorized to give written notices or to receive written notice on behalf of Agency and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For Agency Title ________________________ _ (Finance Director) Name Signature Address For Contractor Title Name Signature 00 61 30 OPTIONAL ESCROW AGREEMENT Document Version: LO Page 5 7 of 308 Date Printed: November 15, 2023 Current Update: May 2023 Address For Escrow Title Agent Name Signature Address At the time the Escrow Account is opened, Agency and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Escrow Agreement. IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above. For Agency Title Name Signature Address For Contractor Title 00 61 30 OPTIONAL ESCROW AGREEMENT Document Version: 1.0 Page 58 of 308 Date Printed: November 15, 2023 Current Update: May 2023 For Escrow Agent Name Signature Address Title Name Signature Address APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: ___________ _ Deputy City Attorney END OF SECTION 00 61 30 OPTIONAL ESCROW AGREEMENT Document Version: 1.0 Page 59 of 308 Date Printed: November 15, 2023 Current Update: May 2023 October 16, 2023 ADDENDUM NO. 1 C_cityof Carlsbad RE: CONTRACT NO. PWS24-2283FAC; CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT; PROJECT NUMBER 4746 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum must be acknowledged via PlanetBids or submitted with your bid proposal. JAN£AN 1!AWN£Y Contract Administrator LEDGE RECEIPT OF ADDENDUM NO. 1 Public Works Branch Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 October 16, 2023 ADDENDUM NO. 1 C City of Carlsbad I / I RE: CONTRACT NO. PWS24-2283FAC; CALAVERA HILLS CiMUNITY CENTER REFURBISHMENT; PROJECT NUMBER 4746 ,1· Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. _, / / This addendum must be acknowledged via Planetl}ids or submitted with your bid proposal. ., I JANEAN tlAWNff I / Contract Administrator / / ,: , / I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 , Bidder's Signature I Public Works Branch I / I / / I I / ,/ / , / ' I Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 From: No. of Pages: Date: CITY OF CARLSBAD CONTRACT NO. PWS24-2283FAC CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT PROJECT NUMBER 4746 ADDENDUM NO. 1 Addendum must be acknowledged via PlanetBids or included with your electronic response submittal Janean Hawney, Contract Administrator 442-339-2795 janean.hawney@carlsbadca.gov Public Works Branch 1635 Faraday Ave Carlsbad, CA 92008 2 (including this page) October 16, 2023 Original Bid Opening Date: Nov. 9, 2023, at 11 a.m. (unchanged) NOTICE: {city of Carlsbad This Addendum forms a part of the Contract Documents for the above identified project and may modify portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Questions and Answers: Ql. There are several places in the plans which call out indeterminate quantities; such as replacing roof sheathing or skylight curbs based on information not included in the drawings. Please provide an allowance or determinate quantity for these items; such as "replace 15% of the roof sheathing". Al. Please refer to Bid Schedule Section A-10 regarding the allowance for replacing roof sheathing. Please refer to Sheet A-101 in the permitted plans, Key Note 16, for the skylights noted on the upper roof requiring curbing. Addendum No. 1 (city ofCarlsbad Q2. What is the anticipated months for on-site construction? Obviously, with a severe El Nino headed this way, no contractor can take the risk of opening up this roof during Dec-Feb. A2. A Resolution to award the contract will go to City Council in January 2024. After contract award, City staff will coordinate with the awarded contractor to review and accept the required submittals ahead of construction starting, as well as the proposed baseline schedule. After the baseline schedule is accepted the city will issue a Notice to Proceed. The Contract Time is 80 Working Days. Q3. Are there any prequalification requirements for this project? A3. Please refer to "6. Bidder Qualifications" in Section 1, and "00 21 10 Instructions to Bidders." Q4. Are there any labor agreements required? AS. Please refer to "10. Prevailing Wage Rates and Labor Compliance" in Section 1. 06.Please advise if Builder's Risk is required. A6. Please refer to "15. Insurance Requirements." Q7. Please advise of start and end dates for the project. A7. Please see answer 2. Addendum No. 1 October 23, 2023 ADDENDUM NO. 2 C cityof Carlsbad RE: CONTRACT NO. PWS24-2283FAC; CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT; PROJECT NUMBER 4746 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum must be acknowledged via PlanetBids or submitted with your bid proposal. JANEAN 1lAWNfY Contract Administrator EDGE RECEIPT OF ADDENDUM NO. 2 Public Works Branch Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 October 23, 2023 ADDENDUM NO. 2 {city of Car,ad // / / RE: CONTRACT NO. PWS24-2283FAC; CALAVERA HILLS C,OMMUNITY CENTER REFURBISHMENT; PROJECT NUMBER 4746 // / I Please include the attached addendum in the Notice to Bipder/Request for Bids you have for the above project. This addendum must be acknowledged via PlanetBids or submitted with your bid proposal. JANEAN 1lAWNB' Contract Administrator ., I I I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature I I / I I I / I / I ,/ / / From: No. of Pages: Date: CITY OF CARLSBAD CONTRACT NO. PWS24-2283FAC CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT PROJECT NUMBER 4746 ADDENDUM NO. 2 Addendum must be acknowledged via PlanetBids or included with your electronic response submittal Janean Hawney, Contract Administrator 442-339-2795 janean.hawney@carlsbadca.gov Public Works Branch 1635 Faraday Ave Carlsbad, CA 92008 2 (including this page) October 23, 2023 Original Bid Opening Date: Nov. 9, 2023, at 11 a.m. (unchanged) NOTICE: Ccityof Carlsbad This Addendum forms a part of the Contract Documents for the above identified project and may modify portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Questions and Answers: Ql. The invite to bid states contractors holding a B license or C-39 license can bid. The work includes other scopes in addition to roofing, which would make a contractor holding only a C- 39 ineligible to take a contract from an owner per Public Building Code 7057 (b). Shouldn't this bid only allow Prime's who hold a B license to bid? (C-39 subs should bid through the Prime). Al. No. Consistent with state law, a specialty contractor, including those that hold a C-39 license for roofing, may perform work that is "incidental and supplemental" to the majority of the public works contract. Alternatively, Business and Professions Code Section 7059(b) provides that a (city ofCarlsbad Q2. This project requires $2.0M per occurrence primary General Liability limit - - -and $2.0M CSL per accident Auto Liability limit. Can an Excess Liability policy be used to meet this limit? A2. Yes, Excess can be used. We ask that the excess policy follow the form of the primary policy so there are no issues when the primary policy is exhausted. November 2, 2023 ADDENDUM NO. 3 ( City ofCarlsbad RE: CONTRACT NO. PWS24-2283FAC; CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT; PROJECT NUMBER 4746 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum must be acknowledged via PlanetBids or submitted with your bid proposal. JANEAN 1lAWNEY Contract Administrator I � E RECEIPT OF AODENDUM NO. 3 Bidd r' i nature Public Works Branch Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 November 2, 2023 ADDENDUM NO. 3 RE: CONTRACT NO. PWS24-2283FAC; CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT; PROJECT NUMBER 4746 Please include the attached addendum in the Notice to Bidder/,Request for Bids you havefor the above project. This addendum must be acknowledged via PlanetBids or submitted with your bid proposal. JANEAN 1lAWNEY Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 Bidder's Signature / / I I From: No. of Pages: Date: CITY OF CARLSBAD CONTRACT NO. PWS24-2283FAC CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT PROJECT NUMBER 4746 ADDENDUM NO. 3 Addendum must be acknowledged via PlanetBids or included with your electronic response submittal Janean Hawney, Contract Administrator 442-339-2795 janean.hawney@carlsbadca.gov Public Works Branch 1635 Faraday Ave Carlsbad, CA 92008 1 (including this page) November 2, 2023 Original Bid Opening Date: Nov. 9, 2023, at 11 a.m. (unchanged) NOTICE: C cityof Carlsbad This Addendum forms a part of the Contract Documents for the above identified project and may modify portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Clarifications: Technical Specification Section 07 4113.07, Paragraph 2.9.D.1: Revise Steel Panels and Accessories finish to Two-Coat Fluoropolymer: AAMA 621 (instead of Three-Coat Fluoropolymer: AAMA 621). 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 sha ll control. The Greenbook may be purchased at Bidder's/Contractor's local technical bookstore or directly from the publisher. These Supplemental Genera l Provisions are available only for download from the onlin e 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 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 sha ll 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 Document Version: 1.0 Page 60 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. TERMS AND DE FIN ITIONS 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. Bid Administrator -The City's designated representative for soliciting and conducting bids on the City's online bidding portal. 12. 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. 13. 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. 14. Business Day -See Working Day. 15. Calendar Day-Every day on the calendar, including weekends and holidays. 16. City -The term "City" or "the City" means, City of Carlsbad. See also Agency. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 61 of 308 Date Printed: November 15, 2023 Current Update: May 2023 17. City Council -The legislative body that governs the City of Carlsbad and has the authority to pass ordinances and appropriate funds. 18. 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. 19. City Manager -The appointed official who directs the administration of the City of Carlsbad. 20. 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. 21. Construction Manager -The City's Consultant Project Inspector and the Engineer's designated representative for the first level of appeal for informal dispute resolution. Contractor to review all work progress, monthly payment applications, monthly schedule updates and project documentation (e.g., submittals, RFl's, etc.) with Construction Manager. 22. 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." 23. Contract -The written agreement between the Agency and the Contractor covering the Work. 24. 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. 25. Contract Time -The number of Working Days to complete the Work as specified in the Contract Documents. 26. 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. 27. Critical Path -In the Construction Schedu le, the sequence of activities that represents the longest path through the Project network of activities and the shortest possible Project duration. 28. Days -Days shall mean consecutive calendar days unless otherwise specified in this Contract. 29. Defective Work -Work t hat does not conform to the Contract Documents. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 62 of 308 Date Printed: November 15, 2023 Current Update: May 2023 30. Delay Factor -The Delay Factor may be the basis for compensation for idle equipment time on an excusable delay. The factor has been ca lculated 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. 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 li ke Architects and Landscape Architects. 36. Engineering Manager -For this project, this capacity will be served by the Public Works Manager. 37. Executive Manager -The appointed official who directs the administration of the Carlsbad Municipal Water District. 38. Field Book -The Agency field maps showing sewer and water facilities. 39. 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 Co ntract 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. 40. 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. 41. Final Payment -The last payment for the Contract made to the Contractor, excl uding Retention. 42. Fleet & Facilities Project Manager -The Project Manager with the Fleet & Facilities Division and the Construction Manager's immediate supervisor and designated representative for the second level of appeal for informal dispute resolution. 43. 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. 00 73 uu AlltNLY :,uPl'LtMtN IAL lltNtKAL PKUV1:,1uN:, Document Version: 1.0 Page 63 of 308 uace Pnnceo: Novemoer 1:,, LULj Current Update: May 2023 44. Holiday -Holidays observed by the Agency are listed below: Holiday Observed On New Year's Day January 1 Martin Luther King Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September 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 fa lls 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. 45. 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. 46. Minor Bid Item -a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. 47. Night Work -See Working Night. 48. 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. 49. Notice of Completion {NOC} -A document recorded with the Co unty of San Diego to signify that the Work has been completed and accepted by the Agency. 50. Notice to Proceed {NTP} -A written notice to proceed with the work of the contract as mutually agreed in the Preconstruction Meeting. 51. Party or Parties -The Agency, the Contractor, or both, their respective permitted successors or assigns, and any other future signatories to the Contract. 52. 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. 53. Prime Contractor -See Contractor. 54. Project Site {Site) -Areas where the Work is performed pursuant to the Contract. 55. Public Works Manager -The Public Works Manager of the Fleet & Facilities Division and the Fleet & Facilities Project Manager's immediate supervisor and designated representative for the third level of appeal for informal dispute resolution. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 64 of 308 Date Printed: November 15, 2023 Current Update: May 2023 56. 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. 57. Quality Control Standards and Procedures -The standards and procedures that are stated in a written manual that can be f urnished to the Engineer upon request. The standards and procedures are followed by the Supplier in the production of materials supplied for the Work Site. 58. Red-lines -Plans with annotations of changes made during construction to reflect the actual improvements or facilities built du ring construction whether concealed or visible. 59. Retention -The amount withheld from the money due to the Contract9r in accordance with 7-3.2, "PARTIAL AND FINAL PAYMENT." 60. 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 eva luated. 61. Schedule -A Critical Path M ethod (CPM) sch edule of construction activities and their durations to be performed during the Contract Time and prepa red by the Contractor in accordance with 6-1, "CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK," and accepted by the Engineer. 62. 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. 63. Services -Work performed in connection with the layou t, 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. 64. 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. 65. Signal Pre-Check -Th e procedure t hat the City uses to evaluate traffic signal systems prior to Signal Turn-On and generating a Punchlist. 66. Signal Turn-On -The day the City activates new traffic signals. 67. Supplemental Provisions -See Agency Supplement. 68. Tonne -Also referred to as "metric ton." Represents a unit of measure in t he International System of Units equal to 1,000 kilograms. 69. Walk-through -The procedure the Agency uses to evalu ate the status of the Project and to generate a Punch list prior to acceptance of the Work. 70. Work -All labor, materials, equipment, tools, and services and other requ irements 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. 71. 