2024-06-11; City Council; 11; Acceptance of bids and award of a construction contract and construction management and inspection agreement for the Emergency Operations Center Reconfiguration Project — Carlsbad City Council, June 11, 2024 (part 1 of 2)

CA Review GH
Meeting Date: June 11, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Steven Stewart, Municipal Projects Manager [email protected], 442-339-2938
Subject: Acceptance of bids and award of a construction contract and construction management and inspection agreement for the Emergency Operations Center Reconfiguration Project
District: 2
Recommended Actions

1. Adopt a resolution accepting bids and awarding a construction contract to Gilman Builders, Inc. for the Emergency Operations Center Reconfiguration Project in an amount not to exceed $2,661,000.

2. Adopt a resolution approving a professional services agreement with SchneiderCM for construction management and inspection services for the Emergency Operations Center Reconfiguration Project in an amount not to exceed $239,480.

Executive Summary
The city’s Emergency Operations Center recently underwent a seismic retrofit as part of the renovation of the Police and Fire Headquarters. The final phase of the renovation work is to reconfigure and upgrade the Emergency Operations Center.

The city now needs a construction firm to carry out this work and a construction management and inspection services firm to oversee the work.

Staff have reviewed the bids received for the construction work and are requesting the City Council accept the bids and award a contract to Gilman Builders, Inc. for the Emergency Operations Center Reconfiguration Project in an amount not to exceed $2,661,000.

The City Council’s approval is required under Carlsbad Municipal Code Sections 3.28.080(C) and

3.28.080(I)(6), which apply to purchasing for construction contracts when the value exceeds $200,000, as this project does.

Staff have also reviewed the proposals received for the construction management and inspection services and recommend authorizing an agreement with SchneiderCM in an amount not to exceed $239,480.

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This professional services agreement requires the City Council’s approval under Carlsbad Municipal Code Section 3.28.060(D)(5), because the value of the agreement is greater than $100,000.

Explanation & Analysis
Background
This project includes technology and finish upgrades to the entire conference room wing of the Police and Fire Headquarters facility, conversion of two conference rooms into one room for the new Emergency Operations Center and conversion of one conference room into office spaces for the Community Risk Reduction Division staff in the Fire Department, who will be moving from their current offices at the Faraday Center.

The City Council authorized an agreement with Sillman Wright Architects for design of the Emergency Operations Center Renovation Project, Capital Improvement Program Project No. 4715, on Sept. 13, 2022. (Resolution No. 2022-219) The initial focus of the design was on the technology infrastructure within the center because it is undersized and lacks adequate equipment to meet the city’s current emergency response standards.

Design work for the Emergency Operations Center reconfiguration was completed in fall 2023.

The City Council then approved the completed and permitted plans, specifications and contract documents for the project on Oct. 10, 2023, and authorizing the City Clerk to advertise for construction bids (Resolution No. 2023-257).

The construction bids were initially due to be submitted by Dec. 12, 2023. Staff had planned to seek City Council authorization of a construction contract with the successful bidder and a professional services agreement for construction management and inspection services soon afterward, but completion of the ongoing building renovation work in areas adjacent to the Emergency Operations Center was delayed, so staff postponed this project’s bid due date to April 10, 2024. The adjacent building renovation work has since been substantially completed, so staff are now moving forward with the proposed contract and the agreement.

Construction contract
The city received seven bids for the construction work on April 10, 2024. The lowest responsive and responsible bid was submitted by Gilman Builders Inc. in an amount not to exceed $2,661,000. The four lowest bids were less than 10% apart, indicating a positive bidding result.

The engineer’s estimate for this work was $3,972,000. The design team reviewed the bid as compared to the engineer’s estimate to assess the possible causes for the difference and found that the design team’s cost escalation factors, design contingency and markup percentages were higher than those used by the bidder. Staff confirmed that the bid of $2,661,000 is aligned with the engineer’s estimate despite the difference.

Staff recommend the City Council award a construction contract to Gilman Builders, Inc. for the Emergency Operations Center Reconfiguration Project in an amount not to exceed $2,661,000.

Construction management and inspection agreement
In coordination with the solicitation for construction bids, staff also prepared a request for proposals to solicit construction management and inspection services for the project.

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A request for proposals for construction management and inspection services was posted in November 2023, and proposals were due on Dec. 12, 2023.

On Dec. 19, 2023, staff evaluated the seven proposals received for construction management and inspection services. The proposal responses were evaluated in accordance with Carlsbad Municipal Code Section 3.28.060(A), which applies to the procurement of professional services.

Each committee member was required to sign a confidentiality agreement to ensure fairness in the selection process. Proposals were then evaluated based on consultant adherence to content and submission requirements, overall consultant company qualifications and experience, consultant’s team qualifications and experience, project staffing approach and work plan, client references from relevant projects and local presence. Based on these criteria, which were provided in the request for proposals, staff determined that the most qualified proposal was submitted by SchneiderCM.

Staff recommend the City Council approve an agreement for construction management and inspection services to SchneiderCM in an amount not to exceed $239,480.

Fiscal Analysis
Funding for the project has been provided from the General Capital Construction Fund and the Infrastructure Repair and Replacement Fund as shown in the table below. No additional appropriations are needed at this time.

Police and Fire Headquarters Renovation Project
Capital Improvement Program Project No. 4715
Total project appropriation to date $27,714,842
Total expenditures/encumbrances to date -$22,973,678
Total available balance $4,741,164
Construction contract – Gilman Builders, Inc. -$2,661,000 Construction management and inspection services
(SchneiderCM) -$239,480
Construction contingency (estimated) -$399,150
Soft costs (inspection, testing, furniture, fixtures and equipment, staff/consultant time) -$1,441,534
Total remaining project costs -$4,741,164
Additional appropriation needed $0
Carlsbad 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 $399,150.

Next Steps
Once the City Council accepts the bids and authorizes the award of a construction contract to Gilman Builders, Inc., staff will prepare and issue a purchase order, schedule a pre-construction meeting with the contractor and issue a notice to proceed for the construction of the project.

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The duration of the construction contract is approximately six months, not including rain days and delays from change orders that may extend the contract duration. Construction is expected to start in summer 2024 and be completed by spring 2025. Once the project is completed, a notice of completion to release bonds issued for the project will be recorded.

Staff will also process the professional services agreement with SchneiderCM. Once a purchase order is issued, staff will schedule a kick-off meeting with the consultant to begin their construction management and inspection services.

Environmental E
valuation
The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, has determined that the project to reconfigure the Emergency Operations Center belongs to a class of projects that the state Secretary for Natural Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents under Section 15301 (d) Class 1 of the California Environmental Quality Act Guidelines.

The project is consistent with 15301 (d) Class 1 because it consists of maintenance of public facilities, such as restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the CEQA Guidelines do not apply to this project.

The City Planner has also determined that in accordance with Public Resources Code Section 21065, the action to award a professional services agreement for construction management and inspection services does not constitute a project within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review at this time.

Exhibits

1. City Council resolution on construction contract

2. City Council resolution on construction management and inspection services agreement

3. Location map
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Exhibit 1
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RESOLUTION NO. 2024-122

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

CALIFORNIA, ACCEPTING BIDS AND AWARDING A CONSTRUCTION
CONTRACT TO GILMAN BUILDERS, INC. FOR THE EMERGENCY OPERATIONS

CENTER RECONFIGURATION PROJECT IN AN AMOUNT NOT TO EXCEED $2,661,000
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to construct the Emergency Operations Center Reconfiguration, Capital Improvement Program, or CIP, Project No. 4715, or Project; and WHEREAS, on Oct. 10, 2023, the City Council adopted Resolution No. 2023-257, approving the plans, specifications and contract documents for the Project, and authorizing a bid solicitation for the Project; and
WHEREAS, the Carlsbad Municipal Code, or CMC, Sections 3.28.080(() and 3.28.080(1)(6) require the City Council to award all formally bid contracts when the value exceeds $200,000, and therefore, the Project is subject to this requirement; and WHEREAS, on April 10, 2024, staff received seven bids for construction of the Project; and WHEREAS, staff identified Gilman Builders, Inc. as the lowest responsive and responsible bidder for the Project; and
WHEREAS, Gilman Builders, Inc. submitted the lowest bid in an amount not to exceed $2,661,000; and
WHEREAS, CMC 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 is $399,150; and
WHEREAS, the City Planner, through the process outlined in CMC Section 19.04.060, has determined that the project to reconfigure the EOC belongs to a class of projects that the State Secretary for Natural Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (d) Class 1 of the California Environmental Quality Act, or CEQA, Guidelines; and
WHEREAS, the project is consistent with 15301 (d) Class 1 because it consists of maintenance of public facilities, such as restoration or rehabilitation of deteriorated or damaged structures, facilities, June 11, 2024
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or mechanical equipment to meet current standards of public health and safety . In making this determ ination , the City Planner has found that the exceptions listed in Section 15300.2 of the CEQA Guidelines do not apply to this project .

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

1. That the above recitations are true and correct.

2. That the lowest bid submitted by Gilman Builders, Inc. in an amount not to exceed $2,661,000 for construction of the Emergency Operations Center Reconfiguration Project, CIP Project No. 4715, is accepted, and the Mayor is hereby authorized to execute a contract with Gilman Builders, Inc. attached hereto as Attachment A.

3. That the City Manager or designee is hereby authorized to approve construction change orders for the Emergency Operations Center Reconfiguration Project, CIP Project No. 4715, in an amount not to exceed $399,150.

4. That the award of this contract is contingent upon Gilman Builders, Inc. executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within 20 calendar days after adoption of this Resolution . The City Manager may grant reasonab le extensions of time to execute the contract and assemble the required bonds and insurance policies.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of June, 2024, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER.

NONE.

LUNA.

KEITH BLACKBURN, Mayor
Attachment A
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CITY OF CARLSBAD

CONTRACT DOCUMENTS
FOR:

Carlsbad Emergency Operations Center (EOC) Reconfiguration Project No. 4715
00 01 01 TITLE PAGE
Document Version: 1.0
PWS24-2272FAC
1635 Faraday Ave, Carlsbad, CA 92008
Email: [email protected]
Date Printed : October 20, 2023
Current Update: October 2022
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Table of Contents
SECTION 1 ....................................................................................................................................... 1 00 1110 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 2110 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

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8. COMPLETION OF BID FORMS .......................................................................................... 6

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

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

11. BID GUARANTEE .............................................................................................................. 7

12. LABOR & MATERIAL BOND AND PERFORMANCE & WARRANTY BOND REQUIREMENTS .. ........................................................................................................... 8

13. SUBSTITUTION OF SECURITY ........................................................................................... 8

14. OPTIONAL ESCROW FOR SECURITY DEPOSIT.. ................................................................ 9

15. INSURANCE REQUIREMENTS . ......................................................................................... 9

16. LICENSING REQUIREMENTS .............................................................. ............................ 10

17. SUBCONTRACTORS ....................................................................................................... 10

18. BIDDER INFORMATION AND EXPERIENCE FORM . ........................................................ 11

19. NON-COLLUSION AFFIDAVIT ......................................................................................... 12

20. IRAN CONTRACTING ACT OF 2010 ................... ............................................................ . 12

21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ................................... 12

22. PREVAILING WAGES ...................................................................................................... 13

23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS .......................................... 13

24. SIGNING OF BIDS ........................................................................................................... 13

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

26. OPENING OF BIDS ......................................................................................................... 14

27. WITHDRAWAL OF BID ....................................................................... ............................ 15

28. BIDDERS INTERESTED IN MORE THAN ONE BID ........................... ................................ 15

29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES ...................... 15

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( 30. PERMIT AND INSPECTION FEE ALLOWANCE ........................................................ ......... 15

31. BASIS OF AWARD; BALANCED BID ........................................................... .............. ....... 15

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

33. EXECUTION OF CONTRACT ..................... ........... .................................................... ....... 16

34. BUSINESS LICENSE ......... ...... ..... ............................... ................................ ............ .......... 16

35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES ................ ............ 16

36. USE OF RECYCLED MATERIALS .................................................................... .................. 16

37. STATUTORY REFERENCES .............................................................................................. 16 00 41 00 BID FORM ................................................................................................................... 17

1. BID SCHEDULE ............................................................................. : ................................. 18

2. TOTAL BID PRICE ........................................................................................................... 18

3. RECITALS ; ...................................................................................................................... 19 00 43 10 BID BOND FORM .......................................................................................... ............... 25 00 43 20 BID SECURITY .............................................................................................................. 27 00 43 30 PROPOSED SUBCONTRACTORS FORM ....................................................................... 28 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM ............................................ ...... ..... 30

1. INFORMATION ABOUT BIDDER ..................................................................................... 30

2. LIST OF CURRENT PROJECTS (BACKLOG) ...................................................................... 32

3. VERIFICATION AND EXECUTION .................................................................................... 36 00 45 10 NON-COLLUSION AFFIDAVIT ...................................................................................... 37 00 45 15 IRAN CONTRACTING ACT CERTIFICATION .................................................................. 38 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ................................. 39

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00 45 25 CERTIFICATE OF INSURANCE ...................................................................................... 40 00 45 30 STATEMENT REGARDING DEBARMENT.. .................................................................... 41 00 45 35 DISCLOSURE OF DISCIPLINE RECORD ......................................................................... 42 00 52 00 CONTRACT ....... .................... .......... .............. ................................ ............. ...... .......... .. 44 00 6110 LABOR AND MATERIALS BOND ..... .......................................................................... ... 48 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND ................................................... 51 00 61 30 OPTIONAL ESCROW AGREEMENT .............................................................................. 55 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS ...................................................... 59 INTRODUCTION ............................................................................................................................. 59 0141 26 PERMIT REQUIREMENTS .......................................................................................... 135 PART 1 GENERAL ......................................................................................................................... 135 01 50 00 TEMPORARY FACILITIES AND CONTROLS ............... ................... ......... ................ ...... 137 PART 1 GENERAL ............................. ............................................................................................ 137 PART 2 PRODUCTS (NOT USED} .................................................................................................. 142 PART 3 EXECUTION (NOT USED} ................................................................................................. 142 AGENCY TECHNICAL SPECIFICATIONS/ PROJECT MANUAL ....................................................... 143 DRAWINGS (BID SET ONLY- NOT FOR CONSTRUCTION}

TAB LE OF CONTENTS
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SECTION 1
00 11 10 NOTICE INVITING BIDS

1. RECEIPT OF BIDS.

The City of Carlsbad ("Agency") will accept Bids via electronic fo rmat via t he City of Carlsbad Electronic Bidding Sit e up to and no late r t han 11 a.m. (PST), on December 12, 2023 through t he online bidding port al ( Contracting & P urchasing I Carlsbad, CA (carlsbadca.gov)) fo r t he const ruction of th e Work entitled:

CARLSBAD EOC RECONFIGURATION PROJECT
CONTRACT NO. PW S24-2272F AC
Project No. 4715

2. DESCRI PTION OF WORK.

The Work includes the provision of all equipment, labor, materials, tools, services, t ransportation, permi ts, utilities, and all ot her items necessary to complete the construc tion of the following, as specified and shown in the Construction Documents: The Carlsbad Emergency Operations Center (EOC) Reconfiguration Project, 2560 Orion Way in Carlsbad, CA 92010. The City desires to upgrade this area of the Headquarters building, with regard to electrical, mechanical and technology infrastructure, select walls and new furnishings and finishes as detailed in the contract documents.

3. COMPLETION OF WORK.

The city anticipates awarding this project in March 2024. The Contract Time has been established as 150 working days in anticipation of achieving substantial completion by September 6, 2024.

The Contract Time shall begin as specified in the Notice to Proceed.

The Engineers' estimate for this Project is $3,971,669.

4. OPENING AND AWARD OF BIDS.

Agency shall consider awarding the Contract for the Project to the lowest responsive, and 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 requi red to award the Contract . No Bidder may withdraw its Bid or Bid Guarantee during this period. Bidders shall assume full responsibility for their Bid Price during this period and shall make certain that such delay does not restrict the Bid Guarantee.
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6. BIDDER QUALIFICATIONS.

Bidders shall be licensed contractors pursuant to Business and Professions Code Sections 7000 et seq. under the classification of Class B, General Building Contractor, as of the date of submittal of the Bid Documents and shall maintain such license until final acceptance of the Work.

Additional qualifications are included in the Contract Documents.

7. PRE-BID CONFERENCE.

The Agency will conduct a Mandatory Pre-Bid Conference at the Agency's office (address listed below) on November 1, 2023, at 11 a.m. (PST). Bidders will have the opportunity to walk the project area with a city project manager.

Address: 2560 Orion Way in Carlsbad, CA 92010
Representatives of the Agency and consulting engineers and architects, if any, will be present.

Relevant questions asked by Bidders at the Pre-Bid Conference about matters not specifically addressed within the Contract Documents shall be submitted in writing through the bidding portal. Such questions will be answered in writing and sent to all Bidders present at the Pre-Bid Conference and will be posted on the online bidding portal. Bids will not be accepted from any bidder who did not attend the Mandatory Pre-Bid Conference.

8. OBTAINING CONTRACT DOCUMENTS.

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

The Agency does not assume any liability or responsibility for any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the Bid Documents.

Information on the online bidding portal may change without notice to prospective Bidders. The Contract Do~uments shall supersede any information posted or transmitted by the on line 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 ~ubmitted 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 00 1110 NOTICE INVITING BIDS
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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 on line bidding portal. The original Bid Bond for the 3 apparent low Bidders must be submitted to the city within 2 Business Days of Bid opening.

The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth in the Contract Documents, shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer. Pursuant to Public Contract Code Section 22300, the successful Bidder may substitute certain securities .for funds withheld by Agency to ensure its performance under the Contract.

10.PREVAILING WAGE RATES AND LABOR COMPLIANCE.

This Project is subject to prevailing wages and labor compliance per the Labor Code. To this end, Bidder shall sign and submit with its Bid the California Department of Industrial Relations (DIR) Public Works Contractor Registration Certification on the form 00 45 00 provided. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed Subcontractor in the space provided in the Proposed Subcontractors form. In bidding this Project, it shall be the Bidder's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its Bid. A copy of the prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/.

