2025-10-21; City Council; 05; Adoption of Plans, Specifications, Contract Documents, Authorization to Advertise for Bids for the Veterans Memorial Park Project and the Faraday Avenue Improvements Proj — Carlsbad City Council, October 21, 2025 (part 1 of 21)

CA Review TL
Meeting Date: Oct. 21, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Kyle Lancaster, Parks & Recreation Director [email protected], 442-339-2941
John Kim, City Traffic Engineer
[email protected], 442-339-2757
Subject: Adoption of Plans, Specifications, Contract Documents , Authorization to Advertise for Bids for the Veterans Memorial Park Project and the Faraday Avenue Improvements Project and Appropriation of funds to the Veterans Memorial Park Project
Districts: All
Rec
ommended Action
Adopt a resolution adopting the plans, specifications and contract documents, authorizing the City Clerk to advertise for bids for the Veterans Memorial Park Project and the Faraday Avenue Improvements Project and appropriating $7,456,704 to the Veterans Memorial Park Project from the Community Facilities District No. 1 Fund.

Executive Summary
On July 26, 2022, the City Council adopted the final Veterans Memorial Park Master Plan, made a finding of compliance with the Growth Management Plan and Citywide Facilities and Improvements Plan Parks Performance Standard and adopted the related California Environmental Quality Act Findings (Exhibit 3). Staff subsequently worked with the design team to develop the plans, specifications and contract documents for the Veterans Memorial Park Project, Capital Improvement Program Project No. 4609. The park consists of a 93.7-acre property, located south of Agua Hedionda Lagoon, with frontage along Faraday Avenue.

The Faraday Avenue Improvements Project, Capital Improvement Program Project No. 6099, will implement modifications to the public right-of-way along Faraday Avenue designed to enhance mobility access to the park.

The Veterans Memorial Park and Faraday Avenue Improvements project have been combined into one public bid process, with an intent to award a single construction contract. The City Council’s adoption of the project plans, specifications and contract documents is required under Carlsbad Municipal Code Section 3.28.080(E), because each of the projects will cost more than $220,000.

Oct. 21, 2025
Item #5 Page 1 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B The City Council’s approval is also required to appropriate the previously forecasted $7,456,704 in the Capital Improvement Program budget to the Veterans Memorial Park Project, from the Community Facilities District No. 1 Fund. (The process for such appropriations is explained in the Fiscal Analysis section below.)
Explanation & Analysis
Veterans Memorial Park Project
The Veterans Memorial Park property is bordered to the southeast by the Macario Canyon and the Veterans Memorial Park Open Space Preserves. Of the 93.7-acre park property, 38.82 acres will be developed, and 54.88 acres will remain designated as hardline habitat preserve areas.1 This park will be the city’s largest
community park, designed as a
welcoming, family-oriented
destination. It will feature a diverse
range of multi-generational and
inclusive amenities thoughtfully
integrated into both active and
passive recreational spaces.

Key elements of the park project
include honoring veterans for
their service, minimizing
environmental impact, and
celebrating the site’s natural beauty and scenic views.

The primary amenities designed are:
• Veterans memorial plaza
• Picnic areas
• Family-oriented bike park
• Concessions/restrooms
• Fitness equipment
• Multi-use trails
V
eterans Memorial Park is a priority project in the 2023-27 Carlsbad Strategic Plan and the 2023-30 Carlsbad Parks & Recreation Department Master Plan and is in alignment with the Carlsbad Community Vision Statement of “Access to recreation and active, healthy lifestyles.” Recent City Council actions related to the planning of Veterans Memorial Park include:
• July 30, 2024: Execution of a professional services agreement to provide design services and pre-engineered building material kits for three buildings within the park (City Council Resolution No. 2024-199).
• June 24, 2025: Execution of a declaration of restrictive covenants for the hardline habitat preserve areas within the park (City Council Resolution No. 2025-151). 1 A "hardline" habitat preserve area is a permanently protected area designated primarily for the conservation and management of biological resources.

Veterans Memorial Park site
Oct. 21, 2025
Item #5 Page 2 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B Faraday Avenue Improvements Project
Faraday Avenue is classified as an employment/transit connector street in the Mobility Element of the city’s General Plan. Its existing speed limit is posted at 40 mph.

The Veterans Memorial Park traffic study provided recommendations for access to the park along Faraday Avenue. The study proposed two new park access driveways and identified the need for left-turn lanes at each of the driveways to facilitate vehicle access to the park and help reduce delays for drivers traveling along Faraday Avenue.

This project will include the construction of left-turn lanes at each of the park’s two new driveways on Faraday Avenue. New striping will be implemented along Faraday Avenue to accommodate enhanced bike lanes with buffers, and green paint will be used to highlight areas where vehicle and bike traffic may conflict to draw the attention of both cyclists and drivers and enhance bike access to the new park.

Public safety staff from the Fire and Police Departments have reviewed this project’s design with engineering staff from the Transportation Department. Their shared goal was to ensure the project addressed the multiple needs of the community while balancing the priorities associated with engineering, enforcement and emergency response considerations.

Prequalification of contractors
Staff advertised a request for qualifications from contractors to prequalify for the Veterans Memorial Park Project and the Faraday Avenue Improvements Project on June 11, 2025. Eight contractors submitted responses to the request for qualifications by July 22, 2025. Staff subsequently evaluated those responses in accordance with the criteria provided in the request for qualifications and California Public Contract Code Section 20101.

These five contractors were determined to be prequalified and eligible to submit bids on the projects:
• BrightView Landscape Development, Inc.
• Clark Construction Group California, LP
• Edwards Construction Group, Inc.
• Hazard Construction Engineering, LLC
• Los Angeles Engineering, Inc.

All contractors that submitted responses to the request were advised of their eligibility status.

Fiscal Analysis
Veterans Memorial Park Project
The engineer’s estimate for the construction contract for this project, also referred to as the hard cost, is $43,958,454.2 The total estimated construction cost, which includes items such as contingency, administration, inspection, reporting and permitting, for this project is $50,964,008.
2 An engineer’s estimate is an opinion of a project’s probable construction cost given by an experienced and qualified professional engineer generally familiar with the construction industry. The city uses them to obtain an estimate as close to the actual costs as possible.

Oct. 21, 2025
Item #5 Page 3 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B

The total appropriation to date for this project is $49,711,450, from the Community Facilities District No. 1 Fund. The total expenditures and encumbrances to date for this project, which include items such as design and engineering, technological and management consulting and building material kits, is $6,204,146. This results in a total available balance of $43,507,304 for the project.

An additional appropriation of $7,456,704 for this project was forecasted in the Fiscal Year 2025-26 Capital Improvement Program budget, from the Community Facilities District No. 1 Fund. The Capital Improvement Program budget covers a five year period. For projects related to the City Council’s 5-Year Strategic Plan, construction funding is shown as an estimate, i.e., the City Council does not authorize an appropriation when the annual Capital Improvement Program budget is adopted. Instead, staff request an appropriation for the construction when the design is complete, and the project is ready to be bid for construction.

The total funding anticipated in reimbursement grants approved for this project is $8,000,000.

The U.S. Department of Housing and Urban Development issued an agreement providing $3,000,000 through a Community Project Funding Grant. Additionally, the State of California Natural Resources Agency issued an agreement providing $5,000,000 through a Department of Parks & Recreation General Fund Specified Grant.

The available funds and estimated construction costs for this project are shown below.

Construction contract (engineer’s estimate) -$43,958,454 Construction contingency (estimated) -$5,159,404
Construction management and inspection by staff (estimated) -$264,915 Construction testing and inspection by third parties (estimated) -$550,000 Mitigation monitoring and reporting program by third parties (estimated) -$180,610 Permitting fees and other charges (estimated) -$245,000 Design services for public art area and other areas as needed (estimated) -$190,000 Public art (estimated) -$415,625
Total estimated construction costs -$50,964,008
Additional appropriation needed $7,456,704

Veterans Memorial Park Project
Capital Improvement Program Project No. 4609
Appropriations to date (Community Facilities District No. 1 Fund) $49,711,450 Expenditures and encumbrances to date -$6,204,146
Total available balance $43,507,304
Oct. 21, 2025
Item #5 Page 4 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B

Faraday Avenue Improvements Project
The engineer’s estimate for the construction contract for this project is $573,890. The total estimated construction cost for this project, which includes items such as contingency and administration, is $774,760.

The total appropriation to date for this project is $1,575,000, from the General Capital Construction Fund. The total expenditures and encumbrances to date for this project, which includes items such as design and engineering, is $204,641. This brings the total available balance for the project to $1,370,359.

The available funds and the estimated construction costs for this project are shown below.

Next Steps
The projects’ plans, specifications and contract documents will be immediately posted to the city’s public bidding website. The bid solicitation period will last at least 30 days. Staff will then review the bids received and return to the City Council with a recommendation to award a construction contract. That item is tentatively scheduled for Dec. 9, 2025.

Environmental Evaluation
Veterans Memorial Park
On June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a mitigated negative declaration and mitigation monitoring and reporting program, and adopted Resolution No. 7454, approving Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0006, and Habitat Management Plan Permit HMP 2021-0006 for Veterans Memorial Park.

Faraday Avenue Improvements
The proposed action for adopting the plans, specifications and contract documents for the Faraday Avenue Improvements Project is categorically exempt from environmental review under the California Environmental Quality Act, or CEQA, Guidelines Section 15301 because it involves the maintenance, repair or minor alteration of existing facilities with negligible or no expansion of the existing or former use. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply.

Faraday Avenue Improvements Project
Capital Improvement Program Project No. 6099
Appropriations to date (General Capital Construction Fund) $1,575,000 Expenditures and encumbrances to date -$204,641
Total available balance $1,370,359
Construction contract (engineer’s estimate) -$573,890
Construction contingency (estimated) -$114,780
Construction management and inspection by staff (estimated) -$86,080 Total estimated construction costs -$774,760
Additional appropriation needed $0
Oct. 21, 2025
Item #5 Page 5 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B

Exhibits

1. City Council resolution

2. Plans, specifications and contract documents (on file in the Office of the City Clerk)

3. July 26, 2022, City Council staff report (on file in the Office of the City Clerk)

Oct. 21, 2025
Item #5 Page 6 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B Exhibit 1
RESOLUTION NO. 2025-234 .

A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, ADOPTING THE PLANS, SPECIFICATIONS AND CONTRACT

DOCUMENTS, AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR

THE VETERANS MEMORIAL PARK PROJECT AND THE FARADAY AVENUE IMPROVEMENTS PROJECT AND APPROPRIATING $7,456,704 TO THE

VETERANS MEMORIAL PARK PROJECT FROM THE COMMUNITY FACILITIES DISTRICT NO. 1 FUND
WHE
REAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to construct the Veterans Memorial Park Project (CIP Project No. 4609) and the Faraday Avenue Improvements Project (CIP Project No. 6099); and WHEREAS, on July 26, 2022, the City Council adopted the final Veterans Memorial Park Master Plan, made a finding of compliance with the Growth Management Plan and Citywide Facilities and Improvements Plan Parks Performance Standard and adopted the related California Environmental Quality Act findings; and
WHEREAS, the park consists of a 93.7 -acre property, located south of Agua Hedionda Lagoon, with frontage along Faraday Avenue; and
WHEREAS, of the 93.7-acre park property, 38.82 acres will be developed, and 54.88 acres will remain designated as hardline habitat preserve areas; and WHEREAS, this park will be the city’s largest community park, designed as a welcoming, family- oriented destination. It will feature a diverse range of multi -generational and inclusive amenities thoughtfully integrated into both active and passive recreational spaces; and WHEREAS, key elements of the park project include honoring veterans for their service, minimizing environmental impact, and celebrating the site’s natural beauty and scenic views; and WHEREAS, the Veterans Memorial Park traffic study provided recommendations for access to the park along Faraday Avenue , which is classified as an employment/transit connector street in the Mobility Element of the city’s General Plan; and
WHEREAS, the study proposed two new park access driveways and identified the need for left- turn lanes at each of the two new driveways to facilitate vehicular access to the park and help reduce delays to vehicles traveling along Faraday Avenue; and
Oct. 21, 2025
Item #5 Page 7 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B WHEREAS, the Faraday Avenue Improvements Project will include construction of two new park driveways with left-turn pockets on Faraday Avenue, and new striping with bike enhancements along the park’s frontage; and
WHEREAS, staff advertised a request for qualifications from contractors to prequalify for the Veterans Memorial Park Project and the Faraday Avenue Improvements Project on June 11, 2025; and WHEREAS, eight contractors submitted responses to the request for qualifications by July 22, 2025 and staff subsequently evaluated those responses in accordance with the criteria provided in the request for qualifications and California Public Contract Code Section 20101; and WHEREAS, five contractors were determined to be prequalified and eligible to submit bids on the projects, and all eight contractors were advised of their eligibility status; and WHEREAS, t he engineer’s estimate for the Veterans Memorial Park P roject construction contract is $43,958,454; and
WHEREAS, the total estimated construction cost for this project is $50,964,008, which includes items such as contingency, administration, inspection, reporting and permitting; and WHEREAS, the total appropriation to date for this project is $49,711,450, with a forecasted additional appropriation of $7,456,704 in the Fiscal Year 2025 -26 CIP Budget, from the Community Facilities District No. 1 Fund; and
WHEREAS, the engineer’s estimate for the construction contract for the Faraday Avenue Improvements Project is $573,890; and
WHEREAS, the total estimated construction cost for this project is $774,760, which includes items such as contingency and administration; and
WHEREAS, the total appropriation to date for this project is $1,575,000, from the General Capital Construction Fund.

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. On June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Veterans Memorial Park; and Resolution No. 7454, approving Conditional Use Permit CUP 2021- 0014, Coastal Development Permit CDP 2021 -0052, Hillside Develop ment Oct. 21, 2025
Item #5 Page 8 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B Permit HDP 2021 -0006, and Habitat Management Plan Permit HMP 2021 -0006 for Veterans Memorial Park.

3. Construction of the Faraday Avenue Improvements is categorically exempt from environmental review under the California Environmental Quality Act, or CEQA, Guidelines Section 15301 because it involves the maintenance, repair or minor alteration of existing facilities with negligible or no expansion of the existing or former use. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply.