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 al l work provided for in the Contract, whichever occurs first, other than: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 65 of 308 Date Printed: November 15, 2023 Current Update: May 2023 • 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. 72. Working Night (Night Work) -A period of nighttime work, allowed only on Sunday through Thursday, excluding Holidays. 73. Work Site -See Project Site (Site). ABBREVIATIONS 1-3.2 Common Usage. ADD the following: AML CADD CA MUTCD CCT CEQA CFR CGP CIPM Cl CMS CNC CRI CSA DBE DCE DG DVBE DWT EOW ESL ESO FRP GFE GMT GPS Approved Material List Computer Aided Design and Drafting California Manual on Uniform Traffic Control Devices Correlated Color Temperature California Environmental Quality Act. Code of Federa l Regulations Construction General Permit Cured-In-Place-Manhole Centerline Content Management System Database Computer Numerical Control Color Rendering Index Canadian Standards Association Disadvantaged Business Enterprise Data Computer Equipment Decomposed Granite Disab led Veteran Business Enterprise Detectable Warning Tiles Engineer of Work Environmentally Sensitive Lands Electrical Service Orders Fiberglass Reinforced Plastic Good Faith Effort Greenwich Mean Time Global Positioning System 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 66 of 308 Date Printed: November 15, 2023 Current Update: May 2023 IDA IP LCD LD LER MBE MDFT MHPA MH MIL MJ M&M MMC MOV NA NC NEPA NEXT NCHRP NOC NPDES NTP QC ODP OFNR OTDR PB PCMS PCU PEP PIC PL RFP RFI RPMS SIC SMS SMTP sow sov SPOT SSD TDR TEES International Dark Sky Association Ingress Protection Liquid Crystal Display Laser Diode Luminaire Efficiency Rating Minority Business Enterprise Minimum Dry Film Thickness Multiple Habitat Planning Area Manhole Military Mechanical Joint Maintenance and Monitoring Mitigation and Monitoring Coordination Metal Oxide Varistor Numerical Aperture Not Connected, Normally Closed National Environmental Policy Act of 1969 Near End Crosstalk National Cooperative Highway Research Program Notice of Completion National Pollutant Discharge Elimination System Notice to Proceed On Center Open Drip Proof Optical Fiber Nonconductive Riser Optical Time Domain Reflectometer Pull Box Portable Changeable Message Signs Photoelectric Control Unit Plant Establishment Period Polyethylene Insulated Cable Property Line Request for Proposal Request for Information Rubber Polymer Modified Slurry Standard Industry Classification Short Message Service Simple Mail Transfer Protocol Statement of Work, Scope of Work Schedule of Values Single Pole Double Throw Surge Suppression Devices Time Domain Reflectometer Transportation Electrical Equipment Specifications 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 67 of 308 Date Printed: November 15, 2023 Current Update: May 2023 TFFN TIG UF UPRR VAC VPC WBE Thermoplastic Flexible Fixture Wire Nylon Jacketed Tungsten Inert Gas Undergrou.nd Feeder Union Pacific Railroad Company Volts AC Vitrified Polymer Composite Women Business Enterprise 1-3.3 Institutions. ADD the following: AMTRACK ANSI AASHTO AISC ANSI API AREA ASTM AWPA AWS AWWA BNSF DSD FHWA GRI IPCEA IES ISO MTS NACE NAFP NCTD NEMA NOAA NFPA PCI SANDAG SD&AE SDTI UL USGS UPRR American Track National Railroad Passenger Corp. American National Standards Institute American Association of State Highway and Transportation Officials American Institute of Steel Construction American National Standards Institute American Petroleum Institute American Railway Engineering Association American Society for Testing and Materials American Wood Preservers Association American Welding Society American Water Works Association Burlington Northern Santa Fe Railway Development Services Department Federal Highway Administration Geosynthetic Research Institute Insulated Power Cable Engineers Association Illuminating Engineering Society {Photometric Data) International Organization for Standardization San Diego Metropolitan Transit System National Association of Corrosion Engineers National Association of Pipe Fabricators North County Transit District National Electrical Manufacturers Association National Oceanic and Atmospheric Administration {Dept. of Commerce) National Fire Protection Association Prestressed Concrete Institute San Diego Association of Governments San Diego & Arizona Eastern Railroad San Diego Trolley, Inc. Underwriters' Laboratories Inc. United States Geological Survey Union Pacific Railroad Company 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Date Printed: November 15, 2023 Current Update: May 2023 Page 68 of 308 1-6 BIDDING AND SU BM ISSION OF TH E BID 1-6.2 Subcontractor Li sting. ADD the following: Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The use of Subcontractors in no way relieves the Contractor of any obligations or responsibilities under the Contract. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in Section 4104: "(a} The name and location of the place of business of each Subcontractor who will perform Work or Labor or render service to the prime Contractor in or about the construction of the Work or improvements, or a Subcontractor licensed by the State of California who, under Subcontract to the prime Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed Drawings contained in the Plans and Specifications, in an amount in excess of one-half of 1 percent of the prime Contractor's total Bid, or, in the case of Bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime Contractor's total Bid or ten thousand dollars ($10,000}, whichever is greater." "(b} The portion of the Work which will be done by each such Subcontractor under this act. The prime Contractor sha ll list only one Subcontractor for each such portion as is defined by the prime Contractor in his Bid." If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the Work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid}, the Contractor shall be qualified to perform that portion itself, and sha ll perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the Subcontract involved, after a public hearing. 1-7 AWARD AND EXECUTION OF THE CONTRACT 1-7.1 General. DELETE in its entirety and SUBSTITUTE with the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 69 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 an d 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. 1-7.1.2Waiver 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 shal l 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). 1-7.1.4Assignment to Awarding Body. 1. In accordance with subdivision (b) of Public Contract Code Section 7103.5, the Contractor and the Contractor's Subcontractors shall conform to the following requirements: a. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or the Contractor's Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. b. This assignment shall be made and become effective at the time the awarding body tenders to the Contractor, without further acknowledgment by the Parties. 1-7.2 Contract Bonds. ADD the following: 1. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a Surety, who is authorized to issue bonds in California, and whose bonding limitation shown in the circular is enough to provide bonds in the amount required by the Contract shall be deemed approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all documents enumerated in Code of Civil Procedure Section 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 70 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 the following: 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. 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 71 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. To the extent that there is a change in the type or cost of any of such permits, fees, licenses, or inspection occurring after Award of Contract, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions. b. The Contractor shall comply with and give notices required by applicable laws. The Contractor is not entitled to damages or additional payment for delays attributable to the acquisition of permits. c. The Co ntractor 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. 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 72 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 sha ll be included in the various Bid items and no additional payment shall be made. 2-2.2 Caltrans Encroachment Permit. (This section not used) 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 shal l 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. 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 sha ll 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 schedu le 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. 2-5 THE CONTRACTOR'S EQUI PMENT AND FACILITIES 2-5.2 Te mporary Utility Services. ADD the following: 1. The Contractor shall furnish, install, maintain, and remove all temporary utility services, such as light, power, electrical, gas, and water, at its own expense for construction and maintenance activities until acceptance of Work. These include piping, wiring, lamps, and other equipment necessary for the Work. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 73 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. 2-6 CHANGES REQU ESTED BY THE CONTRACTOR ADD the following: 1. Any plan or method of work suggested to the Contractor by the Agency, but not specified or required by the Contract or Change Order, which is adopted or followed by the Contractor in whole or in part shall be done at the Contractor's sole risk and responsibility. 2. The Contract Price is not subject to adjustment for any type of tax increases after the Award. ADD the following: 2-6.1 Cost Reduction Proposal. 1. The Contractor may submit to the Engineer in writing, proposals for modifying the Plans, Specifications, or other requirements of the Contract for the sole purpose of reducing the total cost of construction. 2. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the Project such as service life, economy of operation, ease of maintenance, quality, desired appearance, or design and safety standards. 3. The following information must be included in the cost reduction proposal: a. A description of both the existing Contract requirements for performing the Work and the proposed changes. 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 proposa l. 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 74 of 308 Date Printed: November 15, 2023 Current Update: May 2023 6. The Contractor shall continue to perform the Work in accordance with the requirements of the Contract until a Change Order incorporating the cost reduction proposal has been issued. 7. The Engineer is the sole judge of the acceptability of a cost reduction proposal and the estimated net savings. In determining the estimated net savings, the Agency has the right to disregard the Contract Bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of the Work to be performed or to be deleted. 8. The Agency reserves the right to require the Contractor to share in the Agency's costs of investigating the Contractor's cost reduction proposal. When this is required, the Contractor shall indicate the Contractor's acceptance in writing allowing the Agency to deduct amounts payable to the Contractor. 9. If the Engineer accepts the Contractor's cost reduction proposal in whole or in part, the Engineer shall issue a Change Order to incorporate the changes in the Plans and Specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect. If the Engineer's approval is conditional, the Change Order shall include any conditions upon which the Engineer's approval is based. 10. The Change Order also includes the estimated net savings in the cost of performing the Work due to the accepted cost reduction proposal and provides that the Contract cost be adjusted by crediting the Agency with 50% of estimated net savings amount. 11. The Contract Time shall not be extended by the acceptance of the cost reduction proposal and the performance of the Work unless specified otherwise in the Change Order. 12. The amount specified as payable to the Contractor in the Change Order is full compensation for the cost reduction proposal and the performance of the Work. 13. The Agency expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Agency when it determines that the proposal is su itable 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 sim ilar to previously submitted proposals shall be eligible for consid eration 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 shal l have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor. 16. The Contractor shall bear all costs to revise bonds for the Project to include the cost reduction incentive proposal work. 2-7 CHANGES INITIATED BY THE AGENCY 2-7.1 General. ADD the following: 1. The Agency may change the Plans, Spec ifications, character of the Work, or quantity of Work provided the total arithmetic dollar value of all such changes, both additive and deductive, 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 75 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. 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. 2-7.2 Payment-Co ntract Unit Prices. 1. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the Work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. 2. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of the item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 2-7.3 or 2-7.4 as appropriate. 3. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the Work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 2-7.6. 2-7.3 Payment-Increases of More than 50 Percent. 1. Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2-8. The Extra Work per Section 2-8, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 76 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 Sched ule of Values. Before construction, Contractor sha ll provide a schedu le of va lues 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 hand ling. If the material is returnable, the material shall be returned, and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used in this Agency Supplement, shall be computed on the basis of Extra Work per Section 2-8. 2-8 EXTRA WORK ADD the following: 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 shal l 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: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 77 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 11, or Class Ill 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 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." 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 78 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 sha ll 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 the following: 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 sha ll 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 sha ll maintain the Schedule during any dispute proceedings. The Engineer will continue to make payments for undisputed Services and Work. 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 sha ll 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 79 of 308 Date Printed: November 15, 2023 Current Update: May 2023 7. The Engineer will consider Contractor's filed Claims, which must be detailed enough so the Engineer can determine the ba sis 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 ca use 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-a nd-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 co mmand: For claims with a monetary value of $50,000 or less: i. Construction Manager ii. Fleet and Facilities Project Manager iii. Public Works Manager For claims with a monetary value greater than $50,000: i. Construction Manager ii. Fleet and Facilities Project Manager iii. Public Works Manager iv. Engineer v. City Manager or Executive Manager 2. Consistent with Section 2-10.1.2, the Contractor shall submit a complete report within 20 Working Days after completion of the Di sputed 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 80 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 reso lution 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)(l)(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 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 sha ll schedule a meet and confer conference within 30 days for settlement of the dispute. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 81 of 308 Date Printed: November 15, 2023 Current Update: May 2023 (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 Cla im shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the Cl aim, 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 eva lu ation 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. (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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 82 of 308 Date Printed: November 15, 2023 Current Update: May 2023 (5) If a Subcontractor or a lower tier Subcontractor lacks lega l 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. Th e 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) Th e 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 Janua ry 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section sha ll 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 paym ent. Nothing in this 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 83 of 308 Date Printed: November 15, 2023 Current Update: May 2023 subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of Claims. (b){l) 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){l) For Claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written Claims within 60 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim the local agency may have against the Claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the Claimant. (3) The local agency's written response to the Claim, as further documented, shall be submitted to the Claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Claimant in producing the additional information or requested documentation, whichever is greater. (d) If the Claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the Claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shal l 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 84 of 308 Date Printed: November 15, 2023 Current Update: May 2023 Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Claimant submits his or her written Claim pursuant to subdivision (a) until the time that Claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort Claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort Claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4 The following procedures are established for all civil actions filed to resolve Claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 85 of 308 Date Printed: November 15, 2023 Current Update: May 2023 addition to payment of cost s and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de nova. (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 su it filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. Th e interest shall begin to accrue on the date the suit is filed in a court of law. 5. Although not to be construed as proceeding under Extra Work provisions, the Contractor shall keep and furnish records of disputed Work in accordance with Section 2-10. 2-10.1.2 Claim Certificat ion Submittal. 1. If the Contractor's Claim seeks an increase in the Contract Price, the Contract Time, or both, su bmit with the Claim an affidavit certifying the following: a. Th e 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. Th e amount Claimed accurately reflects the adjustments in the Contract Price, t he 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. Th e 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 Fin al Determination. 1. If the Contractor disagrees with the City M anager 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: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 86 of 308 Date Printed: November 15, 2023 Current Update: May 2023 a. Providing requested documents in a timely manner. b. Providing professional consultations. c. Attending mediations, arbitrations, depositions, trials, or any event re lated to the dispute resolution and litigation. 2-10.1.6.1 Compensation for Mandat ory 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. Reimbursement may be through any legal means necessary, including the Agency's withholding of the Contractor's payment. ADD the following: 2-10.2 Dispute Reso lution 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: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 87 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 avai lable dates. c. Appropriate fees. 4. If the parties cannot agree on a mediator, then each party sha ll 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. 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 t he following: 2-10.3 Governing Law & Foru m for Litigation. 1. This Contract shall be governed by and construed in accordance with the laws of the State of Ca lifornia. 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 al l provisions of law providing for a change of venue in these proceedings to any other county. ADD t he followin g: 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 88 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. Th e Board shall be the so le body for determination of a violation of these provisions. In any proceedings under this secti on, the Contractor, or prime Contractor, shall be entitled to a public hea ring before the Board and shall be notified 10 Calendar Days in adva nce 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 ad ministrative proceed ing to resolve the dispute. 4. The Contractor shall ensure that the Contractor's Subcontractors are appropriately licensed for the duration of the work that is performed under the Subcontracts in accordance with 2- 1, "WORK TO BE DONE." If a Subcontractor is not properly licensed, the Contractor shall cease payment to the Subcontractor for all work performed when the Subcontractor was not properly licensed. The Contractor shall return to the Agency any payment the Contractor made to a Subcontractor for work performed when the Subcontractor was not licensed. 5. Subcontractors shall be considered employees of the Contractor, and the Contractor sha ll 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 commitment s 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 89 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 sha ll 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, al l 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 al l matters covered by this Contract. Any inspection described in this Section 3-5(1) shal l 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 al l Subcontractors to this Contract shall maintain such data and records for as lorig as may be required by applicable laws and regulations. 2. The Agency may utilize consu ltants 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 build ing inspector with the Agency or with a Special Inspector. 3. The Agency may utilize a Special Inspector for inspection of specialty work and materials, whose costs the Agency will pay for unless the Contractor fails inspection. If inspections or tests reveal non-compliance with the requirements of the Contract Documents, the Contractor shall pay for all corrective measures deemed necessary by the Engineer and also pay the cost of the Agency's subsequent re-inspection and re-testing. 4. Inspections required by codes or ordinances are the Contractor's responsibility. 5. The Contractor's quality control testing and inspections are the Contractor's responsibility. Contractor shall coordinate and schedule all inspections and tests. The Contractor shall give the Engineer notice of tests and inspections made by others. At least 5 Working Days of notice shall be given for offsite inspections. The Contractor shall wait until the Engineer has responded and agreed to Contractor's schedule before scheduling test or inspections. 6. The Agency shall schedule any inspections and tests as the Agency deems necessary to ensure the Work is accomplished in accordance with the requirements of the Contract Documents (other than inspections for work performed in accordance with a permit). The Contractor is responsible for the inspection of all Work performed in accordance with the Contract Documents. 7. Contractor shall provide access in accordance with Cal-OSHA Standards as necessary. 8. Contractor shal l 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 concea l 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 90 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 sha ll 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 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 re lating 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 shal l not be assigned to a Subcontractor unless otherwise approved by the Agency in writing. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 91 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 sha ll 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 ca lled for, at no additional cost to the Agency. 3. If referenced documents have been discontinued or updated by the issuing organization, the replacement documents issued or otherwise identified by that organization shall be used or, if there are no replacement documents, the last version of the document before it was discontinued. 4. Scaled dimensions on Contract Documents are approximate. Before ordering materials or commencing the Work, the Contractor sha ll 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, shal l be removed, and disposed of by the Contractor. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 92 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 t he Contract Docu ments. 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. Agency Supplemental General Provisions (Section 00 73 00). i. Agency Supplemental Technical Provisions (Section 00 74 00). j. Standard Drawings 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. 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). I. "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 the following: 3-7.3 Red-lines and Record Documents. 3-7.3.1 General. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 93 of 308 Date Printed: November 15, 2023 Current Update: May 2023 l. 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 "red line" 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-bu ilt 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 shal l 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. 7. Payment for Record Drawings and Documents sha ll be included in the various Bid items and no additional payment will be made therefore. 3-7.3.2 Asset Specific Red-lines. 1. Utility Red-lines: Utility Red-lines shall show any changes from the Plan for the following: a. Horizontal and vertical bends b. Changes in pipe material or pressure class c. Isolation valves d. Insulating joints e. Blow off valves by stationing and offsets. f. Air vacuum valves by stationing and offsets. g. Water and recycled water meter boxes replaced. h. Water sampling stations i. Cathodic test stations j. Locations of all sewer laterals and cleanouts. k. Items abandoned in place following dewatering operation. 2. Building Red-lines: Building Red-lines shal l show any changes from the Plans for the foll owing: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 94 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. I. Locations of concealed internal utilities. m. Changes made by Change Orders. n. Details not shown on original Plans. 3. 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. 3-7.3.3 Payment. l. The payment for Red-lines Drawings shall be included in the Contract Price. ADD the following: 3-7.4 Measurement and Dimensions. 1. Scaled dimensions are approximate. Before ordering materials or commencing the Work, the Contractor sha ll 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. (This section not used) 3-8.3 Shop Drawings. ADD the following: 1. Shop Drawings shall be submitted electronically to the Agency. 3-8.4 Supporting Information. ADD the following: 1. The Contractor shall submit samples of the materials with cut sheets of the products. The Contractor shall organize cut sheets for review and approval by the Engineer prior to use on the Project and identify deviation from any of the specified material clearly, including cut sheets and samples of both the specified material and basis for the substitution. Included should be the Agency's Project Name, Project Number, and the Engineer's name, Contractor Name, and Submittal Number and clearly indicate the specific product to be used. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 95 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 ava ilable for use on the Project. 3. Test sections ("Mock ups") of materials as required in the Special Provisions shall be accepted by the Engineer before proceeding with the Work. 4. 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 sha ll 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 therefore. 3-8.6 Manufacturer's Operation, Maintenan ce, and Warranty Instruct ions. 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 (This section not used) 3-10 SURVEYING (This section not used) 3-11 CONTRACT INFORMATION SIGNS (This section not used) 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 w ith 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 96 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 w hen 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. 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 add itional 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 shal l carry out effective measures whenever and as often as necessary to prevent Contractor's operation from producing dust in amounts damaging to property, cu ltivated 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 sha ll 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 Equ ipment and Materials. 3-12.4.1 General. ADD the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 97 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 sha ll 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. 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 faci lities 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 sha ll 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 sha ll be taken to prevent spillage on haul routes. Any such sp illage shal l 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 98 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 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 shal l 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 the following: 3-12.4.3 Storage and Staging Areas. l. The City has designated a staging location in close proximity to the Project, as shown in Attachment A, that the Contractor may utilize for their use. Additional storage and stagi ng areas are the Contractor's responsibility. Th e storage and staging areas shall be as close as 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 99 of 308 Date Printed: November 15, 2023 Current Update: May 2023 possible to the Site. Contractor is responsible for obtaining any permits, leases, or any other items necessary to obtain staging areas. 2. Storage of hazardous wastes, construction equipment material, and parking and fueling of equipment shall not be allowed in the MHPA or other biologically sensitive areas. Ensure the fueling of vehicles occurs only within designated staging areas using appropriate catch basins and devices. 3. Return the storage and staging area and the adjacent area to an equal or better condition as deemed necessary by the Engineer, at no additional cost to the Agency. 4. The Contractor shall provide the Engineer a copy of the lease agreement for any property to be used for the storage of materials or equipment prior to delivery or storage of any materials or equipment. Each lease agreement shall clearly state the term of the lease and a description of the materials or equipment allowed to be stored and shall provide for the removal of the materials or equipment and restoration of the storage site within the time allowed for the Work. 5. Construction equipment sha ll 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 Co ntrols 3-12.6.2 Best Management Practices (BMPs). ADD the following: 1. Contractor shall submit a BMP plan as a subm ittal to the Agency. 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP). ADD the following: 1. The Project is expected to require a Tier 1 SWPP. The Contractor shall evaluate the requ irements 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), attached as Attachment B. 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 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. 4. 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 100 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. 