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K. CARB COMPLIANCE <br />The California Air Resources Board ("CARB") implemented amendments to the In -Use Off - <br />Road Diesel -Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 <br />and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and <br />other forms of equipment used in California. A copy of the Regulation is available at <br />https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa- l .pdf <br />Bidders are required to comply with all CARB and Regulation requirements, including, <br />without limitation, all applicable sections of the Regulation, as codified in Title 13 of the <br />California Code of Regulations section 2449 et seq. throughout the duration of the Project. <br />Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most <br />recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide <br />valid CRCs as required herein may render the Bid non -responsive. <br />1. Instructions to Bidders: The City is a Public Works Awarding Body, as defined <br />under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, <br />Bidders must submit, with their Bids, valid Certificates of Reported Compliance <br />("CRC") for the Bidder's fleet and for the fleet(s) of its listed subcontractors <br />(including any applicable leased equipment or vehicles). Bidder must additionally <br />complete and submit the Fleet Compliance Certification, included in the Bid <br />Documents. Failure to provide a CRC for the Bidder, and for all listed <br />subcontractors, or failure to complete the Fleet Compliance Certification, may <br />render the Bid non -responsive. <br />2. General Conditions: Contractor shall comply, and shall ensure all subcontractors <br />comply, with all applicable requirements of the most current version of the <br />regulations imposed by California Air Resources Board ("CARB") including, <br />without limitation, all applicable terms of Title 13, California Code of Regulations <br />Division 3, Chapter 9 and all pending amendments ("Regulation"). <br />Throughout the Project, and for three (3) years thereafter, Contractor shall make <br />available for inspection and copying any and all documents or information <br />associated with Contractor's and its subcontractors' fleets including, without <br />limitation, the Certificates of Reported Compliance ("CRCs"), fuel/refueling <br />records, maintenance records, emissions records, and any other information the <br />Contractor is required to produce, keep or maintain pursuant to the Regulation upon <br />two (2) calendar days' notice from the City. <br />Contractor shall be solely liable for any and all costs associated with compliance <br />with the Regulation as well as for any and all penalties, fines, damages, or costs <br />associated with any and all violations, or failures to comply with the Regulation. <br />Contractor shall defend, indemnify and hold harmless the City, its officials, officers, <br />employees and authorized volunteers free and harmless from any claims, liabilities, <br />costs, penalties or interest arising out of any failure or alleged failure to comply with <br />the Regulation. <br />City of Santa Ana RFP 23-182 <br />Page 8 <br />