4. That the plans, specifications, and contract documents for the Veterans Memorial Park Project and the Faraday Avenue Improvements Project, on file at the City Clerk’s Office, are hereby approved.

5. That the City Manager, or designee, is authorized to direct the Deputy City Manager, Administrative Services, or designee, to appropriat e $7,456,704 to the Veterans Memorial Park Project from the Community Facilities District No. 1 Fund.

6. That the City Clerk of the City of Carlsbad is hereby authorized and directed to publish, in accordance with state law and Carlsbad Municipal Code Section 3.28.080(C), a notice to contractors inviting bids for the Veterans Memorial Park Project and the Faraday Avenue Improvements Project, in accordance with the plans, specifications and contract documents referred to herein.

Oct. 21, 2025
Item #5 Page 9 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B PASSED, APPROVED AND ADOPTED at a Regula r Meeting of the City Council of the City of Carlsbad on the 21st day of October, 2025 , by the following vote, to wit:

AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.

NAYS: None.

ABSTAIN: None.

ABSENT: None.
_______
_______________________________
KEITH BLACKBURN, Mayor
_______
_______________________________
SHERRY FREISINGER, City Clerk
(SEAL)
Oct. 21, 2025
Item #5 Page 10 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B

Exhibit 2
Pl
ans, specifications and contract documents
(on file in the Office of the City Clerk)
Oct. 21, 2025
Item #5 Page 11 of 12
Docusign Envelope ID: 33266DF7-713F-4B12-9998-4976AE25A85B

CITY OF CARLSBAD
────────────────────────────

CONTRACT DOCUMENTS

GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS,

AND TECHNICAL SPECIFICATIONS
FOR:

VETERANS MEMORIAL PARK PROJECT
AND

FARADAY AVENUE IMPROVEMENTS PROJECT
PROJECT NOS.: 4609 / 6099
CONTRACT NO.: PWS26-3865PKS

NOTICE AND FUNDING
This is the second step in a two -step procurement; only firms shortlisted through the RFQ may submit a Bid.

Exhibit 2

TABLE OF CONTENTS Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023
Table of Contents
SECTION 1 .................................................................................................................................... 1 00 11 10 NOTICE INVITING BIDS .................................................................................................. 1

1. RECEIPT OF BIDS. ................................................................................................................. 1

2. DESCRIPTION OF WORK. ...................................................................................................... 1

3. TIME OF COMPLETION. ........................................................................................................ 2

4. BASIS OF AWARD. ................................................................................................................ 2

5. PERIOD FOR AWARD. ........................................................................................................... 2

6. BIDDER QUALIFICATIONS..................................................................................................... 2

7. PRE-BID CONFERENCE. ........................................................................................................ 3

8. OBTAINING CONTRACT DOCUMENTS. ................................................................................ 3

9. BID GUARANTEE AND BONDS. ............................................................................................ 4

10. PREVAILING WAGES & FEDERAL LABOR STANDARDS. ...................................................... 4

11. FEDERAL AND STATE GRANT REQUIREMENTS. ................................................................. 6 00 21 10 INSTRUCTIONS TO BIDDERS .......................................................................................... 7

1. SECURING CONTRACT DOCUMENTS. .................................................................................. 7

2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS. ...................................................... 7

3. INTERPRETATION OF DRAWINGS AND DOCUMENTS. ........................................................ 7

4. QUESTIONS. ......................................................................................................................... 8

5. PRE-BID CONFERENCE. ........................................................................................................ 8

6. ADDENDA. ............................................................................................................................ 9

7. ALTERNATE BIDS. ................................................................................................................. 9

TABLE OF CONTENTS Date Printed: October 17, 2025
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8. COMPLETION OF BID FORMS. ........................................................................................... 10

10. MODIFICATIONS OF BIDS. ................................................................................................ 11

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

12. LABOR & MATERIAL BOND AND FAITHFUL PERFORMANCE & WARRANTY BOND. ........ 11

13. SUBSTITUTION OF SECURITY. .......................................................................................... 12

14. OPTIONAL ESCROW FOR SECURITY DEPOSIT. ................................................................. 12

15. INSURANCE REQUIREMENTS. .......................................................................................... 12

16. LICENSING REQUIREMENTS. ............................................................................................ 13

17. SUBCONTRACTORS. ......................................................................................................... 14

18. BIDDER INFORMATION AND EXPERIENCE FORM. ........................................................... 15

19. NON-COLLUSION DECLARATION. .................................................................................... 15

20. IRAN CONTRACTING ACT OF 2010. .................................................................................. 15

21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION. ..................................... 15

22. PREVAILING WAGES AND FEDERAL LABOR STANDARDS (STATE + HUD CPF). ................ 16

23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS. ............................................ 19

24. SIGNING OF BIDS. ............................................................................................................ 19

25. SUBMISSION OF SEALED BIDS. ........................................................................................ 19

26. OPENING OF BIDS. ........................................................................................................... 20

27. WITHDRAWAL OF BID. ..................................................................................................... 20

28. BIDDERS INTERESTED IN MORE THAN ONE BID. ............................................................. 21

29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES. ........................ 21

30. PERMIT AND INSPECTION FEE ALLOWANCE. .................................................................. 21

TABLE OF CONTENTS Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

31. BASIS OF AWARD; BALANCED BID. .................................................................................. 21

32. AWARD PROCESS. ............................................................................................................ 21

33. EXECUTION OF CONTRACT. ............................................................................................. 22

34. BUSINESS LICENSE ........................................................................................................... 22

35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES; SECTION 3 REQUIREMENTS. .................................................................................................................... 22

36. USE OF RECYCLED MATERIALS ......................................................................................... 22

37. STATUTORY REFERENCES ................................................................................................ 22

38. CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL ................................................ 23 00 41 00 BID FORM .................................................................................................................... 24

1. BID SCHEDULE ................................................................................................................ 25

2. TOTAL BID PRICE ............................................................................................................ 35

3. RECITALS ........................................................................................................................ 36 00 43 10 BID BOND FORM ......................................................................................................... 42 00 43 20 BID SECURITY............................................................................................................... 44 00 43 30 PROPOSED SUBCONTRACTORS FORM ........................................................................ 45 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM ....................................................... 47 00 45 10 NON-COLLUSION DECLARATION ................................................................................. 50 00 45 15 IRAN CONTRACTING ACT CERTIFICATION ................................................................... 51 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION .................................. 52 00 45 25 CERTIFICATE OF INSURANCE ....................................................................................... 53 00 45 30 STATEMENT REGARDING DEBARMENT ...................................................................... 54 00 45 35 DISCLOSURE OF DISCIPLINE RECORD .......................................................................... 55

TABLE OF CONTENTS Date Printed: October 17, 2025
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00 52 00 CONTRACT ................................................................................................................... 57 00 61 10 LABOR AND MATERIALS BOND ................................................................................... 61 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND .................................................... 64 00 61 30 OPTIONAL ESCROW AGREEMENT ............................................................................... 68 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS ....................................................... 72 00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS .................................................. 166 INTRODUCTION ................................................................................................................... 166 PART 2 CONSTRUCTION MATERIALS ................................................................................... 166 SECTION 2 ................................................................................................................................ 213 01 10 00 SUMMARY ................................................................................................................. 213 PART 1 GENERAL .................................................................................................................. 213 PART 2 (NOT USED).............................................................................................................. 213 PART 3 EXECUTION (NOT USED) .......................................................................................... 213 01 11 00 SUMMARY OF WORK ................................................................................................ 214 PART 1 GENERAL .................................................................................................................. 214 PART 2 PRODUCTS (NOT USED) ........................................................................................... 219 PART 3 EXECUTION (NOT USED) .......................................................................................... 219 01 20 00 PRICE AND PAYMENT PROCEDURES ......................................................................... 220 PART 1 GENERAL ............................................................................................................ 220 PART 2 PRODUCTS (NOT USED) ........................................................................................... 279 PART 3 EXECUTION (NOT USED) .......................................................................................... 279 01 26 13 REQUESTS FOR INFORMATION ................................................................................. 280

TABLE OF CONTENTS Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023
PART 1 – GENERAL ............................................................................................................... 280 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 282 PART 3 – EXECUTION (NOT USED) ....................................................................................... 282 01 31 00 PROJECT MANAGEMENT AND COORDINATION ....................................................... 283 PART 1 CONSTRUCTION MANAGEMENT SOFTWARE (PROCORE) ...................................... 283 PART 2 (NOT USED).............................................................................................................. 288 PART 3 (NOT USED).............................................................................................................. 288 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION ....................................................... 289 PART 1 GENERAL .................................................................................................................. 289 PART 2 PRODUCTS ............................................................................................................... 294 PART 3 EXECUTION .............................................................................................................. 301 01 32 13 SCHEDULING OF WORK ............................................................................................. 315 PART 1 - GENERAL ................................................................................................................ 315 PART 2 - PRODUCTS ............................................................................................................. 316 PART 3 - EXECUTION ............................................................................................................ 318 01 32 23 SURVEY AND LAYOUT DATA ...................................................................................... 328 PART 1 – GENERAL ............................................................................................................... 328 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 329 PART 3 – EXECUTION (NOT USED) ....................................................................................... 329 01 33 00 SUBMITTAL PROCEDURES ......................................................................................... 330 PART 1 GENERAL .................................................................................................................. 330 PART 2 PRODUCTS (NOT USED) ........................................................................................... 336

TABLE OF CONTENTS Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023
PART 3 EXECUTION (NOT USED) .......................................................................................... 336 01 35 00 SPECIAL PROCEDURES ............................................................................................... 337 PART 1 – GENERAL ............................................................................................................... 337 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 340 PART 3 – EXECUTION (NOT USED) ....................................................................................... 340 01 35 43 ENVIRONMENTAL PROCEDURES ............................................................................... 341 PART 1 – GENERAL ............................................................................................................... 341 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 342 PART 3 – EXECUTION ........................................................................................................... 342 01 41 00 REGULATORY REQUIREMENTS .................................................................................. 344 PART 1 – GENERAL ............................................................................................................... 344 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 345 PART 3 – EXECUTION (NOT USED) ....................................................................................... 345 01 41 26 PERMIT REQUIREMENTS ........................................................................................... 346 PART 1 GENERAL .................................................................................................................. 346 PART 2 PRODUCTS (NOT USED) ........................................................................................... 351 PART 3 EXECUTION (NOT USED) .......................................................................................... 351 01 42 13 REFERENCE STANDARDS AND ABBREVIATIONS ....................................................... 352 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 357 PART 3 – EXECUTION (NOT USED) ....................................................................................... 357 01 43 39 MOCK-UPS ................................................................................................................. 358 PART 1 – GENERAL ............................................................................................................... 358

TABLE OF CONTENTS Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023
PART 2 – PRODUCTS ............................................................................................................ 360 PART 3 – EXECUTION ........................................................................................................... 360 01 45 00 QUALITY CONTROL .................................................................................................... 363 PART 1 – GENERAL ............................................................................................................... 363 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 370 PART 3 – EXECUTION (NOT USED) ....................................................................................... 370 01 50 00 TEMPORARY FACILITIES AND CONTROLS.................................................................. 371 PART 1 GENERAL .................................................................................................................. 371 PART 2 PRODUCTS (NOT USED) ........................................................................................... 380 PART 3 EXECUTION (NOT USED) .......................................................................................... 380 01 51 00 TEMPORARY UTILITIES .............................................................................................. 381 PART 1 – GENERAL ............................................................................................................... 381 PART 2 – PRODUCTS ............................................................................................................ 385 PART 3 – EXECUTION ........................................................................................................... 385 01 52 00 CONSTRUCTION FACILITIES ....................................................................................... 387 PART 1 – GENERAL ............................................................................................................... 387 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 387 PART 3 – EXECUTION ........................................................................................................... 387 01 54 00 CONSTRUCTION AIDS ................................................................................................ 389 PART 1 – GENERAL ............................................................................................................... 389 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 389 PART 3 – EXECUTION ........................................................................................................... 390

TABLE OF CONTENTS Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023
01 55 00 VEHICULAR ACCESS AND PARKING ........................................................................... 391 PART 1 – GENERAL ............................................................................................................... 391 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 391 PART 3 – EXECUTION (NOT USED) ....................................................................................... 391 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL ......................................... 392 PART 1 GENERAL .................................................................................................................. 392 PART 2 PRODUCTS (NOT USED) ........................................................................................... 395 PART 3 EXECUTION .............................................................................................................. 395 01 78 23 OPERATION AND MAINTENANCE DATA ................................................................... 397 PART 1 – GENERAL ............................................................................................................... 397 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 401 PART 3 – EXECUTION (NOT USED) ....................................................................................... 401 01 78 33 PRODUCT WARRANTIES AND BONDS ....................................................................... 402 PART 1 – GENERAL ............................................................................................................... 402 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 405 PART 3 – EXECUTION (NOT USED) ....................................................................................... 405 01 78 39 PROJECT RECORD DOCUMENTS ................................................................................ 406 PART 1 – GENERAL ............................................................................................................... 406 PART 2 – PRODUCTS (NOT USED) ........................................................................................ 407 PART 3 – EXECUTION (NOT USED) ....................................................................................... 407 01 79 00 DEMONSTRATION AND TRAINING ............................................................................ 408 PART 1 – GENERAL ............................................................................................................... 408

TABLE OF CONTENTS Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

APPENDICES
Appendix Description
A Federal and State Grant Requirements
B Fleet Compliance Certification Form

Veterans Memorial Park Project
C VMP – Technical Specifications
D VMP – Geotechnical Investigation
E VMP – SWPP
F VMP – Fire Flow Calculations – 9-8-2025
G VMP – Hydrology & Hydraulic Report – Final – 4-09-2025 H VMP – Mitigation Monitoring and Reporting Program (MMRP) I VMP – Final Initial Study/Mitigated Negative Declaration with Comments and Errata (ISMND)
J VMP – Bleacher Structural Calcs
K VMP – Plans Part 1
L VMP – Plans Part 2
M VMP – Plans Part 3
N VMP – Plans Part 4

Faraday Avenue Improvements Project
O Faraday – Technical Specifications
P Faraday – Plans

*Refer to the Table of Contents included within each Technical Specifications Volume for detailed section listings.