11.PROJECT ADMINISTRATION/QUESTIONS.

Requests for Information (RFI) or interpretations of Bid Documents during the bid period 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 November 15, 2023, at 5 p.m. (PST). No questions will be entertained after that date.

For further information, see the on line bidding portal.

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00 2110 INSTRUCTIONS TO BIDDERS

1. SECURING CONTRACT DOCUMENTS.

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

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

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

2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS.

At its own expense and before submitting its Bid, each Bidder shall visit the Site of the proposed Work on November 1, 2023, for the Mandatory Pre-Bid meeting 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 Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the Site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under California law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Section.

3. INTERPRETATION OF DRAWINGS AND DOCUMENTS.

During the bidding period, 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 00 211 0 INSTRUCTIONS TO BIDDERS
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omissions from the Drawings and Specifications, may promptly submit a written request for information, interpretation, clarification, or correction ("RFI") to the Bid Administrator (defined below). The Agency may not respond to RFls submitted past the Q&A Submission Deadline. The Bidder submitting the RFI is responsible for prompt delivery to the Bid Administrator .

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

Before award of the Contract, no addition to, modification of, or interpretation of any provision in the Contract Documents will be given by any agent, employee or contractor of the Agency except as otherwise specified in these Instructions to Bidders. No bidder may rely on verbal directions given by any agent, employee or contractor of the Agency except as specified in these Instructions to Bidders.

4. QUESTIONS.

Questions regarding this Project must be submitted through the on line bidding portal. Questions shall be definite and certain, and shall reference applicable drawing sheets, notes, details or specification sections. The deadline to submit questions is identified in the Notice Inviting Bids.

Questions received after the deadline may not be answered. Responses to questions submitted during the bidding period will be published in an Addendum and provided to those bidding on the Project no later than the date specified in the Notice Inviting Bids.

Except for the Agency's Bid Administrator, no other members of the Agency's staff or Board should be contacted about this procurement during the bidding process. All inquiries and comments from Prospective Bidders regarding a proposed Bid must be communicated in writing, unless otherwise instructed by the Agency. The Agency may, in its sole discretion, disqualify any Prospective Bidder who engages in any prohibited communications.

5. PRE-BID CONFERENCE.

The Notice Inviting Bids shall state whether a Pre-Bid Conference will be held and, if so, whether attendance is mandatory. Bids will not be accepted from any bidder who did not attend a.

Mandatory Pre-Bid Conference. The Conference will commence at the specified start time and the Site visit will begin at the conclusion of the Conference. Prospective Bidders who arrive late (ten or more minutes after the Conference has started) or who do not sign the "Sign-In" sheet, may be disqualified from the bidding process.

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

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portal and be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference.

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 t he on line bidding portal.

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

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

7. ALTERNATE BIDS.

If alternate Bid items are called for in the Notice Inviting Bids and the Contract Documents, the time required for completion of the Work for the alternate Bid items is factored into the Contract duration and no additional Contract time will be awarded. The Agency may elect to include one or more of the alternate Bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each Bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder.

If the Agency utilizes alternate Bid items as described above, the Notice Inviting Bids will prescribe predetermined criteria for the Bid package selection or a selection process in which price information and Bidder identities are not revealed to the Agency before the Bid Submission Deadline.

8. COMPLETION OF BID FORMS.

Bids shall only be prepared using the Bid Forms which are included in the Contract Documents.

The use of substitute Bid Forms other than legible and correct photocopies of those provided by the Agency are prohibited. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Use of black or blue ink, indelible pencil, or a typewriter is required.

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

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

12. Optional Escrow Agreement, as applicable (00 61 30) When paper copies are submitted, all prices must be written in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.

9. GOVERNING GENERAL PROVISIONS.

The Specifications contained in the Agency Supplemental General Provisions (00 73 00) take precedence over the specification language contained in the Standard Specifications for Public Works Construction, "the Greenbook" latest edition and all errata. The Supplemental General Provisions address the unique conditions in the City of 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 on line bidding portal with Contract Documents. The Agency does not provide hard copies.

10.MODIFICATIONS OF BIDS.

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions, or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic, and electronic modifications will not be considered.

11.BID GUARANTEE.

Each Bid 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 00 2110 INSTRUCTIONS TO BIDDERS
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contract and provide the necessary bonds and certificates of insurance. The bid security may be declared forfeited if the successful Bidder fails to enter into a contract and provide the necessary bonds and certificates of insurance. Any Bid received that does not comply with these Bid Guarantee instructions may be rejected as non-responsive, and Agency may enter into a contract with the next lowest, responsive, responsible Bidder, or may call for new Bids. No interest shall be paid on funds deposited with the Agency. Copies of Bid Bonds submitted to the Agency shall have the same force and effect as the original.

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

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

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

12.LABOR & MATERIAL BOND AND PERFORMANCE & WARRANTY BOND REQUIREMENTS.

The successful Bidder shall furnish Agency with a Labor and Material Payment Bond and a Performance and Warranty Bond, each in an amount equal to 100% of the Contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120 and is admitted by the State of California, and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The Agency shall not accept personal sureties and unregistered surety companies. Each bond shall be accompanied, upon the request of Agency, with all documents required by Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to Agency within 10 Working Days from the date the Agency provides the successful Bidder with the Notice of Award.

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

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 00 2110 INSTRUCTIONS TO BIDDERS
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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, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the Agency the following certificate before performing the Work under the Contract:

I am aware of the provisions of Labor Code Section 3700, which require every employer to be insured against liability for workers' compensation orto undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Contract.

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

Insurance must be placed with insurers that:
1) Have a rating in the most recent Best's l<ey Rating Guide of at least A-:VII, or 2) Appear on the List of Approved Surplus Line Insurers, ("LASLI") with a Best's l<ey 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 . 00 2110 INSTRUCTIONS TO BIDDERS
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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 worker s' 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 the 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.

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. 00 2110 INSTRUCTIONS TO BI DDERS
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This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the Bid as non-responsive. Any Bid that proposes performance of more than 80 percent of the Work by Subcontractors or performance by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated on the Proposed Subcontractors Form (00 43 30) "Contractor's Bid" will not be included in computing the percentage of work proposed to be performed by the Bidder.

Suppliers of materials from sources outside the limits of Work are not Subcontractors. The value of materials and transport of materials from sources outside the limits of Work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor, as the case may be, that the Bidder proposes as installer of the materials. The value of material incorporated in any Subcontractor-installed Bid item that is supplied by the Bidder shall be included as a 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 twenty percent (20%} 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 Documents. The decision of the Board shall be final.

Contractor is prohibited from performing any Work on this Project with a Subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Section 1771.1 or 1777.7.

Bidders shall make copies of the disclosure forms as may be necessary to provide the required information to Subcontractors. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.

18.BIDDER INFORMATION AND EXPERIENCE FORM.

Each Bidder shall complete the provided questionnaire and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the Bid to be rejected as non-responsive. The Agency may reject any Bid if an investigation of the information submitted does not satisfy the Agency that the Bidder is qualified to properly carry out the terms of the Contract.

The Bidder shall submit Bidder Information and Experience Form (00 43 40} with the Bid Package. 00 2110 INSTRUCTIONS TO BIDDERS
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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, the Agency has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Diego County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this Contract. A copy of these prevailing wage rates may be obtained via the internet at www.dir.ca.gov/dlsr/.

In addition, a copy of the prevailing rate of per diem wages is available at the Agency and shall be made available to interested parties upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any Subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded the Contract, the Bidder and its Subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

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

Pursuant to Labor Code Section s 1720, et. seq. and 1770, et. seq., Contracto r shall pay prevailing wages for all Work performed under the Contract. The Agency has obtained from the Directo r of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which the Work will be perfo rmed 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. Any contract on a public works project executed between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a 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.

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 person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to 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 00 21 10 INSTRUCTIONS TO BIDDERS
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arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

25.SUBMISSION OF SEALED BIDS.

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

At the time of Bid submission, whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the Agency, Bidders must upload an electronic Portable Document Format (PDF) copy of the Bid Guarantee to the on line bidding portal. 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: Janean Hawney, 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, Bidders will 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.

26.OPENING OF BIDS.

Bids submitted on the online bidding portal will be reviewed by the Agency. Once the Bid Submission Deadline has passed, Bidders, proposers, the general public, and Agency staff are able to immediately see the results online. Agency shall consider award of the Contract to the lowest, responsive, responsible Bidder as determined by the Agency consistent with Section 32 below. In case of a discrepancy between the line item entries submitted in the online bidding portal and the Bid Form, the on line bidding portal shall prevail. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Bid 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.
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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 written notice to Agency within five (5) Working Days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the Agency.

28.BIDDERS INTERESTED IN MORE THAN ONE BID.

No Bidder shall be allowed to make, file or be interested in more than 1 Bid for the same work unless alternate Bids are specifically called for. If the Notice Inviting Bids provides for alternate Bids, a person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not disqualified from submitting a sub-proposal or quoting prices to other Bidders. No person, firm, corporation, or other entity may submit a sub proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.

29.SALES AND OTHER APPLICABLE TAXES, 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 by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.

30.PERMIT AND INSPECTION FEE ALLOWANCE.

Section not used.

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 Schedule A Bid price. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Bid Form. Also, the sum of all lump sum line items will govern over the "Total Proposed Lump Sum Price" line item.

The Agency may reject any Bid which, in its opinion when compared to other Bids received or to the Agency's internal estimates, does not accurately reflect the cost to perform the Work. The Agency may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to 1 or more particular Bid items or otherwise violates Public Contract Code Section 9203.
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( 32.AWARD PROCESS.

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Board may award the Contract. Once notified by Agency staff, the apparent successful Bidder should begin to prepare the following documents: (1) the Labor and Materials Bond; (2) the Performance and Warranty Bond; and (3) the required insurance certificates and endorsements. Once the Agency notifies the Bidder of the award, the Bidder will have 10 Working Days from the date of this notification to execute the Contract and supply the Agency with all of the required documents and certifications or the Bidder may forfeit the Bid security and the Agency may pursue award of the Contract to the next lowest, responsive, responsible Bidder.

Once the Agency receives all properly drafted and executed documents and certifications from the Bidder, the Agency shall issue a Notice to Proceed to that Bidder.

33.EXECUTION OF CONTRACT.

As required in these Instructions to Bidders, the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The Agency may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.

34.BUSINESS LICENSE
The prime Contractor is required to have and maintain a valid City of Carlsbad Business License for the duration of the Contract.

35.PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES.

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

36.USE OF RECYCLED MATERIALS
The Agency encourages Bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Agency's Engineer.

37.STATUTORY REFERENCES
All references in these Instructions to Bidders {00 2110) to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented or replaced from time to time by the corresponding legislative or regulatory body.

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Addendum No.5

1. BID SCHEDULE
Schedule "A" per GENERAL AND TECHNICAL SPECIFICATIONS, PROJECT MANUAL AND PLANS It em Item Description Unit of Unit Total Price
No. M easure Price EOC Reconfiguration
A-1 Mobilization (See Contract Sect ion 7-3 .4) LS N/A pv MwJ-3 t",. t "IZ i A-2 General Provisions (includin g w eekly LS N/A
, ✓
·""~ clean up, debri s remov al and mon t hly
~lt-4·~ schedule updat es) to be billed mon t hly
A-3 Selectiv e demolition LS N/A g~I 111,,•~t,
A-4 Division 3 - Concret e work LS N/A ~.z,s ·""
A-5 Division 5 - Metals LS N/A '1~9~•r-
A-6 Division 6 - Wood, Plast ics, Composit es L S N/A 40/t1s·"' A-7 Division 7 - Thermal and Moisture LS N/A . ,,.

51.;17 Protection I
A-8 Division 8 - Opening s LS N/A 140/$0(}
A-9 Division 9 - F inishe s LS N/A ~t:/t;,,~5';,.

A-10 Division 10 - Specialties/ Signage LS N/A a ~7t. -~ A-11 Division 23 - Heating, Ventila t ing and Air LS N/A . ....

Conditioning (HVAC) ;J.41 ooS' ,
A-12 Division 26 - E lectrical LS N/A ~sz-~43·-
A-13 Division 27 - Communications LS N/A 1;szff ·--
A-14 Division 28 - Electronic Safety & Security LS N/A ·n A-15 Punch list work scope and completion LS N/A $20,000 A-16 Closeout documen ts (complete with LS N/A $15,000
warranties and Operations and
Maintenance manuals
A-17 Audio/Visual (AV) System LS N/A t,,S,~~p .u
The costs for any Work shown or required in the Contrac t Documents, but not specifically identified above as a line item shall be included in the related line items in the above schedules and no additional compensation shall be due to the Contractor for the performance of the Work requi red in the Contract Documents.

2. TOTAL BID PRICE ,
The TOTAL BID PRICE on Bid Schedule "A "
Total Bid Price in Numbers for EOC Reconfiguration: .Z,v 37,~'Dl7·,,. ~4'tl, Total Bid Price in Words for EOC Reconfiguration: IWIJ /b'fkpd >ix /-lvvv::J,-eJ •- ~ ~ .. I
EfrJ't Se-v/Ji,9 llw!>-?,,J /).,Illa.« Sit 7o~e Tt.ctJuS"~ /)o//a,rs. 00 41 00 BID FORM
Documen t Version: 1.0

Page 18 ends

Date Pri nt ed: January 16, 2024
Current Update : October 2022
'i
()
June 11, 2024
Item #11 Page 29 of 198
The City shall determine the low bid based on the sum calculated above in Schedule "A" for the EOC Reconfiguration.

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.

The undersigned agrees that this Bid Form constitutes a firm offer to the Agency which cannot be withdrawn for ninety (90) Calendar Days from and after the Bid opening, or until a Contract for the Work is fully executed by the Agency and the lowest responsible Bidder, whichever is later.

The Undersigned has carefully checked all the above figures and understands that the Agency will not be responsible for any error or omission on the part of the Undersigned in preparing this Bid.

3. RECITALS
The successful Bidder agrees to sign the Contract and furnish the necessary bonds and certificates of insurance within 10 Working Days after the Agency issues the Notice of Award to the successful Bidder.

The Undersigned agrees that in case of failure to execute the required Contract with necessary bonds and insurance policies within this time period, the Agency may pursue awarding the Contract to the next lowest responsible Bidder and the Bid Security of the lowest Bidder may be forfeited.

Upon receipt of the signed Contract and other required documents, the Agency will proceed to execute the Contract and issue a purchase order and the Notice to Proceed. The time of completion shall commence on the date of the Notice to Proceed, unless otherwise specified.

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

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

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

The Undersigned Bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California and that this 00 41 00 BID FORM
Document Version: 1.0

Page 19 ends

Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 30 of 198
(
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):

License #864339
Classifications: A & B
License Expiration Date: 04/30/2025
If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.

A Bid submitted to the Agency by a Contractor who is not licensed as a Contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the Agency. In all contracts where federal funds are involved, no Bid submitted shall be invalidated by the failure of the Bidder to be licensed in accordance with California law. However, at the time the Contract is awarded, the Contractor shall be properly licensed.

The Undersigned Bidder represents as follows:

1. That no elected or appointed official, officer, agent, or employee of the Agency is personally interested, directly or indirectly, in this Contract, or the compensation to be paid under it; that no representation, oral or in writing, of the Agency, its officers, agents, or employees has induced Bidder to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part of this Contract by its terms; and

2. That this Bid is made without connection with any person, firm, or corporation making a Bid for the same Work, and is in all respects fair and without collusion or fraud.

Accompanying this Bid is Bid Bond (Cash, Certified Check, Bidder's Bond or Cashier's Check) for 10% of the amount Bid, payable to Agency as Bid Security and which is given as a guarantee that the undersigned will enter into a Contract and provide the necessary bonds and certificates of insurance if awarded the Contract.

Organized under the laws of the State of _C_al_i£_o_rn_ia ______ _ □ an individual
□ a partnership
Nl a corporation
00 41 00 BID FORM
Document Version: 1.0
(signatures continued on next page)

Page 20 ends

Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 31 of 198
(
(
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 S ignature (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 00 BID FORM
Document Version: 1.0

Page 21 ends

Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 32 of 198
(
IF A PARTNERSHIP, SIGN HERE:

I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct.
1 Name under which
business is
conducted
2 Signature (given and
surname and role)
{Note: Signature
must be made by a
general partner)
Printed/Typed Name
3 Place of Business
(Full Address: street,
number, city, state,
zip)
4 Telephone Number
5 Email

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 00 41 00 BID FORM
Document Version: 1.0

Page 22 ends

Date Printed: October 20, 2023
Curre nt Update: October 2022
June 11, 2024
Item #11 Page 33 of 198
(
IF A CORPORATION, SIGN HERE:

I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct.
1 Name under which
business is
conducted
2 Signature (given and
surname and Title)
(Note: Signature
must be made by a
someone who can
bind the
corporation)
Printed/Typed Name
3 Place of Business
(Full Address: street,
number, city, state,
zip)
4 Telephone Number
5 Email
Gilman Builders, Inc.

Alireza Niksefat
21 Sanctuary
Irvine, CA 92620
949-648-0444
[email protected]

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 00 41 00 BID FORM
Document Version: 1.0

Page 23 ends

Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 34 of 198
(
(
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of O Y'otN\_gj e...