3-12.6.5 Payment. DELETE in its entirety and SUBSTITUTE with the following: 1. Unless otherwise specified, payment for water pollution control, including implementation and maintenance of BMPs, shall be considered as included in the Contract Unit Price for each item in the Bid . Payment for dewatering shall be as specified in the Special Provisions. ADD the following: 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 101 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 In spection will not be scheduled until all deficiencies are completed to the satisfaction of the Inspector. 4. The Contractor shall submit a request for Final Inspection which shall include a written assertion that the Work has been completed in accordance with the Contract Documents and a written response describing the corrective Work completed for all punch list items identified in the Pre-Final inspection(s). The request for Final Inspection will not be considered without the Contractor's written response to the punch list items. The In spector 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 the following: 3-13.1.1 Requi rements Before Req uest ing 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, sea l, 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 shal l notify the Engineer to arrange a final inspection of permanent BMPs installed and shall obtain the completed, signed, and stamped DS-563 Form 30 Calendar Days prior to the issuance of the Notice of Completion. ADD the following: 3-13.1.2 Walk-through and Pu nchlist 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 102 of 308 Date Printed: November 15, 2023 Current Update: May 2023 a Walk-through for the generation of a Punch list. Contractor shall notify the Engineer at least 7 Working Days in advance of the Walk-through. 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. The Engineer shall facilitate the Walk-through. 4. Contractor shall make Plans, specifications, and technical data, such as submittals and equipment manuals, available at the Site for the Walk-through attendees. 5. 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. 6. 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. 7. 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 Punch list items have been corrected, and all operation and maintenance manuals have been accepted by the Agency. 8. 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. 9. 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, sha ll 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 Accept ance DELETE in its entirety and SUBSTITUTE with the fo llowing: 1. Acceptance of the Work will occur after al l 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: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 103 of 308 Date Printed: November 15, 2023 Current Update: May 2023 1. Contractor shall warranty and repair all defective materials and workmanship for a period of 2 years. This warranty period shall start on the date the Work was recorded by the "Notice of Completion" unless the Agency has beneficial use of the Project (excluding water, sewer, and storm drain projects}. In addition, Contractor shall warranty the Work against all latent and patent defects for a period of 10 years. The Contractor shall warranty metal finishes and joint sealant work for a period of 20 years, and fiber cement siding for 25 years. The Contractor shall warranty the upper roof system and metal roofing system for a period of 30 years, and the mechanical equipment built-up roof area for a period of 25 years, per the terms, conditions and limitations included in Attachment C -City Roof Warranty and the documents shall be signed, notarized, and returned to the City upon completion of the contract work. 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 sha ll 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 t he 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. If, during the warranty period, any item of the Work is found to be Defective Work, Contractor shal l 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 the following: 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 al l 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 104 of 308 Date Printed: November 15, 2023 Current Update: May 2023 Defective Work without notice in the event of an emergency. Contractor shal l 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 al l 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 Punch list within 30 Working Days in accordance with 6-1.1, "Construction Schedule," the Contractor shall reimburse the Agency for all costs to provide inspection services required to monitor the Contractor's Work beyond the 30 Working Days. The Agency shall bill the Contractor for the additional inspection at the Agency's established rates. 7. If the Contractor completes the Project or portions of the Project prior to NOC, the Contractor shall preserve equipment by developing and implementing a preventive maintenance program in compliance with manufacturer's recommendations. ADD the followin g: 3-13.3.2 Warra nty Format Requ irements. 1. Written warranties, except manufacturer's standard printed warranties, shall be on the Contractor's and Contractor's agents', material suppliers', installers', or manufacturers' own letterhead, addressed to and for the Agency's benefit. Submit warranties in the format described in this section, modified as approved by Engineer to suit the conditions pertaining to the warranty. 2. The Contractor shall obtain warranties, executed in triplicate by responsible Subcontractors and Suppliers, within 10 Working Days after completion of the applicable item of Work. Except for items put into use with the Engineer's permission with date mutually agreed upon in writing, ensure that the beginning time of the warranty is the Project completion date. 3. The Contractor shal l 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). (This section not used) ADD the following: 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, 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 105 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 Paym ent. 1. The payment for providing a facilitator and a workshop site shall be borne equally by the Agency and Contractor. Contractor shall pay in advance all compensation for the costs of the facilitator and for the costs of obtaining the workshop site. 2. Unless a Bid item has been provided for "Partnering," the Agency's share of such costs shall be reimbursed to Contractor as Extra Work. Markups shall not be added. Other costs associated with the Partnering relationship shall be borne separately by the party incurring the costs. ADD the following: 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 I Republic Services. 3. The Contractor shall post "No Parking" signs 72 hours in advance of the Work. The signs shal l 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. 4. Payment for public convenience shall be considered as included in the Contract Price for each item in the Bid and no additional payment will be made. ADD the following: 3-16 SITE ACTI VITIES BY THE AGE NCY OR SEPARATE CONTRACTORS 3-16.1 The Agency's Right to Award Sepa rate 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 Conl'ractor 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: LO Page 106 of 308 Date Printed: November 15, 2023 Current Update: May 2023 to Work being performed by Contractor, notify the Engineer in writing within 3 Working Days of the Engineer's notice. 3-16.2 Integ ration of t he Work with Separate Co ntractors. 1. When specified in the Contract Docu ments, 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. 3-16.3 Coordination. 1. Coordinate Contractor's activities and the Schedu le 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: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 107 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. Al l costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 4. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the Work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this Work, full compensation for such Work shall be considered as included in the prices Bid for other items of Work. 6. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. 7. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 108 of 308 Date Printed: November 15, 2023 Current Update: May 2023 whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of Work necessitating such removals. 13. When feasible, the owner is responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of Work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Contract Documents. Utilities which are relocated to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of Work necessitating such relocation. 14. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered, or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid. 15. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such Work shall be included in the Bid for the items of Work necessitating such Work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. 16. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid and will include the restoration of all existing improvements which may be affected by the relocation. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. 17. Contractor shall coordinate the Work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the Work and adjacent to the location where such utility structures are shown on the Plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of Work affected by the utility. If such temporary omission is approved by the Engineer, the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 109 of 308 Date Printed: November 15, 2023 Current Update: May 2023 the Construction Schedule. The Contractor shall notify the Engineer in writing of any subsequent changes in the Construction Schedule which will affect the time available for protection, removal, or relocation of utilities. 19. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed. 20. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing the Work correctly shown on the Plans. 21. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. 22. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible or for delays attributable to interferences, relocations, or alterations not covered by the Contract Documents. These damages for delay will be determined by the Engineer. The Agency shall not be liable for damages which could have been avoided by the judicious handling of forces, equipment, or plant. These avoidable damages will be determined by the Engineer. The Engineer may grant Contractor an extension of time for damages due to delay. 23. When necessary, the Contractor shall so conduct its operations as to permit access to the Work Site and provide time for utility work to be accomplished during the progress of the Work. 4-2 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 resu lt 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 add itional staff charges incurred. 4. Agency staff or a qualified inspection agency approved by the Engineer shall witness al l welding, lining, coating, and testing. Contractor shal l incur additional inspection costs outlined in 4-2.3, "Inspection of Items Not Locally Produced." 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 110 of 308 Date Printed: November 15, 2023 Current Update: May 2023 5. 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. 6. Welding and all testing shall be performed by certified welders and testing staff with credentials traceable in the United States. 7. 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 al l elements pertaining to the safety of persons as contained in the California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the Work or materials incorporated in the Work shall not relieve Contractor from any obligation to fulfill this Contract. 4-2.3 Inspection of Items Not Loca lly 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 111 of 308 Date Printed: November 15, 2023 Current Update: May 2023 ADD the following: 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 sha ll 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 TESTI NG ADD the following: l. 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 resu lts 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 sha ll 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. 4-4 TRADE NAMES ADD the following: l. 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 112 of 308 Date Printed: November 15, 2023 Current Update: May 2023 b. Contractor may bring forward a substitution proposal after Award that was denied based on the Engineer's failure to respond by submitting a Cost Reduction Proposal in accordance with 2-6.1, "Cost Reduction Proposal." 4. Include the following information in the request for substitution: a. Whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents to adopt the design to the proposed substitute. b. Whether or not incorporation or use of the substitute in connection with the Work is subject to the payment of any license fee or royalty. c. All variations of the proposed substitute from the items originally specified shall be identified. d. Available maintenance, repair, and replacement service requirements. The manufacturer shall have a local service agency within 50 miles (80.5 km} of the Site which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours. e. Certifications from the manufacturer or service provider that the proposed substitute shall perform the intended function adequately under the expected service conditions, achieve the results called for by the general design, and be similar and of equal substance to that indicated. 5. There is no guaranteed time frame for the Engineer's review of the substitution requests. Any lack of action on the Engineer's side within Contractor's requested time does not constitute acceptance of the substitution. 6. If, in the opinion of the Engineer, substitute items are determined to be unsatisfactory in performance, appearance, durability, compatibility with existing equipment or systems, availability of repair parts and suitability of application, the Contractor sha ll 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 113 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 EQUIPM ENT REPLACE the first paragraph with the following: All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. SECTION 5 -LEGAL RELATIONS AND RESPONSIBILITIES 5-1 LAWS AND REGULATIONS ADD the following: 1. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and prohibitions aga inst 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 Ca lifornia Department of Industrial Relations. 3. The Contractor's attention is directed to Labor Code Section 1776 which imposes responsibility upon the Contractor for t he 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 spec ifies 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 La bor 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. Th e Contractor shall obtain the written approval of the Engineer if the Contractor desires to 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 114 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 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 sha ll 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 115 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 shal l not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Agency, its officials, employees or volunteers. iv. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. Notice of Cancellation. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after 10 Calendar Days' prior written notice has been sent to the Agency by certified mail, return receipt requested. d. Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self- insured retention levels must be declared to and approved by the Agency. At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the Agency, its officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. e. Waiver of Subrogation. All policies of insurance required under this Contract shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the Agency or any of its officials or employees. f. Subcontractors. Contractor shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. Coverages for Subcontractors sha ll 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 shal l 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 116 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 Co ntract are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such ad ditional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The fu ll 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 sha ll be included in the Contractor's Bid. 5-6 PATENTS FEES AND ROYALTIES. DELETE in its entirety and SUBSTITUTE with the following: 1. Contractor shall pay, at no additional cost to the Agency, all applicable royalties and license fees arising from the Work. Contractor shall indemnify and defend all claims and lawsuits for infringement of patent, trademark, and copyright against the Agency and shall hold the Agency harmless from any loss. 5-7 SAFETY 5-7.1.1 General. ADD the following: 1. 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. 2. The Contractor sha ll erect and properly maintain at all times, as required by the conditions and progress of the Work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. ADD the following: 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 sha ll 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 117 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. (This section not used) 5-7.7 Security and Protective Devices. 5-7.7.1 General. DELETE in its entirety and SUBSTITUTE with the following: l. Security and protective devices shall consist of fencing, railing, steel plates, or other devices for the protection of workers or the public from hazards posed by open excavations or any work in progress. Security and protective devices shall remain in place until the Work is accepted. 2. Unless otherwise specified, no separate or additional payment will be made for security and protective devices. Payment shall be included in the Contract price for the various Bid items requiring such devices. ADD the following: 5-7.7.3 Playground Safety. (This section not used) 5-7.7.2 Security Fencing (This sect ion not used) 5-7.8 Steel Plate Covers (This section not used ) ADD the following: 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. 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 118 of 308 Date Printed: November 15, 2023 Current Update: May 2023 3. Contractor shall also defend and indemnify the Indemnified Parties aga inst any cha llenges 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 sha ll defend, indemnify, protect and hold the Indemnified Parties harmless from and against any dispute between Contractor and Contractor's Subcontractors if the Indemnified Parties are made a party to any judicial or administrative proceeding. ADD the following: 5-9 CONFLICT OF INTER EST 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 fam ily, business, or other relationsh ips. 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. Cont ractor shall not recommend or specify any product, supplier, or other Contractor with whom Contractor has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 6. If Contractor violates any conflict of interest laws or any of these conflict of interest provisions, the violation shall be grounds for immediate termination of this Contract. Further, 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 119 of 308 Date Printed: November 15, 2023 Current Update: May 2023 the violation subjects Contractor to liability to the Agency for all damages sustained as a result of the violation. AD D the following: 5-10 ELECTRONIC COMMUNICATI ON 1. When specified in the Contract Documents, Contractor shall post all communications addressed to the Engineer concerning construction including RFls, 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 sha ll review and act on al l communications addressed to the Contractor in the Project management website. A user's gu ide to the Project management system may be available on the City's website and sha ll be provided to Contractor at the Pre-construction Meeting. 2. The payment for electronic communications shall be included in the Contract Price. ADD the following: 5-11 STATUTORY REFERE NCES 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 COMMENCEM ENT OF TH E WO RK ADD the following: 1. A Payment for the Construction Schedule shall be included in the Contract Price and no separate payment will be made, therefore. 6-2 PROSECUTION OF WORK ADD the following: 1. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restores to usefulness all improvements existing prior to the start of the Work. 2. When a Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Agency, Contractor shall remove such Subcontractor immediately upon written request of the Agency, and shall request approval of a replacement Subcontractor to perform the Work in accordance with the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, § 4100 et seq.) at no added cost to the Agency. ADD the following: 6-2.1 Order of Work. 1. The Contractor shall incorporate the requirements of the city, utility companies or agencies having jurisdiction over the Work in accordance with 2-4 Cooperation and Collateral Work, 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 120 of 308 Date Printed: November 15, 2023 Current Update: May 2023 Agency staff. Phasing plan must be approved before Work starts. Phasing plan will be considered part of the mobilization Bid item and shall include any revisions or implementation of the Plan. ADD the following: 6-2.2 Moratoriums. (This section not used) 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 Punch list items until acceptance shall be included in the stipulated Contract Time. 3. 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. 4. Work that is required by the Engineer to occur outside of normal Work hours will be identified in the Special Provisions. 5. 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. 6. 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. 7. 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 121 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 ana lysis 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 Ti me arose from unforeseea ble 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 docu ment that stipulates the Contract Time. If Contractor does not agree with this document, Contractor shall submit to the Engineer for review a written protest supporting Contractor's objections to the document within 15 Working Days after receipt of the weekly document. Contractor's failure to file a timely protest shall constitute Contractor's accept ance of t he 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 Re port. DELETE in its entirety and SUBSTITUTE with the following: 1. Contractor's failure to file with the Engineer a written req uest and report of cause within 24 hours will be co nsidered grounds for refusal by the Agency to consider such re quest. 2. The Contractor shall provide written notice to the Engineer within 2 hours after the beginning of the delay, or when the Co ntractor has placed any workers or eq uipment 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 superviso r 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 t his section the Contractor agrees t hat 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: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 122 of 308 Date Printed: November 15, 2023 Current Update: May 2023 1. During periods when the Work is suspended, Contractor shall be prepared for any emergency Work that shall be supervised by Contractor's representative. 6-7 TERMINATION OF THE CONTRACT FOR DEFAU LT 6-7.1 General. DELETE in its entirety and SUBSTITUTE with the following: 1. Prior to the Acceptance of the Work, Contractor shall be found in default of the Contract if: a. Contractor becomes insolvent, assign Contractor's assets for the benefit of Contractor's creditors, are unable to pay Contractor's debts as they become due, or are otherwise financially unable to complete the Work. b. Contractor abandons the Work by failing to report to the Site and by failing to diligently execute the Work to completion. 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 TERMI NATIO N 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 123 of 308 Date Printed: November 15, 2023 Current Update: May 2023 f. Complete the performance of the Work not terminated. g. Take all necessary steps and actions to minimize all costs to the Agency as a result of the termination. h. Take any action that may be necessary or that the Engineer may direct for the protection and preservation of the property related to the Contract that is in Contractor's possession and in which the Agency has or may acquire an interest. 6-8.1 Termination Cost. 1. The Agency shall determine and pay Contractor the fair and reasonable amounts for Contractor's termination cost as follows: a. The Contract Price for completed services accepted by the Engineer not previously paid or adjusted for any saving of freight and other charges. b. The fair and reasonable cost of settling and paying termination settlements for terminated subcontracts that are chargeable to the terminated portion of the Contract. c. The Agency shall pay Contractor a prorated amount of profit for Work that Contractor performed. The Agency shall not pay for lost profit on Work that was not performed by Contractor. 6-8.2 Termination Settlement. 1. After termination, Contractor shal l 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 Ca lendar Days of receipt of payment. 6-8.3 Determination of Amount Due the Co ntractor. 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 Te rmination. 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 al l 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, 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: LO Page 124 of 308 Date Printed: November 15, 2023 Current Update: May 2023 microphotographs, and other authentic reproductions instead of original records and documents. 6-8.5 The Agency's Right to Terminate or Suspend for Loss of Project Funds. 1. The Agency may terminate or suspend the Contract at its sole discretion if the State of California or its agents render the funds being used to fund this Project unavailable. If the Agency chooses to suspend the Contract, that suspension shall last until funds are identified and approved by the Board, whichever is appropriate, to be used to complete this Project. If the Agency elects under this provision to terminate the Contract, then neither Party is entitled to compensation from the other Party for any costs arising from such termination. The Agency may also elect to terminate after invoking a suspension under this provision. 6-9 LIQUI DATED DAMAGES DELETE in its entirety and SUBSTITUTE with the following: l. 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 $100,000 and more Liquidated Damage Daily Amount $1,000 3. Any progress payments made to Contractor after the specified completion date shall not constitute a waiver of payment for damages sustained by the Agency under this section. ADD the following: 6-10 RIGHT TO AUDIT 6-10.1 General. 1. The Agency retains the right to review, audit, reasonably access Contractor's and all Contractor's Subcontractor's premises to review and audit Contractor's compliance with the provisions of the Contract. This includes the right to inspect, photocopy, and retain copies, outside of Contractor's premises, of all records with appropriate safeguards if such retention is deemed necessary by the Agency in its sole discretion. The Agency will keep this information in strictest confidence. 2. Contractor shall include the Agency's right to audit in its subcontracts and ensure that these specifications are binding upon all Subcontractors. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 125 of 308 Date Printed: November 15, 2023 Current Update: May 2023 6-10.2 Audit. l. The right to audit includes the right to examine any and all books, records, documents, and any other evidence of procedures and practices that the Agency determines is necessary to discover and verify that Contractor are in compliance with all requirements under the Contract. 2. If there is a claim for additional compensation or for changes in Work, the right to audit also includes the right to verify all direct and indirect costs which are claimed to have been incurred, anticipated to be incurred, or for which a claim for additional compensation or for changes in the Work have been submitted. 3. Contractor shall maintain complete and accurate records in accordance with generally accepted accounting practices in the construction industry. Contractor shal l 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. l. 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 the following: 7-2.1 Schedule of Values (SOV). 1. Submit a SOV for the lump sum Bid items of the Work to the Engineer for review and approval 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 126 of 308 Date Printed: November 15, 2023 Current Update: May 2023 4. 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. 5. The Contractor shal l break down the Work not specifically included in the Bid as necessary for establishment of cost and Schedule activity. 6. The Contractor shall update and submit these listings in conjunction with the Schedule monthly submittals. 7. 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. 8. 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. 9. 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. 10. The payment for the preparation of the SOV shall be included in the Contract Price. 7-3 PAYM ENT 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. 3. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the Notice of Completion. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 127 of 308 Date Printed: November 15, 2023 Current Update: May 2023 7-3.2 Pa rtial and Final Payment. To paragraph (5), DELETE in its entirety and SUBSTITUTE with the following: Pursuant to Public Contract Code Section 22300, Contractor sha ll have the option, at Contractor's expense, to su bstitute 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. Shou ld 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 rea sonable time such further information and details as may be required by the 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 128 of 308 Date Printed: November 15, 2023 Current Update: May 2023 Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 2. Final Payment and release of Retention shall be paid after Contractor submits the following: a. An affidavit that payrolls and bills for materials, equipment, and other indebtedness connected with the Work for which the Agency or the Agency's property might be responsible for or encumbered by. Fewer amounts withheld by the Agency shall have been paid for or otherwise satisfied. b. A certificate evidencing that insurances required by the Contract Documents sha ll remain in force after Final Payment is currently in effect and sha ll 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 sha ll be submitted before requesting the release of retention. ADD the following: 7-3.2.1 Application for Progress Payment. 1. By the 5th day of each month, sign, fill out, and submit to the Engineer a partial payment estimate that identifies acceptable Work performed during the previous month, or since the last partial payment estimate was submitted. If requested by the Engineer, provide such additional data as may be required to support the payment estimate. Such data may include submission of signed field orders and satisfactory evidence of payment for equipment, materials, and labor, including payments to Subcontractors and Suppliers. 2. For application for progress payments, Contractor shall use the format required by the Agency. An electronic copy of the invoice form is available from the Engineer upon request. Progress payments shall be signed, and the date of the invoice sha ll 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 129 of 308 Date Printed: November 15, 2023 Current Update: May 2023 ADD t he following: 7-3.2.2 Amou nt of Progress Paym ents. l. 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 materials per section 7-3.3.1.2, through the period covered by the application for payment if the payment amount before Retention does not exceed the percentage of completion of the Work as set forth in the SOV. ADD the following: 7-3.2.2.1 Progress Payment for Pipeli nes. (This section not used) ADD the following: 7-3.2.3 Waiver of Clai ms at Final Payment. 