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SECTION 1
00 11 10 NOTICE INVITING BIDS

1. RECEIPT OF BIDS.

The City of Carlsbad (“Agency”) will receive electronic Bids through the City of Carlsbad Electronic Bidding Site until 11:00 a.m. Pacific Standard Time (PST) on December 2, 2025 (the “Bid Submission Deadline”). Bids must be submitted through the online bidding portal at:
https://www.carlsbadca.gov/departments/finance/contracting-purchasing The official system clock within the City of Carlsbad Electronic Bidding Site shall govern the Bid Submission Deadline. Late Submissions: Any Bids received after the Bid Submission Deadline will not be accepted or considered under any circumstances. Prospective Bidders are strongly encouraged to allow sufficient time for submission to avoid technical or other delays.

2. DESCRIPTION OF WORK.

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

2.1. Veterans Memorial Park Project (CIP No. 4609)
Location: 1420 Faraday Avenue, Carlsbad, CA 92008

The Veterans Memorial Park Project will establish a vibrant new community park spanning approximately 93.7 acres. The park will feature extensive site improvements, the preservation of natural habitats, and designated areas for habitat mitigation. Off -site right- of-way enhancements are also planned to improve accessibility and support surrounding infrastructure.

Key features of the park include:
• 2,672 square feet of park service buildings
• A 76,294 square foot bike park
• An 11,651 square foot outdoor exercise area
• 38,951 square feet of playgrounds
• A 51,275 square foot parking area
• A memorial plaza
• Multiple picnic areas
• Comprehensive site development throughout

2.2. Faraday Avenue Improvements Project (CIP No. 6099) Location: Faraday Avenue, adjacent to Veterans Memorial Park, Carlsbad, CA

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The Faraday Avenue Improvements Project is being bid in conjunction with the Veterans Memorial Park Project. With the addition of the new park, pedestrian and bicycle activity along Faraday Avenue is expected to increase. This project will enhance mobility and access to the park, help manage vehicle speeds, and create a safer, more inviting environment for all modes of travel along the park frontage.

3. TIME OF COMPLETION.

The time for completion of the Work shall be as specified in Section 6 -3 and shall begin on the date specified in the Notice to Proceed issued by the Agency unless otherwise stated in the Notice.

The Engineer’s Estimate for the combined Projects is $44,532,344.00. The Engineer’s Estimate is provided for Bidder reference and does not represent a guaranteed award amount.

4. BASIS OF AWARD.

Agency shall consider awarding the Contract for the Project , to the lowest, responsive, responsible Bidder as determined by the Agency based on the combined total of Bid Form 00 41 00 - Schedule A, Schedule B and Schedule C. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Price Proposal Form. Also, the sum of all lump sum line items will govern over the “Total Proposed Lump Sum Price” line item.

In the event of a discrepancy between the Bid Forms and the electronic submission , the entry submitted through the City of Carlsbad Electronic Bidding Site shall prevail.

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 one or more particular Bid items or otherwise violates Public Contract Code Section 9203.

5. PERIOD FOR AWARD.

A period of ninety (90) Calendar Days from the time of Bid opening may be required to award the Contract. No Bidder may withdraw its Bid or Bid Guarantee during this period. Bidders shall assume full responsibility for their Bid during this period and shall make certain that such delay does not restrict the Bid Guarantee.

6. BIDDER QUALIFICATIONS.

Bidders shall be licensed contractors pursuant to Business and Professions Code Sections 7000 et seq. under the classification of (A) General Engineering 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.

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7. PRE-BID CONFERENCE.

The Agency will conduct a Mandatory Pre-Bid Conference at the Agency’s office on October 30, 2025, at 10:00 a.m.

First Location (Meeting):

Faraday Center
(Conference Room 173 B)
1635 Faraday Ave.

Carlsbad, CA 92008
After the meeting at the Agency’s office concludes, the conference will reconvene at the second location:

Second Location (Site Visit):

Veterans Memorial Park
1420 Faraday Ave.

Carlsbad, CA 92008
Attendance at both locations is mandatory for all shortlisted firms. Attendance is limited to firms that were shortlisted through the Request for Qualifications (RFQ) process. Only these firms and their subcontractors are eligible to attend the Pre -Bid Conference and to submit a Bid for this Project.

Representatives of the Agency and its consulting engineers and landscape architects, if any, will be present. Questions raised by Bidders at the Pre -Bid Conference that are not specifically addressed within the Contract Documents shall be answered in writi ng and distributed to all attendees and posted on the online bidding portal. Bids will not be accepted by any Bidder who fails to attend the mandatory Pre-Bid Conference.

All prospective Bidders are required to sign the official attendance sheet upon arrival. Bidders who arrive late and fail to sign the attendance sheet may be disqualified from the bidding process. Attendance for the full duration of the Pre-Bid Conference is mandatory.

The site visit will involve walking across natural terrain, including uneven surfaces and hills.

Prospective Bidders are advised to wear sturdy, closed-toe walking shoes and dress appropriately for outdoor conditions.

8. OBTAINING CONTRACT DOCUMENTS.

Bidders may obtain a copy of the Contract Documents from Agency’s website (https://www.carlsbadca.gov/departments/finance/contracting-purchasing). To the extent required by Public Contract Code S ection 20103.7, upon request from a contractor plan room service, the Agency shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. It is the responsibility of each prospective Bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a Bid. All Addenda will be posted on the online bidding portal. It is the responsibility of each prospective Bidder to check the online bidding portal daily through the close of the bidding period for any applicable Addenda. The Agency does not assume any liability or

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responsibility for any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on the online bidding portal may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by the online bidding portal . No time extensions or other consideration will be given for non-receipt or other circumstance associated with the review or acquisition of Contract Documents. Bids must be submitted on the Agency’s Bid Forms in the Contract Documents.

9. BID GUARANTEE AND BONDS.

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

The original Bid Bond for the 3 apparent low Bidders must be submitted to the Agency within 3 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 WAGES & FEDERAL LABOR STANDARDS.

This solicitation covers two projects: Veterans Memorial Park Project and Faraday Avenue Improvements Project. Both are “public works” under California Labor Code §§1720–1861. Full requirements are provided in Instructions to Bidders §22 and Appendix A – Federal & State Grant Requirements, which control over this summary.

A. Requirements common to both projects.• California Prevailing Wage (DIR): Pay not less than applicable DIR wage determinations; comply with apprenticeship (Lab. Code §1777.5), eCPR, and posting requirements.• DIR Registration: Prime and all subcontractors must be registered with DIR (Lab. Code §1725.5) at bid and throughout performance.• Flow -down: Insert all applicable labor standards and grant conditions into all subcontracts/lower tiers.• Bidder responsibility:

Include all compliance costs in your bid.

Funding. Veterans Memorial Park Project is funded in part by Department of Housing and Urban Development (HUD) Community Development Fund (Community Project Funding (CPF)/Congressionally Directed Spending) (B-23-CP-CA-0155) and State of California Department

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of Parks and Recreation Grant (C5055056). All applicable Federal and State grant conditions apply (see 00 21 10 Instructions to Bidders §22 and Appendix A).

B. Project-specific overlays.1) Veterans Memorial Park Project — Department of Housing and Urban Development (HUD) Community Development Fund (Community Project Funding (CPF)/Congressionally Directed Spending) (B-23-CP-CA-0155) and State of California Department of Parks and Recreation Grant (C5055056)• Federal labor standards apply at the VMP site: Davis- Bacon and Related Acts (DBRA), Copeland “Anti -Kickback” Act, Contract Work Hours & Safety Standards Act (CWHSSA).• Higher-of Rule: For each classification, pay not less than the higher of Federal (DBRA) or State (DIR) rates.• Certified Payrolls: Weekly DBRA CPRs ( WH-347 or equivalent) + Statements of Compliance; field interviews/audits may occur.• HUD Section 3 (24 CFR Part 75): Best -efforts benchmarks currently 25% Section 3 worker hours and 5% targeted Section 3 worker hours; reporting required .• Grant conditions: See Section 3, Appendix A for additional HUD/DPR requirements (e.g., domestic preference/BABA where applicable, recovered materials, signage, reporting, records/audit).

Federal (DBRA) wage decision: See Appendix A, §41 (including posted WH-1321 and HUD-4010).

State (DIR) prevailing wage determinations: See Appendix A, §41.

Note: Where federal and state rates differ, the higher rate applies. Contractor must use the wage decision(s) in effect 10 days before bid opening (or as otherwise specified) and is responsible for any modifications issued prior to award.
2) Faraday Avenue Improvements Project — State
• No Federal labor standards (DBRA/CWHSSA/Copeland) apply unless Federal funds are later added and the City issues written direction.
• California requirements govern: DIR prevailing wage, apprenticeship, eCPR, postings, and all other state public works obligations.

Certified Payrolls: Weekly unredacted DBRA CPRs ( WH-347 or equivalent) + Statements of Compliance, submitted electronically as directed by the City; field interviews/audits may occur.

Single-contract award covering both projects: Federal labor standards apply to the Veterans Memorial Park Project site only. Bidders must maintain payrolls and reporting so Veterans Memorial Park Project and Faraday Avenue Improvements Project labor can be clearly segregated by site.

Refer to §22 and Appendix A for: wage decision references, posting instructions, certified payroll timing, Section 3 plan/reporting, BABA/recovered -materials requirements, and all grant submittals.

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Electronic CPRs required. Weekly CPRs must be submitted electronically; a monthly compiled package (site-segregated) is also required for the City/CM file. Field labor-compliance interviews will be conducted periodically.

11. FEDERAL AND STATE GRANT REQUIREMENTS.

The Veterans Memorial Park Project is funded in part by the Department of Housing and Urban Development (HUD) Community Development Fund (Community Project Funding (CPF)/Congressionally Directed Spending) (B-23-CP-CA-0155) and State of California Department of Parks and Recreation Grant (C5055056) . Accordingly, the Veterans Memorial Park Project is subject to all applicable federal, state, and local grant requirements, including but not limited to 2 CFR Part 200 (Uniform Guidance), the Davis–Bacon Act and California prevailing wage laws, Buy America requirements (2 CFR Part 184 and Section 70914 of the Bipartisan Infrastructure Law), Section 3 economic opportunity requir ements, nondiscrimination and accessibility laws, environmental compliance under NEPA and CEQA, grant reporting and audit requireme nts, and Executive Order N-6-22.

The full grant compliance requirements are provided in Appendix A – Federal and State Grant Requirements, which is incorporated herein by reference and made a part of the Contract Documents. In the event of a conflict between these Contract Documents and Appendix A, the provision imposing the more demanding or restrictive obligation shall govern.

Form HUD-4010 (Federal Labor Standards Provisions) is incorporated by reference and made part of this Contract.

END OF SECTION

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00 21 10 INSTRUCTIONS TO BIDDERS

1. SECURING CONTRACT DOCUMENTS.

Bids must be submitted to the Agency on the Bid Forms which are a part of the Contract Documents for the Project. The Contract Documents may be obtained from the Agency’s online bidding portal (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) ). Prospective bidders are encouraged to communicate with the Agency well in advance of the Bid Submission Deadline to ensure access to the 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.

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 October 30, 2025 , at 10 a.m ., starting at the Faraday Administration Center, 1635 Faraday Ave. Carlsbad, CA 92008 for the Mandatory Pre-Bid meeting and followed by a meeting at the Veterans Memorial Park site 1420 Faraday Ave. Carlsbad, CA 92008 to 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 of the 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 omissions from the Drawings and Specifications, may promptly submit a written request for information, interpretation, clarification, or correction (“RFI”) to the Bid Administrator , the Agencies designated representative for soliciting and conducting bids on the Agencies online E- Bidding portal. (defined below). The Agency may not respond to RFIs submitted past the Q&A

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Submission Deadline. The Bidder submitting the RFI is responsible for prompt delivery to the Bid Administrator.

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

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

4. QUESTIONS.

Questions regarding this Project must be submitted through the online E-bidding portal.

Questions shall be definite and specific, and shall reference applicable drawing sheets, notes, details, or specification sections.

The cutoff date and time to submit questions or substitution requests regarding this Project via the Online Q&A feature in the e -bidding portal is November 12, 2025, at 5 p.m. Questions received after that time may not be addressed.

Responses to questions submitted during the bidding period will be published in an Addendum and made available to all prospective bidders no later than November 19, 2025, at 5 p.m. For further information, refer to the online bidding portal.

Except for the Agency’s Bid Administrator, no other members of the Agency’s staff or governing body shall be contacted regarding 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 prohibited communications.

Requests for Information (RFI) or interpretations of bid documents during the bidding period shall be submitted through the Online Q&A feature in the e-bidding portal.

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 (fifteen or more minutes after the Conference has started) and who do not sign the “Sign-In” or attendance sheet, may be disqualified from the bidding process.

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

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

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

6. ADDENDA.

The Agency may revise the Contract Documents before the Bid Submission Deadline. Revisions, if any, shall be made by written Addenda. All Addenda will be posted on the online bidding portal and it is each Bidder’s responsibility to monitor the portal for updates. All Addenda issued by the Agency shall be acknowledged by the Bidder on the online bidding portal and made part of the Contract Documents. Bidders are advised to verify the issuance of all Addenda and confirm their receipt at least one Working Day prior to the Bid Submission Deadlines. The Bidder must 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 ho urs. 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.

Determination of Apparent Low Bidder with Alternates. The Notice Inviting Bids will state the method used to determine the apparent low bid when Alternates are included (e.g., Base Bid plus listed Additive Alternates up to available funds, or Base Bid minu s listed Deductive Alternates). All bids are sealed until the Bid Submission Deadline and opened publicly; the Agency will not access pricing or bidder identities before the deadline. At bid opening, the Agency will apply the stated method to each bid, using the submitted Alternate prices, to rank bidders from lowest to highest and identify the apparent low bidder.

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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 de lete, 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:

1. Bid Form (00 41 00) – Required upon award only

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

3. Proposed Subcontractors Form (00 43 30) – Required upon award only

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

5. Non-Collusion Declaration (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 – via online bidding portal

12. Optional Escrow Agreement (00 61 30) – As applicable

13. Appendix A – Federal & State Grant Requirements at Bid-Time

14. Appendix B – Fleet Compliance Certification Form
All Bids shall be computed based on the given estimated quantities of work, as indicated in the Bid, multiplied by the unit price as submitted by the Bidder.

When paper copies are submitted, all prices must be written in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.

