2023-10-17; City Council; 03; Approval of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for the Traffic Calming Plans for Victoria Avenue, Highland Drive, Nueva — Carlsbad City Council, October 17, 2023 (part 1 of 3)

CA Review GH
Meeting Date: Oct. 17, 2023
To:

Fr
om:

Sta
ff Contact:

Mayor and City Council
Sc
ott Chadwick, City Manager
Joh
n Kim, City Traffic Engineer
[email protected], 442-339-2757
Subject: Approval of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for the Traffic Calming Plans for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive
Districts: 1, 2 & 4
Recommended Actions:

Adopt a resolution approving the plans, specifications and contract documents and authorizing the City Clerk to advertise for bids for implementing the traffic calming plans for Victoria A
venue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive.

Executive Summary
Traffic safety is a top priority for the City of Carlsbad. To address speeding concerns on residential streets, the city created the Carlsbad Residential Traffic Management Program. The program is designed to address traffic-related concerns on residential streets through a variety of traffic calming tools.

Staff have collaborated with residents on V ictoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive to develop traffic calming plans as outlined in the program.

These plans are to slow traffic down by installing speed cushions, which are smaller than speed bumps and designed so that drivers can travel over them comfortably at 20 mph. All the traffic calming plans for these streets – which have met the criteria for neighborhood support as outlined in the program. A location map is provided as Exhibit 3.

The City Council’s approval is required to implement these plans under the program’s project approval process. The plan states that, “a duly noticed public meeting will be held by the City Council to receive the recommendations of the Traffic Safety Commission for Phase II implementation.”1
1 The Traffic Safety Commission was renamed the Traffic & Mobility Commission in 2019, and the Traffic Safety & Mobility Commission this year.

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Discussion
Program overview
The Carlsbad Residential Traffic Calming Program, which the City Council adopted in 2001 and was revised in 2011, is a three-phase program that offers solutions at increasing levels of cost and complexity, as shown in Exhibit 2.

Phase I: The initial phase of the program focuses on education, enforcement and engineering strategies:
• Police presence and police enforcement
• Engineering tools such as speed limit signs, warning signs, pavement legends and temporary speed feedback signs
Phase II: If Phase I tools do not solve the concerns and the minimum critical speed of the street is 32 mph, staff will meet with residents to design a plan that will address community concerns.

The critical speed of the roadway, which is also known as the “85th percentile speed,” is the speed at which 85% of the drivers are traveling at or below on a roadway segment. Motorists traveling above the 85th percentile speed are considered to be exceeding the safe and reasonable speed for road and traffic conditions.

Traffic calming strategies can include such features as:
• Speed cushions
• Traffic circles
• Narrowing lanes through striping
• Curb extensions
Ph ase II uses a public input process, including neighborhood meetings, to establish community consensus on a preferred traffic calming concept plan. A survey is mailed out to quantify community support of the preferred plan. If community support requirements are satisfied, the preferred traffic calming plan is presented to the Traffic Safety & Mobility Commission for its input and recommendation and then to the City Council for project approval. Upon approval by the City Council, the approved traffic calming plan can be implemented.

Phase III: If the implemented Phase II solutions do not adequately address the reported issues, residents can request Phase III of the program, which considers further traffic calming strategies such as:
• Center island narrowing
• Raised intersections
• A lateral shift in lanes
• Realigned intersections
• Forced turn channelization
• Median barriers and traffic diverters
Because of the success of the P hase II measures, Phase III has not yet been requested or implemented on any street in the city since the traffic calming program was adopted in 2001.

Current tr affic calming projects
Staff received concerns from residents about speeding on Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive. In response to these speeding concerns, staff initiated the Residential Traffic Management Program’s Phase I process by deploying Oct. 17, 2023
Item #3 Page 2 of 79

temporary speed feedback signs on these streets, as shown in Exhibit 3. The temporary speed feedback signs are typically deployed for a two-week period and serve a dual-purpose: to collect speed data with the display off and to educate drivers of their traveling speeds with the display on.

The measured critical speed for each of these streets are summarized in the table below. The critical speeds measured on these streets meet the minimum 32 mph threshold to be eligible for Phase II of the program.

Measured critical speed
Street Street limits Critical speed
Victoria Avenue Pontiac Drive to Carlsbad Village Drive 32 mph Highland Drive Carlsbad Village Drive to Buena Vista Way 32 mph Nueva Castilla Way La Costa Avenue to Levante Street 38 mph Circulo Sequoia Avenida Diestro to Avenida Amapola (northern segment) 33 mph (max) Celinda Drive Carlsbad Village Drive to Chestnut Avenue 33 mph

Special co nsiderations for Circulo Sequoia project limits Circulo Sequoia is an approximately 1.3-mile looped roadway within the La Costa Oaks community. It intersects La Costa Avenue, Avenida Amapola and Avenida Diestro. Speed data collected along three segments of Circulo Sequoia showed the critical speeds on those segments, as shown below, measured during the Phase I evaluations:

Circulo Sequoia segments

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Circulo Sequoia critical speeds
Segment Segment limits Critical speed
1 La Costa Avenue to Avenida Amapola 31 mph
2 Avenida Amapola to Avenida Diestro 28 mph
3 Avenida Diestro to La Costa Avenue 33 mph

The critical speed measured for segment 3 of Circulo Sequoia (between Avenida Diestro and La Costa Avenue) exceeded the 32-mph threshold for Phase II, but the critical speeds on segments 1 and 2 did not. Based on conversations with the La Costa Oaks Homeowners Association board members and other residents, and considering the speed measurements, staff have agreed to include segments 1 and 3 as part of the Circulo Sequoia study area, but not Segment 2, because residents indicated speeding is not a concern in Segment 2. Though Segment 1 (between La Costa Avenue and Avenida Amapola) also did not meet the minimum critical speed, residents indicated speeding has been observed due to the grade of the street and asked staff to include it in the project.

Neighborhood meetings
Neighborhood meetings were conducted for each of these streets with residents within each project area to discuss potential traffic calming strategies and to receive feedback from residents on the traffic calming concept plans that staff had developed for consideration. In collaboration with the meeting attendees, staff developed a preferred traffic calming concept plan at each of the neighborhood meetings. A summary of the neighborhood meetings conducted as well as the preferred traffic calming improvements for each of the five streets are shown below:

Neighborhood meetings
Street Limits Date Preferred traffic
calming improvements
Victoria Avenue Pontiac Drive to
Carlsbad Village Drive Nov. 1, 2022 4 speed cushions
Highland Drive Carlsbad Village Drive to
Buena Vista Way Nov. 10, 2022 3 speed cushions
Nueva Castilla Way La Costa Avenue to Levante
Street Dec. 1, 2022 3 speed cushions
Circulo Sequoia
Camino Junipero to
Chestnut Avenue (northern
segment)
Dec. 8, 2022 11 speed cushions
Celinda Drive Carlsbad Village Drive to
Chestnut Avenue
Dec. 14, 2022 10 speed cushions
Feb. 28, 2023* 5 speed cushions
* Virtual meeting

Additional meeting for Celinda Drive
For Celinda Drive, a preferred traffic calming concept plan consisting of 10 speed cushions was supported by most of the attendees at the Dec. 14, 2022, meeting. However, after the neighborhood meeting, multiple residents on Celinda Drive emailed staff via email about their Oct. 17, 2023
Item #3 Page 4 of 79

concern that 10 speed cushions on Celinda Drive was excessive and requested that an alternative plan with fewer speed cushions on Celinda Drive be developed.

In response to these requests and concerns, staff developed an alternate plan with five speed cushions and presented the two concept plans, the original plan with 10 speed cushions and the alternate plan with five speed cushions, to the community at a second neighborhood meeting, which was conducted on a virtual platform on Feb. 28, 2023. At the meeting, residents provided their feedback on the two traffic calming concept plans. Most of the meeting attendees said they would be more comfortable with the alternate plan with five speed cushions. Based on the feedback received at the meeting, staff moved forward with the traffic calming plan with five speed cushions for Celinda Drive.

Mail survey
After a preferred traffic calming concept plan was identified for each of the five streets, letters were sent to the residents and property owners that would have the proposed features directly in front of their homes. This gives residents and property owners another opportunity to express specific concerns and for staff to adjust the plan, if necessary. Based on the comments received, staff then finalized the preferred traffic calming plans for the five streets.

The Residential Traffic Management Program requires that most residents and property owners within the project area support the preferred plan, as determined by responses to a mailed survey. The survey is considered valid if 50% or more of the residents and non-resident owners return the completed survey. Positive support for the plan is indicated by 67% or more of the returned surveys in support of the preferred plan. The survey results for the five streets met the requirements outlined in the traffic management program, as shown in the table below:

Traffic calming plan survey results
Street

Surveys
sent out

Surveys
returned
Response
rate
Number in
support
Support
rate
Met
support
criteria?
Victoria Avenue 31 23 74% 18 78% Yes
Highland Drive 38 22 59% 21 95% Yes
Nueva Castilla Way 29 19 66% 18 95% Yes
Circulo Sequoia 91 61 67% 46 75% Yes
Celinda Drive 165 96 58% 64 67% Yes

Traffic and Mobility Commission Recommendation
On June 5, 2023, staff presented the results of the traffic calming program process for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive to the Traffic & Mobility Commission. After hearing staff’s presentation and public comments, the Traffic & Mobility Commission voted 6/0/1, with Commissioner Proulx absent, in support of the traffic calming plans for all five of these streets, as shown in Exhibit 4.

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Item #3 Page 5 of 79
Fiscal Analysis
Sufficient funding is available in the Traffic Improvement Program, Capital Improvement Program Project No. 6070, to complete the project. The available funds and estimated construction costs are shown in the following table:

Traffic Improvement Program
Capital Improvement Program Project No. 6070
Total appropriation to date $3,388,000
Total expenditures and encumbrances to date -$2,364,352 Total available balance $1,023,648
Traffic Calming for Victoria Avenue, Highland Drive,
Nueva Castilla Way, Circulo Sequoia and Celinda Drive
Capital Improvement Program Project No. 6070
Construction contract (engineer’s estimate) -$164,000
Construction contingency (estimated) -$24,600
Construction management, inspection and material testing (estimated) -$24,600 Total estimated construction costs -$213,200
Remaining balance $810,448
Additional appropriation needed $0
Carls
bad Municipal Code Sections 3.28.040(C)(5) and 3.28.090(B) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of project award, which for this project is $24,600.

Next Steps
Upon the City Council’s approval, the City Clerk will advertise a request for bids for the project.

Staff will review and evaluate the bids received and will identify the lowest responsive and responsible bidder.

Staff will then return to the City Council with a recommendation to award a construction contract to the identified lowest responsive and responsible bidder, which is expected to be in early 2024. Construction is expected to begin by spring 2024.

Environmental Evaluation
The City Planner has determined that the project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301(c), which covers the repair of existing public structures and facilities involving negligible or no expansion.

Exhibits

1. City Council resolution

2. Carlsbad Residential Traffic Management Program

3. Location map

4. June 5, 2023, Traffic & Mobility Commission Meeting Minutes

5. Project plans, specifications and cont ract documents (on file at the O ffice of the City Clerk) Oct. 17, 2023
Item #3 Page 6 of 79
RESOLUTION NO. 2023-263

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, APPROVING THE PLANS, SPECIFICATIONS AND CONTRACT

DOCUMENTS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS

FOR IMPLEMENTING THE TRAFFIC CALMING PLANS FOR VICTORIA AVENUE,

HIGHLAND DRIVE, NUEVA CASTILLA WAY, AND CIRCULO SEQUOIA WHEREAS, the City Council of the City of Carlsbad, California has determined that the plans, specifications and contract documents for traffic calming at Victoria Avenue, Highland Drive, Nueva Castilla Way, and Circulo Sequoia, Capital Improvement Program, or CIP, Project No. 6070, or Project, have been completed to the satisfaction of staff; and
WHEREAS, on May 8, 2001, the City Council adopted Resolution No. 2001-139, approving the Carlsbad Residential Traffic Management Program, or CRTMP, to provide the policies and guidelines for traffic management on residential public streets; and WHEREAS, on May 24, 2011, the City Council adopted Resolution No. 2011-115, amending the CRTMP; and
WHEREAS, the CRTMP requires the City Council to hold a "duly noticed public meeting ... to receive recommendations of the Traffic Safety Commission for Phase II implementation"; and WHEREAS, the Traffic Safety Commission was renamed as the Traffic and Mobility Commission in 2019; and
WHEREAS, on June 5, 2023, the Traffic and Mobility Commission recommended approval of the Project; and
WHEREAS, the public input process and mail survey conducted for the Victoria Avenue, Highland Drive, Nueva Castilla Way, and Circulo Sequoia traffic calming plans have satisfied the requirements of the CRTMP; and
WHEREAS, there are sufficient Traffic Improvement Program funds available in the Gas Tax Fund to complete the Project; and
WHEREAS, the City Planner has determined that the project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301(c), which covers the repair of existing public structures and facilities involving negligible or no expansion.

Exhibit 1
Oct. 17, 2023 Item #3 Page 7 of 79
follows:

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as

1. That the above recitations are true and correct.

2. That the plans, specifications and contract documents for the Traffic Calming at Victoria Avenue, Highland Drive, Nueva Castilla Way, and Circulo Sequoia, CIP Project No. 6070, are approved and are on file at the City Clerk's Office.

3. That the City Clerk is authorized and directed to publish in accordance with state law, a Notice to Contractors inviting bids for the construction of the project, in accordance with the plans, specifications and contract documents referred to in this resolution.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of October, 2023, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Bhat-Patel, Burkholder, Luna.

None.

Blackburn, Acosta.

None.

SHERRY FREISINGER, City Clerk
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Exhibit 2
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Carlsbad Residential
Traffic Management
Program

May 2011 Revision

Traffic Division
Transportation Department
Oct. 17, 2023
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Acknowledgments

May 2011 Program Update

CITY OF CARLSBAD CITY COUNCIL CITY OF CARLSBAD ENGINEERING DEPARTMENT Matt Hall – Mayor Skip Hammann – Transportation Director Ann J. Kulchin – Mayor Pro Tem John Kim – Traffic Division Manager Mark Packard Doug Bilse – Traffic Signal Systems Engineer Keith Blackburn Jim Murray – Associate Engineer
Farrah Douglas

TRAFFIC SAFETY COMMISSION CITY OF CARLSBAD FIRE DEPARTMENT Gordon P. Cress Mike Davis – Fire Marshal
Jack Cumming Chris Heiser – Fire Division Chief
Steve Gallagher
Guy J. Roney, III CITY OF CARLSBAD POLICE DEPARTMENT Jairo Valderrama Lt. Marc Reno – Traffic Supervisor

May 2001 Program Development

CITY OF CARLSBAD CITY COUNCIL
Claude A. Lewis – Mayor
Ann J. Kulchin – Mayor Pro Tem
Ramona Finnila
Matt Hall
Julianne Nygaard

CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM COMMITTEE Courtney Heineman – Chairperson
Kip McBane – Vice-Chairperson
Tom Blake
Howard Heffner
John Murphey
Michael Ott
Jim Stachoviak

CITY OF CARLSBAD ENGINEERING DEPARTMENT
Lloyd B. Hubbs - Public Works Director
Robert T. Johnson, Jr. – Deputy City Engineer, Transportation Michele Masterson – Management Assistant
Jim Murray – Associate Engineer
Jannae DeSiena – Senior Office Specialist

CITY OF CARLSBAD POLICE DEPARTMENT
Sgt. Kelly Cain – Traffic Supervisor

MEETING MINUTES
Dianna Scott – Minutes Clerk
Oct. 17, 2023
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TABLE OF CONTENTS

EXECUTIVE SUMMARY ................................................................................................................................... i

INTRODUCTION ............................................................................................................................................. 1

GOALS ........................................................................................................................................................... 3

PROGRAM STRATEGIES ................................................................................................................................. 3

PROCEDURES ................................................................................................................................................. 4

PROGRAM ELIGIBILITY .................................................................................................................................. 5

PHASE I : EDUCATION AND ENFORCEMENT ................................................................................................. 6

PHASE II : TRAFFIC MANAGEMENT ............................................................................................................... 8

PHASE III : TRAFFIC CALMING ..................................................................................................................... 11

PHASE III QUALIFICATION CRITERIA SCORING WORKSHEET ....................................................................... 13

TRAFFIC CALMING MEASURES REMOVAL PROCESS ................................................................................... 17

PETITION—REQUEST TO REMOVE TRAFFIC CALMING MEASURE(S) .......................................................... 18

PROGRAM UPDATE PROCEDURES .............................................................................................................. 19

MEASURES NOT RECOMMENDED FOR USE ................................................................................................ 21

ACRONYMNS AND GLOSSARY ..................................................................................................................... 22

CITY COUNCIL RESOLUTION ........................................................................................................................ 23

TRAFFIC CALMING TOOL BOX (PHASE I) .................................................................................................. TB-1

TRAFFIC CALMING TOOL BOX (PHASE II) ............................................................................................... TB-10

TRAFFIC CALMING TOOL BOX (PHASE III) .............................................................................................. TB-16 Oct. 17, 2023
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EXECUTIVE SUMMARY
In all areas of Carlsbad, daily commuter traffic or other types of traffic drive on neighborhood streets.

Speeding and/or excessive volumes may cause residents to become alarmed about safety and quality of life. When the tranquility and ambiance of the neighborhood is disrupted by drivers speeding or trying to find short-cuts, concerned citizens contact City officials.

This scenario, repeated each day in some areas of the City, alerted the City Council to the need for a comprehensive citywide program to minimize excessive speeds and high volumes in neighborhoods.

Similar problems in California and throughout the country have inspired engineering solutions called traffic calming, which is a method of slowing cars and discouraging cut-through traffic. With traffic calming in mind, the City Council elected to use a citizen-based approach to develop such a program, appointing a committee of seven citizens to work with staff in developing solutions for any Carlsbad neighborhoods seriously affected by traffic problems.

The citizen's committee developed a three-phase approach to addressing traffic problems in Carlsbad neighborhoods. After reviewing and evaluating programs from many cities, the committee recommended a program it suitable for Carlsbad and which would achieve the three goals that must be met if traffic calming is to be successful. The first requirement is support of the residents in any neighborhood where such calming is needed. Second, the traffic calming measures must meet with the approval of emergency agencies concerned about response times, as well as the needs of other utilities whose large vehicles could be adversely affected or damaged by the traffic calming measures. Finally, the residents must be willing to live with the actual traffic calming measures designed to slow traffic and cut-through traffic volumes in their neighborhood.

This document represents the first revision to the initial program developed by the Carlsbad Residential Traffic Management Program Committee. The primary reasons for revising the program were to add lower cost traffic management tools such as residential stop signs and speed cushions and to establish benchmark criteria for the funding of future traffic calming projects. The revised program is divided into the following three phases:

Phase I: application of enforcement and education to resolve non-compliance issues.

Phase II: utilizing engineering-based measures to increase compliance with posted speed limits and discourage cut through traffic.

Phase III: development and implementation of a comprehensive plan comprised of traditional traffic calming measures to address traffic issues while enhancing the residential character of the street.

Ultimately leading to improvement in the quality of life of affected neighborhoods, the Carlsbad Residential Traffic Management Program is still another way in which the City provides for the health, safety and welfare of its citizens.

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CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM

1 CARLSBAD

RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM

INTRODUCTION

Virtually every day, on many residential streets, Carlsbad residents are faced with the potentially dangerous intrusion of speeding vehicles and/or cut-through traffic. Carlsbad streets have experienced escalating traffic impacts due to population and employment growth. As a result, an increasing number of citizens have expressed concerns to City officials, the Police Department and Engineering staff about these traffic problems.

Carlsbad residents are not unique in voicing such concerns. Cities throughout the United States have struggled with the issue of escalating traffic speeds and volumes on residential streets. As a result, citizens have asked that their neighborhood quality of life be improved through a reduction of vehicle speeds and volume. Many desire the simple pleasure of being able to walk or ride bicycles through their neighborhoods without fear of vehicular traffic, a key factor in neighborhood livability.