On O \ /osj Z.O~ before me, {3;,tV\tA A:tA.h , N ·t:>"tZ?(.,f?;? \)Abvic_, Date h Here Insert Ngme and Title of the Officer
personally appeared ____,/rj~ _"f_r_ce-z,_-=-°'--'---:G---'---'-~- -=-r---',LLt:-1l___,N_ l_,_lt'_· &----=efg:"'---'---'·-'-+---====- Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s). acted, executed the instrument.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature __,~~ =--"'-.4C----- -=----- ~ --
SignatureofNota

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: PrciJec..t-- P-:>td f=o t:t!:::) Document Date: D \ \ es( 2..D24 Number of Pages: DYl e._ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: -=========~~~~~;;;;~~~
□ Corporate Officer - Title(s): ______ _
Signer's Name: ------~----_-_-_-_-_-_-_-_-~ -
□ Corporate Officer - Title(s):-______ _
□ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other :

Signer is Representing: ________ _ Signer is Representing -. ------- ~~¾~%.iill~i~fi'~wl'i!l< §a,1®8~.&~ffl®W~ill~~~!lift;Q J:flvllilll!i®!~ Mfillvmooi~Jril*J<@mw ©2019 National Notary Association
M1304-09 (11 /20)
June 11, 2024
Item #11 Page 35 of 198
(
(
List below names of president, vice president, CFO, secretary and assistant secretary, if a corporat ion; if a partnership, list names of all general partners, and managing partners:

Alireza Niksefat
Alireza Niksefat
Alireza Niksefat
Alireza Niksefat
Alireza Niksefat

END OF SECTION
00 41 00 BID FORM
Document Version: 1.0
President
Vice President
Secretary
CFO
Assistant Secretary

Page 24 ends

Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 36 of 198
(
(
(
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: Carlsbad EOC Reconfiguration Project
CONTRACT NO.: PWS24-2272FAC
NAME OF BIDDER: Gilman Builder s, Inc.

The makers of this bond are, Gilman Builders, Inc. as Princip al, and Old Republic Surety Company ____ _ . as Suret1.· and are held and firmly bound unto the City of Carlsbad ("Agency " ) in the penal sum of 10% OF THE TOTAL BID PRICE of the Principal submitted to the Agency for the Work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves , our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents .

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated December 12, 2023
If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal provides all required documents to the Agency and is awarded the Contract; then this obligation shall be null and void . Otherwise , this bond will remain in full force and effect .

Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond , and Surety waives notice of any such changes.

In the event a lawsuit is brought upon this bond by the Agency and judgment is recovered, the Surety sha!! pay a!I !itigation expenses incurred by the .Agency in such suit, inc!uciing re?.c.nn;:iblP attorneys' fees, court costs, expert witness fees and expenses.

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.

Ill
Ill
Ill
00 43 10 BID BOND
Docum ent Version: 1.0

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Date Print ed: Octobe r 20. 2023
Current Upd;:,te: Octob er 202.'
June 11, 2024
Item #11 Page 37 of 198
(
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under th eir several seals this 13th day of November , 20 23 , th e
name and corporate seal of each corporation .

PRINCIPAL:

Gilman Builders Inc.
(Name of Principal) ~ --
-..... _
By:
(sign here)
(\ll,~~ Nt.KSeF.:;.,I
(Print name here)
P('(s,de,,,J
(Title and Organization of Signatory)
Execut ed by SURETY
this 13th day of
SURETY:

November , 20_1l__
Old Republic Surety Company
(name of Surety)
14728 Pipeline Avenue, Suite E, Chino Hills, CA 91709
(address of Surety)
909-367-2015
(telephone number of Surety)
By ~
(signature of Attorney -in-Fact)
Andrew Sysyn, Attorney -in-Fact
(printed name of Attorney-in-Fact)
Required Attachments:
0 Corporate resolution showing current power of attorney.

J Proper execution by PRlNCiPAL.
0 Proper notarial acknowledgment of execution by SURETY. □ President or vice-president and CFO, secretary or assistant secretary must sign for corporations . If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.

END OF SECTION
00 43 10 BID BOND
Docume nt Version: 1.0

Page 26 ends

Date Print ed: October 20, 2023
Curren t Update: Octob er 2022
June 11, 2024
Item #11 Page 38 of 198
(
(
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
Nov 'fl 3 /}(J1_,~:J On _____ J1 ___ t _ __ .J __ before me, _ _ /\_'l_a_r_ia_S~v_s,_11_1,_N_._o_t_a_n_' _P_u_ri_l_i,~- - - - ------- Date Here Insert Name and Title of the Officer
personally app eared __ ,c\_11_u_
1 1_·e_,.,_, _s~,·-~,_,:n ____ _____ ___ _____________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidenc e to be the person(s) who se name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/the ir signature(s) on the instrum ent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct
········~ Notary~uR~~,5:~:~fornia z WITNESS my hand and official seal.

Orange Co~nty ~ ~
Commission r/ 2468022
y Comm. E;,:pim Nov 7, 2027 Signature ___ _J_j~~-U~~=="""--- ----- - Signature of Notary Publi c
Place Notary Seal Above
------------- - -- OPTIONAL ---------- ------
Though this section is optional , completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _______________ _ __________ _ __ _ Document Date: _ _______ ___ _ _ _______ Number of Pages: ____ _ _ Signer(s) Other Than Named Above: ____ ____ ______ ________ __ _ Capacity(ies) Claimed by Signer(s)
Signer 's Name: _ _ _ _____ ____ _ Signer's Name: _ ___________ _ □ Corporate Officer - Title(s): _ _ ____ _ □ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: _________ _____ _ □ Other: ___ _ _________ _ _ Signer Is Representing: _______ _ _ _ Signer Is Representing : ____ _____ _ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 June 11, 2024
Item #11 Page 39 of 198
(
** ** •· * ! OLD REPUBLIC SURETY COMPANY
***** POWER OF AT TO RN EY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY . a Wisconsin stock insurance corporation does rnake. co11:;t1t ute «nd appoint:

Andrew Sysyn of San Juan Capistrano. CA
its true a nd lavvful Attorney(s)- in-Fact, wit11 full power and authority for and 011 behalf of the company as surety. to execute and deliver and affix the seal of the company thereto (if a seal is required) , bonds, undertakings , recognizance s or other written obligations 111 the nature therw•:. (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment pap er and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits , asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds) , as follows.

ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby. and all of the acts of said Attorneys-in-Fact , pursuant to these presents , are ratified and confirrne(i.

This appointment is made under and by authority of the board of director s at a special meeting held on February 18, ·1982.

Tf!i:-; Power of AHorney is siyned t1nd sealed by fa~in1ile under and by the c1uthority of the fo:lo-..\·ing ret,olutions udoplcd by the h::~rd 0f rlire clors of !he) (}I D i~EPUBLIC SURETY COMPANY on February 18,"1982.

RESOLVED that. the president , any vice-president or assistant vice president. in conjunction with the secretary or any assistant secretary. mav apr•linl attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing tile appointment 111 each case. for and 011 behalf oi the cornpany 10 execute and deliver and affix the seal of the company to bonds , under1akings. recognizances , and suretyship obligation s of all kinds; ,mcl said olficer s mav remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted lo sucil person.

RESOLVED FURTHER, that any bond, undertaking, recognizance , or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president. any vice president or assistant vice president, and attested and sealed (if a seal be required) by ,rny secretarv 0 1 assistant secretary: or
(11) when signed by the president, any vice president or assistant vice president, secretary or assistant secfetary, and countersigned anci sealed 11 f a seai Ii;; required) by a duly aut11orizecl attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant lo ancl within t11e limits of tile autlwri 1y evidenced by the Power of Attorney issued by the company to such person or persons.

RESOLVED FURTHER that the signature of ,my authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking . recognizance . or other suretyship obligaiions of the company, anrJ suc!1 signature and seal when so used sl1all have the sa1ne force and effect as though manually affixed.

IN WITNESS WHEREOF , OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to \J," affixed this 9th day of October 2020

OLD REPUBLIC SURETY COMPANY
/4/¼
* ,,,,;· Presiclent

STATE OF WISCONSIN , COUNTY OF WAUKESHA- SS
• ~ i ''
On t!1ir. 9th dav of October ~ -0.?.0 . . personally cc:n,e before ,~<:. Alan P,w!ic ,Hid Karen J Haffner , to me known to be Ille individuals and officers of the OLD REPUBLIC SUR El Y COMP/\i'J'r w!lo executed the above inslrument , and they each acknowledged the execution of the same. and being by me duly sworn, did severally depose and say: thc,t tJ1ey are Ifie said officers of the corporation aforesaid , and that the seal affixed to the above instrument is the seal of the corporation , and that said corporate seal ancl their signatures as such officers were duly affixed and subscribed to the said instrument by tile authority of the board of directors of said corporation.

My Comrrnssion Expires. September 28, 2022
CERTIFICATE {Expiration of notary's commission does not invalidate this instrument) I, the undersigned. assistant secretary of the OLD REPUBLIC SURETY COMPANY , a VVisconsin corporation , CERT IFY that the foregoin g and atlaci1erJ Power of Attorney remains in full force and has not been revoked ; and furthermore. that the Resolutions of the board of directors set forth in tl1e Powe, ,,; /\ttorney. are now in force.
-.~;~;~::•.:o::~>~o\
! : SEAL t
:.: "& 11:e, ~? 74 7199
13th November Signed and scaled at t11e City of Brookfield. WI this ______ day of ________ _ _ _ ,{~i~tl_hih; '7 Assis, .... H ~fl)~
2023
Artisan Bonding & Ins Services LLC
June 11, 2024
Item #11 Page 40 of 198
(
I... CALIFORNIA
' DEPARTMENT OF INSURANCE-
- -
Company Profile
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COMPANY PROFILE
Company Information
Old Compan y Na mes
Agent For Servi ce
Melissa DeKoven

OLD REPUBLIC SURETY COMPANY
P.O. BOX 1 635
MILWA UKEE, W I 53201
Effect ive Date
2710 Gateway Oaks Drive, Suite 150N
Sacramento CA 95833-3505
Reference Information
NAIC #: 40444
I
California Company ID #: 3254-0
I
Date Authorized in California: 12/14/1990
I
License Status: UNLIMITED-NORMAL
I
Company Type: j Property & Casualty I
State of Domicile: II WISCONSIN I
back to top
NAIC Group List
NAIC Group #: 0150 OLD REPUBLIC GRP
Lines Of Business
The company is authorized to transact business within these lines of insurance.

For an explanation of any of these terms, please refer to the glossary. back to top

LIABILITY

MISCELLANEOUS
SURETY
© 2008 California Department of Insurance
June 11, 2024
Item #11 Page 41 of 198
( 00 43 20 BID SECURITY
(
(Note: This form is required when cash, certified check or cashier's check, accom Bid Bond is being provided, use form 00 43 10 Bid Bond) NAME OF PROJECT: Carlsbad EOC Reconfiguration Project
NAME OF BIDDER: -----------------
Accompanying this proposal is a Certified / Cashier's check paya e to the order of the City of Carlsbad ("Agency"), in the sum of _____________________ _ dollars ($ _________ ), this amount being 10% of e tota l amount of the Bid. The proceeds of this check shall become the property of the Ag cy, provided this proposal shall be accepted by the Agency through action of its legally canst' uted contracting authorities and the Undersigned shall fail to execute a Contract and furnish t e required Performance, Warranty and Payment Bonds and proof of insurance coverage withi the stipu lated time; otherwise, the check shall be returned to the Undersigned. The proceeds th is check shall also become the property of the Agency if the Undersigned shall withdraw h' or her Bid within the period of 15 Calendar Days after the date set for the opening of th Bid, unless otherwise required by law, and notwithstanding the award of the Contract to other Bidder.

Required Attachments:
□ Certified Check or Cashier's

END OF SECTION
00 43 20 BID SECURITY
Document Version: 1.0

Page 27 ends

BIDDER
Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 42 of 198
(
(
00 43 30 PROPOSED SUBCONTRACTORS FORM
NAME OF PROJECT: Carlsbad EOC Reconfiguration Project
NAM E OF BIDDER: __ G_ il_rn_a_n_B_u_il_d_e_rs_, _In_c_. _________ _ In compliance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.), Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number, and (d) the portion of the Work which will be done by each Subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the Work or improvement to be performed under this Contract in an amount in excess of one half of one percent (0.5%) of the Bidder's Total Bid Price. Notwithstanding the foregoing, if the Work involves the construction of streets and highways, then the Bidder shall list each Subcontractor who will perform work or labor or render service to the Bidder in or about the Work in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If a Bidder fails to specify a Subcontractor or if a Contractor specifies more than one Subcontractor for the same portion of Work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of Work and that it shall perform that portion itself. No changes in the Subcontractor's listed Work will be made without the prior approval of the Agency.

Attach additional pages as requir
~ t,-.\..1,~C.':>c ,_
(Signature of Bidder)
00 40 30 PROPOSED SUBCONTRACTORS FORM
Document Version: 1.0

Page 28 ends

Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 43 of 198
(
Name of Location of CSLB DIR Type of Work % of Amount of Subcontractor Business Contractor Registrat ion to be done by Work Work by License No./ Exp. Subcontractor Subcontractor
No./ Exp. Date in Dollars*
Date
DooJi, pky ~~,,J;J6 '1Jlfq4J 1~lv$ff c;,&.~~ ✓•
.f •• (;IJ,-,,.j i-~i 14"" . -.
1/11/z-~ 6/11/z4 ..1~s/rifl$
~rr6~f
G,....-a;.. ,, "o~S/5 JDl»DZt>lo7 Jf0(JSW~/t;,"- .
) I • . Ow«l»J t, . ~- .l, .~
rr,C,Sllln ,(J't/3$ t.lPP~
t1tff>r .,i,.._, 1,.,, /tZoltJ .,
f¥«/Sfi'5, J~. ; ~ t,1-' j4Mtel
a,-y~,,~- c;ftJF 2.s~~&.a I «trJ>Zl/11 ' .~ Hflll~ I 1, 1,""° f.,J(Jswr 1(11/;s v,,P11 I, .o1 ftell/~,~~ ,~Drj., St,S773 t f)IX)(JO 1111, ~
J4 /1/v,r~ Rflt.1. rt
,,,1/@rlt'- t,/;t>/zA 1,11,(,-r (. o, ,I
80$fft~I, . 1,lfZZ.1/ /()f)(l)I Z~l'f I ,;I tf}p, -0e~ /,· 1,·o~ .~ a,..,~-7 7(11/44 t(loj;4 (.1JI s, 6,tl() ., -r,· ~v. ~":,. qiqz.to /t#»ltt.11 . • . - r.:e S,..wdtr.s VtSfA ·'" pr;l~('&;,;i 13/,rjJS .1A ~p,a:r; t/;4/M
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 afte r the deadline for submitting bids contained in the "Notice Inviting Bids."

END OF SECTION
00 40 30 PROPOSED SUBCONTRACTORS FORM
Document Version : 1.0

Page 29 ends

Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 44 of 198
(
Name of Location of CSLB DIR Type of Work % of Amount of Subcontractor Business Contractor Registrat ion to be done by Work Work by License No./ Exp. Subcontractor Subcontractor
No. / Exp. Date in Dollars*
Date
~,.t,;;,,,., I
Sa-t)ry 5'/1/'fl '"""' .1r1s 5~/,,rn} ~
gkd,,,~ ~, • ..:'5/ A .13 1/l,tW
. ,.,
1/,1/a r,/J'd/u IA)(l1'~$ {foie' ~
1,1/,1krll
tJY~
$1/6'11 /IXd,l $0 p lwl,;, /t,~/ 1, o\ 9'! 51z. ·-A11tJ,·u t/J1µ/ 1/t~,.J 1/11/u 1 • ~. e. c;,:;:t:j . 11/1;11 f(Jll¥)/1t~ . /, ~ -~
(.g,,,._,;;;., J,f11-rt1tt;_
• 1,/;1 /zf t;7ofrS
f6,,.1,,5 .i~ JS'JZf
I
6r~/tKJ S°P"'t) (~,
/IJ~CIZ /(l(d)~445'5
>f51Y ""
, .t,. . ZS-7Z-'5 ft5t1S 1z/Jf~s t,/p/µ1 • .,
-. /(J(»l)J/~31 MeTMsf'vJ/ A"t'',w(, qt,g4~1
1 -~' "
,P
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11-/1I% 4/1/1/u Do/1AJMI q4~ I
~t:,7 1Y()f5! I «1r.0171, I .--. I ,1:'f)
,I- ,141
~, rtrn to/;,jx t/J,j;>
t;~lnt'~ A7t,lll3 p/«lnc
Pursuant to Public Contract Code Section 4104, subdivision (a)(3)(A), receipt of t he 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 40 30 PROPOSED SUBCONTRACTORS FORM
Docu ment Version: 1.0

Page 29 ends

Date Printed : Octo ber 20, 2023
Current Upda te: Octo ber 2022
June 11, 2024
Item #11 Page 45 of 198
(
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
NAME OF PROJECT: Carlsbad EOC Reconfiguration Project
CONTRACT NO.: PWS24-2272FAC
NAME OF BIDDER: _ G_ ilm_ a_n_B_u_il_d_e_rs_, _In_c_. __________ _

1. INFORMATION ABOUT BIDDER
(Indi cate not applicable ("N/A") where appropriate. )
NOTE: Where Bidder is a joint venture, pages shall be duplicated, and inform ation provided for all parties to the joint venture.

1. Type, if Entity: __ C_or_p_o_r_at_io_n ______________ _

2. Bidder Address: 21 Sanctuary, Irvine, CA 92620
a. Facsimile Number -----------
b. Telephone Nu mber __ 9_4_9-_6_4_8_-0_4_4_4 ___ _
c. Email Address [email protected]

3. How many years has Bidder's organization been in business as a contractor? _ 1_3 __

4. How many years has Bidder's organization been in business under its present name? 13 a. Under what other or former names has Bidder's organization operated? n/a

5. If Bidder's organization is a corporation, answer the following:
a. Date of Incorporation: 12/17/2010
b. State of Incorporation: California
c. President's Name: Alireza Niksefat
d. Vice-President's Name(s): Alireza Niksefat
e. Secretary's Name:
f. Treasurer's Name:

Alireza Nil<:sefat
Alireza Nil<:sefat
00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM
Document Version: 1.0

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Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 46 of 198
g. CFO's Name: Alireza Niksefat

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: No

12. List Trade/Client References: Robert Suppelsa, Vice Presindent, El Camino Community College 310-660-3107, [email protected]
Anthony Tatikian, Crosby Plumbing, 626-705-0809, [email protected] Mike Yackee, Graycon HVAC.909-319-4706,[email protected]

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

Chase Bank, Indian Canyon, Irvine, Gina Auh, Bank Manager, 714-731-2471, [email protected]

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

Old Republic Surety Company, Andrew Sysyn, 949-292-3353, [email protected] 30101 Hillside Terrace, San Juan Capistrano, CA 92675
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM
Document Version: 1.0

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Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 47 of 198

2. LIST OF CURRENT PROJECTS {BACKLOG)
[** Duplicate or attach additional pages if needed fo r list ing current projects.** ] Project Name Description of Bidder's W ork
Sub or Prime?
El Camino Site Work Including grading,
Community underground utilities,
College Student underground electrical, site
Health Service concrete, site paving, Irrigation &
Building landscaping and site furnish ing,
building electrical, building access
contro l, intrusion control and fire
alarm.
00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM
Document Version: 1.0

Page 32 ends

Client
Name
Mr.