9. GOVERNING GENERAL PROVISIONS.

The Specifications contained in the Agency Supplemental General Provisions (00 73 00) take precedence over the specification language contained in the Standard Specifications for Public Works Construction, “the Greenbook” latest edition and all errata. The Agency 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 Agency Supplemental General Provisions shall control over the Greenbook.

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When additional small business/minority/women-owned/veteran or other special requirements by funding sources are included, the funding source’s requirements shall govern.

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

10. MODIFICATIONS OF BIDS.

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

11. BID GUARANTEE.

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

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

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

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

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

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

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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 eq ual 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 995.6 60 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 Bidd er, the Agency will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

14. OPTIONAL ESCROW FOR SECURITY DEPOSIT.

Pursuant to applicable provisions of law (i.e., Public Contract Code Section 10263), appropriate securities may be substituted for any obligation required by these instructions or for any monies withheld by the Agency to ensure performance under the Contract. Public Contract Code Section 10263 requires monies or securities to be deposited with the Agency or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the han dling 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 Supplemental General Conditions; 5-4 Insurance. If the Bid is accepted, and if requested by the Agency, Contractor shall provide Agency or preferred vendor copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Insurance Code Section 900 et seq. within 10 Calendar Days of the insurer’s receipt of a request to submit the statements.

In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the Agency the following certificate before performing the Work under the Contract:

I am aware of the provisions of Labor Code Section 3700, which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance

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in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Contract.

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

Insurance must be placed with insurers that:
1) Have a rating in the most recent Best’s Key Rating Guide of at least A-VII, or 2) Appear on the List of Approved Surplus Line Insurers, (“LASLI”) with a Best’s Key Rating Guide of at least A: X.
3) Are admitted to conduct the business of insurance in the State of California by the Insurance Commissioner.
4) Otherwise comply with all other aspects of City Council Policy No. 70.

Auto policies offered to meet the specification of this Contract must:
1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.

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

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

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

The award of the Contract by the Board is contingent upon the Contractor submitting the required bonds and insurance, as described in the Contract Documents, within 10 Working Days of bid opening. If the Contractor fails to comply with these requirements, the Agency may award the Contract to the second or third lowest Bidder and the bid security of 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 Bi dders shall provide within 10 Calendar Days, evidence satisfactory to the Agency of all valid license(s) currently held by that Bidder and each of the Bidder’s Subcontractors, before awarding the Contract.

Notwithstanding anything contained in this Contract , if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code Section 20103.5.

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17. SUBCONTRACTORS.

Bidder shall utilize the attached Proposed Subcontractors Form (00 43 30) to set forth the (a) name and address, (b) California contractor license number , (c) D epartment of Industrial Relations public works contractor registration number, and (d) the portion of the Work that will be done by each Subcontractor who will perform work, labor, furnish materials or render services to the bidder on the Contract in an amount in excess of one half of one percent (0.5%) of the total Bid Price. 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.

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

This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the Bid as non -responsive. Any Bid that proposes performance of less than 25 percent of the Work by 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 a 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 self-perform no less than twenty-five percent (25%) of the Work, which can include General Conditions, with its own forces.

Determination of the subcontract amounts for purposes of award of the Contract shall be determined by the City Council in conformance with the provisions of the Contract Documents.

The decision of the City Council shall be final.

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

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

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18. BIDDER INFORMATION AND EXPERIENCE FORM.

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

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

19. NON-COLLUSION DECLARATION.

Bidders on all public works contracts are required to submit a non-collusion declaration with their Bid. This form (00 45 10 Non-Collusion Declaration) 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 cr eated 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 eac h 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 manda tory 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

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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 req uirements under the Contract and applicable law in its Bid.

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

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

22. PREVAILING WAGES AND FEDERAL LABOR STANDARDS (STATE + HUD CPF).

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

The Veterans Memorial Park Project is funded in part by Department of Housing and Urban Development (HUD) Community Development Fund (Community Project Funding (CPF)/Congressionally Directed Spending) (B-23-CP-CA-0155) and State of California Department of Parks and Recreation Grant (C5055056) and constitutes a “public work” under California Labor Code §§1720–1861. Accordingly, the Davis -Bacon and Related Acts (DBRA), the Contract Work Hours and Safety Standards Act (CWHSSA), and the Copeland “Anti -Kickback” Act apply to covered on-site construction labor, in addition to California prevailing wage and apprenticeship requirements.

Federal (DBRA) wage decision: See Appendix A, §41 (including posted WH-1321 and HUD-4010).

State (DIR) prevailing wage determinations: See Appendix A, §41.

22.1 Higher-of Rule; Wage Decisions. Contractor and all tiers shall pay not less than the higher of (i) the applicable California DIR prevailing wage determination(s) or (ii) the applicable Federal (Davis-Bacon) wage decision(s) for the Project’s county and work type(s). The Federal wage decision(s) and State determinations are incorporated in Appendix A – Federal & State Grant Requirements. Federal wage decision modifications issued before bid opening apply; after award, subsequent modifications do not app ly unless required by HUD/ Department of Labor (e.g., delayed award), and the City issues written direction. Where State and Federal requirements differ, the more stringent governs.

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For a single contract covering both Veterans Memorial Park Project and Faraday Avenue Improvements Project, Contractor shall segregate payrolls, job cost codes, and labor hours by site ( Veterans versus Faraday) to ensure proper application of Federal versus State labor standards and for Section 3 reporting.

DBRA lock -in. If award is not made within 90 days after bid opening, the City may require application of the wage decision (or modification) in effect at the time of award consistent with 29 CFR §1.6(c), unless HUD/Department of Labor approve use of the earlier decision.

22.2 Registration; Eligibility. The Prime and all subcontractors must be currently registered with DIR (Labor Code §1725.5) at bid and throughout performance. (See Section 13 for Federal responsibility items, including SAM status and debarment/suspension.)

22.3 Posting and Notices. Contractor shall post at each Project site, in a conspicuous place accessible to workers: the Federal wage decision (VMP only), DOL poster WH-1321 (VMP only), and required California postings (both sites). Postings shall be maintained in English and other languages as required by Title VI/LEP policy (see Appendix A).

22.4 Certified Payrolls; Interviews; Access; Electronic Submittals. a) Weekly CPRs (Veterans Memorial Park Project / Federal site). For all covered on-site labor at the Veterans Memorial Park Project site, the Contractor and each tier shall submit weekly Certified Payroll Records (DOL WH-347 or equivalent) with Statements of Compliance within 7 calendar days after each pay date. Submittals must be electronic only (Procore upload to the City- designated folder or email, as directed at the Preconstruction Meeting). b) Weekly CPRs (Faraday Avenue Improvements Project / State site). For all covered on -site labor at the Faraday Avenue Improvements Project site, the Contractor and each tier shall submit weekly CPRs through DIR’s eCPR system in accordance with Labor Code §1776 and DIR regulations. Upon request by the Engineer, the Contractor shall also transmit electronic copies (exported from eCPR or equivalent) to the CM within 7 calendar days after each pay date. c) CPR content; audit -ready originals. Weekly WH-347 (or equivalent) shall follow DOL instructions (employee name and an identifying number such as the last four digits of the SSN; addresses are not part of WH-347). For State eCPR, submit the data elements required by DIR.

Upon written request from the City, HUD/DOL, or DIR for compliance review or audit, Contractor and all tiers shall promptly furnish underlying payroll records (including full addresses and full SSNs) to the extent permitted/required by law. The City will treat any non -public personal information as confidential to the maximum extent allowed by law (Labor Code §1776; Gov. Code §6254(c)).
d) Monthly compiled package (in addition to weekly). By the 10th day of each month, the Contractor shall upload a compiled CPR transmittal for the prior month (Prime + all active Subs, VMP and Faraday segregated by site) to the City’s designated Procore folder (or electronically transmit as directed). This monthly package is supplemental and does not replace the weekly submittals required by (a)–(b). The compiled package shall consolidate each week’s CPRs into a single PDF per employer per site.

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e) Field labor -compliance interviews. The City/CM (and HUD/DOL/DIR) may conduct periodic, unannounced on-site worker interviews for all trades to verify classifications, hours, and rates.

The Contractor shall facilitate access, ensure lower-tier cooperation, and promptly reconcile any variances between interview statements and CPRs.
f) Access; retention. The City/HUD/DOL/DIR may audit payrolls and related records at any time.

Records shall be retained and accessible per 2 CFR 200.334–.338, 29 CFR 5.5(a)(3), and California Labor Code §1776—not less than five (5) years after grant closeout, or longer if required. g) Single contract covering both projects. If a single contract is awarded for Veterans Memorial Park Project and Faraday Avenue Improvements Project, the Contractor shall segregate payrolls, timecards, foreman’s logs, certified payroll submissions, and all labor hours by site so that Federal (Veterans Memorial Park Project ) and State -only (Faraday Avenue Improvements Project ) compliance can be independently verified.

22.5 Classifications; Conformance; Fringe Benefits.

Assign workers to proper classifications and pay required base + fringe. If a needed Federal classification is missing, request a conformance (DOL SF -1444) before using that classification.

Misclassification, unlawful deductions, or kickbacks are prohibited (Copeland Act).

22.6 Overtime; CWHSSA. Overtime must be paid per CWHSSA for hours worked over 40 in a week (and per State daily overtime rules where more stringent). CWHSSA liquidated damages may be assessed.

22.7 Apprenticeship (State). Comply with Labor Code §1777.5 (ratios, training contributions, registrations) and related State apprenticeship requirements. Contractor and applicable subcontractors shall submit DAS-140 and DAS-142 (or successor forms) and comply with ratios and training fund contributions as required by the California Apprenticeship Council and DIR.

22.8 HUD Section 3 (24 CFR Part 75 ). This contract is subject to Section 3 at the Veterans Memorial Park Project site. The apparent low bidder must adopt the Section 3 Plan and report labor hours per Appendix A. Best-efforts benchmarks presently target 25% Section 3 worker hours and 5% targeted Section 3 worker hours, unless HUD/City set different project benchmarks. All Section 3 obligations flow down to lower tiers.

22.9 Flow-Down to Subcontracts. Include this §22 and Section 3, Appendix A – Federal & State Grant Requirements (DBRA, CWHSSA, Copeland, Section 3, posting, payrolls, access/audit, apprenticeship, and recordkeeping) in all subcontracts and purchase orders for work at the site and monitor/enforce lower-tier compliance.

22.10 Withholding; Remedies. The City may withhold payments for noncompliance with State or Federal labor standards, including to cover underpayments, penalties, and liquidated damages, and may require corrective action as a condition of further payments.

22.11 Bidder Responsibility. It is the Bidder’s sole responsibility to evaluate and include in its Bid the cost of full compliance with State and Federal labor standards under this Contract and applicable law. Bidders shall submit DIR Public Works Contractor Registration Certification (00 45 00) with the Bid and list each subcontractor’s DIR registration number on the Proposed

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Subcontractors form. Additional Federal/State grant submittals for the apparent low bidder are listed in Section 13 and Appendix A.

HUD-4010. The Federal Labor Standards Provisions ( Form HUD -4010) are incorporated by reference with the same force and effect as if set forth in full.

23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS.

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

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

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 arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

25. SUBMISSION OF SEALED BIDS.

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

At the time of bid submission, Bidders must upload a PDF copy of the Bid Guarantee in the form of a cashier’s check, properly certified check, or approved corporate surety bond payable to the Agency, to the online bidding portal.

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The three (3) apparent low Bidders must also provide the Agency with the original Bid Guarantee within three (3) business days after the bid opening date. • Failure to submit the electronic version of the Bid Guarantee with the bid will render the bid non-responsive.
• Failure to provide the original within three (3) business days may also deem the bid non- responsive.

Original Bid Bonds may be deposited in the Bid Box located in the lobby of the address below during regular business hours:

City of Carlsbad
Public Works Contract Administration
Attn: 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, only where expressly permitted in these Instructions to Bidders and the Notice Inviting Bids may Bidders submit their Bids via electronic transmission (the online bidding portal). Bids received after the Bid Submission Deadline will not be accepted. Agency may reject any Bid not strictly complying with Agency’s designated methods for delivery.

26. OPENING OF BIDS.

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

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

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

27. WITHDRAWAL OF BID.

Any Bid may be withdrawn via written letter, incurring no penalty, at any time before the scheduled closing time for receipt of Bids. Requests to withdraw Bids shall be worded to not reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the Bid

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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. 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 locate d, unless otherwise expressly provided by the Contract Documents.

30. PERMIT AND INSPECTION FEE ALLOWANCE.

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

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

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 combined total Bid price for Schedule A, Schedule B and Schedule C.

32. AWARD PROCESS.

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council 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

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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 as part of the Contract Documents.

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

35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES; SECTION 3 REQUIREMENTS.

The Agency encourages the participation of minority - and women -owned businesses in all aspects of this Project. Because this Project is funded in part with Department of Housing and Urban Development (HUD) Community Development Fund (Community Project Funding (CPF)/Congressionally Directed Spending) (B -23-CP-CA-0155) funds, Contractors and subcontractors are also subject to Section 3 requirements under 24 CFR Part 75, which mandate efforts to provide employment, training, and contracting opportunities to low - and very-low- income persons and to businesses that substantially employ such persons. Bidders shall submit all required Section 3 documentation as set forth in Appendix A – Federal & State Grant Requirements.

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

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

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38. CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
All bidders must comply with the City of Carlsbad’s Construction and Demolition (C&D) Debris Recycling Requirements, as mandated by Carlsbad Municipal Code Chapter 6.08 and SB 1383 (Short-Lived Climate Pollutants: Organic Waste Reductions). See Section 01 74 19 – Construction Waste Management and Disposal for all requirements, submittals, and closeout conditions.