"Livable" cannot be precisely defined as it relates to community or neighborhood. However, the residents' expectation that fewer vehicles should be speeding down neighborhood streets is an indication of their desire to reside in a livable neighborhood. Characteristics of such a desirable neighborhood include:

a sense of community
a safe place to walk or bicycle
interaction among neighbors
a general feeling of security and safety
the opportunity for residents to enjoy their homes and property streets that do not penalize drivers traveling at the posted speed limit

"Traffic calming" is a term that has, in recent years, become synonymous with providing the means to slow vehicles, reduce cut-through traffic volumes and help achieve a livable community. Through the use of a variety of measures, physical or otherwise, traffic calming helps reduce the undesirable effects of the motor vehicle in residential neighborhoods.

In response to the concerns of Carlsbad residents, the City Council has established the Carlsbad Residential Traffic Management Program, referred to as the CRTMP, to address neighborhood concerns about unwanted traffic. The Institute of Transportation Engineers (ITE), an international organization of transportation professionals, has defined traffic calming as:

"The combination of mainly physical measures that reduces the negative effects of motor vehicle use, alters driver behavior and improves conditions for non-motorized street users."

Carlsbad's Residential Traffic Management Program is designed to have significant neighborhood involvement. Staff plans to work closely with residents to identify problems and their solutions and to gather the support necessary to ensure the success of any traffic calming plan that may merit adoption.

Communication with the residents at each step is critical and the urgency of plan development will not Oct. 17, 2023
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CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM

2 be allowed to override the need for thorough understanding, commitment and approval by the neighborhood.

Since neighborhood involvement is the key, the program is designed to solicit and encourage residents' active participation in identifying concerns, developing reasonable solutions and supporting the final outcome. In the traffic engineering field, the manner in which this occurs is a process that contains the elements of the “4E's":

Education
Engineering
Enforcement
Enhancement

By utilizing the "4E" process, which incorporates a comprehensive, integrated involvement of concerned residents, the challenge of identifying and resolving problems can successfully take place.

The basic elements of the 4E process include:

Education: Providing resource materials and information to residents to inform them about all aspects of traffic calming.

Engineering: Physical measures and other techniques utilized in the traffic calming program that are based upon input and concurrence by residents, engineering principles, financial and environmental considerations.

Enforcement: Police presence and selective enforcement of vehicle code violations.

Enhancement: Using special treatments in the physical measures through design and/or landscaping features to improve livability, aesthetics, community pride.

This program has been established with and conforms to authority and responsibility given to local authorities by the California Vehicle Code to protect the health and welfare of its citizens. Additionally, it meets one of the goals in the Circulation Element of the General Plan that states Carlsbad is a "City with an integrated transportation network, serving local and regional needs, which accommodates a balance of different travel modes based upon safety, convenience, attractiveness, costs, environmental and social impacts".

It is the policy of the State of California that all persons have an equal right to use public streets and that no agency may restrict the use of streets to only certain individuals. With certain exceptions provided for in the California Vehicle Code, the specific authority to regulate travel upon streets can only occur in specific instances related to:

implementation of the Circulation Element of the General Plan criminal activity
regulating or prohibiting processions or assemblages
streets dividing school grounds to protect students attending such schools or school grounds

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CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM

3 Requests to implement the CRTMP will ultimately be considered through the process outlined in this program. Careful consideration will be given to each request to ensure that it meets State law and the criteria contained in the program.

GOALS

The City Council established the CRT MP as a countermeasure to intrusion by excessive traffic and/or higher than normal vehicle speeds in the neighborhood and thus, to help improve the quality of life.

With a defined traffic management process and established procedures contained in this document, Carlsbad residents will have the measures and techniques ("tools") at their disposal to avert many negative impacts associated with vehicular traffic on residential streets.

The goals of a traffic management program include:

improving the quality of life in the neighborhood
creating safe streets by reducing the collision frequency and severity reducing negative effects of motorized vehicles
design of features that encourage self-enforcement

PROGRAM STRATEGIES

The City of Carlsbad strives to achieve neighborhood livability through implementation of current standards and policies. Managing traffic is a key component in this endeavor and one that is vital for promoting characteristics of livable neighborhoods. Therefore, strategies are needed to identify and address issues revolving around speeding, excessive volumes and safety concerns on residential streets when it occurs. These strategies include:

developing recommendations that adhere to State law
satisfactorily addressing legal and liability issues
preserving reasonable emergency vehicle access and response time consistent with response standards
maintaining reasonable vehicular access
promoting neighborhood safety for pedestrians, bicyclists, motorists and residents encouraging and incorporating citizen participation in identifying traffic calming measures and techniques
utilizing City resources and funds efficiently and effectively utilizing a combination of education, engineering, enforcement and enhancement (4E's) maintaining, encouraging and enhancing pedestrian, bicycle, transit and alternative modes of travel
balancing on-street needs (such as parking) with the reasonable and safe function of the street considering achievable options for funding

According to the ITE resource, “Transportation and Land Developm ent, 2 nd Edition”, residential streets should ideally be designed and constructed to a “residential neighborhood scale” to achieve vehicle speeds and traffic volumes consistent with typical neighborhood uses. Residential neighborhood scale is Oct. 17, 2023
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CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM

4 typically accomplished by restricting roadway length so that a driver slows, stops, or makes a significant turning movement every 300-700 feet. Drivers tend to comply with speed limits in residential neighborhoods when the effective, uninterrupted street length is less than 700 feet.

Complaints related to excessive vehicle speeds often originate on residential streets that have not been designed to this residential neighborhood scale. The CRTMP attempts to resolve these types of speeding issues by installing a series of traffic management measures to reduce the effective street length so that a driver slows, stops, or makes a significant turning movement every 300 to 700 feet.

Traffic management measures are recommended to be spaced, on average, at approximately 500 foot intervals. The traffic management strategies included in the CRTMP toolbox are designed to work in concert with one another to limit the effective, uninterrupted length of an existing street to approximately 500 feet, which should result in a reduction in vehicle speeds and render the route less attractive to cut-through traffic.

PROCEDURES

The procedures to implement traffic management measures and techniques are described on the following pages and are referred to as phases. In general, the established procedures are consistent with the methodology currently used in Carlsbad to address any traffic-related concerns. The procedures require, and are designed to encourage, substantial neighborhood participation, following the process used by staff to formulate solutions to problem locations and the methods for proposing those solutions to the Traffic Safety Commission and City Council for final resolution.

Carlsbad's Residential Traffic Management Program has been developed as a three- ph ase program,
consisting of the following structure approach:

Phase I : Enforcement and Education
Phase II : Traffic Management
Phase III : Traffic Calming

The program is designed in such a way that residents of each street with identified problems, and with neighborhood support and commitment, can play a part in the program. The cost, complexity, effectiveness and impact to residents increase with each phase. Phase I features are generally considered simple improvements that can be initiated internally and provided by city staff. Phase II consists of cost-effective traffic management features that may reduce vehicle speeds but may also penalize those who drive at the legal speed limit. Phase III features are the most effective at traffic calming but are expensive and may negatively impact parking.

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CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM

5 PROGRAM ELIGIBILITY

Participation in the Carlsbad Residential Traffic Management Program requires the following:

1. The subject street must meet the legal definition of residence district (as defined by the California Vehicle Code) or designated school zone (as defined by the California Manual on Uniform Traffic Control Devices).

2. The subject street must have a curb-to-curb width of 40 feet or less.

3. A letter sent by a resident or residents requesting that staff consider a subject street for inclusion into the CRTMP process.

Any street that does not meet the program eligibility criteria but is nevertheless considered by city staff to be a candidate for traffic calming will be scheduled for review and possible approval by the Traffic Safety Commission. If the Commission's review leads to the conclusion that the street merits an exception, it will be processed through the CRTMP as if program eligibility criteria were met. Any street recommended by the Traffic Safety Commission as not qualifying for an exception may be requested by a citizen to be reviewed by the City Council for a final determination. The exception process may be used for consideration for inclusion into each phase of the program.

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CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM

6 PHASE I: EDUCATION AND ENFORCEMENT

When a resident, or group of residents, from a neighborhood has a traffic-related concern that they believe should be addressed by the Carlsbad Residential Traffic Management Program and have sent a letter to the Traffic Division of the Transportation Department, the process will be initiated in the following manner.

Step 1 Initiate Traffic Request (TR) Procedure

Upon receipt of the correspondence and verification that the subject street satisfies program eligibility requirements, staff will initiate a Traffic Request (TR) that includes the information contained in the letter. The TR is an internal logging and tracking system in the Transportation Division used to initiate action and file correspondence. An engineer will be assigned to investigate and conduct an engineering study of the street(s).

Step 2 Investigation/Studies

Staff will gather preliminary data about the expressed concern. Field reviews and appropriate traffic studies will be conducted. They may include:

 geometric conditions of the road  volume counts
 parking availability/restrictions  pedestrian counts  location of existing traffic control devices  collision analysis  speed surveys  other studies as determined appropriate

Phase I strategy will be formulated after the data is collected.

Step 3 Coordination with the Police and Fire Departments

Staff will discuss with the Police Department solutions that can be addressed through enforcement. An enforcement strategy will be prepared and implemented by the officer in charge of the Traffic Division of the Police Department. Concurrently, staff will discuss with the Fire Marshal emergency response route issues and other fire safety issues.

Step 4 Issue Work Order

Implementation of Phase I can be accomplished by city forces. Staff can usually issue work orders for the installation of signs or striping or implementation of speed feedback signs.

Step 5 Communication with Residents

Information on appropriate traffic calming strategies and techniques proposed to address the identified concern is shared with the person or group that initiated the request, including information about the issuance of work orders. Staff also outlines the engineering and enforcement approach that will be utilized to mitigate neighborhood concerns.

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7 Step 6 Monitor

Effectiveness of the implemented measures and/or strategies is monitored by Engineering Department staff and, as appropriate, by the Police Department. The resident or group originating the request is then informed of the monitoring results.

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8 PHASE II: TRAFFIC MANAGEMENT

If all applicable Phase I options have been completed and do not appear to adequately address the problem after being in place for an appropriate amount of time as determined by the city staff, Phase II of the CRTMP may be considered.

Step 1 Written Request

Phase II will be initiated when an affected resident that resides on the street where the concern exists sends a letter to the Traffic Division of the Transportation Department requesting Phase II consideration.

The letter will be generated by a resident, following discussions with city staff to review what might be accomplished through Phase II of the program.

Step 2 Phase II Eligibility Determination

Not all residential streets and/or residential areas will qualify to participate in Phase II of the Carlsbad Residential Traffic Management Program based upon the established process. Eligibility criteria for Phase II are as follows:

1. Completion of Phase I of the CRTMP; and

2. The 85th percentile speed (critical speed) must be 32 miles per hour or greater as determined by a speed survey(s).

Both of the eligibility criteria must be met for a street to be considered for further processing through the CRTMP. However, on a case- by-case basis, city staff may determine exceptions. A street considered as an exception must be approved by the Traffic Safety Commission.

Step 3 Determine Project Area of Influence (PAOI)

The street or streets significantly impacted by neighborhood concerns or potential solutions, including all dwelling units or other land uses bordering the subject street or streets, comprise the Project Area of Influence (PAOI). The PAOI will be established by city staff, with input from the neighborhood representatives. The establishment of the PAOI by staff shall consider the implementation of measures on a roadway system as opposed to singular, isolated installations.

Step 4 Phase II Concept Plan

All residents from the PAOI will be invited to a neighborhood meeting hosted by the city. At the meeting, staff will explain the Phase II process that may lead to installation of the traffic management measures proposed for their neighborhoods. Discussion will include:

neighborhood concerns
traffic data gathered
results from Phase I
potential Phase II solutions
advantages/disadvantages of specific Phase II features
Phase II approval process
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9 street. Also, a Police Department representative will be invited to attend the meeting to respond to questions about enforcement issues.

Staff, using the data collected in Phase I, and working with affected residents, will draft a plan of proposed Phase II measures within the boundaries of the PAOI. Since Phase II measures are limited in application, they may not be appropriate for a given situation. For example, if a subject street does not feature intersections, residential STOP signs would not be appropriate. Staff will work with residents to prepare the Phase II concept plan which will be presented to the neighborhood via mail survey for support.

The concept plan will be presented to the Traffic Safety Coordinating Committee to allow city staff such as Fire Department and Police Department representatives to review and comment.

Step 5 Mail Support Survey for Phase II Concept Plan

A mail support survey will be conducted by City staff upon completion of the Phase II concept plan developed by staff. The purpose of the survey will be to determine if the neighborhood (as defined by the PAOI) is in favor of the proposed plan.

Residents and non-resident owners within the PAOI are eligible to participate in the mail support survey.

Distribution of the support survey will be conducted by the City through the mail. The survey will be considered valid if a minimum of 50% of the residents contacted fill out and return the completed survey. Staff will then analyze the returns to determine if 67% or more of the PAOI community responding supports the Phase II plan.

If the Phase II concept plan includes measures with vertical deflection such as speed cushions or speed tables, support for these measures from residents directly affected will be highly desirable. Staff will work with these residents and will strive to balance the concerns of individual residents with the overall success of the concept plan as a system of interdependent features. Since the success of Phase II will be dependent on the spacing of proposed features, the removal of any measure from the concept plan due to lack of support may have a detrimental effect on the concept as a whole.

If 50% of the surveys are not returned, an outreach program may be initiated by the resident(s). Re- survey will occur after all steps established in the outreach program are completed. A re-survey will be valid if 50% or more of the surveys are returned to staff. If the plan is not approved by 67% or more of the returned surveys, the resident(s) may request that staff develop an alternative plan or abandon their efforts. A revised Phase II plan will be tested by the support survey process in this step. If the revised plan fails to garner support of the residents in the PAOI after the second survey, no further surveys will be conducted by City staff for a minimum of one year.

Step 6 Final Approval by the City Council

The approved Phase II concept plan will be brought forward to the Traffic Safety Commission for recommendation and to hear public testimony on the matter. A duly noticed public meeting will be held by the City Council to receive the recommendations of the Traffic Safety Commission for Phase II implementation. If Council decides that Phase II is acceptable as presented, it will so indicate by adopting an ordinance authorizing installation of residential STOP signs and/or other proposed measures and authorizing the appropriation of any necessary funds . The Council may consider other Oct. 17, 2023
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10 options such as returning to the neighborhood for refinement of the Phase II concept plan or proceeding to Phase III of the CRTMP.

Step 7 Phase II Implementation

Implementation of Phase II, in most cases, will be performed by city forces via work orders issued by staff.

Step 8 Phase II Monitoring

Phase II measures that have been installed will be monitored for effectiveness during the first year following completion of the installation. Staff will analyze traffic data results, accident history, observed deficiencies and/or impacts of the Phase II measures, comments, and suggestions or complaints received.

If some residents of the neighborhood believe that the impacts and results of Phase II do not meet their expectations, they may request removal of the permanent measures. The request for removal must follow the Traffic Calming Measures Removal Process and be submitted at least one year from date of Phase II installation.

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11 PHASE III: TRAFFIC CALMING

If applicable Phase II options have been evaluated and do not appear to adequately address the problem as described previously, Phase III of the CRTMP may be considered. Phase I II of the CRTMP is designed to allow traditional traffic calming measures to be used in areas where Phase II options have not adequately resolved the traffic issues. Due to the potential fiscal impacts of Phase III and probable
impacts to parking capacity and limit access to properties, residents will be required to first utilize Phase II measures before requesting to proceed to Phase I II. Phase I II measures will be limited to locations where re-routed traffic will only impact higher classified roadways. Residents have the option to bypass Phase II only if funding is privately secured and all Phase III criteria are satisfied.

Step 1 Written Request

Phase I II will be initiated when the affected residents send a letter to the Traffic Division of the Transportation Department requesting Phase III consideration. The letter will be generated by the residents following discussions with city staff, study of Police Department results of Phase II, and anticipation of what might be accomplished through further utilization of the CRTMP process. The Phase III process will require an evaluation of a qualification criteria as well a neighborhood-initiated support petition.

Step 2 Project Scoring and Qualification Criteria

Candidate streets will be evaluated on the following factors and associated points for the purpose of establishing a project score for funding considerations . Streets with a score exceeding 50 points will be eligible for Phase III.

Criteria and points assigned are as follows:

1. Travel Speed (maximum 40 points):
6 points for each mile per hour the 85 th percentile speed is over 32 miles per hour.

2. Traffic Volumes (maximum 30 points):

Typical weekday ADT divided by 100 and rounded to the nearest whole number or the weekday peak hour volume divided by 10 and rounded to the nearest whole number.

3. Collision History (maximum 15 points):

Five points will be assigned for each correctable collision on a street, including intersections, within the past five years. A correctable collision is one that might have been prevented by the installation of a traffic control device or traffic calming measure.

4. Sidewalks (maximum 5 points):
5 points if no sidewalk or pedestrian pathway exists on either side of the street. 5 points if no sidewalk or pedestrian pathway exists along at least one side of the street.

5. School Proximity (5 points maximum):
5 points if school grounds abut the candidate street.
3 points if the PAOI is within 500 feet of school grounds. 1 point if the PAOI is located within 1,000 feet of school grounds.

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12 6. Pedestrian Crossings (5 points maximum):
5 points if a school crosswalk (yellow crosswalk) is located on a street in the PAOI. 5 points if a major or midblock crosswalk is located on a street in the PAOI. A major crosswalk is defined as having 10 or more pedestrians crossing per hour during any eight hours of a typical weekday.

A maximum total of 100 points may be given for the street under consideration, using the Traffic Management Program Priority Scoring Worksheet. A minimum score of 51 points is required for the subject street to qualify for Phase III.

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13 Carlsbad Residential Traffic Management Program
Phase III Qualification Criteria
Scoring Worksheet

This worksheet will be completed by City of Carlsbad staff. It will be used to assign points to a street for Phase I II qualification and prioritization of a potential specific neighborhood traffic calming project.

Name of neighborhood (street location):

Points

1. Travel Speed (40 pts. max.)
For each mile per hour the 85 th percentile speed is over 32 miles per hour , 6 points will be assigned.

Critical Speed:

2. Traffic Volumes (30 pts. max.)
Total weekday ADT divided by 100, rounded to nearest whole number or weekday peak hour volume divided by 10, rounded to nearest whole number (use higher number)
Volume: Date Counted:

3. Collision History (15 pts. max.)
Five points for each correctable collision during the past 5 years Number of collisions:

4. Sidewalks (5 pts. max.)
No sidewalk or pedestrian pathways exists on either side of the street = 5 points No sidewalk or pedestrian pathway exists along at least one side of the street = 5 points

5. School Proximity (5 pts. max.)
School grounds abut candidate street = 5 points
PAOI is located within 500 feet of school grounds = 3 points PAOI is located within 1,000 feet of school grounds = 1 point

6. Pedestrian Crossings (5 pts. max.)
School crosswalk (yellow crosswalk) is located on a street in the PAOI = 5 points
Major or midblock crosswalk is located on a street in the PAOI = 5 points

Total Score:

___________________________________________
Evaluator Date

A MINIMUM SCORE OF 51 POINTS IS REQUIRED TO QUALIFY FOR PHASE I II.

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14 Step 3 Neighborhood Support Petition

If the subject street meets the Phase III Qualification Criteria, concerned residents will need to establish resident support for continuation of the Phase I II process. The support petition is initiated by the neighborhood representative and serves as the mechanism to establish that residents’ support the City's consideration of a Phase I II traffic calming project. Documentation of support for consideration of a future project is indicated by a simple majority (50% plus one signature) of those eligible individuals located within the PAOI that sign the petition. The petition form will be developed by staff but it will be the responsibility of residents to circulate the petition and submit the results.

Step 4 Project Funding

Upon satisfaction of Steps 2 and 3 of the Phase I II process, the subject street may be considered for funding as a future project through the Capital Improvement Program (CIP) process. If more than one CRTMP project is submitted in a given fiscal cycle, priority will be established by the Phase II I Qualification Criteria scoring. Many different fiscal factors must be considered to establish if and to what level funds will be allocated for projects on the priority list. Staff will recommend a funding level and the City Council will consider and adopt the annual budget before the fiscal year ending on June 30.