Robert
Suppelsa,
Vice
President,
El Camino
College
Completion Cost of
Date Bidder's Work
Nov. 2023 $3,100,000
Date Printed: Octobe r 20, 2023
Current Update : October 2022
June 11, 2024
Item #11 Page 48 of 198
(
l
LIST OF COMPLETED PROJECTS (LAST 3 YEARS)
[* * Duplicate or attach additional pages if needed for listing completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

Project Name Description of Bidder's Work
Sub or Prime?
Orange Coast Replace the brick veneer cladding at
College ABC all exterior walls with plaster, install
Building expansion joint cover between
building and remodle restrooms at
all three buildings.

Las Brisas Remodling a two story building
Admin. & Early including the site work consisting of
Learning grading, site concrete, paving, tot-
('pntPr lot, fencing & site furnishing
Santa Monica Third Level Complete Renovation
City Hall Entire including All finishes, MEP and new
Third Level roofing for the entire building
00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM
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Page 33 ends

Client Completion Cost of
Name Date Bidder's Work
Cosat September $2,100,000
Commu 2022
nity
r'nllPaP
u
County cf
Riversidt 2021 $2,300,000
Education
Deoartm
0 nt
City of
Santa
Monica
2020 $2,400,000
Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 49 of 198
(

EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:

The Bidder shall identify the key personnel to be assigned to this Project in a management, construction supervision or engineering capacity. Add additional pages to identify ALL key personnel. Bidder may submit a 2-page resume of each key personnel mentioned above.

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the Agency.

Job Title Specialized
Name Education
% time committed
to this Project
Alirez a N iksefa t BS in Construction
100% Engineering &
Management
Victor Vazguez Field Formeman and
Concrete
Suoerintendent
Batisse Niksefat Construction
00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM
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Page 34 ends

Years of
construction
experience
relevant to the
Project
25 Years
25 Years
2 Years
Summarize the
experience
Project Manager and
Superintendent
Foreman
Project Engineer
Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 50 of 198
(
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:
n/a
00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM
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Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 51 of 198
(

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: __ G_il_n_1a_n_ B_u_il_d_e_rs_, _In_c_._ ' __ ..,__ ______________ _ Signature
~µ ... c :::, e C ..

Alireza Nil<:sefat Name
Title President
Date 01/10/24

END OF SECTION
00 43 30 BIDDER INFORMATION AND EXPERIENCE FORM
Docume nt Version: 1.0

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Date Printe d: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 52 of 198
(
00 45 10 NON-COLLUSION AFFIDAVIT

NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID NAM E OF PROJECT: Carlsbad EOC Reconfiguration Project
NAM E OF BIDDER: __ G_il_m_a_n_B_u_il_d_e_rs_,_In_c_. __________ _ Consistent with Public Contract Code Section 7106, the undersigned declares:

I am the President of Gilman Builders, Inc. 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 conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown of it, or the contents of it, or divulged information or data relative to it, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent of these, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, represents that they have full power to execute, and do execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that thi declaration is executed 01/10 20 24 at Irvine [city], CA . [state
Signature
Name Alireza Niksefat
Title President

END OF SECTION
00 45 10 NON-COLLUSION AFFIDAVIT
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Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 53 of 198
(
00 45 15 IRAN CONTRACTING ACT CERTIFICATION
NAME OF PROJECT: Carlsbad EOC Reconfiguration Project
NAME OF BIDDER: _ G_ilm_ a_n_B_u_i_ld_e_rs_,_I_n_c. __________ _ 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 Contract ing Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
~ The Contractor is not:
1) identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or 2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. □ The Agency has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the Agency will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ~ □ The amount of the Contract pav.able to the Contractor for the Project does not exceed $1,000,000.
0-....:.._ N"'l c.~., ... "--Signature: _____ _ _ _ ___ __.. __ Date: 01/10/2024 Name: Alireza Niksefat Tit le: President
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for 3 years.

END OF SECTION
00 45 15 IRAN CONTRACTING ACT CERTIFICATION
Document Version: 1.0

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Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 54 of 198
(
(
00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Carlsbad EOC Reconfiguration Project
NAM E OF BIDDER: __ G_ilin __ an_ B_u_il_de_r_s,_I_n_c_. _________ _ Pursuant to Labor Code Sections 1725.5 and 1771.1, all Contractors and Subcontractors that wish to Bid on, be listed in a Bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations. See Public Works (ca.gov) for additional information.

No Bid will be accepted, nor any Contract entered into without proof of the Contractor's and Subcontractors' current registration with the Department of Industrial Relations to perform public work.

Bidder certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations.

Name of Bidder: Gilman Builders, Inc.

DIR Registration Number: 1000003412
DIR Registration Expiration: 06/30/2025
Bidder further certifies:

1. Bidder shall maintain a current DIR registration for the duration of the Project.

2. Bidder shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its Contract with Subcontractors and ensure that all Subcontractors are registered at the time of Bid opening and maintain registration status for the duration of the Project.

3. Failure to submit t~is for or comply with any of the above requirements may result in a finding that the Bid is non- esponsive.
~ f'-j,1A c..>r •~
Signature: ________ ___ _
Name: Alireza Niksefat

END OF SECTION
00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Document Version: 1.0

Page 39 ends

Date:

Title:
01/10/2024
President
Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 55 of 198
I '
I
00 45 25 CERTIFICATE OF INSURANCE
NAME OF PROJECT: Carlsbad EOC Reconfiguration Project
NAM E OF BIDDER: Gilman Builders, Inc.

Bidder must attach either of the following to this page.

XI Certificates of insurance showing conformance with the requirements for each of:
a. Comprehensive General Liability
b. Automobile Liability
c. Workers Compensation
d. Employer's Liability
D Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder the required policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance and the required Certificates of insurance to the Agency.

END OF SECTION
00 45 25 CERTIFICATE OF INSURANCE
Document Version: 1.0

Page 40 ends

Date Printed: October 20, 2023
Current Update: October 2022
June 11, 2024
Item #11 Page 56 of 198
ACORD
0 CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
~ 4/3 0/2024
______,
I
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER Phone: (951 )694-0625 ~~~i~cT Certi ficate Department Fax: (951)7 19-3350
fA~~N,_,i=,, <'vii• (95 [ )694-0625 I rM Nol: (95 1)7 19-3350 PSA Realty & Tnsurance Services PO Box 720
E-MAIL [email protected] ADDRESS:

Temec ula, California 92593 -0720 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : James River Insurance Company 12203
INSURED INSURERS: AmGUARD Insurance Company 42390
GILMAN BUILDERS INC INSURER C: Richmon d Nationa l Insurance Company 17 103 2 1 SANCTUARY INSURER D: State Compensation Insurance Fund Of California 35076 IRVINE, CA 92620 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 26589 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIE S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE ,uon un,n POLICY NUMBER IMM/DDNVVVl IMM/DD/YYYY\ LIMITS v' COMMERCIAL GENERAL LIABILITY 00070852 -8 3/2 1/2024 3/21/2025 EACH OCCURRENCE s 1,000,00 0 A >--
~ CLAIMS-MADE ~ OCCUR
DAMAGE TO RENTED 50,00 0
>-- PREMISES /Ea occurrencel s
v' N MED EXP (Any one person) s l ,uuu
>-- 1,000,000 PERSONAL & ADV INJURY $
>-- 2,000 ,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ R
POLICY 0 ~fc?r □ LOG PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $
AUTOMOBILE LIABILITY GIAU536284 5/ 12/2024 5/12/2025 COMBINED SINGLE LIMIT s 1,000 ,000 13 <Ea accidentl - ANY AUTO BODILY INJURY (Per person) s - OWNED 7 SCHEDULED AUTOS ONLY AUTOS N BODILY INJURY (Per accident) $
7 HIRED 7 NON-OWNED PROPERTY DAMAGE s AUTOS ONLY AUTOS ONLY /Per accidentl - s

UMBRELLA LIAB
M
OCCUR RN-7-0504949 4/2 6/2024 3/2 1/2025 EACH OCCURRENCE s 2,000,000 C -
v' EXCESS LIAB CLAIMS-MADE AGGREGATE s 2,000,000
OED I I RETENTION $
N $
WORKERS COMPENSATION 9034296-2023 11/20 /2023 11/20/2024 ii' I ~¥fruTE I IOTH-

D AND EMPLOYERS' LIABILITY ER
Y/N 1,000 ,000 ANYPROPRIETOR/PARTNER/EXECUTIVE
[rJ
E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A y
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000 ,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT s DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad is named additional ins ured when required by written contract per attached form CG2010 0704.

Waiver of subrogation applies when required by written contract per company form 10217 (REV 4 2018) attached. 30 day notice of cancellation, 10 day notice of cancellation for non-payment of premium .

RE : All Projects

CERTIFICATE HOLDER
Holder's N ature of Interest : A dditi onal I nsured
City of Carl sbad/CMWD

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
c/o E)UGIS lnsuanc e Complia nce Ser vices
( P.O . Box 947 AUTHORIZED REPRESENTATIVE
\ I Munieta , CA.9 2564 ~ -C::AC_-~~--~:>" l --;;,a ..-- ...._ ____ ....._1 ______________________ __,_ _____________ __;::;._ _________ ____ ...., © 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD June 11, 2024
Item #11 Page 57 of 198
(
STATE

COMPENSATION

INSURANCE
UNO

ENDORSEMENT AGREEMENT

WAIVER OF SUBROGATI ON

BLANKET BASIS

HOME OFFICE
SAN FRANCISCO EFFECTIVE NOVEMBER 20, 2023 AT 12. 01 A.M.

AND EXPIR I NG NOVEMBER 20, 2 02 4 AT 12 . 01 A. M.

ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC

STANDARD TIM E OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME
GI LMAN BUILDERS , I NC .
2 1 SANCTUARY
IRVI NE , CA 92 62 0

WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL

NOT ENFORCE OUR RI GHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.

THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU

PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE

2.00% OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

JOB DESCRIPTION

BLANKET WAIVER OF

SUBROGATION
9034296 - 23

RENEWAL
SP
5-35 - 04 - 69
PAGE 1 OF

NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND

ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
2572 ~!,q
NOVEMBER 21, 2023
IL,'>'1 .Ji~~

PRESIDENT ANO CEO
1 SCIF FORM 10217 (REV.4·2018) OLO DP 217
June 11, 2024
Item #11 Page 58 of 198
POLICY NUMBER: 00070852-8 COMMERCIAL GENERAL LIABILITY
CG20100704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - O WNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDUL E
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
Where required by written contract All operations of the Named Insured. or written agreement.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ June 11, 2024
Item #11 Page 59 of 198
(

POLICYHOLDER COPY
STATE
COMPlaN SATION

INSURANCE
P.O. BOX 8 192, PLEASANTON, CA 94588
FUND

CERTIFICATE OF WORKERS' COMPENSAT ION INSURANCE
ISSUE DATE: 11 -20-2023

CONTRACTORS STATE LICENSE BOARD

WORKERS COMPENSATION UNIT
PO BOX 26000
SACRAMENTO CA 95826 - 0026
SP
GROUP:

POLICY NUMBER: 9034296-2 023
CERTIFICATE ID: 1'
CERTIFICATE EXPIRES: 11 -2 0- 2024
11 -2 0-2 023/11 -2 0- 2024
LIC PERMIT#: 864339
INCEPTION DATE :11 - 20-2023
DO :SP
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.

This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.

We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.

This certifica te of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, ex clusions, and conditions, of such policy . ~ti~ d-,- di~~~
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.

ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11 -20-2023 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.

EMPLOYER
GILMAN BUILDERS, INC.
21 SANCTUARY
IRVINE CA 92620
SP
(REV.7 ·2 014) PRINTED
[P1F,SG]
01 - 03-2024
SP
June 11, 2024
Item #11 Page 60 of 198
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C(t#AN CVltl)ERf, !NtJ.

California Contractor License #864339 A & B
DGS Certified Small Business Enterprise (SBE) #1790143
01/05/2024
Re: Insurance Requirement for Carlsbad EOC Reconfigurati on Project To Whom It May Concern,
If awarded this project, we will provide and pay for any and /or all insurance that is required for this project as stipulated in the General Conditions and Bid Form.

Respectfully,
Ali Niksefat
Gilman Builders, Inc.
21 Sanctuary
Irvine, CA 92620
Phone: (949) 648-0444
www.gilmanbuilde rs.com
GROUND-UP BUILDINGS I Design-Build I TENANT IMPROVEMENTS June 11, 2024
Item #11 Page 61 of 198
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notaIy public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
}
County of ora \'\_§e_.,
On o t I os;-f 2-D7-4- before me, G, 1nvt Avh , f\.\ oi-a ~ f nk-lti:C, Date .lL.t \ re,, -"' h H_ere /~sert ~~ and Title of the O'ficer personally appeared / l \ ~ Ttil tl t:: \ DJ_\ 8:e=&r
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s). acted, executed the instrument.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or T~~fi~=~~~ ~ r-evnem- -fur- Uttlsbttd 'et)L,
Document Date: 0 ~ 7/oef/~ 4 Number of Pages: O ne,_.

Signer(s) Other Than Named Above: ---=================::::::::::::=.. __ Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _:::::== =========-- Signer's Name: ---========= =-- □ Corporate Officer - Title(s): ______ _ □ Corporate Officer - Title(s): - ===== :::::::.. __ □ Partner - □ Limited □ General □ Partner - D Limited D General □ Individual □ Attorney in Fact □ Individual o Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee o Guardian or Conservator □ Other: D Other: ______________ _
Signer is Representing: ________ _ Signer is Representing: - -======::::::::=:::::c__ __ _ l$!W*'1l·llil.l{H{~M.il!J,.,'llii:Mt~rnooi8<@ll~illl~!IDWM~~~OO'lJmill®ll~ffiOOill(i,4!J ❖!t~(fMlill~J®IJ!ffiH~!Ml'Jt:~~g,,1Ji@l!1~i
©2019 National Notary Association
M1304-09 (11/20)
June 11, 2024
Item #11 Page 62 of 198
( 00 45 30 STATEMENT REGARDING DEBARMENT
NAME OF PROJECT: Carlsbad EOC Reconfiguration Project
NAME OF BIDDER: _G_il_rn_a_n_B_u_il_d_e_rs_, _In_c_. __________ _

1. Have you or any of your Subcontractors ever been debarre d as an irresponsible Bidder by another public agency in the State of California?
□ YES
CX NO

2. If yes, what was/were the name(s) of the public agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than 2 debarments.
party debarred party debarred
public agency public agency
period of debarment period of debarment
~ BY CONTRACTOR: '
~ NoA.c.:,,-cL
By: __________ --"----
(sign here)
Alireza Niksefat
(print name/title)
Page _ 1_ of _ I_ pages of this Statement Regarding Debarment form

END OF SECTION
00 45 30 STATEMENT REGARDING DEBARMENT
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June 11, 2024
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00 45 35 DISCLOSURE OF DISCIPLINE RECORD
NAM E OF PROJECT: Carlsbad EOC Reconfiguration Project
NAM E OF BIDDER: __ G_il_m_a_n_B_u_il_de_1_·s_, I_n_c_. __________ _ Contra ctors 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 wit hin 4 years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

1. Have you ever had your contractor 's license suspended or revoked by the California Contractors' State license Board 2 or more times within an 8-year period? □ 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
[X 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
14600 45 35 DISCLOSURE OF DISCIPLINE RECORD
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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 violat ion that the disciplinary action pertains to, the nature of t he violation and the condition (if any) upon which the disciplinary action was stayed.
::.C_O_N_T_~_AC_T_O_~_: _f\..J._ ,.,_•e:_;)_,# _. _ ._ \ _ _ _ _ (sign here)
Alireza Niksefat, President
(print name and title)

END OF SECTION
14600 45 35 DISCLOSURE OF DISCIPLINE RECORD
Document Version: 1.0

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Current Update : Oct ober 2022
June 11, 2024
Item #11 Page 65 of 198
( 00 52 00 CONTRACT
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This Project No. 4715 ("Contract") is made and entered into this _____ day of _____________ _, 2024, by and between the City of Carlsbad ("Agency") and Gilman Builders, Inc., a California corporation ("Contractor"), whose principal place of business is 21 Sanctuary, Irvine, CA 92620.

The parties agree:

1. SCOPE OF WORK.

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

NAME OF PROJECT: Carlsbad EOC Reconfiguration Project
The Contractor and its surety shall be liable to the Agency for any damages arising as a result of the Contractor's failure to comply with the obligation described in this Section 1.

2. TIME OF COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Agency's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 150 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 ahd costs, the sum of TWO MILLION SIX HUNDRED SIXTEY ONE THOUSAND Dollars ($2,661,000.00). Payment shall be made as set forth in the General Conditions.

The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The Agency shall withhold retention as required by Public Contract Code Section 9203.