END OF SECTION

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00 41 00 BID FORM
NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

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

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

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

 Attached is the required Bid Bond (00 43 10) or Bid Security (00 43 20) in the amount of not less than 10% of the Total Bid Price.
 Attached is the completed Proposed Subcontractors form (00 43 30 ). (Required upon award only)
 Attached is the completed Bidder Information and Experience form (00 45 40)  Attached is the fully executed Non-collusion Declaration (00 45 10).  Attached is the completed Iran Contracting Act Certification form (00 45 15).  Attached is the completed Public Works Contractor Registration Certification form (00 45 20).
 Attached is the completed Certificate of Insurance form (00 45 25).  Attached is the Statement of Regarding Debarment form (00 45 30)  Attached is the Disclosure of Discipline Record (00 45 35)  Attached is the Optional Escrow Agreement (if applicable) (00 61 30)  Attached is the Appendix A – Federal and State Grant Requirements Certifications Forms  Attached is the Appendix B - Fleet Compliance Certification Form

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1. BID SCHEDULE
Item Description Unit of
Measure Quantity Unit Price Total Price
Schedule A – Veterans Memorial Park
General Conditions
A-1 Mobilization & Demobilization LS 1
A-2 General Conditions LS 1
A-3 UTV EA 1
A-4
Erosion Control, SWPPP,
Implementation and
Maintenance
LS 1

A-5 Traffic Control LS 1
A-6 Record Drawings LS 1
Surveying, Construction Staking, and
Construction Control
A-7
Surveying and Construction
Staking (including horizontal
control plan)
LS 1

Demolition, Clearing and Grubbing
A-8 Clearing and Grubbing SF 1,615,000
A-9 Demolition LS 1
Grading
A-10 Rough Grading,
Export/Import/Borrow/Fill LS 1

A-11 Fine and Finish Grading LS 1
A-12 Structural Fill for Retaining
Wall CY 6,500

Drainage
A-13 Catch Basin & Grate EA 20
A-14 Atrium Drain EA 86
A-15 4" PVC Storm Drain LF 7,090
A-16 8" PVC Storm Drain LF 7,660
A-17 12" PVC Storm Drain LF 3,880
A-18 18" HDPE Storm Drain LF 940
A-19 24" HDPE Storm Drain LF 100
A-20 30" HDPE Storm Drian LF 630
A-21 Headwall (Inlet) & Trash Rack EA 14

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 26 ends

Item Description Unit of
Measure Quantity Unit Price Total Price
A-22 36"x36" Catch Basin & Grate
(outlet) EA 11

A-23 Biofiltration Area w/
Underdrain SF 17,072

A-24 Resilient Surface Drain EA 31
A-25 Concrete Weir EA 2
A-26 Inlet at Brow-Ditch EA 85
A-27 Storm Drain Cleanout - Type A,
per SDRSD D-09 EA 14

A-28 Storm Drain Cleanout - Type B,
per SDRSD D-02 EA 6

A-29 Catch Basin - Type F, per
SDRSD D-07 EA 8

A-30 Brow Ditch - Type B, per
SDRSD D-75 LF 13,740

A-31 HDPE Fitting LS 1
A-32 Subdrain LF 3,705
A-33 Subdrain to PVC Line
Connection EA 32

A-34 Storm Drain Cleanout EA 51
A-35 Synthetic Turf Subdrain
Connection EA 7

A-36 Deck Drain EA 2
A-37 Catch Basin & Grate with
Mirafi 140N Filter Fabric EA 5

A-38 Outlet Through Block Wall EA 10
A-39 Bio Clean Full Capture Filter
(Bio Grate Full 36-36-24) EA 11

A-40 Bio Clean Full Capture Filter
(Bio-Curb-Full-24) EA 6

A-41
Concrete Blanket Protection
for Pipes per SPPWC Plan 225-
3 LS 1

A-42 Un-Grouted Rip-Rap TN 30
A-43 Gravity Retaining (Splash) Wall
per SDSRSD C-09 LF 6

Utility
A-44 Construct Trench and
Resurfacing LF 200

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 27 ends

Item Description Unit of
Measure Quantity Unit Price Total Price
A-45 Concrete Encasement of Utility
Pipes LS 1

A-46 Construct 2" Potable Water
Service w/ 2" Meter EA 2

A-47 Potable Water Main
Connection (City Std. W-13) EA 2

A-48 Construct 2" PVC (Sch. 80)
Water Line LF 80

A-49 Construct 6" PVC (C900, DR18)
Public Fire Line LF 85

A-50 Remove Existing Water Service
and Cap EA 1

A-51 Public Recycled Water
Connection EA 1

A-52 Furnish and Install 2" Manual
Air Release Assembly EA 2

A-53 Install 2" Reduced Pressure
Backflow EA 2

A-54 6" PVC (C900, DR18) Private
Fire Line LF 440

A-55 Furnish and Install 6" Gate
Valves EA 2

A-56 Fire Hydrant Assembly -
Private EA 1

A-57 Fire Hydrant Assembly Public EA 1
A-58 Building Plumbing Water Line
Connection EA 3

A-59 1" PVC (Sch. 80) Water Line LF 370
A-60 6" Backflow Prevention
Assembly EA 2

A-61 3/4" PVC (Sch. 80) Water Line LF 595
A-62 Connect Domestic Water Line
to Drinking Fountain EA 4

A-63 Removing Plug & Connect to
Ex. Sewer Line EA 2

A-64 Connect to Existing Sewer Line EA 2
A-65 Construct 6" PVC Sewer
Lateral (SDR35) LF 46

A-66 4" PVC Sewer LF 595

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 28 ends

Item Description Unit of
Measure Quantity Unit Price Total Price
A-67 Sewer Cleanout EA 11
A-68 Connect Sewer Line to
Buildings EA 2

Building
A-69 Romtec North Building A
assembly LS 1

A-70 Romtec North Building B
assembly LS 1

A-71 Romtec South Building
assembly LS 1

A-72 Building Furniture, fixture and
equipment LS 1

Site Construction
Paving
A-73 Concrete Paving SF 43,125
A-74 Decomposed Granite Paving SF 169,768
A-75 Tree Well with 12" wide
Concrete Band LF 375

A-76 Decorative Color Concrete
Band LF 2,575

A-77 Color Concrete Band with
Bronze Text Inlay LF 245

A-78 Pedestrian Concrete Pavers SF 30,505
A-79 Memorial Pedestrian Concrete
Pavers SF 6,410

A-80 Truncated Domes LS 1
A-81
Existing Type 2 Trail
Improvement With Stabilized
Decomposed Granite
SF 6,800

Vehicular Paving
A-82 4" AC/9" AB Pave. (Drive
Aisles) SF 31,650

A-83 4" AC/6" AB Pave. (Parking
Stalls) SF 19,625

A-84 Full Depth A.C. Pavement per
Detail 2, Sheet ST-0.02 LF 230

A-85 Commercial Concrete
Driveway per SDRSD G-14A EA 1

A-86 Parking Lot Striping LS 1

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 29 ends

Item Description Unit of
Measure Quantity Unit Price Total Price
Wall
A-87 Block Retaining Walls SF 45,765
A-88 CIP Tapered Concrete Seat
Walls LF 250

A-89 Memorial Gateway Entry LS 1
A-90 Monument Sign EA 2
A-91 Ramp Retaining wall SF 1,390
A-92 Pilasters at Bike Park Entry EA 3
A-93 CIP Concrete Circular Seat Wall LF 295
A-94 Sloped Concrete Seat Wall LF 125
A-95 Memorial Seat Wall LF 50
A-96 Concrete Seat Wall with
veneer (2' Width) LF 130

Fence, Railing & Gate
A-97 3-Wire Habitat Fence LF 7,000
A-98 Wooden Split-Rail Fence LF 4,523
A-99 Handrail at Retaining Wall
(Walls B and C) LF 220

A-100 Guardrail at retaining walls LF 2,010
Structure
A-101 Hexagonal Shade Structure LS 1
A-102 Shade Sails EA 4
Furnishing
A-103
Trash/Recycling
Receptacles/Compost
Receptacle
EA 72

A-104 Benches EA 42
A-105 Plaza ADA Picnic Table EA 3
A-106 Play Area Seating - Precast
Concrete Classic Lounge Chairs EA 50

A-107
Play Area Seating - Precast
Concrete Classic Lounge
Bences
EA 13

A-108 Play Area Seating - Trapezoidal
End Tables EA 3

A-109 Carlsbad Bike Rack EA 8

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 30 ends

Item Description Unit of
Measure Quantity Unit Price Total Price
A-110 Bike Park Bike Rack EA 1
A-111 Bleacher EA 1
A-112 Picnic Table EA 24
A-113 Accessible Picnic Table EA 8
A-114 Drinking Fountain/Bottle Filler EA 4
Concrete Improvement
A-115 Memorial Stairs LF 60
A-116 Monolith Fitness Steps LF 1,560
A-117 Ramp LF 110
A-118 Curb per SDRSD G-01 LF 1,350
A-119 Curb & Gutter per SDRSD G-02 LF 745
A-120 Curb Ramp per SDRSD G-27 to
G-32B EA 6

A-121 3' Wide V-Gutter In Parking
Area LF 225

A-122 18" Concrete Step-out Curb (In
Parking Lot) LF 530

A-123 Curb Face (C.F.) Transition LF 115
A-124 Level Pad for Bus Stop SF 15
A-125 18" U-Gutter/Channel LF 169
A-126 Concrete Mow Curb LF 28,855
A-127 Concrete Headwall LF 462
A-128 Concrete Planter Wall LF 765
A-129 Concrete Bulkhead Edge 12" w LF 800
Misc.

A-130 Bollard (EV Charger
Protection) EA 6

A-131 Stone Boulders - #1 EA 180
A-132 Stone Boulders - #2 EA 206
A-133 Stone Boulders - #3 EA 70
A-134 Park Regulatory Signage LS 1
A-135 Memorial Panels EA 6
A-136 Memorial Flagpole EA 1
A-137 Rock Cobble Edging LF 2,160

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 31 ends

Item Description Unit of
Measure Quantity Unit Price Total Price
A-138 Trailhead Kiosk EA 1
A-139 Soil Preparation SF 986,920
A-140 Irrigation (Hydrozone 1) SF 929,705
A-141 Irrigation (Hydrozone 2) SF 138,167
A-142 Irrigation (Hydrozone 3) SF 4,482
A-143 Irrigation (Hydrozone 4) SF 27,244
A-144 Irrigation (Hydrozone 5) SF 8,875
A-145 Irrigation (Hydrozone 6) SF 24,633
A-146 Irrigation Mainline, Quick
Couplers, Gate Valves LF 13,652

A-147 Irrigation Controllers EA 7
A-148 Irrigation Points of Connection
(MV,FS,ETC.) LS 1

A-149 24" Box Tree EA 218
A-150 36" Box Tree EA 121
A-151 48" Box Tree EA 6
A-152 1 Gal. Container Planting EA 32,974
A-153 5 Gal. Container Planting EA 14,475
A-154 15 Gal. Container Planting EA 223
A-155 Hydroseeded Mixes SF 801,860
A-156 Turf SF 27,300
A-157 3" Mulch CY 9,513
A-158 120-Day Maintenance LS 1
A-159 Site Electrical Conduits,
Conductors, Trenching LS 1

A-160 Main Electrical Service LS 1
A-161 Equipment Connections LS 1
A-162 Concrete Junction Boxes EA 163
A-163 EV Chargers EA 5
A-164 EV Charger Infrastructure Only EA 21
A-165 Security Camera Infrastructure LS 1
A-166 Electrical for Irrigation System LS 1
A-167 Vehicular Light Fixture (Type
S2) EA 3

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 32 ends

Item Description Unit of
Measure Quantity Unit Price Total Price
A-168 Pedestrian Light Fixture
(S1/S1A/S1C) EA 165

A-169 Pedestrian Light Fixture (S1B) EA 3
A-170 LED Flood Light (S3) EA 4
A-171 Solar LED Bollard (S4) EA 61
A-172 Parking Area Light Bollard EA 37
A-173 Plaza Accent Lighting LS 1
A-174 Technology Improvements LS 1
A-175 Public Art Area (Allowance) AL 1
A-176 Public Art Sculpture
Installation Coordination LS 1

A-177 Pump Track SF 6,860
A-178 Beginner Pump Track SF 1,786
A-179 Small Wood Prefabricated
Features EA 4

A-180 Wood Kicker Prefabricated
Features EA 31

A-181 Large Wood Prefabricated
Features EA 7

A-182 Wallride Wood Prefabricated
Features EA 1

A-183 Soil Mix (at Bike Parks trail) SF 13,118
A-184 Specialty Asphalt Trail SF 12,500
A-185 Soil Mix (at Bike Park Paths
and Circulation areas) SF 31,445

A-186
Ride Through Tunnel with
Precast Concrete Bridge
System
EA 1

A-187 Amphitheater Seat wall LF 961
A-188 Retaining Wall LF 410
A-189 Bike Repair & Rinse Station on
Concrete Pad EA 1

A-190 Starting Gate EA 2
A-191 Finish Line EA 3
A-192 Bike Park Rules and
Regulations Sign EA 7

A-193 Bike Park Wayfinding Sign EA 11

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 33 ends

Item Description Unit of
Measure Quantity Unit Price Total Price
A-194 Metal Guardrail LF 100
A-195 Security Fence at Bike Park LF 2,012
A-196 Synthetic Turf SF 8,055
A-197 Concrete Paving SF 1,920
A-198 Decorative Color Concrete
Band LF 155

A-199 Gates at Bike Park Entry EA 2
A-200 Bike Park Maintenance Gate EA 1
A-201 Soil Preparation SF 67,230
A-202 Bike Park Irrigation
(Hydrozone 1) SF 67,230

A-203 24" Box Tree EA 29
A-204 36" Box Tree EA 11
A-205 1 Gal. Container Planting EA 2,935
A-206 Hydroseeded Groundcover SF 64,295
Playground
A-207 Play Equipment and
installation LS 1

A-208 Musical Instruments and
installation LS 1

A-209 Exercise Equipment and
Installation LS 1

A-210 Resilient Surfacing SF 37,575
A-211 Play Surfacing Mound LS 1
A-212 Synthetic Turf Mound LS 1
A-213 Fibar Surfacing CY 303
Habitat Restoration
A-214
Habitat Restoration Site
Preparation and Non-Native
Species Removal
LS 1

A-215 Habitat Restoration Irrigation
Installation (Hydrozone 7) LS 1

A-216 Habitat Restoration Planting LS 1
A-217 120-Day Establishment Period LS 1
Schedule B - Faraday Improvements Project