As an alternative to the City funding the design and construction of Phase III improvements, residents may choose to collect funds themselves in any manner they choose, including the formation of an assessment district. This private funding must be for 100% of the project cost including design, construction, inspection, administration and contingency costs associated with the project. Private funds must be deposited with the city prior to proceeding to Step 4.

Phase III will not proceed until funding source is identified and funds are secured.

Step 5 Kick-off Meeting with the Neighborhood

All individuals from the PAOI will be invited to a nei
ghborhood kick-off meeting hosted by the City. At
the meeting, staff will explain to those in attendance the Phase I II process that may lead to installation of the traffic calming measures proposed for their neighborhoods. Discussion will include:

neighborhood concerns
traffic data gathered
results from Phase I and II
potential solutions
traffic calming plan development process
before and after traffic study process

A Fire Department representative will attend the meeting to explain response needs of the emergency service providers and any concerns the Fire Department has with potential traffic calming on the candidate street. Also, a Police Department representative will attend the meeting to respond to questions about enforcement issues.

Step 6 Develop the Conceptual Neighborhood Traffic Calming Plan By meeting and working closely with the residents, staff will be able to assist in:

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15 assessing neighborhood needs
identifying alternatives
developing initial plans or solutions
finalizing the comprehensive plan based upon
o sound engineering principles
o neighborhood input
o state-of-the-art traffic calming practices
Throughout design development of the conceptual plan, all residents within the PAOI will be provided updates and will be encouraged to offer input. The residents will be actively involved in all aspects of developing the comprehensive neighborhood traffic calming plan and will be expected to commit the time and effort needed to develop a successful plan. Directly affected residents and property owners will be notified and involved with the development of the conceptual plan.

The length of time needed to develop the conceptual plan is dependent upon the complexity of the issues, the level of neighborhood involvement and support, project cost and the willingness of the residents to aggressively pursue plan development. The series of meetings leading to completion of a final conceptual plan for presentation to the neighborhood could take six months or longer.

Step 7 Mail Support Survey for Final Conceptual Plan

A mail support survey will be conducted by city staff upon completion of the conceptual plan developed by residents and staff and evidence of a generally favorable consensus on the plan by interested residents. The purpose of the survey will be to determine if the neighborhood (PAOI) is in favor of the proposed plan by a super majority (67% or more).

Residents and non-resident owners within the PAOI will be included in the survey, essentially following the eligibility procedures addressed in Phase II. If necessary, and as determined by city staff based upon the proposed conceptual traffic calming plan, additional properties may be included or excluded by expanding or reducing the boundaries of the PAOI. The revised PAOI will become the new PAOI for purposes of the survey and other communications with residents affected by the proposed traffic calming project.

Distribution of the support survey will be conducted by the City through the mail. The survey will be considered valid if a minimum of 50% of those contacted fill out and return the survey. Staff will then analyze the returns to determine if 67% or more of the PAOI community responding supports proceeding to the final plans, specifications and estimates (PS&E) stage and for the installation of temporary features. Staff will notify by mail all individuals within the PAOI of the survey results and the next steps in the process.

If 50% of the surveys are not returned, an outreach program must be developed by the residents with the assistance of staff. Re-survey will occur after all steps established in the outreach program are completed.

A re-survey will be valid if 50% or more of the surveys are returned to staff. If the plan is not approved by 67% or more of the returned surveys, the residents may choose to develop an alternative plan or abandon their efforts. A revised conceptual plan, after an appropriate outreach program, will be tested by the support survey process in this step. If a conceptual plan fails to garner support of the residents in Oct. 17, 2023
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16 the PAOI after the second survey, no further surveys will be conducted by city staff for a minimum of one year.

If neighborhood support for the Phase III traffic calming concept plan is established, staff can proceed to Step 8.

Step 8 Environmental Review

Upon confirming the neighborhood support for the Phase I II concept plan and funds have been identified, allocated and approved, staff will initiate environmental review of the proposed project through the City of Carlsbad Planning Department. Generally, traffic calming improvements proposed within the existing street right-of-way are found to be exempt from detailed environmental review.

Step 9 Complete Final Design

Final design of the traffic calming plan can be started by staff concurrent with processing the environmental document. However, the final plan cannot be completed beyond the 30% stage until environmental certification is received and funding for the project is secured. Depending upon the complexity of the final plan, a consultant may be hired by the city. After completion of the final design, staff will initiate installation of temporary measures to simulate the effect of the proposed permanent traffic calming measures. The Police and Fire Departments will have considerable input during the final design.

Step 10 Final Approval by the City Council

The approved Phase III design plan will be brought forward to the Traffic Safety Commission for recommendation and to hear public testimony on the matter. A duly noticed public meeting will be held by the City Council to receive the recommendations of the Traffic Safety Commission for the final traffic calming project and to hear public testimony on the matter. If Council decides the project is acceptable, it will so indicate by adopting a resolution authorizing advertising for construction bids, thus taking the first step toward installation of the project. If, on the other hand, the Council does not support the proposal, staff may be directed to abandon the plan, or to return to the neighborhood for refinement of the plan, or to take no further action.

Step 11 Project Construction

Construction of the approved project, in most cases, will be performed by a licensed contractor selected through the city's formal construction bidding process. After a contractor is selected by the city, individuals within the PAOI will be notified of the construction schedule.

Step 12 Project Monitoring

Traffic calming projects that have been constructed will be monitored for effectiveness during the first year following completion of the installation and also during the second year after the installation.

If residents of the neighborhood believe that the traffic calming measures, impacts and results do not meet their expectations, they may request removal of the permanent measures. The request for removal must follow the Traffic Calming Measures Removal Process and be submitted at least one year from date of Phase III installation.

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17 Traffic Calming Measures Removal Process (Phase II and III) Individuals within a neighborhood may determine that one or more traffic calming measures should be removed. If so, a petition favoring removal and signed by 80% of the eligible individuals within the PAOI or expanded PAOI, if applicable, must be sent to staff. Eligibility criteria for signing the petition will be the same as for previously indicated voting procedures (one signature per household or property). A sample petition is provided on the next page for use by the neighborhood contact person to collect signatures.

Staff will review the petition, determine if the 80% threshold is met and notify all residents and non- resident owners within the PAOI of the results. No removal petition will be accepted by staff during the test period when temporary measures are being reviewed.

If the petition has 80% or more valid signatures, it will be submitted to the Traffic Safety Commission for consideration. All individuals within the PAOI will be notified in writing of the meeting and will have the opportunity to address the Commission with their concerns. The Traffic Safety Commission recommendation, whether to deny or sustain the removal petition, will be forwarded to the City Council.

All residents and non-resident owners within the neighborhood PAOI will be notified by mail of the date when the City Council will consider their request for removal of the traffic calming measure(s). Each interested resident will have the opportunity to address the City Council. A final decision will be made by the City Council based upon staff input, Traffic Safety Commission recommendations and citizen comments. As appropriate, staff will initiate action on the City Council's decision. All residents and non- resident owners within the PAOI will be notified of the City Council decision by mail.

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18 PETITION

REQUEST TO REMOVE TRAFFIC CALMING MEASURE(S)

CARLSBAD RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM

CONTACT PERSON: DATE:

CONTACT PERSON ADDRESS:

CONTACT PERSON TELEPHONE:

The undersigned state they that they are requesting that the City of Carlsbad consider removing the traffic calming measure(s) installed on ________________________________(street name).

The measure or measures to be removed are: ______________________________________ ____________________________________________________________________________ ___________________________________________________________________________.

The undersigned further state they have read the Travel Calming Removal Process section contained in the Carlsbad Residential Traffic Management Program.

Name (please print) Address (please print) Telephone Signature

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

15. 16.

17. 18.

19. 20.
(attach additional sheets as necessary)
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19 PROGRAM UPDATE PROCEDURES

It is intended that the Carlsbad Residential Traffic Management Program be dynamic and subject to change. Traffic calming measures, techniques and/or methodologies continue to evolve. What was once in favor and popular to implement may have been subsequently found by agencies to be undesirable, unworkable or unacceptable to the neighborhood.

Revisions to the Carlsbad Residential Traffic Management Program ( CRTMP) are expected. When revisions are suggested, a formal review and approval process of the revision(s) will be followed.

Steps in the revision/update process are as follows:

Step 1 Initiation of Revision

A change or revision may be initiated by the City Council, staff or a citizen. It is suggested that the requested revision be made in writing, with the reasons for or intent of the revision clearly stated. A compelling reason to initiate the update process or to change the process must be offered to be favorably received.

Step 2 Review by Staff

Suggested revisions will be thoroughly researched and reviewed by staff to determine if they are appropriate for inclusion in the Carlsbad Residential Traffic Management Program. Other City departments will also be consulted and, as necessary, comments from stakeholders will be solicited.

Changes to traffic calming measures, procedures or methodologies will only be considered by the Traffic Safety Commission once a year, unless such measures, procedures or methodologies are determined to be illegal.

Step 3 Response to Initiator

Staff will respond in writing to the individual proposing the revisions, commenting on their suitability or requesting additional information as needed. Revisions deemed unacceptable by staff will not be processed further. Revisions recommended by staff for further consideration will be scheduled for discussion at a Traffic Safety Commission meeting. Only those suggested revisions that significantly enhance the overall Carlsbad Residential Traffic Management Program will be considered for acceptance and submitted to the Traffic Safety Commission.

Step 4 Review by the Traffic Safety Commission

All revisions proposed during any 12-month period will be reviewed by the Traffic Safety Commission at the end of such period. The recommendations of the TSC on all such proposed revisions will be forwarded to the City Council. The TSC review meetings will be duly noticed and open to the public for their input on revisions or changes.

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20 Step 5 Review and Approval by the City Council

In a public meeting, the City Council will consider the recommendations of the Traffic Safety Commission. Staff may be directed by the Council either to implement the revisions to the program and the supporting documents or to take no action on the requested revision. Noticing procedures for the Council meeting will be the same as for the Traffic Safety Commission meeting and all interested residents will be encouraged to attend the Council meeting to make their opinions known.

Proposed revisions will not interfere with or delay the processing of a neighborhood traffic calming program in progress. A neighborhood that has started development of its traffic calming program will continue the process without change.

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21 Measures Not Recommended for Use

Several traffic management measures were evaluated and determined to be unsuitable for use in Carlsbad. Listed following are measures not recommended for installation on public streets and, therefore, not proposed for consideration as part of a neighborhood traffic calming project.

Rumble Strip

A rumble strip is an alteration to the paved street surface by various techniques to draw the driver's attention to a roadway condition. This measure is not acceptable in a residential neighborhood due to the noise and vibration created when a vehicle is driven over the rumble strip.

One-Way Street

A one-way street may encourage increased speeds and may result in additional traffic volumes on a nearby street due to diverted traffic. On a residential street, confusion and wrong-way travel may result as a one-way street is an atypical encounter for drivers when leaving a single-family residence.

Miscellaneous Non-Standard Devices

Signs and/or striping not recognized by the State of California Department of Transportation (Caltrans) as an official traffic control device shall not be used in the public right- of-way. These signs typically include CHILDREN AT PLAY, SLOW and others. Non-official signs are of the novelty type, many have messages that are misinterpreted by drivers, have no legal meaning and their use can expose the City to tort liability. These types of signs do not command the attention or respect of drivers that are repeat users of the street. Using signs that are not officially approved may give a false sense of security to residents. Additionally, the signs raise expectations that some degree of protection is provided through their use when, in reality, this is not the case.

Cul-de-Sacs and Road Closures

Streets have been designed and constructed to facilitate multiple points of egress for the residents and multiple ways for an emergency vehicle to respond to an incident. Basic circulation patterns are intended to remain. Streets will not be truncated through the construction of a barrier to cause a road closure or by converting the end of the street into a cul-de-sac through construction of a turnaround.

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22 ACRONYMS AND GLOSSARY

California Vehicle Code A document published by the Department of Motor Vehicles containing laws relating to the use of streets and the operation of vehicles thereon.

Circulation Element Comprehensive plan in Carlsbad for the safe and efficient movement of people and goods.

Critical Speed (85th percentile) The speed at which 85% of the vehicles are traveling at or below.

General Plan A document required by law that contains the overall goals, objectives and policies for development of the City.

ITE Institute of Transportation Engineers

Midblock Any point located between two successive intersections.

NTCC Neighborhood Traffic Calming Committee

PAOI Project Area of Influence

PS&E Plans, specifications and estimates used to construct projects.

Traffic Calming The combination of mainly physical measures that reduces the negative effects of motor vehicle use, alters driver behavior and improves conditions for non -motorized street users —ITE definition.

CRTMP Carlsbad Residential Traffic Management Program

Toolbox Traffic calming measures ("tools") used to reduce vehicle speeds and/or minimize volumes on residential streets.

TR Traffic Request. Used by transportation staff to log, file and track project requests.

TSC Traffic Safety Commission

Warrants Established, objective criteria used to evaluate traffic conditions.

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TB-1

TRAFFIC CALMING TOOLBOX

Traffic control devices are those official signs and striping placed in the public right- of-way and recognized by the public such as STOP signs, curve warning signs, centerline striping, etc. These devices have been officially approved by the State of California Department of Transportation (Caltrans) pursuant to legislative authority provide for in the California Vehicle Code.

Traffic calming measures, however, have evolved to include features that may not be officially approved through legislative action by the State of California. Commonly referred to as “tools”, the traffic calming measures or features available for use in Carlsbad are available in this program’s “toolbox”.

Each tool listed is unique and has a specific purpose for addressing residential street traffic concerns that require some form of traffic calming. Each tool has its own set of advantages and disadvantages and a range of costs. More than just a structural feature on a street, traffic calming tools also encompass education, enforcement, engineering and enhancement.

The following pages identify tools that have been endorsed and available for use in Carlsbad.

They were chosen for:

Appropriateness to address traffic concerns in Carlsbad.

Acceptability to stakeholders including the Fire and Police Departments.

Suitability for use in residential neighborhoods.

Each traffic calming measure is briefly described, application for usage listed, and possible advantages and disadvantages outlined. Estimated costs have been provided when the cost of the measure was able to be determined.

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TB-3
Phase I
Education

Description:

Conversations, meetings, e -mails,
letters and handouts to residents
regarding neighborhood traffic and
pedestrian safety issues.

Application:

Traffic education is intended to make
residents aware of local residential
speed limits and other neighborhood
traffic and safety concerns.

Advantages:

 Allows residents to express views
and obtain answers.

 Identifies issues of concern and
solutions.

Disadvantages:

 Effectiveness may be limited.

 Potentially time consuming.

 Limited audience.

Special Considerations:

 Meetings need to stay focused on specific traffic issues.

Cost:

 Varies (staff time and published materials).

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TB-4
Phase I
Police Presence

Description:

Police vehicles drive through or stop for a few
minutes on residential streets to observe
driver behavior.

Application:

Police presence is used to make a visual
showing in residential neighborhoods to help
discourage speeding.

Advantages:

 Shows an enforcement presence.

 May help slow vehicle speeds.

Disadvantages:

 Presence without enforcement has
limited effectiveness.

 Limited police resources.

Special Considerations:

 Typically only effective when officer is present.

 Used on residential streets with complaints of speeding.

Cost:

 N/A

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TB-5
Phase I
Police Enforcement

Description:

The Police Department deploys mo torcycle or
automobile officers to perform targeted
enforcement on residential streets.

Application:

Targeted police enforcement used to make
drivers aware of local speed limits and to
reduce speeds by issuing citations.

Advantages:

 Effective, visible enforcement.

 Driver awareness increased.

 Can be used on short notice.

 Can reduce speeds temporarily.

Disadvantages:

 Temporary measure.

 Requires long-term use to be effective.

 Limited police resources.

Special Considerations:

 Typically only used on residential streets with documented speeding problems.

 Typically only effective while officer is actually monitoring speeds.

 Benefits are short-term without regular periodic enforcement.

 Expensive.

Cost:

 N/A
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TB-6
Phase I
Speed Feedback Signs

Description:

A portable device equipped with a
radar unit that detects , displays and
records the speed of passing vehicles.

The sign can be set to display the speed
on its screen or show a blank screen for
data collection only.

Application:

May help discourage speeding on
neighborhood streets through
education (when set on display mode)
by showing drivers their current speed.

Advantages:

 Effective educational tool.

 Good public relations tool.

 Encourages speed compliance.

 Can reduce speeds temporarily.

Disadvantages:

 Not an enforcement tool.

 Ineffective on multi-lane roadways.

 Less effective on high volume streets.

 Limited Police Department resources to install

Special Considerations:

 Can be installed on a street light standard where a resident indicates there is a speeding problem.

 Typically only effective in reducing speeds when the sign is present and set on display mode.

 Some motorists may speed up to try to register a high speed (when on display mode).

 Recommend for temporary use only.

Cost:

 $5,000 each unit
Oct. 17, 2023
Item #3 Page 43 of 79
TB-7

Phase I
Speed Limit Signs

Description:

25 mile per hour speed limit signs are ins talled
on neighborhood residential streets that meet
the legal definition of a RESIDENCE DISTRICT.

Application: Speed limit signing encourages
slower vehicle speeds along residential
streets. Signs are only installed along streets
where speeding is a problem.

Advantages:

 Clearly indicates prima facie speed limit.

 Usually popular with residents.

 Low cost of installation.

Disadvantages:

 Not effective by themselves.

 May add to sign clutter.

 Increased cost of sign maintenance.

Special Considerations:

 Typically only installed on streets where speeding is a documented problem.

 Requires police enforcement to be effective.

Cost:

 $200 per sign.

Oct. 17, 2023
Item #3 Page 44 of 79
TB-8

Phase I
Speed Limit Pavement Legends

Description:

Painting of speed limit legends on the
roadway adjacent to speed limit signs.

Application:

Speed limit pavement legends increase driver
awareness of the speed limit to help reduce
speeding.

Advantages:

 Supplement to speed limit signs.

 May help reduce speeds.

 Usually popular with residents.

Disadvantages:

 Not effective or legal by themselves.

 Increase in maintenance cost.

Special Considerations:

 Should only be installed on streets where speeding is a documented problem.

Cost:

 $350 per legend.

Oct. 17, 2023
Item #3 Page 45 of 79
TB-9

Phase I
Warning Signs

Description:

Standard warning signs give drivers advanced
notice of roadway conditions.

Application:

Warning signs advise motorists to reduce their
speed.

Advantages:

 Informs motorists of roadway conditions.

 Low cost of installation.

Disadvantages:

 May add to sign clutter.

 Increased cost of sign maintenance.

 Not a regulatory sign.

Special Considerations:

 Advisory only, cannot be enforced.

Cost:

 $200 per sign.

Oct. 17, 2023
Item #3 Page 46 of 79
TB-10

Phase I
Neighborhood Speed Monitoring Program

Description:

Resident writes down the license plate
number of vehicle(s) observed to be speeding
noting date, time & location. Information is
called in to the Traffic Division of the Police
Department. The Police Department sends a
letter to the registered vehicle owner
informing them their vehicle was observed to
be speeding on the stated street on the
specified date, time & location. The vehicle
owner is informed that residents are very
concerned about speeding & are requested to
observe the 25 mph residential speed limit.

Application:

The Neighborhood Speed Monitoring Program
helps to discourage speeding through
neighborhood & Police Department
involvement, awareness & neighborhood peer
pressure.

Advantages:

 Encourages speed compliance.

 Creates nei ghborhood involvement
and awareness.

Disadvantages:

 Not an enforcement tool.

 Requires Police Department resources
to send letters.

Cost:

 police Department staff time to send out letters.

Oct. 17, 2023
Item #3 Page 47 of 79
TB-11

Phase II
Residential STOP Signs

Description:

Residential s top signs may be considered
for installation under special
circumstances for speed reduction at
intersections on residence district streets.

Application:

The installation of residential stop signs at
intersections reduces the uncontrolled
length of a street, which may help to
reduce vehicle speeds on the street.