4. LIQUIDATED DAMAGES.

In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay the Agency the sum set forth in Section 00 73 00 Supplemental General Provisions for each and every Calendar Day of delay beyond the time of completion prescribed in this Contract as Liquidated Damages and not as a penalty or forfeiture. If this sum is not paid, the Contractor agrees the Agency may deduct that amount from any money due or that may become due the 00 52 OD CONTRACT
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June 11, 2024
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Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents.

5. CONTRACT DOCUMENTS.

The "Contract Documents" include the following:
• 00 1110 Notice Inviting Bids
• 00 2110 Instructions to Bidders
• 00 41 00 Bid Form
• 00 42 10 Bid Bond or 00 43 20 Bid Security
• 00 43 30 Proposed Subcontractors
• 00 43 40 Bidder Information and Experience
• 00 45 10 Non-Collusion Affidavit
• 00 45 15 Iran Contracting Act Certification
• 00 45 20 Public Works Contractor Registration Certification • 00 45 30 Statement of Regarding Debarment
• 00 45 35 Disclosure of Discipline Record
• 00 52 10 Contract
• 00 6110 Labor and Materials Bond
• 00 61 20 Faithful Performance and Warranty Bond
• 00 6130 Optional Escrow Agreement (if applicable)
• 00 73 00 Supplemental General Provisions
• Technical Specifications for the Project
• All Addenda
• Plans and Drawings
• Permits
• 00 74 00 Supplemental Technical Provisions
• "Standard Specifications and Drawings," as last revised • Standard Specifications for Public Works Construction "Greenbook," latest edition and including all errata
o Part 1 General Provisions
o Part 2 to Part 8 (Construction Materials, Construction Methods, Existing Improvements, Pipeline System Rehabilitation, Temporary Traffic Control, Street Lighting and Traffic Signal Systems, Landscaping and Irrigation) • Standard Plans for Public Works Construction, latest edition and including all errata • Applicable Local Agency Standards and Specifications, as last revised • Approved and fully executed change orders
00 52 00 CONTRACT
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June 11, 2024
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• Any other documents contained in or incorporated by reference into the Contract Documents
The Contractor shall complete the Work in strict accordance with the Contract Documents. The requirements of the various sections or documents comprising the Contract Documents are intended to be complementary. Work required by 1 of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the Labor Code and Public Contract Code which are applicable to the Work.

7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the 00 73 00 Agency Supplemental General 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.

Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
00 52 00 CONTRACT
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June 11, 2024
Item #11 Page 68 of 198
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NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL)

CONTRACTOR
By:
(sign here)
~ \, -c--e~- N :i,e.sc ~"'" 1 _. ('("\€' 5,~./-- f
(print name/title)
By:
(sign here)
(print name/title)
City of Carlsbad
By:

Keith Blackburn, Mayor
ATTEST:
for Sherry Freisinger, City Clerk
If required by the Agency, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, the Contract must be signed by 1 corporate officer from each of the following 2 groups.

Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.

APPROVED AS TO FORM:

CINDIE I<. McMAHON, City Attorney
BY: __________ _
Assistant City Attorney

END OF SECTION
00 52 00 CONTRACT
Document Version: 1.0

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Date Printed: April 17, 2024
Current Update: October 2022
June 11, 2024
Item #11 Page 69 of 198
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CALI FORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
008:08J~:880:80808QIJ0(J8 19 [l8f.18000 :oooooococo:o:o 880:0 00 0:0 ! I Ci ! B O 0:[l: I 0:( :111 I I C! E i •• m I 1:0 0: ):CllOOO@ II I Im ! B Cl II e:o A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Name(s) of Signer(s)
who prov ed to me on the basis of satisfactory eviden ce to be the person(s) whose name(s) is/are subscribed to the within instrum ent and acknowle dged to me that he/she/they executed the same in his/her/th eir autho rized capacity(ies), and that by his/her/their signatur e(s) on the instrument the person(s), or the entity upon behalf of whi ch the person(s) acted, executed the instrument. e;, •ill'~
·••e••··l r'
~NAAUH '
Notary Public •• i iifornia !J'. Orange.County S:: :
, . . • .. ~-:.' Commission:/ 2400717 • .;
" •. -:- ; .,.y Comm. Expires May 6, 2026 . .
- ,.;, ';",-·-=---- I
~ ... ~.... _,-· , .. ~ .. .. ~;-~-$; . ;
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document ,,
Title or Type of Document: -1-<d-' '-'-\. L..!<.,-1----"-'- --'s:~ --'-- -=-<--=--=>- -:c:,f-vo----s-+~-c +_:__ _ . ""--r-""-o--'--. _4_7--,--l-=-S"__,~h Document Date : _ ....,,_L...1.""-,f----''-----Ll-- -=--1...L-~--= --'-------- ' _Number of Pages: tlU \ Signer(s) Other Than Named Above : -~==================== ~-- Capacity(ies) Claimed by Signer(s)
Signer 's Name: Signer's Name:
□ Corporate Officer - Title(s): _ _ ____ _ □ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other :

Signer is Represent ing:__::========== - Signer is Representing : ....:::::========~-- ©2019 National Notary Association
M1304-09 (11/20)
June 11, 2024
Item #11 Page 70 of 198
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Bond No. WCN74 58374
00 6110 LABOR AND MATERIALS BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:

WHEREAS, the City of Carlsbad ( "Agency") has awarded to Gilman Builders, Inc., a California corporation ("Principal,") a Contract for the Work described as follows: Contract No PWS24- 2272FAC, Project No. 4715, Carlsbad EOC Reconfiguration Project (the "Project") in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and
WHEREAS, 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 over to the Employment Development Department under Unemployment Insurance Code Section 13020 or to the Franchise Tax Board under Revenue and Taxation Code Section 18663 from the wages of employees of Principal and its Subcontractors with respect to the Work or labor, the Surety on this bond will pay for the same to the extent set forth below.

NOW THEREFORE, we, Principal and Old Republic Surety Company , as Surety, are held and firmly bound unto the Agency in the penal sum of TWO MILLION SIX HUNDRED SIXTEY ONE THOUSAND Dollars ($2,661,000.00), for the payment of which sum being an amount equal to 100% of the total amount payable under the terms of the Contract by the Agency, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present s.

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 case suit is brought upon this bond, all litigation expenses incurred by the Agency in the suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses to be fixed by the court consistent with Civil Code Section 9554. 00 6110 LABOR AND MATERIALS BOND
Docum ent Version: 1.0

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June 11, 2024
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This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The Surety stipulates and agrees that this bond shall not be exonerated or released from the obligation of this bond by:

1. Any change, extension of time for performance, addition, alteration or modification in, to, or of any Contract, Plans, Specifications, or agreement pertaining or relating to any scheme or Work of improvement described above, or the furnishing of labor, materials, or equipment pertaining or relating to any scheme or Work of improvement described above.

2. Any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or Work of improvement described above.

3. Any rescission or attempted rescission or attempted rescission of the Contract, agreement or bond.

4. Any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Contract or agreement or under the bond.

5. Any fraud practiced by any person other than the claimant seeking to recover on the bond .

The Surety also stipulates and agrees that this bond shall be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit this bond has been given by reason of any breach of contract between the Agency and Principal or on the part of any obligee named in this bond. Finally, the Surety waives notice of any such change, extension of time, addition, alteration or modification mentioned in this bond, including but not limited to the provisions of Civil Code Sections 2819 and 2845.

If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond.

This payment surety bond may be approved as to form by the Agency in counterpart, and the counterparts shall all constitute a single, original instrument . [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
00 6110 LABOR AND MATERIALS BOND
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June 11, 2024
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/·a ft<
Executed by PRINCIPAL this __ ·, __
day of ____ fr~p_r-_r'f ___ , 20 z,4 .

PRINCIPAL:
{; :1-- S v,lders ,lv--c·.
(name of Contractor)
By: ____ ~ __ "----_ ._\'-_L_u_c_,.,_ ,L ___ ~_
(sign here)
~ \ w·ez A, Nt1-~s·e ~ .;. t
(print name here)
f're;~ 1
(title and organization of signatory)
Executed by SURETY this __ 1_7_th __ day
of ____ A_._pr_il _____ , 20 _IL.

SURETY:

Old Republic Surety Company
(name of Surety)
14728 Pipeline Avenue, Suite E, Chino Hills, CA 91709
(address of Surety)
909-367-2015
(telephone number of Surety)
(signature of Attorney -in-Fact)
Andrew Sysyn, 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: __________ _
Assistant City Attorney

END OF SECTION
00 6110 LABOR AND MATERIALS BOND
Document Version: 1.0
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Date Printed: April 17, 2024
Current Update: October 2022
June 11, 2024
Item #11 Page 73 of 198
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CALIFORNIA ALL-PURP OSE ACKNO WL EDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Q Y-c:;rhgj: ) ,
On Cld/( Cf ('2-0"vl--\' before me, _0_(~ __ A,,_,\_h_,_, ~'N_o~j"g___,r'f~·p-+-v_·b_&i_( _(.. _ Date A . , (\ I' Here lns~rt N~me and Title of the Officer personally app eared - ~- l~l _1-C_,,7.d\~_,.__~I \J_( -+-t;_&_e_--fzx+--=--t~---- ----- Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidenc e to be the person(s) whose name(s) is/are subscribed to th e with in instrument and acknow ledged to me that he/she/they executed the same in his/her/their auth orized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . ~.ht<.-,,,.,. . :,i.ese e f
GINAJl.l1H
~ Notary P~biic • Locifornia z
i Orange C "~r_, ~
j rommissi,,n ;' l·\0 0717 I
:,~~~mr.~~;:=: d:6:..:0:!
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and officia l seal.
---------------- OPTIONAL _______________ _
Though this section is optiona l, comp leting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Descr iption of Attached D9cur;ne~t .. J I ;1 .,.,1 m , I i1.-.. ,J r~c..~ l 1 , I Title or Typ e of Doc ~;nent: l..4\IP'GY "V'(,\ "IVIT(1Vli\ S 17\/W] L)~cument Date: DU- ll'.i '1,-0lA-r Number of Pages: \V\~ Signer(s) Other Than Named Above: ____ ________ _ Capacity (ies) Claimed by Signer (s)
Signer's Nam e: _______ ____ _ _
D Corporate Officer - Title(s): - --=----....

D Partner - D Limit ed D Genera l
D Individual D Attorney in Fact
D Trustee D Guard ian or Conservator
D Other: ________ _____ _
Signer Is Representing :--- --~==---
Signer 's Name : ____ ______ __ _
D Corporate Officer - Title(s): ___:,,====-. -
□ Partner - D Limited D General
D Individual
D Trustee
D Other :
□ Attorney in Fact
□ Guardian or Con servator
=----:-;---.;::;;=========--Signer Is Representing: _________ _ X;,'§<,'<X,~'£%;, '=~'9C-~'<;,;<;.XX;,= '<;-;<;'g;,'<R,'g;.'Q(,'g(,~'<X,'g;-g,'<J{;,'<;:(;,~~~'g;,~~~~'§:<;,'g,'< ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 June 11, 2024
Item #11 Page 74 of 198
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On __ A_P_R __ 7_ 2_0_2_4 __ before me, __ rv_ta_r_ia_S_,_'y_sv-n~,_N_c_1t_a1__,_·y_P_u_b_li_c ________ _ Date Here Insert Name and Title of the Officer
personally appeared _,_i\_n_d_r_e,_v_S~' )~1s~y_n _______________________ _ Name(s) of Signer(s}
who proved to me on the basis of satisfactory evidence to be the person(s) who se name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exec uted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. ········ ~ MARIA SYSYN
Notary Public • California z
Orange County ll:

Commission :t 2468022 ,., i
y Comm, Expires Nov 7, 20~
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___ ~ __ __..,.~~ ~---;i-c --- ----
- ~ tary Public
---------------- OPTIONAL ----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ________ _______ ______ _______ _ Document Date: ________________ ___ Number of Pages : _____ _ Signer(s) Other Than Named Above : ________________________ _ Capacity(ies) Claimed by Signer(s)
Signer 's Name: _____ _____ _ _ _ Signer's Name: ___________ _ _ □ Corporate Officer - Title(s): ______ _ □ Corporate Offic er - Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: _____________ _ □ Other : _______ ______ _
Signer Is Representing: _ ________ _ Signer Is Representing : _________ _ <'~~~~'g(,~-g:,~~~~Qeg;-g~;g,~'§;(;,'W<,~'%'§<)<];(;,'q;(;,~'g;~g,w;g;g;;g:;<X,"QQ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 June 11, 2024
Item #11 Page 75 of 198
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**** * * ! OLD REPUBLIC SURETY COMPANY
***** POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation. does make. constitute and appoint:

Andrew Sysyn of San Juan Capistrano, CA
its true and lawful Attorney(s)-in-Fact , with full power and authority for and on behalf of the company as surety. to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations In the nature thereof. (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guara nty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows:

ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant lo these presents. are ratified and confirmed.

This appointment is made under and by authority of the board of directors at a special meeting l1eld on February 18. 1982.

This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February ·t8,1982.

RESOLVED that, the president, any vice-president or assistant vice president. in conjunction with the secretaIy or any assistant secrelmy, may appoint attorneys-in-fact or agents with aut11ority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix t11 e seal of the company to bonds, undertakings. recognizances, and suretyship obligations of all kinds: and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.

RESOLVED FURTHER, that any bond, undertaking , recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president. any vice president or assistant vice president. and attested and sealed (if a seal be required) by any secretary or assistant secretary: or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (iF a seal be required) by a duly authorized attorney-in-fact or agent: or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within !he limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons.

RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the company: and suet, signature and seal when so used shall have the same force and effect as though manually affixed.

IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 9th day of October 2020
_ if ~-1..W/~~ t 1l 1_
9 Ass,a,an~ f ~ ~

STATE OF WISCONSIN, COUNTY OF WAUKESHA- SS
/;~;~::'~~~::~>~it.
ti s:1:L.JJ
.-:"
~ .,,,,,<

OLD REPUBLIC SURETY COMPANY
/4/U_
President
On t11is 9th day of October 2020 . personally came before me, Alan Pavlic and Karen J Haffner . to Ine known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY wl10 executed t11e above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are lhe said officers oF the corporation aforesaid, and that the seal affixed to the above instrument is t11e seal of the corporalion , and that said corporate seal and their signatures as such officers were duly affixed and subscribed to th e said instrument by the authority of the board of directors of said corporation. r-Jotary Public
My Commission Expires: September 28, 2022
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistanl secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore. that the Resolutions of the board of directors set fo1ih in the Power of Attorney, are now in force.
~f ;:::~~~::~>:i\
~s SEAL ] ~
• O 1~81 : 'l° ~-
'1,\ .,::-·
'l,,,,,1,1 11~, \\ l' I\\I'•'''~
74 7199
ORSC 22262 (3-061
Signed and sealed at the City of Brookfield. WI this __ 1_?_t_h __ day of ___ A_p_r_il ___ _ --~cwf}I~--
2024
Artisan Bonding & Ins Services LLC
June 11, 2024
Item #11 Page 76 of 198
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Company Profile
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COMPANY PROFILE
Company Information
Old Company Names
Agent For Serv ice
Melissa DeKoven

OLD REPUBLIC SURETY COMPANY
P.O. BOX 1635
MILWAUKEE , WI 53201
Effective Date
2710 Gateway Oaks Drive, Suite 150N
Sacramento CA 95833-3505
Reference I nfo rmation
NAIC # : 1 40444 I
California Company ID # : 3254 -0
I
Date Authorized in California: 12/14/1990
I
License Status: UNLIMITED-NORMAL
I
Company Type: Property & Casualty
I
State of Domicile: WISCONSIN
I
back to top
NAIC Group List
NAIC Group #: 0150 OLD REPUBLIC GRP
Lines Of Busine ss
The company is authorized to transact business within these lines of insurance.

For an explanation of any of these terms, please refer to the glossary. back to top

LIABILITY

MISCELLANEOUS
SURETY
© 2008 California Department of Insurance
June 11, 2024
Item #11 Page 77 of 198
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Bond No . WCN7458374
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:

NOW THEREFORE, we, Principal, and Old Republic Surety Company ,as Surety, are held and firmly bound unto the Agency in the penal sum of TWO MILLION SIX HUNDRED SIXTEY ONE THOUSAND dollars ($2,661,000.00), which is equal to 100% of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

As a condition precedent to the satisfactory completion of the Work unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of 1 year after 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 14600 61 20 FAITHFUL PERFORMANCE AN D WARRANTY BOND
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Current Update: October 2022
June 11, 2024
Item #11 Page 78 of 198
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Agency's rights or the Principal's or Surety's obligations under the Contract, law or equity, including, but not limited to, Code of Civil Procedure Section 337.15.

Whenever Principal shall be, and is declared by the Agency to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Agency's option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents;
ii. Obtain a bid or bids for completing the Project in accordance with all terms and condition s in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder , the Surety and the Agency, and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term "balance of the Contract Price" as used in this paragraph shall mean the total amount payable to Principal by the Agency under the Contract and any modification to the Contract, less any amount previously paid by the Agency to the Principal and any other set offs pursuant to the Contract Documents.

Or
iii. Permit the Agency to complete the Project in any manner consistent with Applicable Law and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term "balance of the Contract Price" as used in this paragraph shall mean the total amount payable to Principal by the Agency under the Contract and any modification to the Contract, less any amount previously paid by the Agency to the Principal and any other set offs pursuant to the Contract Documents .

Surety expressly agrees that the Agency may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize Principal in completing the Project, nor shall Surety accept a bid from Principal for completion of the Project, if the Agency, when declaring the Principal in default, notifies Surety of the Agency's objection to Principal's further participation in the completion of the Project.

The Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed under the Contract Documents shall in any way affect Surety's obligations on this bond, and Surety waive s notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
14600 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
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Current Update : October 2022
June 11, 2024
Item #11 Page 79 of 198
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If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond .

This payment surety bond may be approved as to form by the Agency in counterpart, and the counterparts shall all constitute a single, original instrument. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
14600 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
Docume nt Version : 1.0

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Date Print ed: April 17, 2024
Curr ent Updat e: October 2022
June 11, 2024
Item #11 Page 80 of 198
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-
/
/,J / /-
Executed by PRINCIPAL this __ -, __ day of Executed by SURETY this __ 17_t_h _ _ d ay ____ A~p_,,_-1 ___ , 202 4 .

PRINCIPAL: /? _.,,.~---~ ui ,,-~--· 81/)der"f , £.-c.
(name of Contractor)
~ \UttC;;, r c-
By: _ _____________ _
(sign here)
~ l ,.re2 tt>-
• r.-
f--i II C:: Sr! ('.'.<. \
(print name here) f re5'~ -- I
(title and organization of signatory)
of ____ A~p_r_il ____ , 20 24.

SURETY:

Old Republic Surety Company
(name of Surety)
14728 Pipeline Avenue, Suit e E, Chino Hills, CA 91709
(address of Surety)
909-367-2015
(telephone number of Surety)
By ~~
(signature of Attorney-in -Fact)
Andrew Sysyn, Attorney -in-Fact
(printed name of Attorney -in-Fact)
(attach corporat e 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 corporation s. 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: -------------
::6'ep:rtl:r_C i ty Attorney
~ ~ ~,"'::>~

END OF SECTION
14600 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
Docum ent Version: 1.0

Page 54 ends

Date Printed: April 17, 2024
Current Updat e: October 2022
June 11, 2024
Item #11 Page 81 of 198
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CALIFORNIA ALL- PURPOSE ACKNO WL EDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Californi a
County of () r d.\1 f\ e___ ) _ .L
On O L\-/ I C\ (2--0?!--+ befor e me, b (v"Ci A-uh, N O \ z;(~ ?v~~ Date A fl r /1 /A f\ "-Here Insert Name and Title of the Officer personally appeared - -f--c_ _ _ \ __ -Lr_~ _ __,._ _ __,~--=-~\~~------~~-fp;_._ __ t_.__ _ __________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknow ledged to me that he/she/they executed the same in his/her/their authori zed capacity(ies), and that by his/her/their signature(s) on the instrum ent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ·c, -r.-i.
l.!ri
.1 ~ •oooeeeoeoeo f,)
, ,,. > GINAAIJH :J
: • Notary Public· Ca lifornia I ;~ i ~ ; Orange-County J j , Commission It 2~717 • J
~ i ~ :, •~ .. .;~?=~- ~p1'.e, May 6. 2026 ! l ~
~~'-"' .. ~· • <, J
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
----------------- OPTIONAL- ---------------
Though this sec tion is optional, comp leting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Docurttent
Ti tie or Type of Document: -+--"-"-'-l-'--"-'-\-=-'---l-rn-f-ftrln7"?-n-,riit-;i-w-'rn:.~ Document Date:

Number of Pages: 'ft?:u, V: ave: ____________ _
Capacity (ies) Claimed by Signer (s)
Signer's Name: ---"'--=- ;::::=~~====~~
□ Corporate Officer - Title(s): ______ _
Signer' s Name : ___ _________ _
□ Corporate Officer - Title(s): --======~
□ Partner - D Limit ed □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individu al □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conserva tor □ Other:-;;:;~~~~=~:=::=:::::~~:___
Signer Is Repre senting :---'-'---------
□ Other: r--
Signer Is ;:;R __ e __ p-re:--s---:e---:n-;:ti __ n __ g_: -;::::::::========-- '<,~ :<,,(,'G<XX;,~ "<; :<:,-q,~x;;<;, '0{;'g<;,'§'(;,'<X,"<;;(; '§i<;,~'§J;,'<;K;,'§:<:,~=-=~~=.;:<,~-='<;.';<,~'<;z,~'g;'g(;,~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 June 11, 2024
Item #11 Page 82 of 198
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On __ /A_P_R ___ • _2_0_2_4 __ before me, _ _;_JV=[=a1=·i=a-=S..,_y~sy'-'1-'-'1,'-'N-'--"-o-'-'ta=r..,_y--'P-'t"-'1 b'-'l'-ic'----- - - - - - -- Date Here Insert Name and Title of the Officer
personally appeared __ A_n_d_r_e_w_S~' )'-'s_,_y_n _ _ ____ _ ___ ____ _ ________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. eeeeeeo•,

MARIA SYSYN
Notary Public • California :

Orange County ~
Commission# 246802~,,,, f
y Comm. Explre1 Nov 7,~
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
:~::~:,: my ha~ --~-1.--
Signature of Notary Public
- --------- - ---- -OPTIONAL ----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _ _ __________ _ ____ ____ _ ______ _ Document Date: ___________ ________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ___________ _ ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _ ____ _ ____ _ _ Signer's Name: _ _ ____ _ ____ _ _ □ Corporate Officer - Title(s): _____ _ _ □ Corporate Officer - Title(s): _ _____ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: ____ _________ _ □ Other: ___ _ _ ________ _
Signer Is Representing: ____ _ ____ _ Signer Is Representing: ____ _____ _ &(;.~'Q'<,~'§Z.~'~;;~ :?R?,;;<;.~~'\e<;;~:c-~~1,<,g;g,'0'~J§"~~~:<"¥~~=~'C.<;,~g,s;,:;:;G<:9< ,'C.<,~:~,< ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 June 11, 2024
Item #11 Page 83 of 198
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**** * * ! OLD REPlJBLIC SURETY COMPANY
* * *** POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation. does make, constitute and appoint:

Andrew Sysyn of San Juan Capistrano, CA
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety. to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depos itary bands , mortgage deficiency bands, mortgage guaranty bands , guarantee s of installment paper and note guaranty bonds, self-ins uranc e workers compensat ion bands guaranteeing payment of benefits, asbestos aba tement contract ban cls, waste management bands, hazardous waste remediation bands or black lung bands) , as follows:

ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of tile acts of said Attorneys-in-Fact, pursuant to these presents. are ratified and confirmed.

This appointment is made under and by authority of the board of directors at a special meeting l1eld on February 18, ·1982.

This Power of Attorney is signed and sealed by facsimile under and by lhe authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982.

RESOLVED that, the president, any vice-president or assistant vice president. in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case. for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, under1akings. recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Altorney previously granted to such person.

RESOLVED FURTHER. that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president. any vice president or assistant vice president. and altested and sealed (if a seal be required) by any secretary or assistant secretary: or
(ii) when signed by the president. any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent: or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and will1in tl1e limits of !he aull1ority evidenced by lhe Power of Attorney issued by lhe company lo such person or persons.

RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of t11e company; and such signature and seal when so used sl1all have the same force and effect as though manually affixed.

IN WITNESS WHEREOF , OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 9th day of October 2020
~'! ~ iwl_h, ~ 1_
9 Ass;o, an~f ~ ~

STATE OF WISCONSIN , COUNTY OF WAUKESHA - SS
* .,,,,,,
,.,.,,,,.11''

OLD REPUBLIC SURETY COMPANY
/4U
President
On this 9th day of October 2020 . personally came before me, Aian Pavijc and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are lhe said officers of the corporation aforesaid, and that the seal affixed to the above instrument is 1t1e seal of the corporation, and that said corpora le seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.

My Commission Expires: September 28, 2022
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and l1as not been revoked; and furthermore . that lhe Resolutions of the board of directors set for1h in the Power of Attorney, are now in force.
,,,,\1,\·!· •lir: 1,,;,,
74 7199
ORSC 22262 (3-06)
_.,/''..., __ ,c sun~;/.

J1"'~ ~ooeo•.,, \ \
i :1 ' SEAL J }
•. o roe, "T.··.··:'.
·---:.,, .
: ,,,,.;,: " ~ "\\ \', \\\I''''
Artisan Bonding & Ins Services LLC
Signed anc sealed at Ille City nf Brookfield. Wt lhis __ 1_7_th __ day of ___ A_p_ ri_l __ _ 2024 - 1/ ~ ~,"'11_h I h l_
t:\ Assis .... \\ ~f-~ ~
June 11, 2024
Item #11 Page 84 of 198
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' . . I.. CALIFORNIA .
~ DEPAR~
Company Profile
Company Search
Company Search
Results
Company
Information
Old Company
Names
Agent for Service
Reference
Information
NAIC Group List
Lines of Business
Workers'
Compensation
Complaint and
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Contact Information
Financial Statements
PDF's
Annual Statements
Quarterly
Statements
Company Complaint
Company
Performance &
Comparison Data
Company
Enforcement Action
Composite
Complaints Studies
Additional Info
Find A Company
Representative In
Your Area
View Financial
Disclaimer

COMPANY PROFILE
Company Information
Old Company Names
Agent For Service
Melissa DeKoven

OLD REPUBLIC SURETY COMPANY
P.O. BOX 1635
MILWAUKEE , WI 53201
Effect ive Date
2710 Gateway Oaks Drive, Suite 150N
Sacramento CA 95833 -3 505
Reference Information
NAIC #: 1140444
California Company ID #: 113254-0
Date Authorized in California: j 12/14/1990
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: WISCONSIN
I
back to top
NAIC Group List
NAIC Group #: 0150 OLD REPUBLIC GRP
Lines Of Business
The company is authorized to transact business within these lines of insurance.

For an explanation of any of these terms, please refer to the glossary. back to top

LIABILITY

MISCELLANEOUS
SURETY
© 2008 California Department of Insurance
June 11, 2024
Item #11 Page 85 of 198
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00 61 30 OPTIONAL ESCROW AGREEMENT
NAM E OF PROJECT: Carlsbad EOC Reconfiguration Project
NAM E OF BIDDER: Gz./ /W\,o..v-- gp, ·/J.ev--S; 2~< ·
This Escrow Agreement is made and ente red into by and betwe en t he City o Carlsbad, Carlsbad, California, 92008 ("Agency"), ___________ whose add re s is ______ _ /
______________ ("Contracto r") and ______________ _
___ whose address is _______________ .,,./ ____ ("Escrow Agent").

Agency, Contractor and Escrow Agent agree as follows:

1. Pursuant Public Contract Code Section 22300, Contr,~_pfu r has the option to deposit securities with Escrow Agent as a substitute for retention eapnings required to be withheld by Agency pursuant to the construction cont ract entered in o between Agency and Contractor for t he Carlsbad EOC Reconfiguration Project in the amount of _____ dated ____ _ ("Contract"). Alternatively, on written request of Contractor, Agency shall make payments of the retention earnings directly to Escrow ~ ent. When the Contractor deposits the securities / • as a substitute for Contract earnings, Escrow Agent shall notify Agency within 10 Calendar ; Days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount tht n required to be withheld as retention under the terms of the Contract. Securities shall b,e held in Agency's name and shall designate Contractor as the beneficial owner. /

2. Agency shall make progress p,ayments to Contractor for those funds which otherwise would be withheld from progress/ ~ayments pursuant to the Contract provisions, provided t hat Escrow Agent holds secu1t·ies in the form and amount specified above.

3. When Agency makes payment of retentions earned directly to Escrow Agent, Escrow Agent shall hold them for th / 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 secL,1rities. All terms and conditions of this Escrow Agreement and the rights and responsibiliti ~1s of the parties shall be equally applicable and binding when Agency pays Escrow Agent dµ-~ctly.

4. Contractor shcJII be responsible for paying all fees for the expenses incurred by Escrow Agent in administer ing the Escrow Account and all expenses of Agency. These expenses and payment tel ms shall be determined by Agency, Contractor, and Escrow Agent.

5. The inter t earned on the securities or the money market accounts held in escrow and all interes arned on that interest shall be for the sole account of Contractor and shall be subject to wit drawal by Contractor at any time and from time to time without notice to Agency.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Agency to Escrow Agent that Agency consents to the withdrawal of the amount sought to be withdrawn by Contractor.
00 6130 OPTIONAL ESCROW AGREEMENT
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7. Agency shall have a right to draw upon the securities in the event of default by the Contract .

Upon 7 Calendar Days' written notice to Escrow Agent from Agency of a default, Escrow ent shall immediately convert the securities to cash and shall distribute the cash as instr ted by Agency.

8. Upon receipt of written notification from the .Agency certifying that the Work r Contract is final and complete and that Contractor has complied with all r quirements and procedures applicable to the Contract, Escrow Agent shall release to Con actor all securities and interest on deposit less escrow fees and charges of Escrow Accou . The escrow shall be closed immediately upon disbursement of all moneys and securities deposit and payments of fees and charges.

9. Escrow Agent shall rely on the written notifications from Agenc • and Contractor pursuant to Sections (5) to (8), inclusive, of this Escrow Agreement and A ency and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, co ersion and disbursement of the securities and interest as set forth above.

10. The names of the persons who are authorized to giv 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 fo)J ws:

For Agency
(Finance
Director)
/ Title _________ ....___ ______________ _
Name
I
Signature
I
/
Address /
I
For Contractor Title// pre5 r J,~ ·f
I
I
/ Name
Signature
00 61 30 OPTIONAL ESCROW AGREEMENT
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Address
For Escrow Title
Agent
Name
Signature
Address
I
At the time the Escrow Account is opened, Ag/4 and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Esc 16w Agreement.

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

For Agency Title /
Name
I
Address
00 61 30 OPTIONAL ESCROW AGREEMENT
Document Version : 1.0
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For Contractor Title
For Escrow
Agent
Name
Signature
Add ress
Titl e
Name
Signature
Address
APPROVED AS TO FORM:/
CINDIE I<. McMAHON, City Attorney
I
I
BY: ; I
Deputy/:ity Attorney
END OF s/ r10N
J
00 61 30 OPTI ONAL ESCROW AGREEMENT
Document Version: 1.0

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DISCLOSURE & SUBMITTAL REQUIREMENT
VEHICLE EMISSION DISCLOSURE & COMPLIANCE REQUIREMENT.

PWS24-2272FAC
Addendum No. 4
This Project is subject to the followin g regulation(s) by the Californi a Air Resources Board. In biddin g this Project, it shall be the Bidder's sole responsibility to evaluate and inclu de t he cost of complying with all equipment a nd vehicle e mission requir ements under t his Contrac t and appli cable law in its Bid.

ADVANCED CLEAN FLEETS.

Vehicles with a Gross Vehicle Weight Rating (GVWR) great er th an 8,500 lbs. and light -duty package delivery vehicles operated in California may be subject t o the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requir ements to reduce emissions of air pollutan ts. For more information, please visit t he CARS Advanced Clean Fleets webpage at https://ww 2.arb.ca.gov/our -work/programs/advanced clean-fleets
Bidders utilizin g subcontractors shall provide a signed certificate of reported complian ce for each listed subcontractor in the space provided in the Proposed Subcontractors form. Bidders, and its subcontractors must be registered as compliant fleets at the time of bid submittal. In the event that a bidder, or its subcontractors, are exempt from this regulation, the bidder must submit a signed statement attesting to the fact, and to the reason(s) why it is not subject to the High Priority and Federal Fleets Regulation of Title 13, CCR Section 2015 through 2015.6 and the State and Local Government Fleets Regulation of Title 13, CCR Section 2013 through 2013.4.

Failure to certify as a compliant f leet or provide an attestat ion to an exemption, may render the bid non-responsive.

IN-USE OFF-ROAD DIESEL-FUELED FLEETS.

Any contractor utilizing off highway vehicles or equipment may be subject to compliance with the In-Use Off-Road Diesel-Fueled Fleets Regulation . For more information, please visit the CARS In-Use Off-Road Diesel-Fueled Fleets Regulation webpage at: https://ww2.arb.ca .gov/our work/programs/use -road-diesel-fueled -fleets -regulation Bidders shall submit with its Bid a valid California Air Resources Board certificate of reported compliance. Bidders utilizing subcontractors shall submit the DOORS ID number for each listed subcontractor in the space provided in the Proposed Subcontractors form. Bidders are responsible for including a certificate of reported compliance for each identified subcontractor.

Failure to submit valid certificates may render the bid non-responsive.

GENERAL COMPLIANCE WITH LAWS.

Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, . City Attorney Approved Version 12/14/2023
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PWS24-2272FAC
Addendum No. 4
ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.

Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement.

Contractor is aware of the requirements of the emissions reduction regulations being mandated by the California Air Resources Board {"CARB") and that it will comply with all applicable regulations before commencing the performance of the work and maintain compliance throughout the duration of this Agreement.

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CALIFORNIA AIR RESOURCES BOARD.

PWS24-2272FAC
Addendum No. 4
The California Air Resources Board {"CARB") implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations ("Regulation
11 ) which are effective on January 1, 2024, and apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at:
https://ww2 .arb.ca.gov/sites/defau lt/fi les/barcu/regact/2022/off -roaddiese l/appa -1.pdf . Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors the most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non responsive.

The City of Carlsbad is a Public Works Awarding Body, as that term is defined under Title 13 California Code of Regulations section 2449{c){46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance ("CRC
11 ) for the Bidder's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Bidders must complete and submit the Fleet Compliance Certification, on the form provided. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS.

Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board {"CARB") regulations including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation").

Throughout the Project, and for three {3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, Certificates of Reported Compliance {"CRC 11 ),
fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City of Carlsbad.

Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City of Carlsbad, its officials (appointed and elected), officers, and employees from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

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I ETU N THIS FO M WITH YOUR BID
PWS24-2272FAC
Addendum No. 4
FLEET COMPLIANCE CERTIFICATION.

Bidder hereby acknowledges that they have reviewed the CARB's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
□ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
□ The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Bidder and/or their subcontractor is unable to procure R99 or RlOO renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids).
□ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). ?\ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification.

Signature:

Name:

Title:

Date:

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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 AND DEFINITIONS, ABBREVIATIONS AND INSTITUTIONS 1-1 GENERAL
ADD the following:

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

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

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

4. The word “perform” shall be understood to mean that the Contractor, at its expense, shall “perform all operations and furnish labor, tools and equipment,” and further, “furnish and install materials that are indicated, specified or required” shall be under stood to mean that the Contractor, at its expense, shall “furnish and install the Work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation.”

