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CITY OF SANTA ANA <br />SPECIFICATIONS <br />PROJECT NO.: 25-6030 <br />TRAFFIC SIGNAL INSTALLATION AT SEGERSTROM AVENUE AND ROSEWOOD <br />AVENUE <br />relieve him or any person from the duty of exercising due care. The Contractor shall take all <br />necessary precautions for safe operation of his/her equipment and the protection of the public from <br />injury and damage from such equipment. <br />Contractor shall comply, and shall ensure all subcontractors comply, with all applicable <br />requirements of the most current version of the regulations imposed by California Air Resources <br />Board (CARB) including, without limitation, all applicable terms of Title 13, California Code of <br />Regulations Division 3, Chapter 9 and all pending amendments (Regulation). <br />Throughout the Project, and for three (3) years thereafter, Contractor shall make available for <br />inspection and copying any and all documents or information associated with Contractor's and its <br />subcontractors' fleets including, without limitation, the Certificates of Reported Compliance <br />(CRCs), fuel/refueling records, maintenance records, emissions records, and any other information <br />the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) <br />calendar days' notice from the City. <br />Contractor shall be solely liable for any and all costs associated with compliance with the <br />Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all <br />violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold <br />harmless the City, its officials, officers, employees and authorized volunteers free and harmless <br />from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure <br />to comply with the Regulation. <br />2-8 EXTRA WORK <br />Add the following to this subsection: <br />The contractor shall proceed with extra work only upon written order from the Engineer. <br />2-10 DISPUTED WORK <br />Delete the first paragraph and replace it with the following: <br />If the Contractor considers any work demanded of him to be outside the requirements of the <br />contract, or if he considers any instruction, ruling or decision of the Engineer to be unfair, he shall <br />within ten days after any such demand is made or instruction, ruling or decision is given, file a <br />written protest with the Engineer, stating clearly and in detail his objections and reasons therefore. <br />Except for such protests and objections as are made of record, in the manner and within the time <br />above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for <br />extra work, damages, and extensions, rulings and decisions of the Engineer. <br />Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, <br />instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of <br />his final decision, which shall be binding on all parties, unless within the ten working days <br />thereafter the Contractor shall file with the Executive Director of the Public Works Agency of the <br />City of Santa Ana a formal protest against said decision of the Engineer. The Executive Director <br />of the Public Works Agency of the City of Santa Ana shall consider and render a final decision on <br />any such protest within 30 days of receipt of same. <br />Co <br />