Advantages:

 May help reduce vehicle speeds
within 150-200 feet of intersection.
 Favored by many residents.
 Low cost of installation.

Disadvantages:

 Non-enforcement may lead to a general non -
compliance of stop signs.
 May divert traffic to other streets.
 Emergency response times slightly impacted.
 Increased maintenance costs
 May lead to increased noise/air pollution
 Not as effective as horizontal d eflective
measures such as traffic circles.

Special Considerations:

 To control vehicle speeds, the recommended spacing of this traffic calming measure on a residential street is typically between 300 to 700 feet.

 Requires stop limit line and stop legend to be painted on the street which may lead to sign clutter.

 Requires stop limit line and stop legend to be painted on the street.

Cost:

 $2,000 (two approaches) - $4,000 (four approaches).

Oct. 17, 2023
Item #3 Page 48 of 79
TB-12

Phase II
Speed Table

Description:

Speed tables are constructed 3 to
4 inches above the elevation of
the street. They feature ramps on
the approaches and a flat top,
typically about the length of a
passenger car.

Application:

Speed tables help reduce vehicle
speeds at mid-block locations.

Advantages:

 Reduces vehicle speeds.
 Access not affected.
 Generally results in a gentler
ride as compared to speed
lumps.

Disadvantages:

 May increase noise.
 Emergency response times affected.
 Increased maintenance costs.
 Perception of reducing property values.
 May not be as aesthetically pleasing as chicanes.

Special Considerations:

 Requires special signing and markings which may lead to sign clutter.

 Careful attention required for drainage issues and other design issues.

 Works well in combination with curb extensions and curb radius reductions.

 At existing crosswalk locations, a crosswalk may be painted on the proposed speed table.

Fire Department and Police Department Evaluation:

Fire Department and Police Department shall have final approval of speed table locations and spacing.

Cost:

 $8,000 - $14,000 each (prefabricated).

Oct. 17, 2023
Item #3 Page 49 of 79
TB-13

Phase II
Speed Cushions

Description:

Prefabricated rubber or field
formed asphalt approximately 3
inches in heig ht and 7 -12 feet in
length installed in a series across
a roadway. Transverse cuts
across the cushion allow some
emergency vehicles to pass
without vertical deflection.

Application:

Reduce vehicle speeds without
significantly impacting some
emergency v ehicle response
time.

Advantages:

 Reduces vehicle speeds.
 May reduce vehicle volumes.

Disadvantages:

 May increase noise.
 Aesthetics.
 May divert traffic to other streets.
 Perception of reducing property values.
 Increased maintenance costs.
 Some emergency vehicles impacted by slowing response
times.

Special Considerations:

 Requires special signing and markings.

 To control vehicle speeds, the spacing must be carefully evaluated.

Fire Department and Police Department Evaluation:

Fire Department and Police Department shall have final approval of speed lump locations and spacing.

Cost:

 $4,000 - $6,000 each (prefabricated).

Oct. 17, 2023
Item #3 Page 50 of 79
TB-14

Phase II
High Visibility Crosswalks

Description:

High visibility crosswalks established by
painting stripes between the crosswalk's
outer boundary stripes.

Application:

High visibility crosswalks increase crosswalk
visibility to drivers.

Advantages:

 More visible to the driver than
traditional crosswalks.

Disadvantages:

 May give false sense of security to
pedestrians.

 Higher maintenance costs.

Special Considerations:

 Should only considered at controlled intersections where painted crosswalks already exist.

 Pedestrians may place too high a reliance on its ability to control driver behavior.

 Can be used at high pedestrian volume crossing locations.

Cost:

 $1500 to $7,000 each.

Oct. 17, 2023
Item #3 Page 51 of 79
TB-15

Phase II
Narrowing Lanes (Striping)

Description:

Striping used to narrow traffic
lanes. The "extra" pavement width
can be used to create or add to
bicycle and/or parking lanes. Lane
striping can also be used to visually
simulate the hardscape features
that define the horizontal traffic
calming measures found in Phase
III.

Application:

Narrowing lanes with striping used
to help slow vehicle speeds.

Horizontal measures can be
simulated with striping but are not
as effective as Phase III traffic
calming measures that use
hardscape to deflect traffic.

Advantages:

 Can be quickly implemented in
some circumstances.
 May reduce travel speeds.
 May improve safety.

Disadvantages:

 Not effective as stand-alone measure.
 May lead to loss of parking.
 Increases regular maintenance.
 Some residents may oppose striping on neighborhood
streets.
 Increases resurfacing costs.

Special Considerations:

 Narrowed travel lanes create "friction" to help slow vehicle speeds.

 Can be installed quickly.

 Designated bicycle lanes and/or parking lanes can be created.

 Adds centerline and edgeline striping to neighborhood streets.

Cost:

 $0.75 per linear foot.

Oct. 17, 2023
Item #3 Page 52 of 79
TB-16

Phase II
Neighborhood Signs

Description:

Neighborhood signs involve the use of special
signs such as "ENTERING A TRAFFIC CALMED
NEIGHBORHOOD" to increase motorist
awareness.

Application:

Neighborhood signs help reduce speeding on
residential streets.

Advantages:

 May increase driver awareness.

 May cause drivers to slow down.

 Low cost of installation.

Disadvantages:

 May have no lasting effect.

 Can create false sense of security.

 Adds to sign clutter.

 Increased cost of sign maintenance.

 Not a standard MUTCD sign.

Special Considerations:

 Installed at entry points to a neighborhood.

Cost:

 $$200 per sign.

Oct. 17, 2023
Item #3 Page 53 of 79
TB-17

Phase III
Turn Restrictions via Signs

Description:

Standard "No Left Turn", "No Right Turn",
or "Do Not Enter" signs used to prevent
undesired turning movements onto
residential streets.

Application:

Turn restriction signing used to reduce
cut-through traffic on residential streets.

Advantages:

 Redirects traffic to main streets.

 Reduces cut-through traffic.

 Low cost.

Disadvantages:

 May divert traffic to other streets.

 Inconvenient to residents.

 Enforcement required.

 Adds to sign clutter.

 Violation rates can be high without
enforcement.

Special Considerations:

 Installed at entry points of a neighborhood to prevent traffic from entering.

 Has little or no effect on speeds for through vehicles.

 With active enforcement, violation rates can be reduced.

Cost:

 $200 per sign.

Oct. 17, 2023
Item #3 Page 54 of 79
TB-18

Phase III
Textured Pavement

Description:

Textured pavement is installed in the roadway
typically to provide an entry statement to the
neighborhood.

Application:

Used as a visual cue for drivers to slow down.

Advantages:

 Aesthetic/visual enhancement.

 Provides entry statement to traffic calmed
area.

Disadvantages:

 Increase in maintenance.

 Increase in noise.

 Expensive.

Special Considerations:

 Textured pavement has minimal influence on drivers routine behavior.

 Overall speeds and volumes are usually only minimally influenced.

Cost:

 $10 per square foot.

Oct. 17, 2023
Item #3 Page 55 of 79
TB-19

Phase III
Entry Treatment

Description:

Entry treatments consist of raised landscaped
median islands and textured pavement features
and are located at entries to neighborhoods.

Application:

Entry treatments help reduce speed. They provide
visual cues to drivers they are entering a
residential area or that surrounding land uses are
changing.

Advantages:

 May reduce vehicle speeds.

 Creates an identify for the
neighborhood.

 May reduce cut-through traffic.

 Opportunity for landscaping.

Disadvantages:

 Increase in noise.

 May require removal of parking.

 Can impede truck movements.

 Creates physical obstruction.

 Increase in maintenance.

Special Considerations:

 Entry treatments have minimal influence on drivers routine behavior.

 Overall speeds and volumes are usually only minimally affected.

 Entry treatments make drivers more aware of the neighborhood environment.

 Care should be taken not to restrict pedestrian visibility at adjacent crosswalk.

Cost:

 $21,000 to $35,000 per approach.

Oct. 17, 2023
Item #3 Page 56 of 79
TB-20

Phase III
Center Island Narrowing

Description:

Center island narrowing is the construction
of a raised island in the center of a wide
street.

Application:

Center islands are installed on wide streets
to help lower speeds and/or to prohibit left -
turning movements. They also provid e a
mid-point refuge area for pedestrians.

Advantages:

 Reduces vehicle speeds.

 Can reduce vehicle conflicts.

 Reduces pedestrian crossing width.

 Landscaping opportunity.

Disadvantages:

 May require parking removal.

 May reduce driveway access.

 May impact emergency vehicles.

 May divert traffic to other streets.

Special Considerations:

 When used to block side street access, may divert traffic.

 May visually enhance the street with landscaping.

 Bicyclists prefer not to have travel way narrowed.

Cost:

 $14,000 to $28,000 each.

Oct. 17, 2023
Item #3 Page 57 of 79
TB-21

Phase III
Curb Radius Reduction

Description:

Removal of existing larger radius curb returns
at an intersection and construction of smaller
radius curb returns.

Application:

Curb radius reductions slow vehicle turning
speeds and shorten pedestrian crossing
distance.

Advantages:

 Shorter pedestrian crossing width.

 Slower vehicle turning speeds.

 Opportunity for landscaping.

Disadvantages:

 Impacts large vehicle turns.

Special Considerations:

 Careful attention needs to be given to drainage issues and turning radii.

Cost:

 $12,000 to $18,000 (four-leg intersection)

Oct. 17, 2023
Item #3 Page 58 of 79
TB-22

Phase III
Traffic Circle

Description:

Traffic circles are raised circular islands
installed in an existing intersection. Traffic
circles require drivers to slow down to
maneuver around the circle.

Application:

Traffic circles provide speed control.

Advantages:

 Effectively reduces vehicle speeds.
 Reduces collision potential.
 Better side-street access.
 Opportunity for landscaping.

Disadvantages:

 May increase bicycle/automobile conflicts.
 Can increase emergency vehicle response time.
 Can restrict large vehicle access.
 Expensive.
 Some left-turning vehicles must negotiate
circle clockwise.

Special Considerations:

 Traffic circles are best used in a series or with other devices.

 About 30 feet of curbside parking must be prohibited in advance of circle.

 Requires the installation of signs and pavement markings.

 Traffic circles are less effective at T-intersections.

Fire Department and Police Department Evaluation:

Fire Department and Police Department shall have final approval of traffic circle locations.

Cost:

 $20,000 to $35,000 per intersection.

Oct. 17, 2023
Item #3 Page 59 of 79
TB-23

Phase III
Raised Intersection

Description:

A raised intersection is a flat, raised area
covering an entire intersection. There are
ramps on all approaches. The plateau is
generally about 4" high. Ty pically, the
raised intersection is finished with
textured pavement.

Application:

Raised intersections reduce vehicle speeds
and provide for safer pedestrian crossings.

Advantages:

 Effectively reduces vehicle speeds.

 Enhances pedestrian safety.

 Can be aesthetically pleasing.

Disadvantages:

 Expensive to construct and maintain.

 Requires drainage modifications.

 Affects emergency vehicle response time.

 May require bollards around corners.

Special Considerations:

 Makes intersections more pedestrian-friendly.

 Special signing is required.

Fire Department and Police Department Evaluation:

This measure is one of the least acceptable to the Fire Department and the Police Department and its use requires extens ive evaluation of the specific location and impacts to emergency response times.

Cost:

 $48,000 to $110,000 per intersection.

Oct. 17, 2023
Item #3 Page 60 of 79
TB-24

Phase III
Mid-Block Choker

Description:

Mid-block chokers are curb extensions
that narrow a street by extending
the curbs towards the center of the
roadway. The remaining street cross -
section consists of two narrow lanes.

Application:

Reduces speeds by narrowing the roadway
so two vehicles can pass slowly in opposite
directions.

Advantages:

 Effectively reduces vehicle speeds.

 Shorter pedestrian crossing width.

 Improves sight distance.

 Opportunity for landscaping.

Disadvantages:

 May require parking removal.

 May create hazard for bicyclists.

 May create drainage issues.

 May impede truck movements.

 May impact driveway access.

Special Considerations:

 Preferred by many emergency response agencies to other measures.

 Provide excellent opportunities for landscaping.

Cost:

 $14,000 per location

Oct. 17, 2023
Item #3 Page 61 of 79
TB-25

Phase III
Lateral Shift

Description:

A lateral shift is the construction of curb
extensions into the roadway that creates a
horizontal deflection drivers must
negotiate.

Application:

A lateral shift helps reduce vehicle speeds.

Advantages:

 Effectively reduces vehicle speeds.

 Low impact on emergency vehicles.

 Opportunity for landscaping.

Disadvantages:

 Loss of parking.

 Increased maintenance.

 May impact driveways.

 May be expensive.

Special Considerations:

 Most effective when traffic volumes are approximately equal in both directions.

 May increase conflicts with pedestrians and bicyclists.

Cost:

 $14,000 to $28,000 per location.

Oct. 17, 2023
Item #3 Page 62 of 79
TB-26

Phase III
Chicane

Description:

A chicane is a series of two or more
staggered curb extensions on alternating
sides of a roadway. The horizontal
deflection causes motorists to reduce
speed.

Application:

Chicanes help reduce vehicle speeds.

Advantages:

 Effectively reduces vehicle speeds.

 Low impact on emergency vehicles.

 Opportunity for landscaping.

Disadvantages:

 Loss of parking.

 Increased maintenance.

 May impact driveways.

 May be expensive.

Special Considerations:

 May require removal of substantial amounts of on-street parking.

 Most effective when traffic volumes are approximately equal in both directions.

 May increase conflicts with pedestrians and bicyclists.

 Provide landscaping opportunities.

 Most residents would have their driveways affected.

Cost:

 $40,000 to $80,000 per location.

Oct. 17, 2023
Item #3 Page 63 of 79
TB-27

Phase III
Intersection Bulb-Out

Description:

Intersection bulb -outs narrow the street
by extending the curbs toward the center
of the roadway.

Application:

Used to narrow the roadway and to create
shorter pedestrian crossings. They also
influence driver behavior by changing the
appearance of the street.

Advantages:

 Improve pedestrian visibility.
 Shorter pedestrian crossing width.
 May reduce vehicle speeds.
 Opportunity for landscaping.

Disadvantages:

 May require parking removal.
 May create hazard for bicyclists.
 May create drainage issues.
 Impacts large vehicle turns.

Special Considerations:

 Intersection bulb-outs at transit stops enhance service.

 May require landscape maintenance to preserve sight distances.

Fire Department Evaluation:

 Intersection Bulb-Outs shall be restricted to only one of the two intersecting streets.

Cost:

 $14,000 to $28,000 (four-leg intersection).

Oct. 17, 2023
Item #3 Page 64 of 79
TB-28

Phase III
Realigned Intersection

Description:

"T" intersections are realigned/modified
by constructing horizontal deflection
which forces previous straight -through
movements to make slower turning
movements.

Application:

Realigned intersections help reduce
vehicle speeds.

Advantages:

 Reduces vehicle speeds.

 No significant impact on emergency
and transit service.

 May discourage through traffic.

 Opportunity for landscaping.

Disadvantages:

 Removal of parking required.

 Increased maintenance.

 May divert traffic to other streets.

Special Considerations:

 Reduces vehicle speeds near intersection.

 May change STOP sign configuration and affect emergency response times.

 Careful attention needs to be made to drainage issues.

Cost:

 $14,000 to $28,000 each intersection.

Oct. 17, 2023
Item #3 Page 65 of 79
TB-29

Phase III
Forced Turn Channelization

Description:

Forced turn channelization are raised
median islands that restrict specific
movements at an intersection.

Application:

Forced turn channelization reduces traffic
volumes/cut-through traffic.

Advantages:

 Reduces cut-through traffic.

 More self-enforcing than signs.

 Shorter pedestrian crossing distances.

Disadvantages:

 May divert traffic to other streets.

 Can increase trip lengths.

Special Considerations:

 Has little or no effect on speeds for through vehicles.

 In emergency situations, emergency vehicles can gain access.

 May increase emergency response times.

Cost:

 $7,000 to $14,000 per approach.

Oct. 17, 2023
Item #3 Page 66 of 79
TB-30

Phase III
Median Barrier

Description:

Median barriers are raised islands constructed
through intersections that prevent left turns
and side street through movements.

Application:

Median barriers reduce cut-through traffic.

Advantages:

 Redirects traffic to other streets.
 Reduces cut-through traffic.
 Provides pedestrian refuge area.
 Opportunity for landscaping.

Disadvantages:

 Redirects traffic to other streets.
 Increases trip lengths.
 May impact emergency response.
 Creates physical obstruction.

Special Considerations:

 Should not be used on critical emergency response routes.

 Landscaping needs to be carefully design ed to not restrict visibility for motorists, bicyclists and pedestrians.

Fire Department and Police Department Evaluation:

This measure is one of the least acceptable to the Fire Department and Police Department; its use requires extensive evaluation of the specific location and impacts to emergency response times.

Cost:

 $14,000 to $28,000 each.

Oct. 17, 2023
Item #3 Page 67 of 79
TB-31

Phase III
Semi-Diverter

Description:

Semi-diverters are curb extensions that
restrict movements into a street. They are
constructed to approximately the center of
the street, obstructing one direction of traffic.

A one -way segment is created at the
intersection, while two -way traffic is
maintained for the rest of the block.

Application:

Semi-diverters reduce traffic volume.

Advantages:

 Reduces cut-through traffic.
 More self-enforcing than signs.
 Reduces pedestrian crossing widths.
 Opportunity for landscaping.

Disadvantages:

 May divert traffic to other streets.
 May increase trip lengths.
 May require the removal of parking.
 Increased maintenance.

Special Considerations:

 Restricts access into street while allowing residents access within block.

 Potential use must consider how residents will gain access.

 In emergency situations, emergency vehicles can gain access.

 May increase emergency response times.

Fire Department and Police Department Evaluation:

This measure is one of the least acceptable to the Fire Department and Police Department; its use requires extensive evaluation of the specific location and impacts to emergency response times.

Cost:

 $20,000 to $28,000 each.

Oct. 17, 2023
Item #3 Page 68 of 79
TB-32

Phase III
Partial Diverter

Description:

Partial diverters are raised areas placed
diagonally across a f our-legged
intersection (3/4 closure). They prohibit
through movements by creating two "L"
shaped intersections, with one leg having
a right turn.

Application:

Partial diverters help reduce cut -through
traffic. They also minimally decrease
speeds near the intersection.

Advantages:

 Reduces cut-through traffic.
 Minimal impact to emergency access.
 Reduces collision potential.
 Opportunity for landscaping.

Disadvantages:

 Redirects traffic to other streets.
 May increase trip lengths.

Special Considerations:

 Problem(s) may be shifted to other streets unless a comprehensive area plan is developed.

 Less impact to circulation than a full street closure.

 Can be attractively landscaped.

Fire Department and Police Department Evaluation:

This measure is one of the least acceptable to the Fire Department and Police Department; its use requires extensive evaluation of the specific location and impacts to emergency response times.

Cost:

 $20,000 to $48,000 each.

Oct. 17, 2023
Item #3 Page 69 of 79
TB-33

Phase III
Diagonal Diverter

Description:

Diagonal diverters are raised areas placed
diagonally across a four -legged intersection.

They prohibit through movements by creating
two "L" shaped intersections.

Application:

Diagonal diverters reduce traffic volumes.

They also mini mally decrease speeds near the
intersection.

Advantages:

 Reduces cut-through traffic.
 Self-enforcing.
 Reduces vehicle conflicts.
 Opportunity for landscaping.

Disadvantages:

 Increases out of direction travel.
 Increases trip lengths.
 Impedes emergency vehicles.

Special Considerations:

 Can be designed to allow emergency vehicle access.

 Can be designed to allow pedestrian and bicycle access.

 Problem(s) may be shifted to other streets unless a comprehensive area plan is developed.

 Less impact to circulation than a full street closure.

Fire Department and Police Department Evaluation:

This measure is one of the least acceptable to the Fire Department and Police Department; its use requires extensive evaluation of the specific location and impacts to emergency response times.

Cost:

 $25,000 to $52,000 each.