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 34 ends

Item Description Unit of
Measure Quantity Unit Price Total Price
B-1 Mobilization & Demobilization LS 1
B-2
Storm Water Pollution
Prevention and Erosion
Control
LS
1 B-3
Construction Staking,
Monument Preservation and
Restoration
LS
1 B-4 Traffic Control LS 1
B-5 Clear and Grub Existing
Landscaping SF 1,650
B-6 Full Depth Existing AC and AB
Pavement Section Removal CY 55
B-7 PCC Curb & Gutter Removal LF 220
B-8 PCC Sidewalk Removal SF 1,160
B-9 PCC Median Curb Removal LF 460
B-10 PCC Median Removal SF 1,280
B-11 Remove and Relocate Street
Lighting Junction Box. EA 1
B-12
Remove and Reset Existing
Conflicting Irrigation
Equipment
LS
1 B-13 Asphalt Concrete (AC) TN 50
B-14 7" PCC Pavement SF 800
B-15 Class 2 Aggregate Base (AB) CY 60
B-16 Slurry Seal, Type II SY 9,000
B-17 4" PCC Sidewalk SF 1,000
B-18 Curb and Gutter LF 180
B-19 Type B-1 6" PCC Median Curb LF 420
B-20 4" Concrete Safety Strip SF 180
B-21 4" PCC Median SF 330
B-22 Curb Ramp EA 4
B-23 PCC Cross Gutter SF 800
B-24 Brow Ditch LF 190
B-25 Signing and Striping LS 1
Schedule C – Habitat Restoration
C-1 Habitat Restoration Five-Year
Maintenance and Monitoring LS 1

C-2 Removal Irrigation System
After Five Years LS 1

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 35 ends

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

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

2. TOTAL BID PRICE

Total amount of bid (in figures) for Schedule “A” $ ____________________________________ Total amount of bid (in words) for Schedule “A” :
____________________________________________________________________________ ____________________________________________________________________________ Total amount of bid (in figures) for Schedule “B” $ ____________________________________ Total amount of bid (in words) for Schedule “B”:
____________________________________________________________________________ ____________________________________________________________________________ Total amount of bid (in figures) for Schedule “C” $___________________________________ Total amount of bid (in words) for Schedule “C”:
____________________________________________________________________________ ____________________________________________________________________________

Total Bid Price (in figures) for Schedule “A, B and C” $_________________________________ Total Bid Price (in words) for Schedule “A , B and C”:
____________________________________________________________________________ ____________________________________________________________________________ In case of discrepancy between the written price, the numerical price, or the price as submitted via the online bidding portal, the online bidding portal price shall prevail.

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 36 ends

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 award ing the Contract to the next lowest responsible Bidder and the Bid Security of the lowest Bidder may be forfeited.

Upon receipt of the signed Contract and other required documents, the Agency will proceed to execute the Contract and issue a purchase order 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 require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and 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 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):

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 37 ends

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

Organized under the laws of the State of ________________________.

 an individual
 a partnership
 a corporation

[SIGNATURES ON FOLLOWING PAGE]

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 38 ends

IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:

I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct.

1 Name under which
business is
conducted

______________________________________________________

2 Signature (given and
surname) of
proprietor

Printed/Typed Name

______________________________________________________

3 Place of Business
(Full Address: street,
number, city, state,
zip)

______________________________________________________

4 Telephone Number ______________________________________________________

5 Email ______________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 39 ends

IF A PARTNERSHIP, SIGN HERE:

1 Name under which
business is
conducted

______________________________________________________

2 Signature (given and
surname and role)
(Note: Signature
must be made by a
general partner)

Printed/Typed Name

______________________________________________________

3 Place of Business
(Full Address: street,
number, city, state,
zip)

______________________________________________________

4 Telephone Number ______________________________________________________

5 Email ______________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 40 ends

IF A CORPORATION, SIGN HERE:

1 Name under which
business is
conducted

______________________________________________________

2 Signature (given and
surname and Title)
(Note: Signature
must be made by
someone who can
bind the
corporation)

Printed/Typed Name

______________________________________________________

3 Place of Business
(Full Address: street,
number, city, state,
zip)

______________________________________________________

4 Telephone Number ______________________________________________________

5 Email ______________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

00 41 10 BID FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 41 ends

List below names of president, vice president, CFO, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners:

Approved as to form this ___________________day of _____________________ 20_______.

______________________________________________
Attorney for Contractor

END OF SECTION

00 43 10 BID BOND FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 42 ends

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

NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

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

If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal provides all required documents to the Agency and is awarded the Contract; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

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

In the event a lawsuit is brought upon this bond by the Agency and judgment is recovered, the Surety shall pay all litigation expenses incurred by the Agency in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

[SIGNATURES ON FOLLOWING PAGE]

00 43 10 BID BOND FORM Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 43 ends

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

PRINCIPAL:

___________________________________
(Name of Principal)

By:

___________________________________
(sign here)

___________________________________
(Print name here)

___________________________________
(Title and Organization of Signatory)

Executed by SURETY

this ______day of ________________, 20____

SURETY:

_____________________________________
(name of Surety)

_____________________________________
(address of Surety)

_____________________________________
(telephone number of Surety)

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

_____________________________________
(printed name of Attorney-in-Fact)

Required Attachments:
 Corporate resolution showing current power of attorney.  Proper execution by PRINCIPAL.
 Proper notarial acknowledgment of execution by SURETY.  President or vice -president and CFO, secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.

END OF SECTION

00 43 20 BID SECURITY Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 44 ends

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

NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

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

_______________________________________
BIDDER
Required Attachments:

 Certified Check or Cashier’s Check

END OF SECTION

00 43 30 PROPOSED SUBCONTRACTORS FORM Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 45 ends

00 43 30 PROPOSED SUBCONTRACTORS FORM
NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER: __________________________________

In compliance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.), Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number, and (d) the portion of the Work which will be done by each Subco ntractor 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. No twithstanding 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 required.

(Signature of Bidder)

00 43 30 PROPOSED SUBCONTRACTORS FORM Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 46 ends

Name of
Subcontractor
Business
Location
(i.e. City)
CSLB
Contractor
License
No. / Exp.

Date
DIR
Registration
No. / Exp.

Date
Type of Work
to be done by
Subcontractor
% of
Work
Amount of
Work by
Subcontractor
in Dollars*

Pursuant to Public Contract Code Section 4104, subdivision (a)(3)(A), receipt of the information preceded by an asterisk (*) may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”

END OF SECTION

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 47 ends

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

INFORMATION ABOUT BIDDER

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

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

1. Type, if Entity:

2. Bidder Address:

a. Facsimile Number

b. Telephone Number

c. Email Address

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

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

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

a. Date of Incorporation:

b. State of Incorporation:

c. President’s Name:

d. Vice-President’s Name(s):

e. Secretary’s Name:

f. Treasurer’s Name:

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 48 ends

g. CFO’s Name: _______________________________

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. List Bank References (Bank and Branch Address):

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

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 49 ends

VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder:

Signature ________________________________________________________________

Name ______________________________________________________________________

Title ______________________________________________________________________

Date ______________________________________________________________________

END OF SECTION

00 45 10 NON-COLLUSION DECLARATION Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 50 ends

00 45 10 NON-COLLUSION DECLARATION

NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

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

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

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

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or co nference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown of it, or the contents of it, or divulged information or data relative to it, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent of these, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and c orrect a nd that this d eclaration is e xecuted ________________ 20 ____ at _______________ [city], _____ [state].

Signature _________________________________

Name _________________________________

Title _________________________________

END OF SECTION

00 45 15 IRAN CONTRACTING ACT CERTIFICATION Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 51 ends

00 45 15 IRAN CONTRACTING ACT CERTIFICATION
NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

As required by Public Contract Code Section 2204, the Contractor certifies subject to penalty of perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

 The Contractor is not:

1) identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

 The Agency has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the Agency will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

 The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature: Date:

Name: Title:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for 3 years.

END OF SECTION

00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 52 ends

00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

Pursuant to Labor Code Sections 1725.5 and 1771.1, all Contractors and Subcontractors that wish to Bid on, be listed in a Bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations. See Public Works (ca.gov) for additional information.

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

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

Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:

Bidder further certifies:

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

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

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

Signature: Date:

Name: Title:

END OF SECTION

00 45 25 CERTIFICATE OF INSURANCE Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 53 ends

00 45 25 CERTIFICATE OF INSURANCE
NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

Bidder must attach either of the following to this page.

 Certificates of insurance showing conformance with the requirements for each of:

a. Comprehensive General Liability
b. Automobile Liability
c. Workers’ Compensation – Statutory Limits/Employers’ Liability d. Employee Blanket Fidelity Bond
e. Pollution Liability
f. Builders Risk – Builder’s Risk/Course of Construction

 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 30 STATEMENT REGARDING DEBARMENT Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 54 ends

00 45 30 STATEMENT REGARDING DEBARMENT
NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

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

 YES
 NO

2. If yes, what was/were the name(s) of the public agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than 2 debarments.

__________________________________
party debarred

__________________________________
public agency

__________________________________
period of debarment

___________________________________
party debarred

___________________________________
public agency

___________________________________
period of debarment

BY CONTRACTOR:

By: __________________________________
(sign here)

___________________________________
(print name/title)

Page _____ of _____ pages of this Statement Regarding Debarment form

END OF SECTION

00 45 35 DISCLOSURE OF DISCIPLINE RECORD Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 55 ends

00 45 35 DISCLOSURE OF DISCIPLINE RECORD
NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a latent act or omission is filed within 4 years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Re gistrar, 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
 NO

4. Has the suspension or revocation of the license of any Subcontractors that you propose to perform any portion of the Work ever been stayed?
 YES
 NO
 N/A

00 45 35 DISCLOSURE OF DISCIPLINE RECORD Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 56 ends

5. If the answer to either of 1 or 3 above is “yes,” fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertains to, the nature of the violation and disciplinary action taken.

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

6. If the answer to either of 2 or 4 above is “yes,” fully identify, in each and every case, the party whose discipline was stayed, the date of and the violation that the disciplinary action pertains to, the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.

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

BY CONTRACTOR:

By: __________________________________
(sign here)

__________________________________
(print name and title)

END OF SECTION

00 52 00 CONTRACT Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 57 ends

00 52 00 CONTRACT
This Project No . 4609 and Project No. 6099 (“Contract”) is made and entered into this ____________ day of ________________________________, 20___, by and between the City of Carlsbad (“Agency”) and ____________________________________ (“Contractor”), whose principal place of business is
_______________________________________________________.

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 : Veterans Memorial Park Project and Faraday Avenue Improvements 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 four hundred fifty -six days (456) Working days from the commencement date stated in the Notice to Proceed. In addition, the Contractor shall perform Mitigation Site Maintenance and Monitoring for a period of five (5) years after acceptance of the construction Work. The Mitigation Maintenance and Monitoring obligation is a continuing requirement of this Contract but shall not extend the Contract Time for purposes of determining Substantial Completion or assessing liquidated damages . Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

3. CONTRACT PRICE.

The Agency shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions made in accordance with the Contract Documents, and including all applicable taxes and costs, the sum of
__________________________________________________ Dollars ($ __________). Payment shall be made as set forth in the General Conditions.

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

00 52 00 CONTRACT Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 58 ends

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 Agency 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 Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents.

5. CONTRACT DOCUMENTS.

The “Contract Documents” include the following:

● 00 11 10 Notice Inviting Bids
● 00 21 10 Instructions to Bidders
● 00 41 00 Bid Form
● 00 42 10 Bid Bond or 00 43 20 Bid Security
● 00 43 30 Proposed Subcontractors
● 00 43 40 Bidder Information and Experience
● 00 45 10 Non-Collusion Declaration
● 00 45 15 Iran Contracting Act Certification
● 00 45 20 Public Works Contractor Registration Certification ● 00 45 30 Statement of Regarding Debarment
● 00 45 35 Disclosure of Discipline Record
● 00 52 10 Contract
● 00 61 10 Labor and Materials Bond
● 00 61 20 Faithful Performance and Warranty Bond
● 00 61 30 Optional Escrow Agreement (if applicable)
● 00 73 00 Agency 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

00 52 00 CONTRACT Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 59 ends

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
● 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, inc luding, 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.

[SIGNATURES ON FOLLOWING PAGE]

00 52 00 CONTRACT Date Printed: October 17, 2025
Document Version: 1.0 Current Update: May 2023

Page 60 ends

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED

(CORPORATE SEAL)
CONTRACTOR City of Carlsbad

By: By:

(sign here)

KEITH BLACKBURN, Mayor

(print name/title)
ATTEST: SHERRY FREISINGER, City Clerk
By:

(sign here) Deputy / Assistant City Clerk

(print name/title)

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

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

Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Assistant City Attorney

END OF SECTION

00 61 10 LABOR AND MATERIALS BOND Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 61 ends

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

WHEREAS, the City of Carlsbad ( “Agency”) has awarded to (“Principal,”) a Contract for the Work described as follows: Contract No. PWS26-3865PKS, Project Nos. 4609 and 6099, Veterans Memorial Park Project and Faraday Avenue Improvements 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 , as Surety, are held and firmly bound unto the Agency in the penal sum of___________________________________ Dollars ($______ ____________), for the payment
of which sum being an amount equal to 100% of the total amount payable under the terms of the Contract by the Agency, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, succes sors, or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or its Subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100 ; fail to pay for any materials, provisions , provender, equipment, or other supplies, used in, upon, for or about the performance of the Work contracted to be done; fail to pay for any Work or labor of any kind performed under the Contract; fail to pay amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract; or fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of Principal or its Subcontractors pursuant to Unemployment Insurance Code Section 13020 or Revenue and Taxation Code Section 18663, with respect to the Work or labor, then the Surety will pay for the same, in an amount not exceeding the penal sum specified above, and also, in 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 61 10 LABOR AND MATERIALS BOND Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 62 ends

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.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

00 61 10 LABOR AND MATERIALS BOND Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 63 ends

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

PRINCIPAL:

____________________________________
(name of Contractor)

By:_________________________________
(sign here)

____________________________________
(print name here)

____________________________________
(title and organization of signatory)

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

SURETY:

____________________________________
(name of Surety)

____________________________________
(address of Surety)

____________________________________
(telephone number of Surety)

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

____________________________________
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)

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

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

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Assistant City Attorney

END OF SECTION

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 64 ends

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

WHEREAS, the City of Carlsbad ( “Agency”) has awarded to ________________ (“Principal,”) a Contract for the Work described as follows: Contract No. PWS26-3865PKS, Project Nos. 4609 and 6099, Veterans Memorial Park Project and Faraday Avenue Improvements 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, the Work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ____________, (“Contract Documents”), the terms and conditions of which are incorporated by reference; and

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

NOW THEREFORE, we, Principal, and
, as Surety, are held and firmly bound unto the Agency in the penal sum of dollars ($ ____________),
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 City Council , 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

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 65 ends

or damage resulting from or caused by defective materials or faulty workmanship in connection with Contractor’s Work on the Project, the obligations of Surety under this bond shall continue so long as any obligation of Principal remains to the Agency. Nothing in this bond shall limit the Agency’s rights or the 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 conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the Agency, and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term “balance 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 waives

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 66 ends

notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

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

[SIGNATURES ON FOLLOWING PAGE]

00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 67 ends

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

PRINCIPAL:
____________________________________
(name of Contractor)

By:_________________________________
(sign here)
____________________________________
(print name here)
____________________________________
(title and organization of signatory)

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

SURETY:
____________________________________
(name of Surety)
____________________________________
(address of Surety)
____________________________________
(telephone number of Surety)

By: _________________________________
(signature of Attorney-in-Fact)
____________________________________
(printed name of Attorney-in-Fact)

(attach corporate resolution showing current
power of attorney)

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

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Assistant City Attorney

END OF SECTION

00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: October 17, 2025 Document Version: 1.0 Current Update: May 2023

Page 68 ends

00 61 30 OPTIONAL ESCROW AGREEMENT
NAME OF PROJECT: Veterans Memorial Park Project and Faraday Avenue Improvements Project

NAME OF BIDDER:

This Escrow Agreement is made and entered into by and between the City of Carlsbad, Carlsbad, California, 92008 ("Agency"), whose address is
("Contractor") and
whose address is
("Escrow Agent").