1. Contractor's acceptance of Final Payment constitutes a waiver of affirmative claims by Contractor, except those previously made in writing and identified as unsettled at the time of Final Payment, which are expressly reserved by Contractor from operation of its Release of Claims pursuant to Public Contract Code Section 7100 or other Applicable Law. ADD the following: 7-3.2.4 Withholding of Payment and Back Charge. 1. The Engineer may withhold payment for any of the following reasons: a. Defective or incomplete Work. b. Stop notices, wage orders, or other withholdings required by Applicable Law. c. Contractor's failure to comply with 5-3.3, "Payroll Records" and the Contractor Regi stration 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 ADD the following: 7-3.3.1 Payment for Stored Materials on Site. ADD the following: 7-3.3.1.1 General. 1. When authorized, Contractor may request payment for materials and equipment which has not been incorporated into the Work but will be at a later date and will be delivered and stored at the Project Site. 2. The material shal l 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 130 of 308 Date Printed: November 15, 2023 Current Update: May 2023 4. Materials cost shall be evidenced by the manufacturer's paid invoice bearing the statement that Contractor has paid all invoices in full. 5. The payments for the stored materials shall not exceed the invoice price or 60% of the Bid prices for the pay items into which the materials are to be incorporated, whichever is less, unless otherwise approved by the Engineer. 6. Apply for the payment for materials stored on a form provided by the Engineer and attach documentation to show the following: a. The amount paid on the invoice (or other record of production cost) for the stored items. b. The dollar amount of the material incorporated into each of the various Work items for the month. c. The amount that should be retained for stored materials. d. That Contractor has received the materials and equipment free and are clear of all liens, charges, secured interests, and encumbrances. e. That the materials and equipment are covered by the appropriate property insurance in accordance with the insurance provisions and other arrangements that protect the Agency's interest. 7. Contractor sha ll 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 shal l it void the right to reject materials subsequently found to be unsatisfactory in accordance with SECTION 4 -CONTRO L OF MATERIALS. This shall also not relieve Contractor of any obligation arising under the Contract Documents. 8. The payments for materials on-site are subject to retention as set forth in 7-3.2, "Partial and Final Payment." 9. Contractor shall assume all risks associated with the loss or damage to the stored products for which payment has or has not been received. 10. Equipment and materials shall be stored in accordance with manufacturer's recommendations. The stored products shall be in a form ready for installation. The Agency shall not pay for raw materials or parts and pieces of equipment. 11. Any and all surplus materials that are not incorporated in the Work shall become Contractor's property at no additional cost to the Agency. 12. Unless specifically provided in the Contract, payment for the materials on hand shall not be included when determining the percentage of Work completed. 13. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency. ADD the following: 7-3.3.1.2 Payment for Stored Materia ls Offsite. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 131 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 comp liance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipment warranties for the benefit of the Agency. 5. The cost of materials and equipment delivered but not incorporated into the Work will not be included in the progress estimate. 6. Costs associated with the delivery to and storage at an offsite facility shall be at Contractor's expense regardless of the Engineer's ap proval to deliver and store the materials. 7. Contractor sha ll 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 shal l 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 Calavera Hills Community Center Refurbishment 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 Mobilizat ion. 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 fac ilities necessary for the Work; and for all other Work and 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 132 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 sha ll 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 sha ll 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 shal l not exceed 3% of the Contract Price. If Contractor's Bid item for "Mobilization" exceeds 3% of the Contract Price, then anything above 3% of the Contract Price shall be paid as a part of the Final Payment. 4. The complete dismantling and removal of all of Contractor's properties, temporary facilities, equipment, materials, construction wastes, and personnel at the Site referred to as demobilization is included in the payment for mobilization, unless there is a Bid item for demobilization. 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 Un it Prices 7-3.5.1 General. ADD the following: 1. Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2-8. The Extra Work per Section 2-8, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 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, 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 133 of 308 Date Printed: November 15, 2023 Current Update: May 2023 ADD the following: 7-3.9 Field Orders. 1. The Agency shall pay Field Order items of the Work in accordance with the limits below if the cumulative total of Field Orders does not exceed the "Field Orders" Bid Item: Contract Price $1,000,001 to $5,000,000 Maximum Field Order Amount $10,000 ADD the following: 7-3.10 Compensation Adjustments for Price Index Fluctuations. {This section not used) 7-4 PAYMENT FOR EXTRA WORK 7-4.1 General. ADD the following: 1. With every request for payment, Contractor shall submit to the Engineer a breakdown showing monthly and cumulative amounts of the Work performed under the Change Order by Contractor and Contractor's Subcontractors. The reporting format shall be approved by the Engineer. 2. When the price for the Extra Work cannot be agreed upon, the Agency will pay for the Extra Work based on the accumulation of costs. 7-4.2 Basis for Establishing Costs. 7-4.2.1 Labor. ADD the following: 1. The costs of labor will be the actual cost for wages of workers performing the Extra Work at the time the Extra Work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from federal, state, or local laws, as well as assessments or benefits required by lawful col lective 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 shal l 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 134 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 va lue 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 Ca ltrans publication is available at www.dot.ca.gov. The delay factors therein shal l be used as multipliers of the rental rates for determining the va lue 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 entit led to a rental rate adjustment when Contractor ca n substantiat e 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 avai lable on Site or owned by Contractor. If a specific piece of eq uipment shall be rented to be used excl usively 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 eq uipment is not being used or used intermittently and could be returned to its rental source rather t han 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 sha ll 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 Engi neer, in good working condition, and suitable for the purpose for which it is to be used. 7-4.2.3 Materi als. {This section not used) 7-4.2.4 In voices. Vendors' invoices for material, equipment rental and other expen ditures 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 135 of 308 Date Printed: November 15, 2023 Current Update: May 2023 7-4.3 Markup. 7-4.3.1 Work by t he Contractor. DELETE in its entirety and REPLACE with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: Labor 20 Materials 15 Equipment Rental 15 Other Items and Expenditures 15 To the sum of the costs and markups provided for in this section, 1% shall be added as compensation for bonding. 7-4.3.2 Work by a Subcontractor. DELETE in its entirety and REPLACE with the following: When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 7-4.3.1 shall be applied to the Subcontractor's actual cost of such Work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the Extra Work and a markup of 5 percent on Work added in excess of $5,000 of the subcontracted portion of the Extra Work may be added by the Contractor. 7-4.4 Da ily 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 136 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 {This section not used) END OF SECTION 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Document Version: 1.0 Page 137 of 308 Date Printed: November 15, 2023 Current Update: May 2023 00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS (This section not used) END OF SECTION 00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Document Version: 1.0 Page 138 of308 Date Printed: November 15, 2023 Current Update: May 2023 SECTION 2 011100 SUMMARY OF WORK PART 1 GENERAL (NOT USED) PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Document Version: 1.0 Page 139 of308 Date Printed: November 15, 2023 Current Update: May 2023 0111 20 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SCOPE a. The Contract Price shall cover all Work requ ired by the Contract Docu ments. 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, an d 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 material s 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 (This section not used) 1.03 SUBM ITTAL$ 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 CAS H ALLOWANCES (This section not used) 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. 0111 20 MEASUREMENT AND PAYMENT Document Version: 1.0 Page 140 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 shal l 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 Va lues 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: M ust reflect unit price quantity and price breakdown from conformed Bid Form. 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, faci lity 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 ap propriate 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 shal l equal the Contract Price. I. 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. 0111 20 MEASUREMENT AND PAYMENT Document Version: 1.0 Page 141 of 308 Date Printed: November 15, 2023 Current Update: May 2023 b. Base estimated progress payments on initially acceptable progress schedule. Adj ust 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. 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 va lue will be based on Contract Unit Prices, completed Change Order Work. Progress payments shal l 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 rece ipt of the supplemental payment request, the Engineer sha ll, 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 011120 MEASUREMENT AND PAYMENT Document Version: 1.0 Page 142 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 su pplemental 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 Co ntractor 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 sha ll 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 t ime 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 Fina l Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 2-10, Disputed Work. f. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascert ain 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 rea sonable time such further information and details as may be required by the Engineer to determine the facts or co ntentions 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, 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 necessa ry 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, 011120 MEASUREMENT AND PAYMENT Document Version: 1.0 Page 143 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 sha ll not exceed 3% of the Contract Price. If the Bid item for "Mobilization" exceeds 3% of the Contract Price, the portion above 3% of the Contract Price shall be paid as a part of the Final Payment. 1.09 EXCAVATION AND TRENCHING (This section not used) 1.11 PIPELINES (This section not used) 1.12 SEWERS (This section not used) 1.13 PIPELINES (This section not used) 1.14 MISCELLANEOUS CONCRETE (This section not used) PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 0111 20 MEASUREMENT ANO PAYMENT Document Version: 1.0 Page 144 of 308 Date Printed: November 15, 2023 Current Update: May 2023 013100 PROJECT MANAGEMENT AND COORDINATION PART 1 CONSTRUCTION MANAGEMENT SOFTWARE 1.01 PROCORE PROJECT MANAGEMENT AND COLLABORATION SYSTEM a. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve qua lity 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 Proco re 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 wil l be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applica ble team members shall complete a free training certification co urse locat ed 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 t eam. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. Th ere 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://a pps.a pple .com/us/app/procore-construction-management/id3 7 4930542 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, RFls, submittals, schedul es, 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. Th e use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. END OF SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION Document Version: 1.0 Page 145 of 308 Date Printed: November 15, 2023 Current Update: May 2023 0132 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 sha ll be submitted to Engineer for review, as required. Submittals sha ll 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 01 32 00 SUBMITTALS Document Version: 1.0 Page 146 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 and inapplicable data crossed out. The current revision, issue number, and date shall be indicated on all Drawings and other descriptive data. f. Contractor sha ll 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 sha ll be identified as deviations on each submittal and shall be tabulated in Contractor's letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by Contractor (including modifications to other facilities that may be a result of the deviation) and all required piping and wiring diagrams. h. For electronic submittals, drawings and the necessary data sha ll be submitted electronically to Engineer as specified below. Submittal documents shall be in black and white unless color is req·uired 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 sha ll 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: l. Initial View: Bookmarks and Page 2. Magnification: Fit In Window 3. The file sha ll open to the Contractor's t ransmittal letter, with bookmarks to the left. The first bookmark shall be linked to the Table of Contents. PDF document properties shall include the submittal number for the document title and the Contractor's name for the author. i. Electronic submittal file sizes sha ll be limited to 10 MB. When multiple files are required for a submittal the least number of files possible shall be created. j. The Contractor shall post submittals and retrieve the Engineer's submittal review comments through the Engineer's (Con sulting Engineer's) Project website accessible 01 32 00 SUBMITTALS Document Version: 1.0 Page 147 of 308 Date Printed: November 15, 2023 Current Update: May 2023 through the Internet. Instruction on procedures for posting and retrieving submittals will be provided after award of the Contract. k. Facsimiles (fax) will not be acceptable. Engineer will not accept submittals from anyone but Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades. 1.02 ENGINEER'S REVIEW OF SUBMITTAL$ 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 no_t 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 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 Engin eer 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. 