Oct. 17, 2023
Item #3 Page 70 of 79
1 3

LOCATION MAP
52 3
4 Exhibit 3
Oct. 17, 2023
Item #3 Page 71 of 79
June 5, 2023 Traffic & Mobility Regular Meeting Page 1 Co
uncil Chambers
1200 Carlsbad Village Drive
Carlsbad, CA 92008
June 5, 2023, 4 p.m.

CALL TO ORDER: 4 p.m.

ROLL CALL: Coelho, Fowler, Penseyres, Newlands, Garcia, and Kohl.

Proul x – Absent.

PLEDGE OF ALLEGIANCE: Chair Coelho led the Pledge of Allegiance.

APPROVAL OF MINUTES:

Minutes of the Regular Meeting held on May 1, 2023
Motion by C
ommissioner Kohl, seconded by Vice -Chair Fowler to approve the m inutes of the Regular Meeting held on May 1, 2023, as presented. Motion carried, 5/0/1/1 (Newlands – Abstain, Proulx – Absent).

PUBLIC COMMENT:

Jan Neff-Sinclair spoke regarding the Carlsbad budget and shared disappointment at the elimination of some of the TGIF concerts. She also shared concern over raising the sales tax.

CONSENT CALENDAR:

Motion by Commissioner Newlands, seconded by Commissioner Kohl to approve Consent Item No. 1. Motion carried, 6/0/0/1 (Proulx – Absent).

1. SEMIANNUAL TRANSPORTATION REPORT – Receive the Semiannual Transportation Report. (Staff Contact: Tom Frank, Public Works Department).

This item
was pulled for discussion by Commissioner Penseyres.

2. 2023 SLURRY SEAL PROJECT NO. 6001- 23SS – Support staff’s recommendation to the City Council to approve the plans for the 2023 Slurry Seal Project, Capital Improvement Project No. 6001-23SS, as a part of the Pavement Management Program. (Staff Contact: Eric Zielke and Hossein Ajideh, Public Works Department).

CONSENT CALENDAR ITEM #2 PULLED FOR DISCUSSION:

This item was pulled for discussion by Commissioner Penseyres.

Exhibit 4
Oct. 17, 2023
Item #3 Page 72 of 79
June 5, 2023 Traffic & Mobility Regular Meeting Page 2

In response to Commissioner Penseyres’ concern about the width of the bike lane being six inches too narrow to provide a minimum two foot door side buffer along with the five foot bike lane to avoid failing the Multimodal Level of Service, City Traffic Engineer Kim responded that the city started practicing a 10.5 width for lanes adjacent to raised medians but considering that Paseo Del Norte is relatively low speed, staff is willing to reduce the vehicle lane width to 1 0 feet and add the half foot to the bike lane to get the two foot door side buffer and a five foot bike lane.

In response to Commissioner Penseyres’ suggestion about extending the bike lane on Paseo Del Norte back another 50 feet to help the cyclists merg e before the left-hand curve, City Traffic Engineer Kim responded that they could accommodate a bike lane in the gore area of Cannon Road which would reduce the move to the left that makes cyclists uncomfortable and then the dashed green would not have to be extended.

Motion by Commissioner Penseyres, seconded by Commissioner Newlands to recommend to the City Council to approve Consent Item No. 2 with the following amendments:
1) On Paseo Del Norte from Car Country Drive to Cannon Road to change vehicle lane widths to 10-feet to accommodate a five -foot bike lane with a two foot “door side” buffer between the bike lane and parking lane; and
2) Northbound on Paseo Del Norte at Cannon Road, the gore/hatched area between the left-turn lane and right -turn lane will be removed and the bike lane will be extended to the stop bar at the intersection; and
3) Tamarack Avenue from Knollwood Drive to Saddle Drive will be modified to reflect existing conditions with bike lane and door zone buffer.

Motion carried, 6/0/0/1 (Proulx – Absent).

DEPARTMENTAL REPORTS:

3. POLICE REPORT REGARDING TRAFFIC & MOBILITY -RELATED MATTERS DURING THE MONTH OF APRIL 2023, INCLUDING NOTABLE NEWS FOR THE MONTH OF MAY – Receive a presentation from a representative of the City of Carlsbad’s Police Department that will provide an overview of traffic and mobility -related police matters during the month of April 2023, including notable news for the month of May. (Staff Contact: Alonso DeVelasco, Police Department).

Staff’s Recommendation: Receive the presentation.

Lieutenant DeVelasco presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).

The Commission received the report.

In response to Commissioner Penseyres inquiry about whether the Police Department investigates hit and runs from previous months and whether the Commission can see these Oct. 17, 2023
Item #3 Page 73 of 79
June 5, 2023 Traffic & Mobility Regular Meeting Page 3 inv
estigation updates, Lieutenant DeVelasco responded that traffic investigators are tasked with following up with these cases and then he can get the updates and report on the percentages and closures.

4. SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTATION PROJECT, PREFERRED OPTION FOR THE 30% DESIGN – Receive a report on traffic study results for the South Carlsbad Boulevard Climate Adaptation Project and make a recommendation to the City Council on the preferred design option to complete the grant requirements. (Staff Contact: Tom Frank and Katie Hentrich, Public Works Department).

Sta
ff’s Recommendation: Receive the report and make a recommendation.

Th
e Commission received the report.

Kr
is Wright spoke against reducing Carlsbad Boulevard from Palomar Airport Road south to the border to 10.5-foot vehicle lane in each direction and keeping highway 101 as is, with four lanes.

Jan Ne
ff-Sinclair spoke in favor of keeping the coast highway a two -lane road wherever possible.

Kar
en Pearson spoke in favor of the roundabout and option number two, and possible speed limit reduction.

Bil
l Fenner spoke about reducing the speed limit on Carlsbad Boulevard to lower than 50 miles per hour. He spoke in support of the roundabout and lane reduction.

Mo
tion by Commissioner Kohl, seconded by Commissioner Penseyres to recommend to the City Council to adopt Option 2 - two vehicle lanes with roundabouts, as the preferred design option. Motion carried, 6/0/1 (Proulx – Absent).

5. FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM OVERVIEW OF TRANSPORTATION PORJECTS – Receive an informational report on transportation projects included in the proposed fiscal year 2023 -24 Capital Improvement Program budget. (Staff Contact: Tom Frank and Craddock Stropes, Public Works Department).

Sta
ff’s Recommendation: Receive the report.

Th
e Commission received the report.

6. TRAFFIC CALMING PLANS FOR VICTORIA AVENUE, HIGHLAND DRIVE, NUEVA CASTILLA WAY, CIRCULO SEQUOIA AND CELINDA DRIVE – Receive the presentation based on the findings contained in this report and the requirements of the Carlsbad Residential Traffic Oct. 17, 2023
Item #3 Page 74 of 79
June 5, 2023 Traffic & Mobility Regular Meeting Page 4

Management Program, and support staff’s recommendation for the proposed traffic calming plans on Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive. (Staff Contact: Lindy Pham and Miriam Jim, Public Works Department).

Staff’s Recommendation: Receive the presentation and support staff’s recommendation.

The Commission received the report.

Christine Marshall spoke regarding the survey results for Celinda Drive and stated that the results did not meet the 67% minimum requirement.

Gary Nessim spoke in favor of the proposed traffic calming plans.

Meghan Novy spoke in support of the speed humps on Celinda Drive.

Kevin Valles spoke in support of the speed humps on Celinda Drive.

In response to Commissioner Penseyres ’ question about the Celinda Drive survey not being valid since the support rate did not meet the 67% requirement and since some surveys were accepted after the due date, City Traffic Engineer Kim responded that all support rates are rounded to nearest whole number and that 66.67% can be considered equivalent to 67%. He further added that the due dates given on the survey are to encourage residents to return the survey in a timely manner and that surveys are accepted in the period between the due date and the scheduled Traffic & Mobility Commission date.

Motion by Commissioner Kohl, seconded by Commissioner Penseyres to support staff’s recommendation for the proposed traffic calming plans on Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive. Motion carried, 6/0/1 (Proulx – Absent).

7. TYLER STREET COMPLETE STREETS STUDY – Receive a presentation and provide input regarding the Tyler Street Complete Streets Study. (Staff Contact: Nathan Schmidt and Nick Gorman, Public Works Department).

Staff’s Recommendation: Receive the presentation and provide input.

The Commission received the report and provided input.

Jeanine spoke about the parking and shared her concern about adding bicycle lanes and lack of parking for residents.

Jen Neff-Sinclair spoke her concern about the proposed improvements on Tyler Street.

Oct. 17, 2023
Item #3 Page 75 of 79
June 5, 2023 Traffic & Mobility Regular Meeting Page 5

Gary Nessim spoke about his desire to see wider sidewalks added in the Carlsbad Village. He also shared the need for lighting on Tyler Street.

8. SUSTAINABLE MOBILITY IMPLEMENTATION PLAN & MULTIMODAL TRANSPORTATION IMPACT FEE STUDY: REVIEW OF PRIORITY PROJECTS – Receive an update and provide input on the project prioritization of Sustainable Mobility Plan implementation plan. (Staff Contact:

Nathan Schmidt, Public Works Department).

Staff’s Recommendation: Receive the update and provide input.

The Commission received the report and provided input.

In response to Commissioner Penseyres comment on prioritizing the section o f Avenida Encinas north of the train station exit that is extremely narrow, Transportation Planning and Mobility Manager Schmidt responded that the section on Avenida Encinas is part of the approved Capital Improvement Program (CIP # 6004 - Avenida Encinas Coastal Rail Trail and Pedestrian Improvements) and it will be addressed with new bike lanes in both directions of travel on Avenida Encinas.

9. FISCAL YEAR 2023 -24 – TRAFFIC AND MOBILITY COMMISSION WORKPLAN – Review and approve the final Fiscal Year 2023-24 Traffic and Mobility Commission Workplan and appoint a commissioner to represent the Traffic and Mobility Commission at the City Council meeting where the Work Plan will be presented for City Council consideration. (Staff Contact: Nathan Schmidt, Public Works Department).

Staff’s Recommendation: Approve the Work Plan and appoint one commissioner to represent the Traffic & Mobility Commission at a City Council meeting.

The Commission received the report.

In response to Commissioner Kohl’s comment that the Commission would like to change the name to Traffic, Mobility and Safety Commission, Transportation Planning and Mobility Manager Schmidt responded that he would make that change in his notes.

In response to Chair Coelho’s comment that the minutes reflect the name change request to show as Traffic, Safety and Mobility Commission, Transportation Planning and Mobility Manager Schmidt responded that the Commission could discuss and make a recommendation to change the name at this time.

Motion by Vice -Chair Fowler, seconded by Commissioner Newlands to change the name of the Traffic and Mobility Commission to Traffic and Mobility Safety Commission. Motion failed, 3/3/1 (Proulx – Absent).

Oct. 17, 2023
Item #3 Page 76 of 79
June 5, 2023 Traffic & Mobility Regular Meeting Page 6

In response to Chair Coelho’s request to add the Annual Presentation of the Budget to the Work Plan, Transportation Planning and Mobility Manager Schmidt responded that he would add it to the Traffic & Mobility Commission workplan.

Motion by Chair Coelho, seconded by Commissioner Kohl to recommend to the City Council to approve the Fiscal Year 2023-24 Traffic & Mobility Commission Workplan with the addition of the Annual Budget Presentation. Motion carried, 6/0/1 (Proulx – Absent).

Motion by Commissioner Garcia, seconded by Vice-Chair Fowler to appoint Commissioner Kohl as representative of the Traffic & Mobility Commission at the July 25, 2023, City Council Meeting. Motion carried, 5/0/1/1 (Kohl – Abstain, Proulx – Absent).

Motion by Commissioner Penseyres, seconded by Commissioner Newlands to appoint Chair Coelho as the back -up representative of the Traffic & Mobility Commission at the July 25, 2023, City Council Meeting. Motion carried, 6/0/1 (Proulx – Absent).

CITY TRAFFIC ENGINEER COMMENTS:

City Traffic Engineer Kim explained that staff will bring forward another group of streets for traffic calming at the next meeting in August.

COMMISSION COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS:

In response to Commissioner Kohl’s question about the red -light time at Fire Station No. 2 and whether they could put some sort of indication that there is a call -in process, and also about using the Opticom to put the intersection into Preempt instead of using the door mechanism, City Traffic Engineer Kim respond ed that he believes the preemption is not by the door mechanism but by the fire station operators , he further added that staff will take a look at this and see if there is a way to notify the publi c of a call-in progress and about shortening the red - light delay.

Commissioner Penseyres mentioned a Strong Towns grant that a resident of oceanside received to do a study of the intersection of Basswood and Valley where there was a recent fatality. He further added that this person will be using a radar detector to conduct speed surveys on both of those streets and the results showed that the maximum speed measured on Basswood Avenue was between 66 and 67 miles per hour.

In response to Vice -Chair Fowler’s question regarding the traffic signal on El Camino Real and Arenal and how it operates with the Fire Station, City Traffic Engineer Kim respond ed that he would let his traffic signal staff know that it would be helpful to bring this information to the Traffic & Mobility Commission when the agenda is light.

Oct. 17, 2023
Item #3 Page 77 of 79
June 5, 2023 Traffic & Mobility Regular Meeting Page 7

ADJOURNMENT: Chair Coelho adjourned the Traffic & Mobility Commission Regular Meeting on June 5, 2023, at 7:44 p.m.

___________________________
Eliane Paiva
Secretary

Oct. 17, 2023
Item #3 Page 78 of 79
Exhibit 5
Pla
ns, specifications and contract documents
(on file in the Office of the Office of the City Clerk) Oct. 17, 2023
Item #3 Page 79 of 79

CITY OF CARLSBAD

CARLSBAD, CA

CITY COUNCIL

KEITH BLACKBURN - MAYOR

PRIYA BHAT-PATEL - MAYOR PRO TEM

MELANIE BURKHOLDER - COUNCIL MEMBER

CAROLYN LUNA - COUNCIL MEMBER

TERESA ACOSTA - COUNCIL MEMBER

SCOTT CHADWICK

CITY MANAGER

PAZ GOMEZ

DEPUTY CITY MANAGER - PUBLIC WORKS

VICINITY MAP

TRAFFIC CALMING FOR VICTORIA AVE, HIGHLAND DR, NUEVA

CASTILLA WAY, CIRCULO SEQUOIA AND CELINDA DR

CONSTRUCTION PLANS
FOR

SHEET INDEX
SHEET NUMBERSHEET TITLE"AS BUILT"
DATE

INSPECTORDATE
REVIEWED BY:

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00 01 01 TITLE PAGE Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

CITY OF CARLSBAD

CONTRACT DOCUMENTS
FOR:

Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive
Project No. 6070
PWS24-2308TRAN

1635 Faraday Ave, Carlsbad, CA 92008
Email: [email protected]

TABLE OF CONTENTS Date Printed: September 26, 2023
Document Version: 1.0 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

TABLE OF CONTENTS Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

9. GOVERNING GENERAL PROVISIONS. ................................................................................... 7

10. MODIFICATIONS OF BIDS. .................................................................................................. 7

11. BID GUARANTEE. ............................................................................................................... 8

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. ......................................................................................................... 11

18. BIDDER INFORMATION AND EXPERIENCE FORM. ........................................................... 12

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. ............................................................................................................ 14

25. SUBMISSION OF SEALED BIDS. ........................................................................................ 14

26. OPENING OF BIDS. ........................................................................................................... 15

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. .................................................................. 16

TABLE OF CONTENTS Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

31. BASIS OF AWARD; BALANCED BID. .................................................................................. 16

32. AWARD PROCESS. ............................................................................................................ 16

33. EXECUTION OF CONTRACT. ............................................................................................. 17

34. BUSINESS LICENSE. .......................................................................................................... 17

35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES. .............................. 17

36. USE OF RECYCLED MATERIALS. ........................................................................................ 17

37. STATUTORY REFERENCES. ............................................................................................... 17 00 41 00 BID FORM .................................................................................................................... 18

1. BID SCHEDULE. ............................................................................................................... 19

2. TOTAL BID PRICE. ........................................................................................................... 19

3. RECITALS. ....................................................................................................................... 20 00 43 10 BID BOND FORM ......................................................................................................... 26 00 43 20 BID SECURITY............................................................................................................... 28 00 43 30 PROPOSED SUBCONTRACTORS FORM ........................................................................ 29 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM ....................................................... 31

1. INFORMATION ABOUT BIDDER. ..................................................................................... 31

2. LIST OF CURRENT PROJECTS (BACKLOG) ....................................................................... 33

3. VERIFICATION AND EXECUTION ..................................................................................... 37 00 45 10 NON-COLLUSION AFFIDAVIT ....................................................................................... 38 00 45 15 IRAN CONTRACTING ACT CERTIFICATION ................................................................... 39 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION .................................. 40 00 45 25 CERTIFICATE OF INSURANCE ....................................................................................... 41

TABLE OF CONTENTS Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023
00 45 30 STATEMENT REGARDING DEBARMENT ...................................................................... 42 00 45 35 DISCLOSURE OF DISCIPLINE RECORD .......................................................................... 43 00 52 00 CONTRACT ................................................................................................................... 45 00 61 10 LABOR AND MATERIALS BOND ................................................................................... 49 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND .................................................... 52 00 61 30 OPTIONAL ESCROW AGREEMENT ............................................................................... 56 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS ....................................................... 59 INTRODUCTION ..................................................................................................................... 59 00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS .................................................. 146 INTRODUCTION ................................................................................................................... 146 PART 2 CONSTRUCTION MATERIALS ................................................................................... 146 PART 3 CONSTRUCTION METHODS ..................................................................................... 156 PART 4 EXISTING IMPROVEMENTS ...................................................................................... 160 SECTION 2 ................................................................................................................................ 163 01 11 00 SUMMARY OF WORK ................................................................................................ 163 PART 1 GENERAL .................................................................................................................. 163 PART 2 PRODUCTS (NOT USED) ........................................................................................... 163 PART 3 EXECUTION (NOT USED) .......................................................................................... 163 01 11 20 MEASUREMENT AND PAYMENT ............................................................................... 164 PART 1 GENERAL .................................................................................................................. 164 PART 2 PRODUCTS (NOT USED) ........................................................................................... 169 PART 3 EXECUTION (NOT USED) .......................................................................................... 169

TABLE OF CONTENTS Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023
01 31 00 PROJECT MANAGEMENT AND COORDINATION ....................................................... 170 PART 1 CONSTRUCTION MANAGEMENT SOFTWARE .......................................................... 170 01 32 00 SUBMITTALS .............................................................................................................. 171 PART 1 GENERAL .................................................................................................................. 171 PART 2 PRODUCTS (NOT USED) ........................................................................................... 174 PART 3 EXECUTION (NOT USED) .......................................................................................... 174 01 33 00 CONSTRUCTION PROGRESS SCHEDULE .................................................................... 175 PART 1 GENERAL .................................................................................................................. 175 PART 2 EXECUTION .............................................................................................................. 185 01 41 26 PERMIT REQUIREMENTS ........................................................................................... 191 PART 1 GENERAL .................................................................................................................. 191 PART 2 PRODUCTS (NOT USED) ........................................................................................... 194 PART 3 EXECUTION (NOT USED) .......................................................................................... 194 01 50 00 TEMPORARY FACILITIES AND CONTROLS.................................................................. 195 PART 1 GENERAL .................................................................................................................. 195 PART 2 PRODUCTS (NOT USED) ........................................................................................... 195 PART 3 EXECUTION (NOT USED) .......................................................................................... 195

00 11 10 NOTICE INVITING BIDS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 1 of 195 ends

SECTION 1

00 11 10 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 <insert Date and Time> through the online bidding portal (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) ) for the construction of the Work entitled:

Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive
PWS24-2308TRAN
Project No. 6070

2. DESCRIPTION OF WORK.

The Work includes the provision of all equipment, labor, materials, tools, services, transportation, permits, utilities, and all other items necessary to complete the construction of the following, as specified and shown in the Construction Documents:

Installation of asphalt speed cushions and associated signage and striping on Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive as specified.