Agency, Contractor and Escrow Agent agree as follows:

1. Pursuant Public Contract Code Section 22300, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Agency pursuant to the construction contract entered into between Agency and Contractor for Veterans Memorial Park Project in the amount of ___________ dated __________ ("Contract").

Alternatively, on written request of Contractor, Agency shall make payments of the retention earnings directly to Escrow Agent. When the Contractor deposits the securities as a substitute for Cont ract earnings, Escrow Agent shall notify Agency within 10 Calendar D ays of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract. Securities shall be held in Agency’s name and shall designate Contractor as the beneficial owner.

2. Agency shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that Escrow Agent holds securities in the form and amount specified above.

3. When Agency makes payment of retentions earned directly to Escrow Agent, Escrow Agent shall hold them for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when Agency pays Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of Agency. These expenses and payment terms shall be determined by Agency, Contractor, and Escrow Agent.

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

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from

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Agency to Escrow Agent that Agency consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. Agency shall have a right to draw upon the securities in the event of default by the Contractor.

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

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

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

10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of Agency and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

For Agency
(Finance
Director)

Title _________________________________________________________

Name
_____________________________________________________________

Signature
_____________________________________________________________

Address
_____________________________________________________________

For Contractor

Title
_____________________________________________________________

Name
_____________________________________________________________

Signature
_____________________________________________________________

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Address
_____________________________________________________________

For Escrow
Agent

Title
_____________________________________________________________

Name
_____________________________________________________________

Signature
_____________________________________________________________

Address
_____________________________________________________________

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

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

For Agency Title
______________________________________________________________

Name
______________________________________________________________

Signature
______________________________________________________________

Address
______________________________________________________________

For Contractor

Title
______________________________________________________________

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Name
______________________________________________________________

Signature
______________________________________________________________

Address
______________________________________________________________

For Escrow
Agent

Title
______________________________________________________________

Name
______________________________________________________________

Signature
______________________________________________________________

Address
______________________________________________________________

APPROVED AS TO FORM:

CINDIE K. McMAHON, City Attorney

BY: _____________________________
Assistant City Attorney

END OF SECTION

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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. These Agency Supplemental General Provisions address the unique conditions in Carlsbad that are not addressed in The Greenbook. Therefore, if there is a conflict, these Agency Supplemental General Provisions shall control.

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

When used in the Contract Documents, statements, or command phrases (active voice and imperative mood) refer to and are directed at the “Bidder” or “Contractor” as applicable. The specifications are written to the “Bidder” before award and the “Contractor” after award. Before award, interpret sentences written in the imperative mood as starting with “The Bidder shall.” Interpret the term “you” as “the Bidder” and interpret the term “your” as “the Bidder’s.” After award, interpret sentences written in the imperative mood starting with “The Contractor shall.” Interpret the term “you” as “the Contractor” and interpret the term “your” as “the Contractor’s.” PART 1 GENERAL PROVISIONS
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND

SYMBOLS
1-1 GENERAL
ADD the following after the first paragraph of Section 1-1:

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

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intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the Work as required and as approved by the Engineer,” unless stated otherwise.

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 terms in Section 1-2:

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 perform construction work.

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

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

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

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

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

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

10. Bid - Any offer or proposal submitted to the Agency on the prescribed form(s) in competitive bidding for the construction, alteration, repair, or improvement of any structure, building, road or other improvement of any kind.

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

12. 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.

13. Business Day - See Working Day.

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

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

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

17. 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.

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

19. 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.

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

21. 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.”

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

23. 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.

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

25. 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.

26. 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.

27. Days – Days shall mean consecutive calendar days unless otherwise specified.

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

29. 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 -

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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.

30. 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.

31. Dispute Board – Persons designated by the City Manager to hear and advise the City Manager on Potential Claims and Claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution.

32. Drawings - See Plans.

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

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

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

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

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

38. 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.

39. 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.

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

41. Float – The number of days by which an activity in the 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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42. Holiday – For purposes of the Project, the following days:

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 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.

43. 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.

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

45. Night Work - See Working Night.

46. Normal Working Hours - Unless specified otherwise, Normal Working Hours core periods shall be 7:00 a.m. to 5:00 p.m. Monday through Friday, inclusive. Saturdays, Sundays, and Agency Holidays are excluded. For Traffic Control Permits, Normal Working Hours for any work requiring the setup of approved traffic control plans are defined as 8:30 a.m. to 3:30 p.m., unless specified otherwise.

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

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

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

50. Prime Contractor - See Contractor.

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

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52. Project – Veterans Memorial Park and Faraday Improvements Project

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

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

55. Quality Control Standards and Procedures - The standards and procedures that are stated in a written manual that must 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.

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

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

58. 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.

59. 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.

60. 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.

61. 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.

62. 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.

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

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

65. Specifications - The written portion of the Contract Documents that set forth the requirements for materials, equipment, systems, standards, and workmanship for the Work. The Specifications define the quality and performance standards to be achieved, the procedures for construction and installation, and the criteria by which the Work will be judged for compliance and acceptance. The Specifications are complementary to the Drawings and other Contract Documents, and together they describe and govern the complete scope of the Work to be performed under the Contract.

66. Supplemental Provisions – See Agency Supplement.

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

68. Total Bid Price – The sum of all schedules on 00 41 00 Bid Form.

69. Unit Price - The cost per individual unit of work, material, or service as specified in the Bid Schedule. It represents the amount the Contractor will be paid for each unit of work completed, such as per cubic yard, linear foot, square foot, or each individual item.

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 abbreviations:

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

CDP Coastal Development Permit
CFR Code of Federal Regulations
CGP Construction General Permit

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

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NTP Notice to Proceed
OC On Center
ODP Open Drip Proof
OFNR Optical Fiber Nonconductive Riser
OTDR Optical Time Domain Reflectometer
PB Pull Box
PCMS Portable Changeable Message Signs
PCU Photoelectric Control Unit
PEP Plant Establishment Period
PIC Polyethylene Insulated Cable
PL Property Line
RFP Request for Proposal
RFI Request for Information
RPMS Rubber Polymer Modified Slurry
SIC Standard Industry Classification
SMS Short Message Service
SMTP Simple Mail Transfer Protocol
SOW Statement of Work, Scope of Work
SOV Schedule of Values
SPDT Single Pole Double Throw
SSD Surge Suppression Devices
TDR Time Domain Reflectometer
TEES Transportation Electrical Equipment Specifications TFFN Thermoplastic Flexible Fixture Wire Nylon Jacketed TIG Tungsten Inert Gas
UF Underground Feeder
UPRR Union Pacific Railroad Company
SWPPP Storm Water Pollution Prevention Plan
VAC Volts AC
VPC Vitrified Polymer Composite
WBE Women Business Enterprise
1-3.3 Institutions.

ADD the following abbreviations:

AMTRACK American Track National Railroad Passenger Corp.

ANSI American National Standards Institute
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
ANSI American National Standards Institute
API American Petroleum Institute
AREA American Railway Engineering Association
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association

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AWS American Welding Society
AWWA American Water Works Association
BNSF Burlington Northern Santa Fe Railway
CMWD Carlsbad Municipal Water District
DEHQ Department of Environmental Health and Quality
DSD Development Services Department
FHWA Federal Highway Administration
GRI Geosynthetic Research Institute
IPCEA Insulated Power Cable Engineers Association
IES Illuminating Engineering Society (Photometric Data) ISO International Organization for Standardization
MTS San Diego Metropolitan Transit System
NACE National Association of Corrosion Engineers
NAFP National Association of Pipe Fabricators
NCTD North County Transit District
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) NPSI National Playground Safety Institute
PCI Prestressed Concrete Institute
SDCWA San Diego County Water Authority
SANDAG San Diego Association of Governments
SD&AE San Diego & Arizona Eastern Railroad
SDTI San Diego Trolley, Inc.

UL Underwriters’ Laboratories Inc.

USGS United States Geological Survey
UPRR Union Pacific Railroad Company
1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 Subcontractor Listing.

REPLACE the last paragraph of this subsection with the following:

Section 4110 of the Public Contract Code provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Agency may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the Subcontract involved, after a public hearing.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 General.

DELETE in its entirety and SUBSTITUTE with the following:
1-7.1 Standard Contract Provisions.
1-7.1.1 Successor’s Obligations.

All grants, covenants, provisions and claims, rights, powers, privileges and abilities contained in the Contract Documents shall be read and held as made by and with, and

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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 the public works contract or the subcontract.
b. This assignment shall be made and become effective at the time the awarding body tenders to the Contractor, without further acknowledgment by the Parties.
1-7.2 Contract Bonds.

MAKE the following changes to this subsection.

ADD the following as a new last sentence to the third paragraph regarding the “Payment Bond”:

The Payment Bon d shall be released 6 months plus 30 Calendar Days after recordation of the Notice of Completion if all claims have been paid.

REPLACE the second to last sentence of the fourth paragraph regarding the “Performance Bond” with the following two sentences:

The Performance Bond must remain in effect until the end of all warranty periods set forth in the Contract Documents and until all warranty repairs are completed to the satisfaction of the Engineer. The Performance Bond will be reduced to 25 percent of the original amount 30 Calendar Days after recordation of the Notice of Completion.

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REPLACE the first sentence of the seventh paragraph with the following sentence:

Should any surety at any time be unsatisfactory to the Agency, notice to that effect will be given to the Contractor.

ADD the following provisions after the eighth paragraph:

In addition to the requirements above, 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.

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.

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.

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

ADD the following new subsection:
1-7.2.1 Payment. Payment for bonds, including all bond premiums, costs, and incidentals, shall be made at the Contract price for the Bid item for Bonds and shall constitute full compensation.

If no such Bid item exists, payment for bonds, including all bond premiums, costs, and incidentals, shall be included in the various Bid items and no separate payment will be made.

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SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
ADD the following provisions to this section after the first paragraph:

If the need for specific work is not explicitly included in the Specifications or Plans but can reasonably be inferred as necessary to achieve the intended result, the Contractor shall notify the Agency in writing for clarification prior to proceeding. The Agency shall determine whether the work is required and whether it will be included at no additional cost or addressed through a change order.

Where approval or acceptance by the Agency is required, only a general approval is required.

However, such approval does not relieve the Contractor from the Contractor’s responsibility for complying with all Applicable Laws , codes, and best industry practices. Contractor has its obligation to fulfill all conditions of the Contract.

In accordance with the provisions of California Law, the Contractor shall possess or require the Contractor’s Subcontractor(s) to possess valid appropriate license(s) for the Work being performed as conveyed in the Bidding Documents.
2-2 PERMITS
DELETE this section in its entirety and REPLACE with the following:
2-2 PERMITS, FEES, AND NOTICES

1. The Contractor shall obtain and pay for all business taxes, business licenses, permits, and fees required for constructing the Project and licenses and inspections necessary for the proper execution and completion of the Work, unless specified otherwise in the Contract Documents.

Resource Agency Permits.
i. The Department of Environmental Health and Quality
a. The To the extent that there is a change in the type or cost of any of such permits, fees, licenses, or inspection occurring after Award of Contract, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions.
b. The Contractor shall comply with and give notices required by applicable laws. The Contractor is not entitled to damages or additional payment for delays attributable to the acquisition of permits.
c. The Contractor shall pay the Agency for regulatory fees, fines, or penalties imposed on the Agency arising from the Contractor’s failure to complete the Work in accordance with the Contract Documents.

2. Contractor shall not begin work until all permits incidental to the Work are obtained. This includes, and is not limited to, encroachment, right-of-way, grading and building permits necessary to perform Work for this Contract on Agency property, streets, or other rights- of-way. Permits for night work, overload, blasting, demolition, and disposal of all materials removed from the Project are also Contractor’s responsibility.

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3. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the Project. The cost of the permit(s) shall be included in the price Bid for the appropriate Bid item and the Agency shall not pay additional compensation for Contractor to obtain such permits.

4. Permits shall be maintained in valid status until acceptance of the Work by the Agency. 2-2.1 Building Permits.

1. The Contractor shall obtain the required building permits from Agency’s permitting departments. Any prior approval obtained for the Plans shall not in any way waive this requirement.

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

3. The payment for procuring Building Permits shall be included in the Allowance Bid item for “Building Permits.” If no such Bid item is included in the Bid Schedule, payment shall be included in the various Bid items and no additional payment shall be made. 2-2.2 Caltrans Encroachment Permit.

1. Unless specified otherwise, the Agency has applied for the Caltrans Encroachment Permit. a. The Contractor shall pay for and secure the permit prior to construction. b. The Contractor shall arrange and pay for inspection as required by Caltrans.

2. The Contractor is solely responsible for permit processing delays to the Contract Time that result from incomplete or inaccurate information provided by the Contractor to the Agency or Caltrans.