5. Where words “directed,” “designated,” “selected,” or words of similar import are used, it shall be understood that the direction, designation, or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall June 11, 2024
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be understood to mean “as required to properly complete the Work as required and as approved by the Engineer,” unless stated otherwise.

Where the words “approved,” “approval,” “acceptance,” or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended.
1-2 TERMS AND DEFINITIONS
Where applicable ADD/REPLACE the following:

1. Agency - The City of Carlsbad, the owner of the Project.

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

3. Agency Forces – City of Carlsbad employees who coordinate construction work.

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

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

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

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

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

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

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

11. Bid Administrator – The City’s designated representative for soliciting and conducting bids on the City’s online bidding portal.

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

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

14. Business Day - See Working Day.

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

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

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

18. City Engineer - The term “ City E ngineer” is defined as the Transportation Director, or designee, and is the person authorized to perform the functions of the City Engineer as defined in Government Code Section 66416.5. The City Engineer is the City's "duly authorized officer" for the purposes of Public Contract Code Sections 4107 and 4107.5.

19. City Manager – The appointed official who directs the administration of the City of Carlsbad, and the last appeal level for informal dispute resolution.

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

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

Contractor to review all work progress, monthly payment applications, monthly schedule updates and project documentation (e.g., submittals, RFI’s, etc.) with Construction Manager.

22. Construction Work - The portion of the Work to construct the Project as set forth in the Contract Documents in conformance with 2-1, “WORK TO BE DONE.”

23. Contract – The written agreement between the Agency and the Contractor covering the Work.

24. Contract Documents - Contract Documents include the following: The signed Contract, Addenda, Notice Inviting Bids, funding agency provisions, Bid including documentation accompanying the Bid and any post -Bid documentation submitted prior to the Notice of Award when attached as an exhibit to the Contract, Bonds, Permits, CEQA documents, Standard Specifications (the “ Greenbook”), Agency Supplement, Plans, Standard Plans, Construction Documents, Reference Specifications, and Change Orders. Contract Documents, when applicable, shall also include Site and Coastal development permits, NEPA documents, re -vegetation plans, biological letters or technical reports, habitat mitigation plans, storm water documents, and local, state, and federal resource agency permits.

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

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

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

28. Days – Days shall mean consecutive calendar days unless otherwis e specified in this Contract.

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

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

31. 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.

32. Dispute Board – Persons designated by the City Manager of the City of Carlsbad, to hear and advise the City Manager on claims submitted by the Contractor.

33. Drawings - See Plans.

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

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

36. 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 . 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.

37. Engineering Manager – For this project, this capacity will be served by the Public Works Manager.

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

39. Field Order - A Field Order is a written agreement by the Engineer to compensate the Contractor for work items in accordance with 2 -8, “EXTRA WORK” or 2 -9, “CHANGED CONDITIONS.” A Field Order does not change the 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.

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

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

42. Fleet & Facilities Project Manager – The Project Manager with the Fleet & Facilities Division and the Construction Manager’s immediate supervisor and designated representative for the second level of appeal for informal dispute resolution.

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

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44. Holiday - Holidays observed by the Agency are listed below:

Holiday Observed On
New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth National
Independence Day
June 19
Independence Day July 4
Labor Day 1st Monday in September
Indigenous Peoples’ Day 2nd Monday in October
Veteran’s Day November 11
Thanksgiving Day 4th Thursday/Friday in
November
Christmas Day December 25
If any Holiday listed falls on a Saturday, the Saturday and the preceding Friday are both legal Holidays. If the Holiday falls on a Sunday, both Sunday and the following Monday shall be legal Holidays. Unless specified otherwise in the Contract Documents or authorized by the Engineer, do not work on Holidays.

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

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

47. Night Work - See Working Night.

48. Normal Working Hours - Unless specified otherwise, Normal Working Hours core periods shall be 7:00 AM to 5:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and Agency Holidays are excluded. For Traffic Control Permits, Normal Working Hours are defined as 8:30 AM to 3:30 PM, unless specified otherwise.

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

50. Notice to Proceed (NTP) - A written notice to proceed with the work of the contract as mutually agreed in the Preconstruction Meeting.

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

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

53. Prime Contractor - See Contractor.

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54. Project Inspector – the Engineer’s designated representative for inspection, Contract administration and the first level for informal dispute resolution. For this project, this capacity will be fulfilled by the Construction Manager.

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

56. Public Works Manager – The Public Works Manager of the Fleet & Facilities Division and the Facilities Engineering Project Manager’s immediate supervisor and designated representative for the third level of appeal for informal dispute resolution.

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

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

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

60. Retention - The amount withheld from the money due to the Contractor in accordance with 7-3.2, “PARTIAL AND FINAL PAYMENT.”

61. 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.

62. 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.

63. 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.

64. 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 lega l services that are required in accordance with the Contract Documents. Services are incidental to the Work.

65. 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.

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

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

68. Supplemental Provisions – See Agency Supplemental Provisions.

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

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

71. Work – All labor, materials, equipment, tools, and services and other requirements of the Contract Documents as modified by Change Order, whether completed or partially completed, provided or to be provided by Contractor to fulfill Contractor’s obligations.

The Work may constitute the whole or a part of the Project.

72. Working Day - Any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than:
• Saturday;
• Sunday;
• any day designated as a holiday by the Agency;
• any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association;
• any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1; or
• any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-

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

74. Work Site - See Project Site (Site).
1-3 ABBREVIATIONS
1-3.2 Common Usage.

ADD the following:

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

CFR Code of Federal Regulations
CGP Construction General Permit
CL Centerline
CMS Content Management System Database
CNC Computer Numerical Control
CRI Color Rendering Index
DBE Disadvantaged Business Enterprise
DCE Data Computer Equipment
DG Decomposed Granite
DVBE Disabled Veteran Business Enterprise
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DWT Detectable Warning Tiles
EOW Engineer of Work
FRP Fiberglass Reinforced Plastic
GFE Good Faith Effort
GMT Greenwich Mean Time
GPS Global Positioning System
LCD Liquid Crystal Display
M&M Maintenance and Monitoring
MMC Mitigation and Monitoring Coordination
NC Not Connected, Normally Closed
NEPA National Environmental Policy Act of 1969
NOC Notice of Completion
NPDES National Pollutant Discharge Elimination System
NTP Notice to Proceed
OC On Center
PB Pull Box
PL Property Line
RFP Request for Proposal
RFI Request for Information
SOW Statement of Work, Scope of Work
SOV Schedule of Values
SPDT Single Pole Double Throw
SSD Surge Suppression Devices
UF Underground Feeder
VAC Volts AC
VPC Vitrified Polymer Composite
WBE Women Business Enterprise
1-3.3 INSTITUTIONS.

ADD the following:

ANSI American National Standards Institute
AISC American Institute of Steel Construction
ANSI American National Standards Institute
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association
AWS American Welding Society
NFPA National Fire Protection Association
PCI Prestressed Concrete Institute
SANDAG San Diego Association of Governments
UL Underwriters’ Laboratories Inc.

USGS United States Geological Survey
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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.”

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 Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor.

Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the Subcontract involved, after a public hearing.

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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 7 103.5, the Contractor and the Contractor’s Subcontractors shall conform to the following requirements:
a. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or the Contractor’s Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to 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 li mitation shown June 11, 2024
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in the circular is enough to provide bonds in the amount required by the Contract shall be deemed approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all documents enumerated in Code of Civil Procedure Section 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.

2. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.

3. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 Calendar Days after recordation of the Notice of Completion and will remain in full force and effect for the 1-year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bond to secure payment of laborers and materials suppliers shall be released 6 months plus 30 Calendar 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 the following documents:
a. An original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so.
b. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.

5. If the Bid is accepted, the Agency may require a financial statement of the assets and liabilities of the Surety for the quarter calendar year preceding the date of the execution of the bond.

The financial statement shall be made by an officer’s certificate as defined in Corporations Code Section 173. In the case of a foreign Surety, the financial statement may be verified by the oath of the principal officer or manager residing within the United States.

6. If the Surety on any bond furnished by the Contractor is declared bankrupt, becomes insolvent, or its right to do business is terminated in any state where any part of the Project is located, immediately notify the Engineer; and immediately substitute anot her bond and Surety acceptable to the Agency.

7. The Contractor shall require the Surety to mail its standard “Bond Status” form to the Agency.

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 practi ces. Contractor has its obligation to fulfill all conditions of the Contract.

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2. In accordance with the provisions of California Law, the Contractor shall possess or require the Contractor’s Subcontractor(s) to possess valid appropriate license(s) for the Work being performed as conveyed in the Bidding Documents.

2-2 PERMITS
ADD the following:
2-2 PERMITS, FEES, AND NOTICES

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. The building permit fee has been paid for and only requires Contractor information and pickup.

2. Request inspections in accordance with the building codes in effect on the permitted Plans and by City’s Development Services Department, Building Division. Any Work performed without the benefit of the required permit and subsequent inspection shall be re moved and replaced at the discretion of the City Building Inspector at no additional cost.

2-3 RIGHT-OF-WAY
ADD the following:

1. The Contractor shall coordinate access to private property with the property owners and the timing of accessing private property when the Agency has already obtained rights of entry.

Unless otherwise provided, the Contractor shall coordinate, pay for, and assume all responsibility for acquiring using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. The Contractor shall protect any private and public improvements.
2-4 COOPERATION AND COLLATERAL WORK
ADD the following:

1. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay.

2. If work to be performed by the Agency or its separate Contractors is not shown or specified in the Contract Documents, the Engineer shall notify the Contractor in writing 10 Working Days prior to the start of such work and make available Plans or Specifications for work to be performed by others that may be pertinent to Contractor’s Work. If Contractor determines that the work to be performed by the Agency or its separate Contractors may interfere with or cause damage or delays to Contractor’s Work, notify the Engineer in writing within 3 June 11, 2024
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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. While the Contractor may use building electrical power for the operation of small tools, t he Contractor shall furnish, install, maintain, and remove all temporary utility extension services, such as light, power, electrical, gas, and water, at its own expense for construction and maintenance activities until acceptance of Work. These utility extension services, include piping, wiring, lamps, and other equipment necessary for the Work.

2. 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.

ADD 2-6.1 Cost Reduction Proposal.

1. The Contractor may submit to the Engineer in writing, proposals for modifying the Plans, Specifications, or other requirements of the Contract for the sole purpose of reducing the total cost of construction.

2. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the Project such as service life, economy of operation, ease of maintenance, quality, desired appearance, or design and safety standards.

3. The following information must be included in the cost reduction proposal:
a. A description of both the existing Contract requirements for performing the Work and the proposed changes.
b. An itemization of the Contract requirements that shall be changed if the proposal is adopted.

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c. A detailed estimate of the cost of performing the Work under the existing Contract and under the proposed change.
d. A statement of the time within which the Engineer shall act on the cost reduction proposal.
e. The Contract items of Work affected by the proposed changes, including any quantity variation attributable thereto.

4. This subsection does not require the Engineer to consider any cost reduction proposal. The Agency shall not be liable to the Contractor for not approving or acting upon any cost reduction proposal the Contractor submitted nor for any delays to the Work att ributable to the cost reduction proposal.

5. If a cost reduction proposal is similar to the information included in the Contract Documents or adopted by the Agency after the advertisement and prior to Award of the Contract, the Engineer will not accept such proposal and reserves the right to make such changes without compensation to the Contractor under the provisions of this subsection.

6. The Contractor shall continue to perform the Work in accordance with the requirements of the Contract until a Change Order incorporating the cost reduction proposal has been issued.

7. The Engineer is the sole judge of the acceptability of a cost reduction proposal and the estimated net savings. In determining the estimated net savings, the Agency has the right to disregard the Contract Bid prices if, in the judgment of the Engineer, suc h prices do not represent a fair measure of the value of the Work to be performed or to be deleted.

8. The Agency reserves the right to require the Contractor to share in the Agency’s costs of investigating the Contractor’s cost reduction proposal. When this is required, the Contractor shall indicate the Contractor’s acceptance in writing allowing the Agency to deduct amounts payable to the Contractor.

9. If the Engineer accepts the Contractor’s cost reduction proposal in whole or in part, the Engineer shall issue a Change Order to incorporate the changes in the Plans and Specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect. If the Engineer’s approval is conditional, the Change Order shall include any conditions upon which the Engineer’s approval is based.

10. The Change Order also includes the estimated net savings in the cost of performing the Work due to the accepted cost reduction proposal and provides that the Contract cost be adjusted by crediting the Agency with 50% of estimated net savings amount.

11. The Contract Time shall not be extended by the acceptance of the cost reduction proposal and the performance of the Work unless specified otherwise in the Change Order.

12. The amount specified as payable to the Contractor in the Change Order is full compensation for the cost reduction proposal and the performance of the Work.

13. The Agency expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Agency when it determines that the proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal shall be eligible for compensation subject to this subsection, and in that case, only for contracts awarded prior to submission of the accepted cost reduction proposal.

14. The cost reduction proposals identical or similar to previously submitted proposals shall be eligible for consideration and compensation under the provisions of this subsection if the June 11, 2024
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identical or similar previously submitted proposals were not adopted for general application to other contracts administered by the Agency.

15. Subject to the provisions contained in the Contract, the Agency or any other public agency shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor.

16. The Contractor shall bear all costs to revise bonds for the Project to include the cost reduction incentive proposal work.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 General.

ADD the following:

1. The Agency may change the Plans, Specifications, character of the Work, or quantity of Work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written supplemental agreement between the Contractor and Agency, unless both parties agree to proceed with the change, by Change Order.

2. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in Contract Time of completion, and when negotiated prices are involved, and shall provide for the Contractor’s signature indicating acceptance.

3. Unless expressly set forth in writing in a Change Order signed by the Agency and the Contractor, changes initiated by the Agency shall not be construed as the Agency directing the Contractor’s mean-and-methods in the execution of the Work.

2-7.2 Payment-Contract Unit Prices. Not Used
2-7.3 Payment – Increases of More than 50 Percent. Not Used 2-7.4 Payment – Decreases of More than 50 Percent. Not Used 2-7.5 Stipulated Unit Prices. Not Used
2-7.6 Agreed Prices.

Agreed Prices are prices for new or unforeseen Work, or adjustments in Contract Unit Prices per Section 2 -7.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance with Section 2 -8, except as otherwise specified in Sections 2 -

7.3 and 2-7.4.
2-7.7 Schedule of Values.

Before construction, Contractor shall provide a schedule of values for all lump -sum Bid items in Schedule A of Section 00 41 00 BID FORM above. The Schedule A will be used for the purpose of monthly progress payments and the schedule of values will be used for the purpose of describing the categories of work included in each line item . The line item totals in the schedule of values shall be equal to the line item lump sum values for each bid item shown in Schedule A.

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2-7.8 Eliminated Items.

Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material confor ming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned, and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used in this Agency Supplement, shall be computed on the basis of Extra Work per Section 2-8. 2-8 EXTRA WORK
ADD the following:

1. New or unforeseen Work will be classified as “Extra Work” when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices.

2. Any request by the Contractor for Extra Work shall be in writing to the Engineer and shall include itemized estimates and in accordance with Section 7 -4. The Contractor shall fully itemize the Extra Work cost estimates such as labor and payroll costs, quan tities, crew composition, production rates, material costs, Subcontractor and Supplier costs, equipment costs, supplemental costs, and time impact.
2-9 CHANGED CONDITIONS
ADD the following:

The Contractor shall promptly notify the Engineer of the following Work Site conditions (“Changed Conditions”), in writing, upon their discovery and before they are disturbed:

1. Subsurface or latent physical conditions differing materially from those represented in the Contract;

2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and

3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

The Engineer will promptly investigate conditions which appear to be Changed Conditions. If the Engineer determines that conditions are Changed Conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to Section 6-4.2.

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If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees.

The Contractor’s failure to give notice of Changed Conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection with them.

1. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a Change Order, or for the occurrence of any event or other cause, unless the Contract or shall have first given the Engineer written notice of potential claim as specified in this Section 2-9. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6 -4.2(4) Extensions of Time, nor to any claim th at is based on differences in measurement or errors of computation as to Contract quantities.

2. The Contractor shall provide the Agency with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and the nature of any and all costs involved within 20 Working Days of the date of service of the written notice of potential claim for Changed Conditions. Verbal notifications will not be accepted.

3. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12656.

“The undersigned certifies that the above statements are made in full awareness of the California False Claims Act, Government Code Sections 12650 -12656. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the Agency’s proposed final estimate for it to be further considered.”

By: Title:

Date:

Company Name:

4. The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit proof of its actual costs to the Engineer within 20 Working Days after the affected Work is completed. Failure to do so shall be cause to deny any l ater-filed claim regarding a potential claim described in this Section 2-9.

5. The intent of this Section 2 -9 is to have differences between the parties arising under the Contract brought to the attention of the Engineer at the earliest possible time so that such matters can be settled, if possible, or other appropriate action promptly taken. 2-10 DISPUTED WORK
ADD 2-10.1 Claims.

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1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price, Contract Time, or other relief associated with a dispute arising under or relating to the Contract, including a breach of any Contract provision. A voucher, invoi ce, or other routine request for payment is not a Claim.

2. A Claim shall conform to these specifications and may be considered after the Agency has previously denied a request by the Contractor for a Change Order seeking the demanded relief.

3. The Contractor shall submit a Claim to the Engineer if a dispute occurs that arises from or relates to the Contract. The Claim shall seek all relief to which the Contractor asserts the Contractor is entitled as a result of the event(s) giving rise to the d ispute. The Contractor’s failure to process a Claim in accordance with these specifications shall constitute a waiver of all relief associated with the dispute. Claims are subject to 6-10, “Right to Audit.”

4. The Contractor shall continue to perform the Services and Work and shall maintain the Schedule during any dispute proceedings. The Engineer will continue to make payments for undisputed Services and Work.

5. The Agency’s Claims process specified in the Agency Supplement shall not relieve the Contractor of the Contractor’s statutory obligations to present Claims prior to any action under the Government Code.