The Work Site is located in the City of Carlsbad, in the County of San Diego, California.

3. COMPLETION OF WORK.

The Contract Time is established as sixty (60) Working Days. The Contract Time shall begin 5 Working Days from the date of receipt of the Notice to Proceed.

The Engineers’ estimate for this Project is $164,000.

4. OPENING AND AWARD OF BIDS.

Agency shall consider awarding the Contract for the Project to the l owest, 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 an d shall make certain that such delay does not restrict the Bid Guarantee.

00 11 10 NOTICE INVITING BIDS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 2 of 195 ends

6. BIDDER QUALIFICATIONS.

Bidders shall be licensed contractors pursuant to Business and Professions Code Sections 7000 et seq. under the classification of A: General Engineering as of the date of submittal of the Bid Documents and shall maintain such license until final acceptance of the Work. Additional qualifications are included in the Contract Documents.

7. PRE-BID CONFERENCE.

The Agency will not conduct a Pre-Bid Conference.

8. OBTAINING CONTRACT DOCUMENTS.

Bidders may obtain a copy of the Contract Documents from Agency’s website (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) ). To the extent required by Public Contract Code Section 20103.7, upon request from a contractor plan room service, the Agency shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. It is the responsibility of each prospective Bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a Bid. All Addenda will be posted on the online bidding portal. It is the responsibility of each prospective Bidder to check the online bidding portal on a daily basis through the close of the bidding period for any applicable Addenda.

The Agency does not assume any liability or responsibility for any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on the online bidding portal may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by the online bidding portal.

No time extensions or other consideration will be given for non -receipt or other circumstance associated with the review or acquisition of Contract Documents. Bids must be submitted on the Agency’s Bid Forms in the Contract Documents.

9. BID GUARANTEE AND BONDS.

Each Bid shall be accompanied by cash, a certified or cashier’s check or Bid Bond secured from a surety company satisfactory to the Agency, the amount of which shall not be less than 10% of the submitted Total Bid Price, made payable to the Agency as bid security. The bid security shall be provided as a guarantee that within 10 Working Days after the Agency provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within these 10 Working Days. No interest will be paid on funds deposited with the Agency.

All Bidders must upload Bidder’s Bond to the online bidding portal. The original Bid Bond for the 3 apparent low Bidders must be submitted to the city within 2 Business Days of Bid opening.

The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the 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

00 11 10 NOTICE INVITING BIDS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 3 of 195 ends

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 Certi fication 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 shall be submitted via Online Q&A in the online bidding portal.

The cutoff date and time to submit questions or substitution request regarding this Project via Online Q&A in the online bidding portal is ENTER DATE, at TIME. No questions will be entertained after that date.

The answers to questions submitted during the bidding period will be published in an addendum and provide to those bidding on the Project no later than DATE.

For further information, see the online bidding portal.

END OF SECTION

00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 4 of 195 ends

00 21 10 INSTRUCTIONS TO BIDDERS

1. SECURING CONTRACT DOCUMENTS.

Bids must be submitted to the Agency on the Bid Forms which are a part of the Contract Documents for the Project. The Contract Documents may be obtained from the Agency’s online bidding portal (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) ). Prospective bidders are encouraged to communicate with the Agency well in advance of the date and time bids ar e due to the Agency (“Bid Submission Deadline”) to determine the availability of Contract Documents.

The Agency may also make the Contract Documents available for review at one or more plan rooms. Prospective Bidders who choose to review the Contract Documents at a plan room must contact the Agency to obtain the required Contract Documents if they decide to submit a Bid for the Project.

Addenda will be posted on the online bidding portal . Failure to acknowledge all Addenda may make a Bid nonresponsive and ineligible for award of the Contract. Bidders are advised to verify the issuance of all Addenda and receipt of them 1 Working D ay prior to bidding. Failure to acknowledge all Addenda may make a Bid nonresponsive and ineligible for award of the Contract.

2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS.

At its own expense and before submitting its Bid, each Bidder shall visit the Site of the proposed Work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the Work, including but not limited to, difficulties and restrictions attending the execution of the Work under the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract Documents, and all other referenced documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the Work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors. Each Bidder shall also familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the Work, including the cost of permits and licenses required for the Work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the Site or where Work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contrac t. 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 obli gation 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

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Specifications, may promptly submit a written request for information, interpretation, clarification, or correction (“RFI”) to the Bid Administrator , the Agencies designated representative for soliciting and conducting bids on the Agencies online ebidding portal. (defined below). The Agency may not respond to RFIs submitted past the Q&A Submission Deadline. The Bidder submitting the RFI is responsible for prompt delivery to the Bid Administrator.

Responses to RFIs will be made only by duly issued written Addenda. The Agency shall not provide verbal responses to RFIs. Copies of written Addenda will be posted on the online bidding portal for each prospective Bidder who has downloaded a set of Contract Documents. The Agency will not be responsible for any other explanation or interpretations of the Drawings, Specifications or other parts of the Contract Documents. If any Prospective Bidder becomes aware of any errors or omissions in any part of the Contract Documents, the Prospective Bidder must promptly notify the Agency of such error or omission.

Before award of the Contract, no addition to, modification of, or interpretation of any provision in the Contract Documents will be given by any agent, employee or contractor of the Agency except as otherwise specified in these Instructions to Bidders. N o 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 m ust 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 answe red. 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 and who do not sign the “Sign -In” or attendance sheet, may be disqualified from the bidding process.

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Representatives of the Agency and its consultants, if any, will be present to the extent possible.

Questions asked by Bidder s at the Pre -Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference.

A Pre -Bid Conference may include a Project Site visit. Personal Protecti ve Equipment (PPE) is required of all Job Walk attendees. Attendees are required to wear closed toe shoes, long pants, no sleeveless shirts, safety glasses (may be prescription with side shields if in process areas), safety vests and hard hats. Only those possessing such attire will be allowed on the Job Site. The Agency will not provide personal protective equipment to Job Walk attendees.

6. ADDENDA.

The Agency may revise the Contract Documents before the Bid Submission Deadline. Revisions, if any, shall be made by written Addenda. All Addenda will be posted on the online bidding portal.

All Addenda issued by the Agency shall be acknowledged by the Bidder on the online bidding portal and made part of the Contract Documents. The Bidder shall acknowledge the Addenda before submitting its Bid. Bidders are responsible for the receipt of all Addenda. The Agency may reject a Bid if the Bidder fails to acknowledge all Addenda.

Pursuant to Public Contract Code Section 4104.5, if the Agency issues an Addendum which includes material changes to the Project less than 72 hours before the Bid Submission Deadline, the Agency will extend the Bid Submission Deadline by no less than 72 hours. The Agency may determine, in its sole discretion, whether an Addendum warrants pos tponement of the Bid Submission Deadline.

7. ALTERNATE BIDS.

If alternate Bid items are called for in the Notice Inviting Bids and the Contract Documents, the time required for completion of the Work for the alternate Bid items is factored into the Contract duration and no additional Contract time will be awarded. The Agency may elect t o 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 id entities 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”

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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 typew riter is required.

Deviations from these instructions may result in the Bid being deemed non-responsive.

The following documents must be completed and properly executed including notarization, where indicated, and submitted as a part of the complete Bid Package:

1. Bid Form (00 41 00)

2. Bid Bond (00 43 10) or Bid Security (00 43 20) with check/cash

3. Proposed Subcontractors Form (00 43 30)

4. Bidder Information and Experience Form (00 43 40)

5. Non-Collusion Affidavit (00 45 10)

6. Iran Contracting Act Certification (00 45 15)

7. Public Works Contractor Registration Certification (00 45 20)

8. Certificate of Insurance (00 45 25)

9. Statement Regarding Debarment (00 45 30)

10. Disclosure of Discipline Record (00 45 35)

11. Acknowledgement of ALL Addenda on the online 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 sub mitted, all prices must be written in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.

9. GOVERNING GENERAL PROVISIONS.

The Specifications contained in the Agency Supplemental General Provisions (00 73 00) take precedence over the specification language contained in the Standard Specifications for Public Works Construction, “the Greenbook” latest edition and all errata. The Supplemental General Provisions address the unique conditions in the City of Carlsbad that are not addressed in the Greenbook. Therefore, if there is a conflict between the two, the Supplemental Provisions shall control over the Greenbook.

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,

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or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic, and electronic modifications will not be considered.

11. BID GUARANTEE.

Each Bid shall be accompanied by: (a) a cashier’s check; or (b) a certified check made payable to Agency; or, (c) a Bid Bond secured from a surety company satisfactory to the Board, the amount of which shall not be less than 10% of the total bid price, made payable to Agency as bid security.

Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be a California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120.

The bid security shall be provided as a guarantee that within 10 Working Days after the Agency provides the successful Bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security may be declared forfeited if the successful Bidder fails to enter into a contract and provide the necessary bonds and certificates of insurance. Any Bid received that does not comply with these Bid Guarantee instructions may be rejected as non-responsive, and Agency may enter into a contract with the next lowest, responsive, responsible Bidder, or may call for new Bids. No interest shall be paid on funds deposited with the Agency. Copies of Bid Bonds submitted to the Agency shall have the same force and effect as the original.

The Bidder’s security of the second and third next lowest responsive Bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful Bidders shall be returned to them, or deemed void, within 10 Working Days after the Contract is awarded.

The proceeds of the Bidder’s security may also become property of the Agency if the Bidder withdraws its Bid within 15 Calendar Days after the Bid opening date, unless otherwise required by law, including Public Contract Code Section 5100 et. seq., and notwithstanding the award of the Contract to another Bidder.

The Bidder shall submit Bid Bond (00 43 10) or Bid Security (00 43 20) with properly certified check with the Bid Package.

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 suret y 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

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and insurance requirements shall be completed and submitted to Agency within 10 Working Days from the date the Agency provides the successful Bidder with the Notice of Award.

These bonds shall be kept in full force and effect during the course of this Project and shall extend in full force and effect and be retained by the Agency until they are released as stated in the Contract. The Bonds are to be accompanied by an original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.

13. SUBSTITUTION OF SECURITY.

The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The Agency will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Agency will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

14. OPTIONAL ESCROW FOR SECURITY DEPOSIT.

Pursuant to applicable provisions of law (i.e. , Public Contract Code Section 10263), appropriate securities may be substituted for any obligation required by these instructions or for any monies withheld by the Agency to ensure performance under the Contract. Public Contract Code Section 10263 requires monies or securities to be deposited with the Agency or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract.

15. INSURANCE REQUIREMENTS.

Before commencing the Work, the successful Bidder shall purchase and maintain insurance as set forth in the Agency General Conditions. If the Bid is accepted, and if requested by the Agency, Contractor shall provide Agency or preferred vendor copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Insurance Code Section 900 et seq. within 10 Calendar Days of the insurer’s receipt of a request to submit the statements.

In accordance with the provisions of Labor Code Section 3700, Contra ctor 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.

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The form of such, Certificate of Insurance (00 45 25), shall be submitted as a part of the Bid Package.

Insurance must be placed with insurers that:

1. Have a rating in the most recent Best’s Key Rating Guide of at least A-:VII, or

2. Appear on the List of Approved Surplus Line Insurers, (“LASLI”) with a Best’s Key Rating Guide of at least A: X.

3. Are admitted to conduct the business of insurance in the State of California by the Insurance Commissioner.

4. Otherwise comply with all other aspects of City Council Policy No. 70.

Auto policies offered to meet the specification of this Contract must:

1. Meet the conditions stated above for all insurance companies.

2. Cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.

Workers’ compensation insurance required under this Contract must be offered by a company meeting the above standards with the exception that the Best’s rating condition may be waived.

The Agency does accept policies issued by the State Compensation Fund meeting the requirement for workers’ compensation insurance.

The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of the insurance shall be included in the Bid price.

The award of the Contract by the Board is contingent upon the Contractor submitting the required bonds and insurance, as described in the Contract Documents, within 10 Working Days of bid opening. If the Contractor fails to comply with these requirements, the Agency may award the Contract to the second or third lowest Bidder and the bid security of th e lowest Bidder may be forfeited.

16. LICENSING REQUIREMENTS.

Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all Bidders must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the Agency shall consider any Bid submitted by a contractor 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.

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17. SUBCONTRACTORS.

Bidder shall set forth the name, address of the place of business, and contractor license number of each Subcontractor who will perform work, labor, furnish materials or render services to the bidder on the Contract. This requirement includes each Subcontractor licensed by the State of California who, under subcontract to Bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one -half of one percent (0.5%) of the total Bid price. Additionally, the Bidder shall indicate the portion of the Work to be done by each Subcontractor in accordance with Public Contract Code Section 4104.

Bidder shall submit Proposed Subcontractors Form (00 43 30) with the Bid Package.

This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the Bid as no n-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 ma terial incorporated in any Subcontractor-installed Bid item that is supplied by the Bidder shall be included as a part of the Work that the Bidder proposes to be performed by the Subcontractor installing the item.

When the Bidder proposes to use a Subcontractor to construct or install less than 100 percent of a Bid item, the Bidder shall attach an explanation sheet to the Proposed Subcontractor Form (00 43 30). The explanation sheet shall clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the Work with its own forces.

Determination of the subcontract amounts for purposes of award of the Contract shall be determined by the Board in conformance with the provisions of the Contract Docu ments. 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.

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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 caus e the Bid to be rejected as non -responsive. The Agency may reject any Bid if an investigation of the information submitted does not satisfy the Agency that the Bidder is qualified to properly carry out the terms of the Contract.

The Bidder shall submit Bidder Information and Experience Form (00 43 40) with the Bid Package.

19. NON-COLLUSION AFFIDAVIT.

Bidders on all public works contracts are required to submit an affidavit of non -collusion with their Bid. This form (00 45 10 Non-Collusion Affidavit) is included with the Bid Package and must be signed and dated under penalty of perjury.

20. IRAN CONTRACTING ACT OF 2010.

In accordance with Public Contract Code Section 2200 et seq ., the Agency requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the Agency with respect to goods or services of $1,000,000 or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the Bid Package and must be signed and dated under penalty of perjury.

21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION.

Pursuant to Labor Code Section 1773, t he 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 wo rker 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 ra te 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, emp loyment of apprentices, hours of labor and debarment of contractors and subcontractors.

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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 publ ic work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded the Contract, the Bidder and its Subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under the Contract and applicable law in its Bid.

To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained in the registration certificate.

Failure to submit this certificate may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed Subcontractor in the space provided in the Proposed Subcontractors Form (00 43 30).

22. PREVAILING WAGES.

Pursuant to Labor Code Sections 1720, et. seq. and 1770, et. seq., Contractor shall pay prevailing wages for all Work performed under the Contract. The Agency has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which the Work will be performed for each craft or type of worker needed to execute the Contract. These rates are available at the Agency or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS.

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Section 1777.1 or 1777.7. An y 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 pub lic money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred Subcontractor who has been allowed to work on the Project.

The Agency may disqualify a Contractor or Subcontractor from participating in bidding when a Contractor or Subcontractor has been debarred by the Agency or another jurisdiction in the State of California as an irresponsible bidder.

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24. SIGNING OF BIDS.

All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the p erson signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations that the Bidder assumes under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

25. SUBMISSION OF SEALED BIDS.

Once the Bid and supporting documents have been completed and signed as set forth in these Instructions to Bidders, they shall be uploaded, along with other required materials, to the online bidding portal before the deadline for submitting bids.

At the time of Bid submission, whether in the form of a cashier’s check, a properly certified check or an approved corporate surety bond payable to the Agency, Bidders must upload an electronic Portable Document Format (PDF) copy of the Bid Guarantee to the online bidding portal. The first 3 apparent low Bidders must provide the Agency with the original Bid Guarantee within 2 Business Days after the Bid opening date.

Failure to submit the electronic version of the Bid Guarantee at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Failure to provide the original within 2 business days may deem the bidder non-responsive.

Original Bid Bond shall be submitted to:

Public Works Contract Administration
Attention: Graham Jordan, Contract Administrator
1635 Faraday Avenue
Carlsbad, California, 92008

No oral or telephonic Bids will be considered. Pursuant to Public Contract Code Sections 1600 and 1601, only where expressly permitted in these Instructions to Bidders and the Notice Inviting Bids may Bidders submit their Bids via electronic transmission ( the online bidding portal ). Bids received after the Bid Submission Deadline will not be accepted. Agency may reject any Bid not strictly complying with Agency’s designated methods for delivery.

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26. OPENING OF BIDS.

Bids submitted on the online bidding portal will be reviewed by the Agency. Once the Bid Submission Deadline has passed, Bidders, proposers, the general public, and Agency staff are able to immediately see the results online. Agency shall consider award of the Contract to the lowest, responsive, responsible Bidder as determined by the Agency consistent with Section 32 below. In case of a discrepancy between the line item entries submitted in the online bidding portal and the Bid Form, the online bidding portal shall prevail. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Bid Form.

In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Price Proposal Form. Also, the sum of all lump sum line items will govern over the “Total Proposed Lump Sum Price” line item. The Agency may reject any or all Bids or waive any irregularities or informalities in any Bids or in the Bidding process.

The Bid and the terms of the Contract Documents constitute an irrevocable offer that shall remain valid and in full force for a period of 90 Calendar Days from the Bid Submission Deadline and such additional time as may be mutually agreed upon by the Agency and the Bidder.

27. WITHDRAWAL OF BID.

Any Bid may be withdrawn via written letter, incurring no penalty, at any time before the scheduled closing time for receipt of Bids. Requests to withdraw Bids shall be worded to not reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the Bid Submission Deadline, provided that resubmitted Bids are in conformance with these Instructions to Bidders.

Bids may be withdrawn after bid opening only by providing writ ten 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 m aterials to a Bidder, when also submitting a prime Bid on the same Project.

29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES.

Contractor and its Subcontractors performing work under the Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required

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by the agencies with authority in the jurisdiction in which the Work will be locate d, unless otherwise expressly provided by the Contract Documents.

30. PERMIT AND INSPECTION FEE ALLOWANCE.

Notwithstanding anything contained in these Instructions to Bidders, the Bid Form contains an allowance for the Contractor’s cost of acquiring traff ic control permits and for construction inspection fees that may be charged to the Contractor by the Agency. The allowance is included within the Bid Form to eliminate the need by Bidders to research or estimate the costs of traffic control permits and con struction inspection fees before submitting a Bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the Agency. No other costs payable by Contractor to the Agency are included within the allowance.

If such cost is not contained or specified in the Bid Form, the Contractor shall include the costs in the other Bid items on the Bid Form.

31. BASIS OF AWARD; BALANCED BID.

The Agency shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the total Bid price. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern o ver 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 p articular 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 awa rd 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.

00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 17 of 195 ends

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 ma intain a valid City of Carlsbad Business License for the duration of the Contract.

35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES.

The Agency encourages the participation of minority and women-owned businesses.

36. USE OF RECYCLED MATERIALS.

The Agency encourages Bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Agency’s Engineer.

37. STATUTORY REFERENCES.

All references in these Instructions to Bidders (00 21 10) to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented or replaced from time to time by the corresponding legislative or regulatory body.

END OF SECTION

00 41 10 BID FORM Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 18 of 195 ends

00 41 00 BID FORM
NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive
CONTRACT NO.: 6070

NAME OF BIDDER:

AGENCY: City of Carlsbad
1635 Faraday Ave
Carlsbad, CA 92008

The undersigned declares that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all Plans, Specifications, and Addenda, if any, for the above -mentioned Project. The undersigned has acknowledged receipt, understanding, and full consideration of ANY and ALL Addenda to the Contract Documents via the online bidding portal.

We propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE.

 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 41 10 BID FORM Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 19 of 195 ends

1. BID SCHEDULE.

Section ItemDesc Unit of Measure Quantity Unit Price Total A-1 Mobilization LS 1
A-2 Traffic & Pedestrian Control LS 1
A-3 Asphalt Concrete Cushions Tons 151
A-4 Cold Milling SF 7700
A-5 Signing and Striping LS 1

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the Agency makes no representation that the actual quantities of Work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of Work performed based upon the Unit Price.