3. When applicable, the payment for procuring Caltrans Encroachment Permits including any inspection fees shall be included in the allowance Bid item for “Caltrans Encroachment Permit.” If no such Bid item is included in the Bid schedule, payment shall be inc luded in the various Bid items and no additional payment shall be made. 2-3 RIGHT-OF-WAY
REPLACE this section in its entirety with the following:

Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency (See 2- 2 Permits, Fees and Notices for permitting requirements). The Contractor shall arrange , 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 coordinate access to private property with the property owner. 2-4 COOPERATION AND COLLATERAL WORK
ADD the following new paragraph to the end of this section:

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The Contractor shall coordinate and cooperate with all utility companies during the mark-out and locating of their facilities and during their relocation or construction if necessary. The Contractor may be granted a time extension per Section 402-5 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.

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.1 General.

ADD the following as a new last sentence to the first paragraph of this subsection, and a new second sentence:

These accommodations shall comply with all Applicable Laws pertaining to public health and sanitation of dwellings and camps.

Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill.

2-5.2 Temporary Utility Services.

ADD the following as a new last sentence to the first paragraph of this subsection:

These include piping, wiring, lamps, and other equipment necessary for the Work.

ADD the following new provisions to the end of this subsection:

The Contractor shall obtain a construction meter for water used for the construction, testing, disinfection and flushing of new water or sewer facilities, vegetation establishment and maintenance, site maintenance, landscaping, cleanup, and all other work requiring water. The Contractor shall contact the water agency that serves the Work site for requirements. a. Construction meters shall be limited to 2 meters, 3” size, with backflow protection devices and installed on existing fire hydrants in the Project vicinity and as approved by the CMWD.

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.

2-5.3 Crushing and Screening Operations.

REPLACE this subsection in its entirety with the following:

The establishment and operation of portable screens and crushers will not be allowed on or adjacent to the Work site except by the prior written approval of the Engineer.

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2-5.3 Haul Routes.

REPLACE this subsection in its entirety with the following:

Haul routes shall be determined by the Contractor. See 2-2 Permits, Fees and Notices.

2-6 CHANGES REQUESTED BY THE CONTRACTOR
ADD the following as a new last sentence of this subsection:

If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency.

ADD the following subsection:
2-6.1 Cost Reduction Proposal.

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

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

3. The following information must be included in the cost reduction proposal:
a. A description of both the existing Contract requirements for performing the Work and the proposed changes.
b. An itemization of the Contract requirements that shall be changed if the proposal is adopted.
c. A detailed estimate of the cost of performing the Work under the existing Contract and under the proposed change.
d. A statement of the time within which the Engineer shall act on the cost reduction proposal.
e. The Contract items of Work affected by the proposed changes, including any quantity variation attributable thereto.

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

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disregard the Contract Bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of the Work to be performed or to be deleted.

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

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

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

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

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

13. The Agency expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Agency when it determines that the proposal is 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 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 as a final sentence to this subsection:

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.

ADD the following subsections:

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2-7.2 Payment-Contract Unit Prices.

1. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the Work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price.

2. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual q uantity of the item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 2-7.3 or 2-7.4 as appropriate.

3. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the Work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 2-7.6. 2-7.3 Payment – Increases of More than 50 Percent.

Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjust ment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2-8. The Extra Work per Section 2-8, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price.
2-7.4 Payment – Decreases of More than 50 Percent
Should the actual quantity of an item of Work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2-8; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 2-7.5 Stipulated Unit Prices.

Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified i n the Supplemental General Provisions.
2-7.6 Agreed Prices.

Agreed Prices are prices for new or unforeseen Work, or adjustments in Contract Unit Prices per Section 2 -7.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the

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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 that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of Change Orders to the Project.
2-7.8 Eliminated Items.

Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material 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 as a new final sentence to this section:

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 new provisions to the end of this section:

The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a Change Order, or for the occurrence of any event or other cause, unless the Contractor shall have first given the Engineer written notice of potential claim as specified in this section. Compliance with this section is not a prerequisite to notice provisions in Section 6 -4.2 Extensions of Time, nor to any claim that is based on differences in measurement or errors of computation as to Contract quantities. The Contractor’s failure to give written notice of a potential claim for changed conditions to the Agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith.

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

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believes additional compensation may be due and the nature of any and all costs involved within 10 Working Days of the date of service of the written notice of potential claim for Changed Conditions. Verbal notifications will not be accepted.

Claims must 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:

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 later-filed Claim.

2-10 DISPUTED WORK
ADD the following new subsections:

2-10.1 Claims.

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.

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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 Partial and Final Payment, 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 , or the time specified for such Claim in these specifications, whichever is earlier . 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 be sufficient cause for denying the Claims.

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

1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price, Contract Time, or other relief associated with a dispute arising under or relating to the Contract, including a breach of any provision of the Contract. A voucher, invoice, payment application or other routine request for payment is not a Claim. A Claim shall conform to these specifications and may be considered after the City has previously denied a request from the Contractor for a Change Order seeking the demanded relief. The Contractor shall, consistent with 2 -10.1.2, give the Agency written notice of Claim prior to commencing any Disputed Work. Failure to give the notice shall constitute a waiver of all Claims in connection with the Disputed Work. If the Contractor and the Agency are unable to reach agreement on Disputed Work, the Agency may direct the Contractor to proceed with the Work and such direction shall not be construed as the Agency directing the Contractor’s mean-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. Project Inspector

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ii. Construction Manager
iii. Deputy City Engineer/Engineering Manager
For Claims with a monetary value greater than $50,000:
iv. Project Inspector
v. Construction Manager
vi. Deputy City Engineer/Engineering Manager
vii. City Engineer
viii. City 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 additional 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 Deputy City Engineer/Engineering Manager for claims less than $50,000 and/or up to the City Manager for the City of Carlsbad or Executive Manager for the Carlsbad Municipal Water District for claims greater than $50,000 after which the Contractor may proceed under the provisions of the Public Contract Code. The Agency’s failure to state a position or otherwise respond to a Claim with in 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 or Executive Manager for the Carlsbad Municipal Water District. Actual approval of the Claim is sub ject 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 Claimant a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Up on 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

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mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Claimant a written statement identifying the disputed portion and the undisputed portion.

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

(2)(A) If the Claimant disputes the public entity's written response, or if the public entity fails to respond to a Claim issued pursuant to this section within the time prescribed, the Claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity 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 dispu ted portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

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(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 responsib ility 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 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 Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the Claim to the public entity and, if the original Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not having done so. (e) 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.

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

In addition, all Claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code Section 20104 et seq., applicable provisions of which are included below:
20104.2 For any Claim subject to this article, the following requirements apply:
(a) The Claim shall be in writing and include the documents necessary to substantiate the Claim. Claims must be filed on or before the date of final 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 documentation supporting the Claim or relating to defenses to the Claim the local agency may have against the Claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the Claimant.
(3) The local agency's written response to the Claim, as further documented, shall be submitted to the Claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Claimant in producing the additional information, whichever is greater.
(c)(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 the additional information or requested documentation, whichever is greater. (d) If the Claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the Claimant may so notify the local

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agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency 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 Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Section 3 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of

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arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition 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. 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’s final determination, as described in 2 -

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

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

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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.
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 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.

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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 writing by both parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.
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.
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 self-perform Work amounting to at least 25 percent of the Contract price with its own organization unless stipulated otherwise in the Contract Documents, the Agency may at its sole discretion elect

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to cancel the Contract or deduct an amount equal to 10 percent of the value of the Work performed in excess of 25 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
DELETE the second paragraph and REPLACE it with 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.

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. In addition to the requirements of 1-6.2, 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 BOARD AND THE ENGINEER
REVISE this section to replace all references to “the Board” to instead refer to “the Agency”.

ADD the following as a new first sentence to the second paragraph of this section:

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 new provisions to the end of this section:

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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 tests reveal non -compliance with the requirements of the Contract Docum ents, 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

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replace Work at the discretion of Engineer at no additional cost to the Agency. Inspection of the Work does not relieve the Contractor of full compliance with the Contract Documents.

9. Contractor shall not 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 performance pursuant to this Contract, the monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all Subcontractors to this Contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all of its Subcontractors’ records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, a nd other data relating to all matters covered by this Contract.

However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all Subcontractors to this Contr act shall maintain such data and records for as long as may be required by applicable laws and regulations.
3-6 THE CONTRACTOR’S REPRESENTATIVE
REPLACE the second paragraph of this section with the following:

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The Contractor’s representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language.

1. Both the representative and alternative representative shall be the Contractor’s employees and shall not be assigned to a Subcontractor unless otherwise approved by the Agency in writing.

2. The Contractor’s Project team shall attend scheduled construction meetings as required by the Engineer. If any of Contractor’s staff cannot attend, the Contractor shall notify the Engineer a minimum of 24 hours in advance, prior to the start of the scheduled meeting.

3. The payment for the Contractor’s attendance at Project meetings is included in the Contract Price.

4. Key contractor personnel
Contractor shall assign the following minimum personnel to the project:
a. Contractor Project Manager: Full time on-site.
b. Contractor Superintendent: Full Time on-site.
c. Contractor Assistant Project Manager or Field Engineer: Full time on-site.

5. Requirements for key personnel
a. Contractor Project Manager shall have a minimum of ten years’ experience as a Project Manager on projects of similar size and scope.
b. Contractor Construction Superintendent shall have a minimum of ten years’ experience as a Construction Superintendent on projects of similar size and scope.

6. If the Contractor proposes to change the Contractor’s representative prior to completion of the Work, the Contractor shall notify the Agency at least two weeks prior to the proposed change. The qualifications of the proposed Contractor’s representative shall accompany such notice and demonstrate conformance with the minimum requirements of the position, as described herein. The Engineer will review the qualifications of the proposed Contractor’s representative within 5 Working Days of receipt of the notice.

7. No change in the Contractor’s representative will be allowed prior to the Agency’s approval.

The Agency reserves the right to suspend Work at the Contractor’s cost if a change is made without prior approval and until a qualified Contractor’s representative is approved for the Project.
3-7 CONTRACT DOCUMENTS
3-7.1 General.

ADD the following:

1. Specifications and Plans are divided into groups by engineering discipline for the Agency’s convenience. These divisions are not for the purpose of apportioning the Work or responsibility for the Work among Subcontractors and Suppliers.

2. The Contractor shall supply any Work that may reasonably be inferred from the Specifications or Plans as being required to produce the intended result whether or not it is specifically called for, at no additional cost to the Agency.

3. If referenced documents have been discontinued or updated by the issuing organization, the replacement documents issued or otherwise identified by that organization shall be used or,

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if there are no replacement documents, the last version of the document before it was discontinued.

4. Scaled dimensions on Contract Documents are approximate. Before ordering materials or commencing the Work, the Contractor shall measure the Site for proper size and fit and verify dimensions and quantities by taking measurements in the field. The Contracto r shall be responsible for their accuracy.

5. The Contractor shall verify any conditions affecting the cost of the Work through a reasonable examination of the Work Site prior to submitting the Bid.

6. Existing improvements visible at the Work Site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed, and disposed of by the Contractor.

7. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans or shown on the Plans and not specif ied in the Specifications, shall be as though shown on or specified in both.

8. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work.

9. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work Site prior to submitting the Bid.

10. Existing improvements visible at the Work Site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed, and disposed of by the Contractor.

11. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer.
3-7.2 Precedence of the Contract Documents.

DELETE in its entirety and REPLACE with the following:

1. If there is a conflict between any of the Contract Documents, the document highest in the order of precedence, and most recent in edition, shall control. The order of precedence, from highest to lowest, shall be as follows:
a. Permits (issued by jurisdictional regulatory agencies including environmental documents).
b. Change Orders and supplemental agreements; whichever occurs last. c. Contract Addenda, whichever occurs last.
d. The signed written Contract.
e. Bid/Proposal.
f. Technical Specifications.
g. Project Plans.
h. Agency Supplemental General Provisions (Section 00 73 00). i. Agency Supplemental Technical Provisions (Section 00 74 00). j. Standard Plans
i. City of Carlsbad Standard Drawings.
ii. Carlsbad Municipal Water District Standard Drawings.

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iii. City of Carlsbad modifications to the San Diego County Regional Standard Drawings.
iv. Traffic Signal Design Guidelines and Standards.
v. State of California Department of Transportation Standard Plans. vi. California Manual on Uniform Traffic Control Devices (CA MUTCD). k. San Diego County Regional Standard Drawings
l. “Greenbook” (Standard Specifications for Public Works Construction). m. Reference Specifications.

2. When additional small business/minority/women -owned/veteran or other special requirements by funding sources are included in the Contract Documents, the funding source’s requirements shall govern.
a. With reference to the Drawings, the order of precedence shall be as follows: Figures govern over scaled dimensions.
b. Detail Drawings govern over general Drawings.
c. Addenda and Change Order Drawings govern over Plans. d. Plans govern over Standard Drawings.

3. Grant/Labor Standards Clarifications. Where Federal or State grant requirements (including, without limitation, HUD CPF B -23-CP-CA-0155 and CA DPR C5055056) impose stricter standards (e.g., labor standards, Section 3, EEO, DVBE, domestic preferences, debarment/suspension, procurement integrity, reporting, audit/access, and records), those stricter requirements govern. Where State and Federal prevailing wage or labor standard requirements differ, the more stringent governs, and wages shall be paid at not less than the higher of the applicable California DIR rate or the applicable Federal Davis –Bacon rate for each classification and county.

When a conflict exists between the ADA requirements of Title 24, and the Agency Supplemental Provisions, the most restrictive requirement shall be followed. 3-7.3 Red-lines and Record Documents.

ADD the following as subsection 3-7.3:
3-7.3.1 General.

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

2. The Contractor shall keep the Red -lines current with entries checked by the Engineer before the Work is covered. Contractor’s failure to update and deliver Red -lines information monthly to the Engineer for review and approval may result in the withholding of monthly progress payments.

3. The Contractor shall note the source identification, such as RFI numbers and Change Order numbers, as required identifying the source of the change to the Contract Documents.

4. The Contractor shall deliver the Red -lines to the Engineer upon completion of the Construction Work.

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Carlsbad City CouncilOctober 21, 2025

Carlsbad City Council
October 21, 2025