6. Except for those final payment items disputed in the written statement required in Section 7-3.2, all Claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 7-3.2 shall be submitted no later than 30 Calendar Days after receipt of the Final Payment estimate. No Claim will be considered that was not included in this written statement, nor will any Claim be allowed for which written notice or protest is required under any provision of this Contract , including Sections 2 -9 Changed Conditions, 2 -10 Disputed Work, 4 -1(22) Protection, 6 -4.4 Written Notice and Report, or 6 -4.2(4) Extensions of Time, unless the Contractor has complied with notice or protest requirements.

7. The Engineer will consider Contractor’s filed Claims, which must be detailed enough so the Engineer can determine the basis and amount of the Claims. Contractor shall provide the Engineer additional information to determine the facts or contentions involved in a Claim if requested by the Engineer. If additional information is needed, Contractor must provide Engineer with this information within a reasonable time of being asked for additional information. Failure to submit such information and details will b e sufficient cause for denying the Claims.

8. Payment for Claims shall be processed in the payment application following the resolution of those Claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 2-10, Disputed Work, for those Claims remaining in dispute. 2-10.1.1 Initiation of Claim.

1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price, Contract Time, or other relief associated with a dispute arising under or relating to the Contract, including a breach of any provision of the Contract. A voucher, invoice, payment application or other routine request for payment is not a Claim. A Claim shall conform to June 11, 2024
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these specifications and may be considered after the City has previously denied a request from the Contractor for a Change Order seeking the demanded relief. The Contractor shall, consistent with 2 -10.1.2, give the Agency written notice of Claim prior to c ommencing any Disputed Work. Failure to give the notice shall constitute a waiver of all Claims in connection with the Disputed Work. If the Contractor and the Agency are unable to reach agreement on Disputed Work, the Agency may direct the Contractor to proceed with the Work and such direction shall not be construed as the Agency directing the Contractor’s mean-and-methods in the execution of the Work. After the Agency has rejected a Change Order request and prior to proceeding with dispute resolution pursuant to the Public Contract Code, applicable provisions of which are specified below, the Contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command:

For claims with a monetary value of $50,000 or less:
i. Construction Manager
ii. Fleet and Facilities Project Manager
iii. Public Works Manager
For claims with a monetary value greater than $50,000:
iv. Construction Manager
v. Fleet and Facilities Project Manager
vi. Public Works Manager
vii. Engineer
viii. City Manager or Executive Manager

2. Consistent with Section 2 -10.1.2, the Contractor shall submit a complete report within 20 Working Days after completion of the Disputed Work stating its position on the Claim, the contractual basis for the Claim, along with all documentation supporting the costs, Contract Time, and all other evidentiary materials. At each level of Claim or appeal of Claim the Agency will, within 10 Working Days of receipt of the Claim or appeal of Claim, review the Contractor’s report and respond with a position, request a dditional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the Agency will provide its position within 10 Working Days of receipt of the additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the Public Works Manager for claims less than $50,000 and/or up to the City Manager for the City of Carlsbad for claims greater than $50,000 after which the Contractor may proce ed under the provisions of the Public Contract Code. The Agency’s failure to state a position or otherwise respond to a Claim within the timeframes set forth above shall be deemed a rejection of the Claim by the Agency.

3. The authority within the dispute resolution chain of command is limited to recommending a resolution to a Claim to the City Manager for the City of Carlsbad. Actual approval of the Claim is subject to the Change Order provisions in the Contract.

4. Any remaining Claims not resolved by the informal dispute resolution process described above shall be resolved in accordance with Public Contract Code Section 9204, the relevant portion of which is included below:
(d)(1)(A) Upon receipt of a Claim pursuant to this section, the public entity to which the Claim applies shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the June 11, 2024
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Claimant a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, a public entity and a Contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The Claimant shall furnish reasonable documentation to support the Claim.

(C) If the public entity needs approval from its governing body to provide the Claimant a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide the Claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2)(A) If the Claimant disputes the public entity's written response, or if the public entity fails to respond to a Claim issued pursuant to this section within the time prescribed, the Claimant may demand in writing an informal conference to meet and conf er for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the public entity shall provide the Claimant a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the Claimant sharing the associated costs equally. The public entity and Claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing. If the June 11, 2024
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parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its r espective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotia tion or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(D) Unless otherwise agreed to by the public entity and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties' dispute.

(3) Failure by the public entity to respond to a Claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the public entity's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a Claim against a public entity because privity of Contract does not exist, the Contractor may present to the public entity a Claim on behalf of a Subcontractor or lower ti er Subcontractor. A Subcontractor may request in writing, either on their own behalf or on behalf of a lower tier Subcontractor, that the Contractor present a Claim for work which was performed by the Subcontractor or by a June 11, 2024
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lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the Claim.

Within 45 days of receipt of this written request, the Contr actor shall notify the Subcontractor in writing as to whether the Contractor presented the Claim to the public entity and, if the original Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not having done so.

(e) The text of this section or a summary of it shall be set forth in the Plans or Specifications for any Public Works Project that may give rise to a Claim under this section.

(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable Change Order, Claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

(g) This section applies to contracts entered into on or after January 1, 2017.

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2027, unless a later enacted statute that is enacted before January 1, 2027, deletes, or extends that date.

In addition, all Claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code Section 20104 et seq., applicable provisions of which are included below:

20104.2 For any Claim subject to this article, the following requirements apply:

(a) The Claim shall be in writing and include the documents necessary to substantiate the Claim. Claims must be filed on or before the date June 11, 2024
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of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of Claims.

(b)(1) For Claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written Claim within 45 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional docum entation supporting the Claim or relating to defenses to the Claim the local agency may have against the Claimant.

(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the Claimant.

(3) The local agency's written response to the Claim, as further documented, shall be submitted to the Claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Claimant in producing the additional information, whichever is greater.

(c)(1) For Claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy -five thousand dollars ($375,000), the local agency shall respond in writing to all written Claims within 60 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim the local agency may have against the Claimant.

(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the Claimant.

(3) The local agency's written response to the Claim, as further documented, shall be submitted to the Claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Claimant in producing th e additional information or requested documentation, whichever is greater.

(d) If the Claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the Claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or w ithin 15 days of the local agency's failure to respond within the time prescribed, respectively, June 11, 2024
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and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(e) Following the meet and confer conference, if the Claim or any portion remains in dispute, the Claimant may file a Claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Claimant submits his or her written Claim pursuant to subdivision (a) until the time that Claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.

(f) This article does not apply to tort Claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort Claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division

3.6 of Title 1 of the Government Code.

20104.4 The following procedures are established for all civil actions filed to resolve Claims subject to this article:

(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.

(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Ci vil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

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(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid nece ssary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no eve nt shall these fees or expenses be paid by state or county funds.

(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in additi on to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

(b) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

20104.6 Payment on undisputed portion of Claim; interest on arbitration awards or judgments:

(a) No local agency shall fail to pay money as to any portion of a Claim which is undisputed except as otherwise provided in the Contract.

(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

5. Although not to be construed as proceeding under Extra Work provisions, the Contractor shall keep and furnish records of disputed Work in accordance with Section 2-10. 2-10.1.2 Claim Certification Submittal.

1. If the Contractor’s Claim seeks an increase in the Contract Price, the Contract Time, or both, submit with the Claim an affidavit certifying the following:
a. The Claim is made in good faith and covers all costs and delays to which the Contractor is entitled as a result of the event(s) giving rise to the Claim. b. The amount Claimed accurately reflects the adjustments in the Contract Price, the Contract Time, or both to which the Contractor believes the Contractor is entitled.

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c. All supporting costs and pricing data are current, accurate, and complete to the best of the Contractor’s knowledge. The Contractor shall supply a cost breakdown per item of Work.
d. The Contractor shall ensure that the affidavit is executed by an official who has the authority to legally bind the Contractor.
2-10.1.3 Agency’s Final Determination.

1. If the Contractor disagrees with the City Manager final determination, as described in 2 -

10.1.1(1-2), Contractor must notify the Engineer in writing of the Contractor’s objection within 15 Working Days after receipt of the written determination and file a “Request for Mediation” in accordance with 2-10.2, “Dispute Resolution Process.”

2. Failure to give notice of objection within the 15 Working Days period shall waive the Contractor’s right to pursue the Claim.
2-10.1.6 Mandatory Assistance.

1. If a third-party dispute, litigation, or both, arises out of or relates in any way to the Services provided under the Contract, upon the Agency’s request, the Contractor shall assist in resolving the dispute or litigation. The Contractor’s assistance inclu des, but is not limited to the following:
a. Providing requested documents in a timely manner.
b. Providing professional consultations.
c. Attending mediations, arbitrations, depositions, trials, or any event related to the dispute resolution and litigation.
2-10.1.6.1 Compensation for Mandatory Assistance.

1. The Agency will reimburse the Contractor for reasonable fees and expenses incurred by the Contractor for any required assistance rendered in accordance with 2 -10.1.6, “Mandatory Assistance” as Extra Work.

2. The Engineer will determine whether these fees and expenses were necessary due to the Contractor’s conduct or failure to act.

3. If the Engineer determines that the basis of the dispute or litigation in which these fees and expenses were incurred were the result of the Contractor’s conduct or the Contractor’s failure to act in part or in whole, the Contractor shall reimburse the Agency for any payments made for these fees and expenses.

Reimbursement may be through any legal means necessary, including the Agency’s withholding of the Contractor’s payment.

ADD 2-10.2 Dispute Resolution Process
2-10.2.1 Mandatory Non-binding Mediation.

1. If a dispute arises out of or relates to the Contract, or the breach of it, and if the dispute cannot be settled through those procedures described in Section 2 -10.1.1, the parties must attempt to settle the dispute in an amicable manner, using mandatory mediation June 11, 2024
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under the Construction Industry Mediation Rules of the American Arbitration Association before having recourse in a court of law.

2. To initiate mediation, the initiating party shall serve a Request for Mediation at the American Arbitration Association (AAA).
2-10.2.2 Mandatory Mediation Costs.

1. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise.
2-10.2.3 Selection of Mediator.

1. A single mediator, knowledgeable in construction aspects and acceptable to both parties, shall be used to mediate the dispute.

2. If AAA is used, the initiating party shall concurrently file with AAA a “Request for Mediation” along with the appropriate fees, a copy of requested mediators marked in preference order, and a preference for available dates.

3. If AAA is selected to coordinate the mediation (Administrator), within 10 Working Days from the receipt of the initiating party’s Request for Mediation, the opposing party shall file the following:
a. A copy of the list of the preferred mediators listed in preference order after striking any mediators to which they have any objection. b. A preference for available dates.
c. Appropriate fees.

4. If the parties cannot agree on a mediator, then each party shall select a mediator and those mediators shall select the neutral third party to mediate the matter. 2-10.2.4 Conduct of Mediation Sessions.

1. Mediation hearings shall be conducted in an informal manner and discovery shall not be allowed.

2. Discussions, statements, or admissions shall be confidential to the proceedings and shall not be used for any other purpose regarding the party’s legal position. The parties may agree to exchange any information they deem necessary.

3. Both parties shall have an authorized representative attend the mediation. Each representative shall have the authority to recommend entering into a settlement. Either party may have attorney(s), witnesses, or expert(s) present. Either party may request a list of witnesses and notifications of whether attorney(s) shall be present.

4. Any resulting agreements from mediation shall be documented in writing. Mediation results and documents, by themselves, shall be “non -binding” and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon in June 11, 2024
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writing by both parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.

ADD 2-10.3 Governing Law & Forum for Litigation.

1. This Contract shall be governed by and construed in accordance with the laws of the State of California. Any lawsuits, at law or in equity, between the parties arising out of this Contract shall be filed in a court of competent jurisdiction in the County of San Diego. With respect to venue, the parties agree that this Contract is made in and will be performed in the County of San Diego. The parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

ADD 2-10.4 Pre-judgment Interest.

1. The parties stipulate that if a judgment is entered against a party for breaching this Contract, the pre-judgment interest shall be 2% per annum.

SECTION 3 – CONTROL OF THE WORK
3-2 SELF-PERFORMANCE
ADD the following:

1. If Contractor fails to satisfy the provisions requiring the Contractor to complete Work amounting to at least 20 percent of the Contract price with its own organization unless stipulated otherwise in the Contract Documents, the Agency may at its sole discretion elect to cancel the Contract or deduct an amount equal to 10 percent of the value of the Work performed in excess of 20 percent of the Contract Price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the Contractor, or prime Contractor, shall be entitled to a public hearing before the Board and shall be notified 10 Calendar Days in advance of the time and location of the hearing. The determination of the Board shall be final. 3-3 SUBCONTRACTORS
ADD the following:

1. The Contractor shall incorporate these Specifications in the Contractor’s subcontracts for the work being performed by the Contractor’s Subcontractor.

2. The Contractor shall obtain or require that each Subcontractor obtains insurance policies in accordance with 5-4, “INSURANCE” which shall be kept in full force and effect for the duration of the Contract and in any attached supplemental agreements.

3. In any dispute between the Contractor and the Contractor’s Subcontractors, the Agency shall not be made a party to any judicial or administrative proceeding to resolve the dispute.

4. The Contractor shall ensure that the Contractor’s Subcontractors are appropriately licensed for the duration of the work that is performed under the Subcontracts in accordance with 2- 1, “WORK TO BE DONE.” If a Subcontractor is not properly licensed, the Contractor shall cease payment to the Subcontractor for all work performed when the Subcontractor was not properly licensed. The Contractor shall return to the Agency any payment the Contractor made to a Subcontractor for work performed when the Subcontractor was not licensed.

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5. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work.

6. Where the Contract Documents require that a particular product be installed or applied by an applicator approved by the manufacturer, ensure the Subcontractor or Supplier employed for such work is approved by the manufacturer.

7. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the Work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the Work to be so subcontracted. This submittal will confirm the Subcontractor’s commitments in the Bid. 3-4 AUTHORITY OF THE ENGINEER
ADD the following:

1. The Engineer shall be the single point of contact and shall be included in all communications between Contractor and any Agency representative.

3-5 INSPECTION
ADD the following:

1. Contractor shall make available to the Engineer accurate books and accounting records regarding all its activities. Contractor shall contractually require all Subcontractors to this Contract to do the same. The Engineer shall have access to the Contractor’ s, and any Subcontractors documents described in this Section 3 -5(1) within San Diego County. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its Subcontractor’s performance pursuant to this Contract. The Engineer’s moni toring, assessments, and evaluations will include, but shall not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all Subcontractors to this Contract. Upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all Subcontractors to this Contract, records with respect to all matters covered by this Contract. Contractor shall also permit the Engineer to audit, examine, cop y and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. Any inspection described in this Section 3 -5(1) s hall occur as often as the Engineer deems necessary and during normal business hours. However, any such inspection shall not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all Subcontractors to this Contract shall maintain such data and records for as long as may be required by applicable laws and regulations.

2. The Agency may utilize consultants to assist the Engineer during construction in observing the Contractor’s performance. The consultant shall be the Agency’s Representative on the Site assisting the Engineer and must not be confused with a building inspector with the Agency or with a Special Inspector.

3. The Agency may utilize a Special Inspector for inspection of specialty work and materials, whose costs the Agency will pay for unless the Contractor fails inspection. If inspections or June 11, 2024
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tests reveal non -compliance with the requirements of the Contract Documents, the Contractor shall pay for all corrective measures deemed necessary by the Engineer and also pay the cost of the Agency’s subsequent re-inspection and re-testing.

4. Inspections required by codes or ordinances are the Contractor’s responsibility.

5. The Contractor’s quality control testing and inspections are the Contractor’s responsibility.

Contractor shall coordinate and schedule all inspections and tests. The Contractor shall give the Engineer notice of tests and inspections made by others. At least 5 Working Days of notice shall be given for offsite inspect ions. The Contractor shall wait until the Engineer has responded and agreed to Contractor’s schedule before scheduling test or inspections.

6. The Agency shall schedule any inspections and tests as the Agency deems necessary to ensure the Work is accomplished in accordance with the requirements of the Contract Documents (other than inspections for work performed in accordance with a permit). The Contractor is responsible for the inspection of all Work performed in accordance with the Contract Documents.

7. Contractor shall provide access in accordance with Cal-OSHA Standards as necessary.

8. Contractor shall remove and replace any items of Work performed without the required permit or inspection. For required subsequent inspection, the Contractor shall remove and replace Work at the discretion of Engineer at no additional cost to the Agency. I nspection of the Work does not relieve the Contractor of full compliance with the Contract Documents.

9. Contractor shall not conceal the Work prior to inspection, testing, or approval required by the Contract Documents, the Engineer’s prior written request, or by other agencies. If any item of Work is done prior to obtaining the required approvals when reque sted by the Engineer, Contractor shall expose the Work for inspection, testing, and/or approval. Upon successful completion of the inspection, testing, or approval, the Contractor shall proceed with the Work. The Contractor shall bear all direct and indire ct costs and damages of such uncovering and re-covering and shall not be entitled to an increase in the Contract Price or the Contract Time, unless the Contractor has given the Engineer and any other affected agencies written notice of the Contractor’s intention to cover the Work and the Engineer has not acted in response to such notice.

10. When specified, Contractor shall make arrangements for tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Engineer, or with the appropriate public authority. The payment for such tests, inspections, and approvals are included in the Contract Price.

11. Unless specified otherwise, the Contractor shall pay the cost of inspections and tests. If inspections or tests reveal non -compliance with the requirements of the Contract Documents, the Contractor shall bear the cost of corrective measures deemed necessar y by the Engineer and the cost of the Agency’s subsequent re-inspection and re-testing.

12. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or Subcontractor’s possession pertaining to the Work that the Engineer may request.

13. Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books, and accounting records relative to all its activities and to contractually require all Subcontractors to this Contract to do the same. The Engine er shall have the right to monitor, assess, and evaluate Contractor’s and its Subcontractors June 11, 2024
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Carlsbad City CouncilJune 11, 2024

Carlsbad City Council
June 11, 2024