2. TOTAL BID PRICE.

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.

The TOTAL BID PRICE on Bid Schedule total of Unit Prices:

Total Bid Price in Numbers:

Total Bid Price in Written Form:

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.

00 41 10 BID FORM Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 20 of 195 ends

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 award ing 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 an d the Notice to Proceed. The time of completion shall commence on the date of the Notice to Proceed, unless otherwise specified.

The undersigned agrees to begin the Work within 10 Working Days of the date of the Notice to Proceed, unless otherwise specified.

The Undersigned is aware of the provisions of Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the Work of this Contract and continue to comply until the Contract is complete.

The Undersigned is aware of the provisions of Labor Code Section 1770 et seq. relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.

The Undersigned Bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity o f 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):

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

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 li censed 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.

00 41 10 BID FORM Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 21 of 195 ends

The Undersigned Bidder represents as follows:

1. That no elected or appointed official , officer , agent, or employee o f 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 Co ntract, 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 _________________________________ (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 ________________________.

 an individual
 a partnership
 a corporation

(Signatures continued on next page)

00 41 10 BID FORM Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 22 of 195 ends

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

00 41 10 BID FORM Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 23 of 195 ends

IF A PARTNERSHIP, SIGN HERE:

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 ______________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 10 BID FORM Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 24 of 195 ends

IF A CORPORATION, SIGN HERE:

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
(Full Address: street,
number, city, state,
zip)

______________________________________________________

4 Telephone Number ______________________________________________________

5 Email ______________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 10 BID FORM Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 25 of 195 ends

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:

Approved as to form this ___________________day of _____________________ 20_______.

______________________________________________
Attorney for Agency

END OF SECTION

00 43 10 BID BOND FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 26 of 195 ends

00 43 10 BID BOND FORM
(Note: This form is not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies Bid. In that case, use form 00 43 20 Bid Security)

NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive
CONTRACT NO.: 6070

NAME OF BIDDER:

The makers of this bond are, _________________________________________ as Principal, and ____________________________________________________, as Surety , and are held and firmly bound unto the City of Carlsbad (“Agency”) in the penal sum of 10% OF THE TOTA L 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 .

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.

///

00 43 10 BID BOND FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 27 of 195 ends

IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this_____________ day of _____________________________, 20______, the name and corporate seal of each corporation.

PRINCIPAL:

___________________________________
(Name of Principal)

By:

___________________________________
(sign here)

___________________________________
(Print name here)

___________________________________
(Title and Organization of Signatory)

Executed by SURETY

this ______day of ________________, 20____

SURETY:

_____________________________________
(name of Surety)

_____________________________________
(address of Surety)

_____________________________________
(telephone number of Surety)

By:
_____________________________________
(signature of Attorney-in-Fact)

_____________________________________
(printed name of Attorney-in-Fact)

Required Attachments:
 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 20 BID SECURITY Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 28 of 195 ends

00 43 20 BID SECURITY
(Note: This form is required when cash, certified check or cashier’s check, accompanies Bid. If Bid Bond is being provided, use form 00 43 10 Bid Bond)

NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

NAME OF BIDDER:

Accompanying this proposal is a Certified / Cashier’s check payable to the order of the City of Carlsbad (“Agency”), in the sum of __________________________________________________ dollars ($___________________), this amount being 10% of the total amount of the Bid. The proceeds of this check shall become the property of the Agency, provided this proposal shall be accepted by the Agency through action of its legally constituted contracting authorities and the Undersigned shall fail to execute a Contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the Undersigned. The proceeds of this check shall also become the property of the Agency if the Undersigned shall withdraw his or her Bid within the period of 15 Calendar Days after the date set for the opening of the Bid, unless otherwise required by law, and notwithstanding the award of the Contract to another Bidder.

_______________________________________
BIDDER
Required Attachments:

 Certified Check or Cashier’s Check

END OF SECTION

00 43 30 PROPOSED SUBCONTRACTORS FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 29 of 195 ends

00 43 30 PROPOSED SUBCONTRACTORS FORM
NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

NAME OF BIDDER:

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 perfo rm 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 foreg oing, 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 app roval of the Agency.

Attach additional pages as required.

(Signature of Bidder)

00 43 30 PROPOSED SUBCONTRACTORS FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 30 of 195 ends

Name of
Subcontractor
Location of
Business
CSLB
Contractor
License
No./ Exp
Date
DIR
Registration
Number /
Exp. Date
Type of Work
to be done by
Subcontractor
% of
Work
Amount of
Work by
Subcontractor
in Dollars*

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 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 31 of 195 ends

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive
CONTRACT NO.: 6070

NAME OF BIDDER:

1. INFORMATION ABOUT BIDDER.

(Indicate not applicable (“N/A”) where appropriate.)

NOTE: Where Bidder is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture.

1. Type, if Entity:

2. Bidder Address:

a. Facsimile Number

b. Telephone Number

c. Email Address

3. How many years has Bidder’s organization been in business as a contractor?

4. How many years has Bidder’s organization been in business under its present name? a. Under what other or former names has Bidder’s organization operated?

5. If Bidder’s organization is a corporation, answer the following:

a. Date of Incorporation:

b. State of Incorporation:

c. President’s Name:

d. Vice-President’s Name(s):

e. Secretary’s Name:

f. Treasurer’s Name:

g. CFO’s Name:

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 32 of 195 ends

6. If an individual or a partnership, answer the following:

a. Date of Organization:

b. Name and address of all partners (state whether general or limited partnership):

7. If other than a corporation or partnership, describe organization and name principals:

8. List other states in which Bidder’s organization is legally qualified to do business.

9. What type of work does the Bidder normally perform with its own forces?

10. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

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:

12. List Trade References:

13. List Bank References (Bank and Branch Address):

14. Name of Bonding Company and Name and Address of Agent:

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 33 of 195 ends

2. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate or attach additional pages if needed for listing current projects.**] Project Name
Sub or Prime?
Description of Bidder’s Work Client Name Completion
Date
Cost of
Bidder’s
Work

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 34 of 195 ends

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
Sub or Prime?
Description of Bidder’s Work Client Name Completion
Date
Cost of
Bidder’s
Work

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 35 of 195 ends

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
Name
% time on this
Project
Specialized
Education
Years of
construction
experience
relevant to the
Project
Summarize the
experience

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 36 of 195 ends

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:

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 37 of 195 ends

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:

Signature:

Name:

Title:

Date:

END OF SECTION

00 45 10 NON-COLLUSION AFFIDAVIT Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 38 of 195 ends

00 45 10 NON-COLLUSION AFFIDAVIT

NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

NAME OF BIDDER:

Consistent with Public Contract Code Section 7106, t he undersigned declares:

I am the __________________________ of ______________________________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or co nference 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 a nd c orrect a nd that this d eclaration is e xecuted ________________ 20 ____ at _______________ [city], _____ [state].

Signature

Name _________________________________

Title

END OF SECTION

00 45 15 IRAN CONTRACTING ACT CERTIFICATION Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 39 of 195 ends

00 45 15 IRAN CONTRACTING ACT CERTIFICATION
NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

NAME OF BIDDER:

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 t he 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: Date:

Name: Title:

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 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 40 of 195 ends

00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

NAME OF BIDDER:

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 registere d as a Contractor with the Department of Industrial Relations.

Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:

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 t he Project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the Bid is non -responsive.

Signature: Date:

Name: Title:

END OF SECTION

00 45 25 CERTIFICATE OF INSURANCE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 41 of 195 ends

00 45 25 CERTIFICATE OF INSURANCE
NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

NAME OF BIDDER:

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

 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 Liab ility, Workers Compensation and Employer’s Liability in conformance and the required Certificates of insurance to the Agency.

END OF SECTION

00 45 30 STATEMENT REGARDING DEBARMENT Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 42 of 195 ends

00 45 30 STATEMENT REGARDING DEBARMENT
NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

NAME OF BIDDER:

1. Have you or any of your Subcontractors ever been debarred as an irresponsible Bidder by another public agency in the State of California?

 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

__________________________________
public agency

__________________________________
period of debarment

___________________________________
party debarred

___________________________________
public agency

___________________________________
period of debarment

BY CONTRACTOR:

By: __________________________________
(sign here)

___________________________________
(print name/title)

Page _____ of _____ pages of this Statement Regarding Debarment form

END OF SECTION

00 45 35 DISCLOSURE OF DISCIPLINE RECORD Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 43 of 195 ends

00 45 35 DISCLOSURE OF DISCIPLINE RECORD
NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

NAME OF BIDDER:

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 o f 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 Califo rnia Contractors’ State license Board 2 or more times within an 8-year period?  YES
 NO

2. Has the suspension or revocation of your contractor’s license ever been stayed?  YES
 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?
 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?
 YES
 NO
 N/A

00 45 35 DISCLOSURE OF DISCIPLINE RECORD Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 44 of 195 ends

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.

(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 condi tion (if any) upon which the disciplinary action was stayed.

(If needed attach additional sheets to provide full disclosure.)

BY CONTRACTOR:

By: __________________________________
(sign here)

_____________________________________
(print name and title)

END OF SECTION

00 52 00 CONTRACT Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 45 of 195 ends

00 52 00 CONTRACT
This Project No. 6070 (“Contract”) is made and entered into this ____________ day of ________________________________, 2023, by and between the City of Carlsbad, California, a California municipal corporation (“Agency”) and ____________________________________ (“Contractor”), whose principal place of business is
_______________________________________________________.

The parties agree:

1. SCOPE OF WORK.

The Contrac tor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all the Work required in strict compliance with the Contract Documents for the following Project:

NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

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 comp lete all Work required by the Contract Documents within sixty (60) Working Days from the commencement date stated in the Notice to Proceed. Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

3. CONTRACT PRICE.

The Agency shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions made in accordance with the Contract Documents, and including all applicable taxes and costs, the sum of ___________________________________ Dollars ($ _____________________________). 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 Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 46 of 195 ends

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 11 10 Notice Inviting Bids
● 00 21 10 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 61 10 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 Rehabil itation, Temporary Traffic Control, Street Lighting and Traffic Signal Systems, Landscaping and Irrigation) ● Standard Plans for Public Works Construction, latest edition and including all errata ● Applicable Local Agency Standards and Specifications, as last revised ● Approved and fully executed change orders
● Any other documents contained in or incorporated by reference into the Contract Documents

The Contractor shall complete the Work in strict accordance with the Contract Documents. The requirements of the va rious sections or documents comprising the Contract Documents are intended to be complementary. Work required by 1 of the Contract Documents and not by others

00 52 00 CONTRACT Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 47 of 195 ends

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 indemnifi cation and defense as set forth in the 00 73 00 Agency Supplemental General Provisions.

8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

00 52 00 CONTRACT Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023

Page 48 of 195 ends

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

(CORPORATE SEAL)
CONTRACTOR City of Carlsbad, California, a California
municipal corporation
By: By:

(sign here)

GEOFF PATNOE, Assistant City Manager, as
authorized by the City Manager

(print name/title)
ATTEST:

By:

(sign here)

for SHERRY FREISINGER, City Clerk

(print name/title)

If required by the Agency, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, the Contract must be signed by 1 corporate officer from each of the following 2 groups.

Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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

BY: _____________________________
Deputy City Attorney

END OF SECTION

00 61 10 LABOR AND MATERIALS BOND Date Printed: September 26, 2023 Document Version: 1.0 Current Update: August 2023

Page 49 of 195 ends

00 61 10 LABOR AND MATERIALS BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:

WHEREAS, the City of Carlsbad (“Agency”) has awarded to ____________________________ (“Principal,”) a Contract for the Work described as follows:

Contract No. PWS24-2308TRAN
Project No. 6070
Name of Project: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

(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 in, upon, for or about the performance of the Work contracted to be done, (2) for any Work or labor of any kind performed under the Contract, (3) for amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract, or (4) for any amounts required to be deducted, withheld, and paid ove r 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 ________________________________, as Surety, are held and firmly bound unto the Agency in the penal sum of _____________________________ Dollars ($___________), 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, o ur heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or its Subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100 ; fail to pay for any materials, provisions , provender, equipment, or other supplies, used in, upon, for or about the performance of the Work contracted to be done; fail to pay for any Work or labor of any kind performed under the Contract; fail to pay amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract; or fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of Principal or its Subcontractors pursuant to Unemployment Insurance Code Section 13020 or Revenue and Taxation Code Section 18663, with respect to the Work or labor, then the Surety will pay for the same, in an amount not exceeding the penal sum specified above, and also, in

00 61 10 LABOR AND MATERIALS BOND Date Printed: September 26, 2023 Document Version: 1.0 Current Update: August 2023

Page 50 of 195 ends

case suit is brought upon this bond, all litigation expenses incurred by the Agency in the suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses to be fixed by the court consistent with Civil Code Section 9554.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such pe rsons 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 modi fication 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 improv ement 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 practic ed 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 n o 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 su ch 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 61 10 LABOR AND MATERIALS BOND Date Printed: September 26, 2023 Document Version: 1.0 Current Update: August 2023

Page 51 of 195 ends

Executed by PRINCIPAL this _________
day of _______________________, 20____.

PRINCIPAL:

____________________________________
(name of Contractor)

By: _________________________________
(sign here)

____________________________________
(print name here)

____________________________________
(title and organization of signatory)

Executed by SURETY this ____________ day
of _______________________, 20____.

SURETY:

____________________________________
(name of Surety)

____________________________________
(address of Surety)

____________________________________
(telephone number of Surety)

By:
____________________________________
(signature of Attorney-in-Fact)

____________________________________
(printed name of Attorney-in-Fact)

(attach corporate resolution showing current
power of attorney)

(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)

(President or vice -president and secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 26, 2023 Document Version: 1.0 Current Update: August 2023

Page 52 of 195 ends

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:

WHEREAS, the City of Carlsbad (“Agency”) has awarded to ________________ (“Principal,”) a Contract for the Work described as follows:

Contract No. PWS24-2308TRAN
Project No. 6070
Name of Project: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

WHEREAS, the Work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ____________, (“Contract Documents”), the terms and conditions of which are incorporated by reference; and

WHEREAS, the Principal is required by the Contract Documents to perform the terms of them and to furnish a bond for the faithful performance and warranty of the Contract Documents.

NOW THEREFORE, we, Principal and ________________________________, as Surety, are held and firmly bound unto the Agency in the penal sum of _____________________________ Dollars ($___________), for the payment of which sum being an amount equal to 100% of the total amount payable under the terms of the Contract by the Agency, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if Principal, its hei rs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration of the Contract Documents made as provided in the Contract Documents, on its part, to be kept and performed at the time and in the manner specified in the Contract Documents , and in all respects according to their true intent and meaning; and shall indemnify and save harmless the Agency, its Board, members of the Board, officers, directors, managers, employees, agents, and authorized volunteers, as stipulated in the Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured by this bond and in addition to the face amount specified in this bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in enforcing such obligatio n, all to be taxed as costs and included in any judgment rendered.

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 26, 2023 Document Version: 1.0 Current Update: August 2023

Page 53 of 195 ends

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 aft er the acceptance of the Work by the Agency. During this 1-year period, if Contractor fails to make full, complete, and satisfactory repair and replacements and totally protect the Agency from loss or damage resulting from or caused by defective materials or faulty workmanship in connection with Contractor’s Work on the Project, the obligations of Surety under this bond shall continue so long as any obligation of Principal remains to the Agency. Nothing in this bond shall limit the Agency’s rights or the Pr incipal’s or Surety’s obligations under the Contract, law or equity, including, but not limited to, Code of Civil Procedure Section 337.15.

Whenever Principal shall be, and is declared by the Agency to be, in default under the Contract Documents, the Sure ty shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Agency’s option:

1. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents;

2. 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 Wor k 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 m ean 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.

3. 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 a ny 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 declar ing the Principal in default, notifies Surety of the Agency’s objection to Principal’s further participation in the completion of the Project.

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 26, 2023 Document Version: 1.0 Current Update: August 2023

Page 54 of 195 ends

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.

This faithful performance and warranty surety bond may be approved as to form by the City Attorney/General Counsel for the Agency in counterpart, and the counterparts shall all constitute a single, original instrument.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 26, 2023 Document Version: 1.0 Current Update: August 2023

Page 55 of 195 ends

Executed by PRINCIPAL this _________ day of
________________________, 20___.

PRINCIPAL:

____________________________________
(name of Contractor)

By:_________________________________
(sign here)

____________________________________
(print name here)

____________________________________
(title and organization of signatory)

Executed by SURETY this ____________ day
of ________________________, 20___.

SURETY:

____________________________________
(name of Surety)

____________________________________
(address of Surety)

____________________________________
(telephone number of Surety)

By: _________________________________
(signature of Attorney-in-Fact)

____________________________________
(printed name of Attorney-in-Fact)

(attach corporate resolution showing current
power of attorney)

(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 56 of 195 ends

00 61 30 OPTIONAL ESCROW AGREEMENT
NAME OF PROJECT: Traffic Calming for Victoria Avenue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive

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 Traffic Calming for Victoria A venue, Highland Drive, Nueva Castilla Way, Circulo Sequoia and Celinda Drive 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 D ays 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 fund s 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, Esc row 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 t he 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 Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 57 of 195 ends

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
(Finance
Director)

Title

Name

Signature

Address ________________________________________________________

For Contractor

Title

Name

Signature

Address ________________________________________________________

For Escrow
Agent

Title

Name

Signature

Address ________________________________________________________

00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 58 of 195 ends

At the time the Escrow Account is opened, Agency and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Escrow Agreement.

IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above.

For Agency Title

Name

Signature

Address _______________________________________________________

For Contractor

Title

Name

Signature

Address _______________________________________________________

For Escrow
Agent

Title

Name

Signature

Address _______________________________________________________

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Deputy City Attorney

END OF SECTION

00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 59 of 195 ends

00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS

INTRODUCTION
The specifications contained in this 00 73 00 Agency Supplemental General Provisions take precedence over the specification language contained in the Standard Specifications for Public Works Construction, “The Greenbook,” latest edition and all errata. This specification addresses the unique conditions in Carlsbad that are not addressed in The Greenbook. Therefore, if there is a conflict, these specifications shall control.

The Greenbook may be purchased at Bidder’s/Contractor’s local technical bookstore or directly from the publisher. These Supplemental General Provisions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies.

When used in the Contract Documents, statements, or command phrases (active voice and imperative mood) refer to and are directed at the “Bidder” or “Contractor” as applicable. The specifications are written to the “Bidder” before award and the “Contractor” after award. Before award, interpret sentences written in the imperative mood as starting with “The Bidder shall.” Interpret the term “you” as “the Bidder” and interpret the term “your” as “the Bidder’s.” After award, interpret sentences written in the imperative mood starting with “The Contractor shall.” Interpret the term “you” as “the Contractor” and interpret the term “your” as “the Contractor’s.”

PART 1 GENERAL PROVISIONS
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND

SYMBOLS
1-1 GENERAL
ADD the following:

1. The word “provide” shall mean “furnish and install,” unless otherwise stated.

2. In reference to Drawings, where words “shown,” “indicated,” “detailed,” “noted,” “scheduled,” or words of similar import are used, it shall be understood that reference is made to the Plans accompanying these provisions, unless stated otherwise.

3. Where the words “equal,” “approved equal,” “equivalent,” and words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer,” unless otherwise stated.

4. The word “perform” shall be understood to mean that the Contractor, at its expense, shall “perform all ope rations 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 s election of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the Work as required and as approved by the Engineer,” unless stated otherwise.

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Where the words “approved,” “approval,” “acceptance,” or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended.

1-2 TERMS AND DEFINITIONS
Where applicable ADD/REPLACE the following:

Agency - The City of Carlsbad or the Carlsbad Municipal Water District, the owner of the Project.

Agency Approval - Except where stated in this Contract to the contrary, the phrases “Agency approval,” and “Agency’s written approval” or such simi lar phrases shall mean approval by the City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District, which approval shall not be unreasonably withheld.

Agency Forces – City of Carlsbad or Carlsbad Municipal Wate r District employees who perform construction work.