01 32 00 SUBMITTAL$ Document Version: 1.0 Page 148 of 308 Date Printed: November 15, 2023 Current Update: May 2023 d. Resubmittals shall be made within 30 Calendar Days of the date of the letter returning the material to be modified or corrected, unless within 14 Calendar Days Contractor submits an acceptable request for an extension of the stipulated time period, listing the reasons the resubmittal cannot be completed within that time. e. The need for more than 1 resubmittal, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Times unless delay of the Work is the direct result of a change in the Work authorized by a Change Order or failure of Engineer to review and return any submittal to Contractor within the specified review period. 1.04 COLOR SELECTION 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 equ ipment 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 sha ll be in addition to any instructions or parts lists packed with or attached to the equipment when delivered, or which may be required by Contractor. e. (Optional Paragraph) 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 01 32 00 SUBMITTALS Document Version: 1.0 Page 149 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 Consu lting Engineer, and corrected manuals resubmitted to the Engineer or Consulting Engineer. When review by the Engineer is complete, 3 copies of each electronic O&M manual shall be delivered on CD-ROM to the Engineer. Each CD shall contain only 1 copy of 1 manual. Delivery of the final O&M shall be made 30 Calendar Days prior to placing the equipment in operation. f. Al l 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. 1.06 HARD COPY OPERATIONS AND MAINTENANCE MANUALS (This section not used) 1.07 ELECTRONIC OPERATIONS AND MAINTENANCE MANUALS a. Electronic manuals shall be in Adobe Acrobat's PDF, and shall be prepared at a resol ution between 300 and 600 dpi, depending on document type. OCR capture shal l 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 t he 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. 0132 00 SUBMITTALS Document Version: 1.0 Page 150 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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} shal l be linked to be called from the parent to the specific location in the child file. The ch ild f ile shall contain bookmark entries for both major and minor headings contained in the child file. The first bookmark of any child file shall link back to the parent file and shall read as follows "Return to the Equipment Name Table of Contents," e.g., Return to the Polymer Feed System Table of Contents. 11. Drawings shall be bookmarked individually. 12. Files shall be delivered without security settings to permit editing, insertion and deletion 1.08 LABELING a. As a minimum, the following information shall be included on all final O&M manual materials, including 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. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 01 32 00 SUBMITTALS Document Version: 1.0 Page 151 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 sha ll 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 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. 1.02 PRE-CONSTRUCTION SCHEDULING CONFERENCE a. The Engineer will conduct a pre-construction scheduling conference with the Contractor to review requirements for the schedules including SOV and schedule configuration. The conference shall be conducted sufficiently early to allow the Contractor to submit the preliminary Progress Schedule within 10 Calendar Days of the Effective Date of the Contract. b. At this meeting, the Contractor shall explain in detail the proce dure to be used to develop the 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 conferen ce 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 60 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 t he period specified above for the preliminary Progress Schedule until the preliminary Progress Schedule has been accepted by the Engineer. b. The preliminary Progress Schedule shall: 0133 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 152 of 308 Date Printed: November 15, 2023 Current Update: May 2023 1. Illustrate a feasible schedule for completion of the Work within the time and milestones specified. 2. Provide an elementary example of t he schedule in the format to be used for the Progress Schedule. 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 availabi lity 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. d. When the Progress Schedu le 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. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 153 of 308 Date Printed: November 15, 2023 Current Update: May 2023 e. The Contractor shall update the Progress Schedule monthly. 1.05 ELECTRONIC PROGRESS SCHEDULE FORMAT AND REPORTING a. The Progress Schedule shall be created using Primavera P6 scheduling software. Contractor shall use Engineer's file-naming format throughout the Project. 1. Electronic schedule files sha ll 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. b. Upon contract award, the Contractor may propose to the Engineer an alternative scheduling software to Primavera P6. The alternative scheduling software is subject to the review of the Engineer. If the Engineer determines that the alternative scheduling software does not meet the requirements of these specifications and the needs of the Project, the Contractor will use Primavera P6. 1.06 COST LOADING (This section not used) 1.07 RESOURCE LOADING (This section not used) 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 co ntracts 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 SUBMITTAL$ 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: 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 154 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. 60-Calendar-Day Look Ahead Schedule: sorted by total float, early-start, early- finish; 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. e. The schedule, and look-ahead schedules shall be submitted on E (34"x44") size paper or 36" wide plots and submitted electronically in pdf format to Proco re; f. The Progress Schedule file shall be submitted in an executable format, using Primavera Project Manager format on a read-write compact disk. If an alternate scheduling software to Primavera P6 is approved for the project, the Project Schedule file shall be submitted in an executable format, using the approved software on a read-write compact disc. 1.10 MONTHLY SCHEDULE UPDATES a. Monthly Progress Schedule updates shall be submitted for the duration of the Contract on a date agreed to by the Agency, Engineer, and Contractor. If monthly Progress Schedule updates are not submitted by the due date, progress payments will be withheld until the required information is submitted. 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 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 155 of 308 Date Printed: November 15, 2023 Current Update: May 2023 such changes into the network. Submittals may be in the form of marked up networks, fragnets, or schedule abstracts, provided they are submitted with a letter of transmittal. A fragnet is defined as a sequence of new activities and/or activity revisions that are proposed to be added to the existing schedule to demonstrate how Project events have an impact on the schedule. 1.11 DATA DATE a. The data date is the re-settable date in P6 that serves as the end of a reporting period. The reporting period will be recorded on a monthly basis, e.g., January 1st through January 31st with the 31st as the data date. If required for coordination purposes by the Agency, the Engineer will provide specific data dates to be used by the Contractor. 1.12 REVIEW PROCESS a. Engineer will review Contractor's preliminary Progress Schedule and full Progress Schedule submittals within 15 Calendar Days after receipt of all required information. b. At the request of Agency or Engineer, Contractor sha ll 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 Schedu le 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. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 156 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 sc hedule. If the Contractor fails to submit the required information 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 eq uipment 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 subm it a written time impact ana lysis to the Engineer illustrating the influence of each change or delay to the current Contract Schedule completion date. Each t ime impact analysis shal l include a fragment incorporating the Change Order or delay into the Progress Schedule to demonstrate how Contractor was delayed. b. Each time impact analysis shal l 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 w ill review Contractor's time impact analysis. Contractor shall furnish suc h 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 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 157 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 equit ab le time adjustments for the activity or activities affected exceed the total or remaining float along the Critical Path at the time of actual delay. Delays in activities which are not on the Critical Path and do not affect Contract completion dates, will not be considered for an extension of time. 1.15 CAUSES FOR EXTENSIONS OF TIME a. Additional positive total float in the Progress Schedule generated by efficiencies of Agency or Contractor is a shared commodity to be reasonably used by either party, and belongs exclusively to the Project. The Contractor is not entitled to any additional compensation for completion of the Project prior to expiration of the Contract Times. b. Agency-Initiated Changes. Agency initiated changes to the Contract Work that absorb float time will not be considered for an extension of time. Agency-initiated changes that affect the Critical Path of the Progress Schedule shall be grounds for extending or shortening completion dates. Use of float time for Contractor initiated changes will require Agency's concurrence. Contractor's changes, however, shall give way to Agency- initiated changes competing for the same float time. c. Outside Contractor's Control. Events outside of the Contractor's control that affect the Critical Path of the Progress Schedule will be considered for an extension or reduction of the Contract Times. 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 ext ension 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-BU ILT SCHEDULE a. As a condition precedent to release of fina l payment, the last update to the Progress Schedule submitted shal l 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 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 158 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 an d restrictions. The following shall apply unless otherwise directed by the Engineer. 1. Schedule Options: i. Shall be defined only to "Use expected finish dates"; ii. Scheduling progressed activities to be set to "Use only retained logic," not progress override option; iii. Critical Path activities defined as Total Float less than or equal to zero; iv. Calculating start-to-start lag from "early sta rt" dates; and computing tot al float as "finish float= late finish -early finish"; v. Ca lendar to be set for scheduling relationship lag as "Predecessor Activity Ca lendar." 2. Activity progress shall be shown using Remaining Duration. Date format shall be DDMMYY. 3. Default activity type sha ll 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 sc heduling 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 (PG) 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 t he 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 PG is reserved for the Agency. Only "Activity Codes" at Proj ect Level will be permitted for Contractor use. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 159 of 308 Date Printed: November 15, 2023 Current Update: May 2023 Activity Code Phase Construction Phase Submittals Other Codes to be prescribed by Engineer or requested by Contractor for Project specific criteria. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Code Value 0005 A BC D E SUB R&A F&D Page 160 of 308 Description Construction Phase Milestones Administrative Submittals Construction Activities Closeout Phase Submittals Review & Approve Fabricate & Deliver Date Printed: November 15, 2023 Current Update: May 2023 1.19 ACTIVITY RELATIONSHIPS a. Relationships between activities shall be identified with the following information: 1. Predecessor and successor activity ID. 2. Relationship types: i. FS Finish to start ii. 55 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 SO-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 GO-hour workweek activities. Monday through Saturday. All holiday and non-work days shall be assigned to this ca lendar. 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 ca lendars to allow a seco nd 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 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 161 of 308 Date Printed: November 15, 2023 Current Update: May 2023 for rejection of the preliminary Progress Schedule or full Progress Schedule and its updates. 1.22 MANDATORY MILESTONES a. The Contract duration shall be equal to the time period between the Notice to Proceed and the completion milestone. The following milestones are mandatory. 1. Project Award Milestone 2. Notice to Proceed Milestone 3. 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 Schedu le in accordance with the Contract terms, if applicable. 1. Permit constraints 2. Faci lity shut down or outage milestone requirements 3. Applicable phasing milestones 4. Other milestones deemed appropriate by the Engineer. PART 2 EXECUTION 2-1.1 Precon struction 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 Baseline Construction Schedu le 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. 2-1.2.3 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. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 162 of 308 Date Printed: November 15, 2023 Current Update: May 2023 2-1.2.4 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 Schedu le shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, Project milestones and equ ipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for Project execution, to accurately describe the Project Work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shal l accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 2-1.2.5 Float Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 2-1.2.6 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. 2-1.2.7 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. 2-1.2.8 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. 2-1.2.9 Engineer's Review The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedu le 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 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 163 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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 shal l be grounds for termination of the Contract per Agency Supplemental General Provisions Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 Working Days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 Working Days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 2-1.2.10.1 through 2-1.2.10.3. 2-1.2.9.1 "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. 2-1.2.9.2 "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. 2-1.2.9.3 "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. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 164 of 308 Date Printed: November 15, 2023 Current Update: May 2023 2-1.3.2 Activity Percent Complete For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 2-1.3.3 Electronic M edia 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 agreed upon by the Engineer and Contractor to be used for the project 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 Ch anges 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. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 165 of 308 Date Printed: November 15, 2023 Current Update: May 2023 2-1.4.3 "Not Accepted" The Contractor must resubmit the Updated Construction Schedu le to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the Contract under the provisions of Agency Supplemental General Provisions Section 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT if the changes of t he 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 Schedu le 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 Schedu le, 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 re lease 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 33 00 CONSTRUCTION PROGRESS SCHEDULE Document Version: 1.0 Page 166 of 308 Date Printed: November 15, 2023 Current Update: May 2023 014126 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, grad ing 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 shal l provide a copy of the permit or license to the Agency prior to performing the Work requiring the permit or license. e. Contractor sha ll 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 sha ll be licensed in accordance with provisions of Chapter 9, Division 3, of the Business and Professions Code. 0141 26 PERMIT REQUIREMENTS Document Version: 1.0 Page 167 of 308 Date Printed: November 15, 2023 Current Update: May 2023 ii. City of Carlsbad Business License. i. The Agency will obtain approval for the Contractor, the following: 1. CEQA Notice of Exemption 2. NEPA documents 3. City of Carlsbad Building Permit 1.02 HAUL ROUTE PERM IT (This section not used) 1.03 TRAFFIC CONTROL PLANS (This section not used) 1.04 RAILROAD (This section not used) 1.05 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)/ GENERAL PERMIT (This section not used) 1.06 OTHER PERM IT (This section not used) PART 2 PRODUCTS (N OT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 01 41 26 PERMIT REQUIREM ENTS Document Version: 1.0 Page 168 of 308 Date Printed: November 15, 2023 Current Update: May 2023 0150 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 PAYMENT (This section not used) 1.02 FIELD OFFICE (This section not used) 1.03 WATER a. Water in reasonable amounts required for and in connection with the Work to be performed will be furnished at existing fire hydrants by Agency without charge to Contractor. Contractor shall furnish necessary pipe, hose, nozzles, and tools and shall perform all necessary labor. Contractor shall make arrangements with the appropriate water department (who will fix the time, rate, and duration of each withdrawal from the distribution system) as to the amount of water required and the time when the water will be needed. Unnecessary waste of water will not be tolerated. Special hydrant wrenches shall be used for opening and closing fire hydrants. In no case shall pipe wrenches be used for this purpose. b. All water required for and in connection with the Work to be performed will be furnished by Agency in the vicinity of the Site without charge to Contractor, provided: a. Contractor shall procure such water in the location and in the manner designated by Engineer. b. Contractor at its own expense shall make authorized connections and provide means for delivering the water to the Site. c. Contractor shall provide adequately against waste and needless use of water. 1.04 POWER a. All enclosed areas sha ll be ventilated (using forced-draft equipment when necessary) as required to maintain proper conditions for workers and the Work and to avoid any accumulation of hazardous dust or fumes. b. Power for heating, lighting, and operation of Contractor's plant and equipment in connection with the Work to be done under this Contract shall be provided by Agency without charge to Contractor, subject to the following conditions: 1. The existing heating system at each location will remain in operation and may be utilized by Contractor to the extent available. 2. Existing lighting systems at each location may be utilized by Contractor to the extent available. Any necessary additional or temporary lighting systems shall be provided by Contractor at no additional cost to Owner. 3. Contractor at its own expense sha ll make authorized connections to the existing power sources and shall extend temporary service lines to the required areas. Temporary wiring shall conform to Article 305 of the NEC. 4. Contractor sha ll at all times provide adequately against waste and needless use of power. Electrical power shall be used only in such quantities as will not interfere with Owner's requirements, and care shall be taken not to overload the existing facilities. Contractor shall provide any additional or temporary electrical power or power of other voltages it may require for prosecution of the Work. 01 50 00 TEMPORARY FACILITIES AND CONTROLS Document Version: 1.0 Page 169 of 308 Date Printed: November 15, 2023 Current Update: May 2023 c. These provisions shall not be construed as a guara ntee by Agency of the uninterrupted continuation of power, and interruptions beyond the control of Agency shall not be reason for claims for additional costs nor for extensions of time. Contractor shall provide, at no additional cost to Agency, any necessa ry power required for prosecution of the Work during such interruptions. 1.05 SANITARY FACILITI ES a. Contractor shall furnish temporary sa nitary facilities at the Site, as provided in the Contract, for the needs of all construction workers and others performing Work or furnishing services on the Project. b. Sanitary facilities shall be of reasonab le capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically treated type are used, at least 1 toilet will be furnished for each 20 persons. Co ntractor shall enforce the use of such san itary facilities by all personnel at the Site. 1.06 VO ICE AND DATA SERVICES (This section not used} 1.07 CONSTRUCTION AIDS a. Contractor shall furnish, install, maintain, and operate all construction ai ds required by it and its Subcontractors in the performance of t he Work, except as otherwise provided in the Contract. b. Contractor under Contract shall provide construction aids necessary for the performance of Work by other Contractors on the Project. Such construction aids shall be suitable for conditions encountered and shall include: 1. Elevators and hoists 2. Cranes 3. Temporary enclosures 4. Swing staging 5. Scaffolding 6. Temporary stairs c. Construction aids shall be furnished without charge to the other Contractors, and all necessary erection, maintenance, and operating personnel shall be included. In the event of conflict, the Contractor furnishing the equipment shall determine priorities in the best interest of the Project. d. The use of any plant equipment, whether furnished and installed under this Contract or not, including elevators, shop cranes, heating, ventilating, air conditioning, and plumbing fixtures, shall be only with Agency's written permission. 1.08 MAINTENANCE OF TRAFFIC a. Contractor shall conduct its Work to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, Contractor shall provide and maintain suitable and safe bridges, detours, or other temporary expedients for the 01 SO 00 TEMPORARY FACILITIES AND CONTROLS Document Version: 1.0 Page 170 of 308 Date Printed: November 15, 2023 Current Update: May 2023 accommodation of public and private travel, and shall give reasonable notice to owners of private drives before interfering with them. Such maintenance of traffic w ill not be required when Contractor has obtained permission from the Agency and tenant of private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. b. Detours. Where required by the authority having jurisdiction thereover that traffic be maintained over any Construction Work in a public street, road, or highway, and the traffic cannot be maintained on the alignment of the original roadbed or pavement, Co ntractor shall, at its own expense, construct and maintain a detour around the Co nstruction Work. Each detour shall include a bridge across the pipe trench and all necessary barricades, guardrails, approaches, lights, signals, signs, an d other devices and precautions necessary for protection of the Work and safety of the public. 1.09 BARRICADES AND LIGHTS a. All streets, roads, hi ghways, and other public thoroughfares which are closed to traffic shall be protected by effective barricades on which shall be placed acce ptable warning signs. Barricades shall be located at the nea rest intersecting public highway or street on each si de of the blocked section. b. All open t renches and other excavations shall have suitable barricades, signs, and lights to provide adequate protection to the public. Obstructions, such as material piles and equipment, shall be provided w ith similar warning signs and lights. c. All barri cades an d obstructions shall be illuminated with warning lights from sunset to su nrise. Material storage and co nduct of the Work on or alongside public streets and highways shall cause the minimum obstruction and inconvenience to the traveling public. d. All barricades, signs, lights, and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway rights-of-way, as required by the authority having jurisdiction thereover. 1.10 FENCES a. All existing fences affected by the Work shall be maintained by Contractor until completion of the Work. Fences which interfere with construction operations shall not be relocated or disma ntled until written permission is obtained from the owner of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed . Gates shall be kept closed and locked at all times when not in use. b. On completion of the Work across any tract of land, Contractor shall restore all fences to their original or to a better condition an d to their original locations. 1.11 PROTECTION OF PUBLIC AND PRIVATE PROPERTY a. Contractor shall protect, shore, brace, su pport, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by its construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, 015000 TEMPORARY FACILITIES AND CONTROLS Document Version: 1.0 Page 171 of 308 Date Printed: November 15, 2023 Current Update: May 2023 utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be re stored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. b. No trees shall be removed outside the permanent easement, except where authorized by the Engineer or Consulting Enginee r. Wheneve r practicable, Contractor shall tunnel beneath trees in yards and parking lots when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. c. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materi als, or workers to or from the Work Site or any part of it, whether by Cont ractor or its Subcontractors. Contractor shall make satisfact ory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurre d in connection with the damage. d. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. 1.12 DAMAGE TO EXISTIN G PROPERTY a. Contractor will be held responsible for any damage to existing structures, Work, materi als, or equipment because of its operations and shall repair or replace any damaged structures, Work, materials, or equipment to the satisfaction of, and at no additional cost to, Agency. b. Contractor shall protect al l existing structures and property from damage and shall provide bracing, shoring, or other work necessary for such protection. c. Contractor shall be responsible for all damage to streets, roads, curbs, sidewalks, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property, which may be caused by transporting equipment, materials, or workers to or from the Work Site. Contractor shall make satisfactory and acceptable arrangements with the agency having jurisdiction over the damaged property concerning its repair or replacement. 1.13 TREE AND PLANT PROTECTION a. All trees and other vegetation which must be removed to perform the Work shall be removed and disposed of by Contractor; however, no trees or cultured plants shall be unnecessa rily removed unless their removal is indicat ed on the Drawings. All trees an d plants not removed shall be protected against injury from construction operations. b. Trees considered by Engineer to have any significant effect on construction operations are indicated on the Drawings and those which are to be prese rved are so indicated. 01 SO 00 TEMPORARY FACILITIES AND CONTROLS Document Version: 1.0 Page 172 of 308 Date Printed: November 15, 2023 Current Update: May 2023 c. Contractor shall take extra measures to protect trees designated to be preserved, such as erecting barricades, trimming to prevent damage from construction equipment, and installing pipe and other Work by means of han d excavation or tunneling methods. Such trees shall not be endangered by stockpiling excavated material or storing equipment against their trunks. d. When injuring or removal of trees designated to be preserved cannot be avoided, or when removal and replacement is indicated on t he Drawings, each tree injured beyond repair or removed shall be replaced with a similar t ree of the nearest size possible. e. All trimming, repair, an d replacement of trees and plants shall be performed by qualified nursery workers or horticulturists. 1.14 SECURITY a. Contractor shall be responsible for protection of the Site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. b. No claim shall be made against Agency by rea son of any act of an em ployee or trespasser, and Contractor shall make good all damage to Agency's property resulting from Contractor's failure to provide security measures as specified. c. Security measures shall be at least equal to those usually provided by Agency's to protect Agency's existing facilities during normal operation, but sha ll also include such additional security fencing, barricades, lighting, wa tchman services, and other measures as required to protect the Site. 1.15 ACCESS ROADS (This section not used) 1.16 PARKING a. Contractor shall provide an d maintain suitable parking areas for the use of all workers and others performing Work or furnishing services in connection wit h the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Agency's operations, or construction activities. 1.17 NOISE CONTROL a. Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound leve ls in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound- muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. b. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct its operations to avoid unnecessary noise which might interfere with the activities of building occupants. 015000 TEMPORARY FACILITIES AND CONTROLS Document Version: 1.0 Page 173 of 308 Date Printed: November 15, 2023 Current Update: May 2023 1.18 DUST CONTROL a. Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. b. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument pane ls, or similar eq uipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. 1.19 TEMPORARY DRAINAGE PROVISIONS a. Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the Site in performance of the Work. Dra inage facilities shall be adequate to prevent damage to the Work, the Site, and adjacent property. b. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Agency's facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. 1.20 EROSION CONTROL a. Contractor shall prevent erosion of soil on the Site and adjacent property resu lting from its construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that will disturb the natural protection. b. Work shall be scheduled to expose areas subject to erosion for the shortest possible time, and natural vegetation shall be preserved to the greatest extent practicable. Temporary storage and construction bu ildings sha ll be located, and construction traffic routed, to minimize erosion. Temporary fast-growing vegetation or other suitable ground cover shall be provided as necessary to control runoff. 1.21 POLLUTION CONTROL a. Contractor shall prevent the pol lution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities. No sanitary wastes sha ll be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris, or other substance shall be permitted to enter sanitary sewers, and reasonable measures sha ll be taken to prevent such materials from entering any drain or watercourse. 1.22 PEST AND RODENT CONTROL a. At the time of acceptance, structures renovated under the Contract sha ll be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be 0150 00 TEMPORARY FACILITIES AND CONTROLS Document Version: 1.0 Page 174 of 308 Date Printed: November 15, 2023 Current Update: May 2023 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. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 015000 TEMPORARY FACILITIES AND CONTROLS Document Version: 1.0 Page 175 of 308 Date Printed: November 15, 2023 Current Update: May 2023