Agency Supplement - 00 73 00 Agency Supplemental General Provisions; and 00 74 00 Agency Supplemental Technical Provisions.

Allowance (AL) - Payment under Allowance Bid items, denoted as “AL,” shall be ba sed on the actual expenditures and for pre -authorized items of the Work in accordance with the Contract Documents. The unused portions of the Allowances shall revert to the Agency upon acceptance of the Project or Work.

Apparent Low Bidder - The Bidder wh ose Bid having been publicly opened, initially meets the material requirements of the Bid Documents and whose Bid price is the lowest received.

Applicable Laws - Laws, statutes, ordinances, rules, orders, and regulations of governmental authorities and courts having jurisdiction over the Project.

As-Builts - The CADD drawings prepared from the approved Red -lines for record keeping purposes.

Award of Contract (Award) - The date on which the Board or designee executes the Contract.

Bid - Any proposal submitted to the Agency in competitive bidding for the construction, alteration, repair, or improvement of any structure, building, road or other improvement of any kind.

Board – The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors for the Carlsbad Municipal Water District.

Board of Directors for the Carlsbad Municipal Water District – The legislative body that governs the Carlsbad Municipal Water District and has the authority to pass ordinances and appropriate funds.

Business Day - See Working Day.

Calendar Day – Every day on the calendar, including weekends and holidays.

City - The term “City” or “the City” means, City of Carlsbad. See also Agency.

City Council - The legislative body that governs the City of Carlsbad and has the authority to pass ordinances and appropriate funds.

City Engineer - The term “City Engineer” is defined as the Transportation Director, or designee, and is the person authorized to perform the functions of the City E ngineer as defined in

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Government Code Section 66416.5. The City Engineer is the City's "duly authorized officer" for the purposes of Public Contract Code Sections 4107 and 4107.5.

City Manager – The appointed official who directs the administration of the City of Carlsbad.

Construction Documents - Plans and details, including Plans showing installation of major systems, equipm ent, fixed furnishings and graphics, the technical specifications and all other technical drawings, schedules, diagrams and specifications, accepted Shop Drawings, Working Drawings, and submittals that are necessary to set forth in detail the requirements for the Project.

Construction Manager – The Project Inspector’s immediate supervisor and the Engineer’s designated representative for the first level of appeal for informal dispute resolution.

Construction Work - The portion of the Work to construct the Project as set forth in the Contract Documents in conformance with 2-1, “WORK TO BE DONE.”
Contract – The written agreement between the Agency and the Contractor covering the Work.

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 docume nts, 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, NEP A documents, re -vegetation plans, biological letters or technical reports, habitat mitigation plans, storm water documents, and local, state, and federal resource agency permits.

Contract Time - The number of Working Days to complete the Work as specified in the Contract Documents.

Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of Work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor.

Critical Path – In the Construction Schedule, the sequence of activities that represents the longest path through the Project network of activities and the shortest possible Project duration.

Days – Days shall mean consecutive calendar days unless otherwise specified in this Contract.

Defective Work - Work that does not conform to the Contract Documents.

Delay Factor - The Delay Factor may be the basis for compensat ion for idle equipment time on an excusable delay. The factor has been calculated to include the ownership costs without including operating costs. The Delay Factor recovers all the Contractor’s non -operating costs in an 8-hour day. If payment is made for equipment on an excusable delay, it is limited to 8 hours per day or 40 hours per week maximum.

Deputy City Engineer – The Engineering Manager of the Construction Management & Inspection Division and the Construction Manager’s immediate supervisor and the Engineer’s designated representative for the second level of appeal for informal dispute resolution.

Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and a dvise the City Manager or Executive Manager on claims submitted by the Contractor. The City Manager for the City of

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Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution.

Drawings - See Plans.

D-size Sheet - “D” size paper for engineering design applications refers to 22” x 34” paper.

Engineer - The Deputy City Manager, Public Works of the City of Carlsbad acting either directly or through designated representatives and the third level of appeal for informal dispute resolution.

Engineer of Record/Design Engineer – A registered Professional Engineer licensed in the State of California who is qualified to act as an agent of a Project Owner or to prepare Plans for facilities to be accepted by the City of Carlsbad or the Carlsbad Municipal Water District. The term includes persons licensed in the State of California as Civil Engineers or Structural Engineers, as well as other licensed professionals like Architects and Landscape Architects.

Executive Manager – The appointed official who directs the administration of the Carlsbad Municipal Water District.

Field Book - The Agency field maps showing sewer and water facilities.

Field Order - A Field Order is a written agreement by the Engineer to compensate the Contractor for work items in accordance with 2-8, “EXTRA WORK” or 2-9, “CHANGED CONDITIONS.” A Field Order does not change the Contract Price or Contract Time or the intent of the Contract. The unused portions of the Field Orders shall revert to the Agency upon acceptance of the Work.

Final Environmental Document - The CEQA and/or NEPA document issued for the Project, such as certified environmental impact reports, mitigated negative declarations (MNDs), negative declarations, or exemptions.

Final Payment - The last payment for the Contract made to the Contractor, excluding Retention.

Float – The number of days by which an activity in the Construction Schedule may be delayed from either its earliest start date or earliest completion date without extending the Contract Time (total float). Total float belongs to the Project and to any Party to accommodate changes in the Work or to mitigate the effect of events which may delay completion .

Holiday - Holidays observed by the Agency are listed below:

Holiday Observed On
New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Indigenous Peoples’ Day 2nd Monday in October
Veteran’s Day November 11
Thanksgiving Day 4th Thursday/Friday in
November
Christmas Day December 25

If any Holiday listed falls on a Saturday, the Saturday and the preceding Friday are both legal Holidays. If the Holiday falls on a Sunday, both Sunday and the following Monday shall be legal

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Holidays. Unless specified otherwise in the Contract Documents or authorized by the Engineer, do not work on Holidays.

Limited Notice to Proceed (LNTP) - A written notice given from the Agency that authorizes the Contractor to start a limited amount of work that, as described in the notice, is not Construction Work.

Minor Bid Item – a single contract item constituting less than 10 percent (10%) of the original Contract Price bid.

Night Work - See Working Night.

Normal Working Hours - Unless specified otherwise, N ormal 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.

Notice of Completion (NOC) - A document recorded with the County of San Diego to signify that the Work has been completed and accepted by the Agency.

Party or Parties - The Agency, the Contractor, or both, their respective permitted successors or assigns, and any other future signatories to the Contract.

Plans – The drawings, profiles, cross sections, Standard Plans, working drawings, and shop drawings, or reproductions thereof, approved by the City Engineer, which show the location, character, dimensions or details of the Work.

Prime Contractor - See Contractor.

Project Inspector – the Engineer’s designated representative for inspection, Contract administration and the first level for informal dispute resolution.

Project Site (Site) - Areas where the Work is performed pursuant to the Contract.

Punchlist - A list of items of Work o r corrections generated after a Walk -through that is conducted when the Contractor considers that the Work and Services are complete.

Quality Control Standards and Procedures - The standards and procedures that are stated in a written manual that can be fu rnished to the Engineer upon request. The standards and procedures are followed by the Supplier in the production of materials supplied for the Work Site.

Red-lines - Plans with annotations of changes made during construction to reflect the actual improvements or facilities built during construction whether concealed or visible.

Retention - The amount withheld from the money due to the Contractor in accordance with 7 -

3.2, “PARTIAL AND FINAL PAYMENT.”
Samples - Physical examples of the materials, equipment, or workmanship specified or required and which conform with the standards and specifications in the Contract Documents and by which the Work shall be evaluated.

Schedule - A Critical Path Method (CPM) schedule of construction activities and their durations to be performed during the Contract Time and prepared by the Contractor in accordance with 6- 1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK,” and accepted by the Engineer.

Scope of Work (SOW ) - Labor, materials, equipment, facilities, and services required to be performed or provided by the Contractor to complete the entire Project or the various separately identifiable parts of the Project pursuant to the provisions of the Contract Documents.

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Services - Work performed in connection with the layout , construction, testing, inspection, and commissioning of the Work or administration of the Contract and which may include professional services such as engineering, surveying, construction management and legal services that are required in accordance with the Contract Documents. Services are incidental to the Work.

Separate Contractors - Those individuals or entities that have entered into arrangements with the Agency for the provision of labor, materials, or other services in connection with the Project who are not under contract with the Contractor.

Signal Pre-Check - The procedure that the City uses to evaluate traffic signal systems prior to Signal Turn-On and generating a Punchlist.

Signal Turn-On - The day the City activates new traffic signals.

Supplemental Provisions – See Agency Supplement.

Tonne – Also referred to as “metric ton.” Represents a unit of measure in the International System of Units equal to 1,000 kilograms.

Walk-through - The pro cedure the Agency uses to evaluate the status of the Project and to generate a Punchlist prior to acceptance of the Work.

Work – All labor, materials, equipment, tools, and services and other requirements of the Contract Documents as modified by Change Ord er, whether completed or partially completed, provided or to be provided by Contractor to fulfill Contractor’s obligations. The Work may constitute the whole or a part of the Project.

Working Day - Any day within the period between the start of the Contrac t time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than:

Saturday;
Sunday;
any day designated as a holiday by the Agency;
any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association; any day the Contractor is prevented from working at the beginning of the wor kday for cause as defined in Section 6-6.1; or
any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1.

Working Night (Night Work) - A period of night time work, allowed only on Sunday through Thursday, excluding Holidays.

Work Site - See Project Site (Site).

1-3 ABBREVIATIONS
1-3.2 Common Usage.

ADD the following:

AML Approved Material List
CADD Computer Aided Design and Drafting
CA MUTCD California Manual on Uniform Traffic Control Devices CCT Correlated Color Temperature
CEQA California Environmental Quality Act.

CFR Code of Federal Regulations

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CGP Construction General Permit
CIPM Cured-In-Place-Manhole
CL Centerline
CMS Content Management System Database
CNC Computer Numerical Control
CRI Color Rendering Index
CSA Canadian Standards Association
DBE Disadvantaged Business Enterprise
DCE Data Computer Equipment
DG Decomposed Granite
DVBE Disabled Veteran Business Enterprise
DWT Detectable Warning Tiles
EOW Engineer of Work
ESL Environmentally Sensitive Lands
ESO Electrical Service Orders
FRP Fiberglass Reinforced Plastic
GFE Good Faith Effort
GMT Greenwich Mean Time
GPS Global Positioning System
IDA International Dark Sky Association
IP Ingress Protection
LCD Liquid Crystal Display
LD Laser Diode
LER Luminaire Efficiency Rating
MBE Minority Business Enterprise
MDFT Minimum Dry Film Thickness
MHPA Multiple Habitat Planning Area
MH Manhole
MIL Military
MJ Mechanical Joint
M&M Maintenance and Monitoring
MMC Mitigation and Monitoring Coordination
MOV Metal Oxide Varistor
NA Numerical Aperture
NC Not Connected, Normally Closed
NEPA National Environmental Policy Act of 1969
NEXT Near End Crosstalk
NCHRP National Cooperative Highway Research Program
NOC Notice of Completion
NPDES National Pollutant Discharge Elimination System
NTP Notice to Proceed
OC On Center
ODP Open Drip Proof
OFNR Optical Fiber Nonconductive Riser

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OTDR Optical Time Domain Reflectometer
PB Pull Box
PCMS Portable Changeable Message Signs
PCU Photoelectric Control Unit
PEP Plant Establishment Period
PIC Polyethylene Insulated Cable
PL Property Line
RFP Request for Proposal
RFI Request for Information
RPMS Rubber Polymer Modified Slurry
SIC Standard Industry Classification
SMS Short Message Service
SMTP Simple Mail Transfer Protocol
SOW Statement of Work, Scope of Work
SOV Schedule of Values
SPDT Single Pole Double Throw
SSD Surge Suppression Devices
TDR Time Domain Reflectometer
TEES Transportation Electrical Equipment Specifications TFFN Thermoplastic Flexible Fixture Wire Nylon Jacketed TIG Tungsten Inert Gas
UF Underground Feeder
UPRR Union Pacific Railroad Company
VAC Volts AC
VPC Vitrified Polymer Composite
WBE Women Business Enterprise

1-3.3 Institutions.

ADD the following:

AMTRACK American Track National Railroad Passenger Corp.

ANSI American National Standards Institute
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
ANSI American National Standards Institute
API American Petroleum Institute
AREA American Railway Engineering Association
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association
AWS American Welding Society
AWWA American Water Works Association
BNSF Burlington Northern Santa Fe Railway
DSD Development Services Department
FHWA Federal Highway Administration
GRI Geosynthetic Research Institute

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IPCEA Insulated Power Cable Engineers Association
IES Illuminating Engineering Society (Photometric Data) ISO International Organization for Standardization
MTS San Diego Metropolitan Transit System
NACE National Association of Corrosion Engineers
NAFP National Association of Pipe Fabricators
NCTD North County Transit District
NEMA National Electrical Manufacturers Association
NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) NFPA National Fire Protection Association
PCI Prestressed Concrete Institute
SANDAG San Diego Association of Governments
SD&AE San Diego & Arizona Eastern Railroad
SDTI San Diego Trolley, Inc.

UL Underwriters’ Laboratories Inc.

USGS United States Geological Survey
UPRR Union Pacific Railroad Company

1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 Subcontractor Listing.

ADD the following:

Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The use of Subcontractors in no way relieves the Contractor of any obligations or responsibilities under the Contract.

The following excerpts or summaries of some of the requirements of this Chapter are included below for information:

The Bidder shall set forth in the Bid, as provided in Section 4104:

“(a) The name and location of the place of business of each Subcontractor who will perform Work or Labor or render service to the prime Contractor in or about the construction of the Work or improvements, or a Subcontractor licensed by the State of California who, under Subcontract to the prime Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed Drawings contained in the Plans and Specifications, in an amount in excess of one- half of 1 percent of the prime Contractor’s total Bid, or, in the case of Bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime Contractor’s total Bid or ten thousand dollars ($10,000), whichever is greater.”

“(b) The portion of the Work which will be done by each such Subcontractor under this act. The prime Contractor shall list only one Subcontractor for each such portion as is defined by the prime Contractor in his Bid.”

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If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the Work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code.

As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Su bcontractor 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 an y of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the Subcontract involved, after a public hearing.

1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 General.

DELETE in its entirety and SUBSTITUTE with the following:
1-7.1 Standard Contract Provisions.
1-7.1.1 Successor’s Obligations.

All grants, covenants, provisions and claims, rights, powers, privileges and abilities contained in the Contract Documents shall be read and held as made by and with, and granted to and imposed upon, the Contractor, the Agency, and the Contractor’s and the Agency’s respective heirs, executors, administrators, successors, and assigns.

1-7.1.2 Waiver of Legal Rights.

1. The Agency’s failure to insist, in any 1 or more instances, upon the performance of any provision of the Contract, or to exercise any right therein, shall not be construed as a waiver or relinquishment of such provisions or rights.

2. Any waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach.

3. Any waiver the Agency issues to any provision of the Contract shall only be effective if it is agreed upon in writing by the Agency and if it is specific to the matter concerned.

1-7.1.3 Requests for Information (RFI).

1. Inquiries from the Contractor seeking clarification of the requirements of the Contract Documents shall be submitted in writing to the Agency as a Request for Information (RFI).

1-7.1.4 Assignment to Awarding Body.

1. In accordance with subdivision (b) of Public Contract Code Section 7103.5 , the Contractor and the Contractor’s Subcontractors shall conform to the following requirements:

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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 in terest 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 t he 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 show n 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 Procedu re Section 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.

2. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.

3. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 Calendar Days after recordation of the Notice of Completion and will remain in full force and effect for the 1-year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bond to secure payment of laborers and materials suppliers shall be released 6 months plus 30 Calendar D ays 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 t he 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

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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 “Bond s (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 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 posse ss or require the Contractor’s Subcontractor(s) to possess valid appropriate license(s) for the Work being performed as conveyed in the Bidding Documents.

2-2 PERMITS
DELETE in its entirety and SUBSTITUTE with the following:
2-2 PERMITS, FEES, AND NOTICES

1. The Contractor shall obtain and pay for all business taxes, business licenses, permits, and fees required for constructing the Project and licenses and inspections necessary for the proper execution and completion of the Work, unless specified otherwise in the Contract Documents.
a. Resource Agency Permits. [insert when applicable]
b. To the extent that there is a change in the type or cost of any of such permits, fees, licenses, or inspection occurring after Award of Contract, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions.
c. The Contractor shall comply with and give notices required by applicable laws. The Contractor is not entitled to damages or additional payment for delays attributable to the acquisition of permits.
d. The Contractor shall pay the Agency for regulatory fees, fines, or penalties imposed on the Agency arising from the Contractor’s failure to complete the Work in accordance with the Contract Documents.

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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.

3. The payment for procuring Building Permits shall be included in the Allowance Bid item for “Building Permits.” If no such Bid item is included in the Bid Schedule, payment shall be included in the various Bid items and no additional payment shall be made.

2-2.2 Caltrans Encroachment Permit.

1. Unless specified otherwise, the Agency has applied for the Caltrans Encroachment Permit. a. The Contractor shall pay for and secure the permit prior to construction. b. The Contractor shall arrange and pay for inspection as required by Caltrans.

2. The Contractor is solely responsible for permit processing delays to the Contract Ti me that result from incomplete or inaccurate information provided by the Contractor to the Agency or Caltrans.

3. When applicable, the payment for procuring Caltrans Encroachment Permits including any inspection fees shall be included in the allowance Bid ite m for “Caltrans Encroachment Permit.” If no such Bid item is included in the Bid schedule, payment shall be included in the various Bid items and no additional payment shall be made.

2-3 RIGHT-OF-WAY
ADD the following:

1. The Contractor shall coordinate access to private property with the property owners and the timing of accessing private property when the Agency has already obtained rights of entry.

Unless otherwise provided, the Contractor shall coordinate, pay for, and assume all responsibility for acquir ing using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all

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claims for damages caused by such actions. The Contractor shall protect any private and public improvements.

2-4 COOPERATION AND COLLATERAL WORK
ADD the following:

1. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay.

2. If work to be performed by the Agency or its separate Contractors is not shown or specified in the Contract Doc uments, the Engineer shall notify the Contractor in writing 10 Working Days prior to the start of such work and make available Plans or Specifications for work to be performed by others that may be pertinent to Contractor’s Work. If Contractor determines that the work to be performed by the Agency or its separate Contractors may interfere with or cause damage or delays to Contractor’s Work, notify the Engineer in writing within 3 Working Days of the Engineer’s notice. The Contractor shall diligently pursue with the Engineer resolution of potential conflicts with the work of others.

3. The Contractor shall prepare and submit to the Engineer for approval a plan and schedule to integrate the work of Contractor or its Subcontractors, Agency or the work of others. The plan shall conform to the tasks identified in the Construction Schedule and identify additional tasks as necessary and the sequencing of interrelated activities.

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.2 Temporary Utility Services.

ADD the following:

1. The Contractor shall furnish, install, maintain, and remove all temporary utility services, such as light, power, electrical, gas, and water, at its own expense for construction and maintenance activities until acceptance of Work. These include pi ping, wiring, lamps, and other equipment necessary for the Work.

2. The Contractor shall obtain a construction meter for water used for the construction, testing, disinfection and flushing of new water or sewer facilities, vegetation establishment and maintenance, site maintenance, landscaping, cleanup, and all other work requiring water.

The Contractor shall contact the water agency that serves the Project Site for requirements.

3. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter, and any, and all, other charges, deposits and/or fees. The costs shall be considered incidental to the items of Work that they are associated with and no additional payment will be made for them.

2-6 CHANGES REQUESTED BY THE CONTRACTOR
ADD the following:

1. Any plan or method of work suggested to the Contractor by the Agency, but not specified or required by the Contract or Change Order, which is adopted or followed by the Contractor in whole or in part shall be done at the Contractor’s sole risk and responsibility.

2. The Contract Price is not subject to adjustment for any type of tax increases after the Award.

00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023

Page 73 of 195 ends

Carlsbad City CouncilOctober 17, 2023

Carlsbad City Council
October 17, 2023