CA Review TL
Meeting Date: Oct. 6, 2026
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Brian O’Dell, Associate Engineer
[email protected], 442-339-2009
E
mily Hasegawa, Engineering Manager
[email protected], 442-339-5763
Subject: Adoption of Plans, Specifications and Contract Documents, Accepting Bids, Awarding a Construction Contract, and Authorizing Execution of an Agreement Amendment for Construction Management and Inspection Services for the 2026 Street Resurfacing Project
Districts: All
Rec
ommended Actions
1) Adopt a resolution adopting the plans, specifications and contract documents, accepting bids, and awarding a contract to Eagle Paving LLC for const ruction of the 2026 Street Resurfacing Project; and
2) Adopt a resolution approving Amendment No. 1 to increase the master agreement authorization with CPM Partners, Inc. for as-needed horizontal construction management and inspection services.
E
xecutive Summary
The city’s Pavement Management Program, Capital Improvement Program Project No. 6001, assesses the city’s roadway pavement conditions and prioritizes cost-effective rehabilitation methods to refresh old pavement surfaces and extend the life of city streets.
The 2026 Street Resurfacing Project, Capital Improvement Program Project No. 6001-26, is part of the Pavement Management Program and includes resurfacing approximately 45 miles of streets throughout the city, consisting of approximately 39 miles of residential streets and approximately six miles of arterial and collector streets, as shown in Exhibit 3. Street segments included in this project were identified and prioritized based on multiple considerations, including existing pavement conditions, predictions based on pavement data, resident input and field investigations.
As part of the resurfacing work, roadway striping will be restored or updated, as applicable, following completion of paving activities. Striping improvements may include addition or modification of bike lane buffers and pavement markings intended to support roadway Oct. 6, 2026
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operations and accommodate various modes of travel. No street reconfigurations are proposed in this project.
Staff have reviewed the bids received for the construction work and have determined that Eagle Paving LLC is the lowest responsive and responsible bidder with a bid in an amount not to exceed $9,777,000.
Staff recommend that the City Council adopt the plans, specifications and contract documents for this project, accept bids, and award a construction contract to Eagle Paving LLC. The Traffic Safety & Mobility Commission reviewed the project at its Aug. 3, 2026, meeting and supported staff’s recommendation to adopt the plans and specifications.
Carlsbad Municipal Code sections 3.28.080(C), 3.28.080(E) and 3.28.080(I)(6), which cover purchasing in construction contracts, require the City Council to adopt the plans and specifications for construction projects and approve all formally bid contracts when the value exceeds $220,000.
Staff also recommend that the City Council approve an agreement amendment to increase the yearly allowable amount for the city’s as-needed construction management and inspection services agreement with CPM Partners, Inc. The current agreement limit is $800,000 per year.
Amendment 1 will increase the annual limit by $648,134, for a total not-to-exceed amount of $1,448,134. This increase will provide sufficient capacity to execute a $1,206,778 task order with CPM Partners, Inc. for construction management and inspection services for the 2026 Street Resurfacing Project, while also accounting for contingency.
Explanation & Analysis
The 2026 Street Resurfacing Project includes pavement rehabilitation methods to extend the useful life of existing pavement. Depending on roadway conditions, treatments may include crack sealing; spot repairs; slurry seal, which consists of a thin, protective coating applied to asphalt; or mill and overlay, which involves removing a portion of the existing asphalt surface and placing a new layer of asphalt to create a smoother surface. These pavement resurfacing treatments are typically used where pavement conditions do not require full roadway reconstruction and provide a more cost-effective approach to maintaining the street network.
The treatment selected for each street segment is based on existing pavement conditions and the type of rehabilitation considered appropriate for the project location.
Selected streets
Work on some of the streets selected is expected to have an impact on some local businesses.
Staff initially reached out to affected business in early September 2026 to notify them of the upcoming project and target construction schedule. Staff will continue to coordinate with the business to update them on project status and address their concerns.
The following arterial and collector streets, encompassing approximately six miles, will be resurfaced and restriped with either new or enhanced bicycle lanes:
• El Camino Real between Levante Street and the city boundary with Encinitas • Palomar Airport Road between Paseo Del Norte and El Camino Real (eastbound lanes only)
• Paseo Del Norte between Fuchsia Lane and Sunflower Way Oct. 6, 2026
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• Calle Barcelona between El Camino Real and the city boundary with Encinitas • Car Country Drive between Cannon Road and Paseo Del Norte • El Fuerte Street, northbound and southbound approaches to Palomar Airport Road • Intersections of:
o El Fuerte Street and Gateway Road
o El Fuerte Street and Bressi Ranch Way
This project also includes approximately 39 miles of residential streets throughout the city.
These street segments included in this project are listed in Exhibit 4.
Construction contract
On Aug. 17, 2026, the City Manager authorized staff to advertise for bids to construct the project. The contract documents are included in Exhibits 6.
Staff received seven bids on Sept. 17, 2026, ranging from $9,777,000 to $13,131,372. Staff reviewed the bid documents and determined that the lowest responsive and responsible bidder was Eagle Paving LLC with a bid in an amount not to exceed $9,777,000. The engineer’s estimate for this project is $15,239,000, which is consistent with costs from a recent similar contract and includes accounting for inflation and economic forecasts.
Eagle Paving LLC was found to be responsive because its bid met the requirements of the bidding documents and responsible because it submitted a list of similar projects to show its ability to perform the specified work.
Construction management and inspection agreement
The city has an as-needed agreement with CPM Partners, Inc. for construction management and inspection services. CPM provided a proposal totaling $1,206,778 to support the 2026 Street Resurfacing Project, representing approximately 8% of the engineer’s estimate for the project, which aligns with standard industry practice. The current agreement allows for a maximum of $800,000 per year; therefore, Amendment 1, in the amount of $648,134, will increase the annual not-to-exceed limit to $1,448,134 and enable staff to issue a task order for these services. The annual not-to-exceed amount also includes a contingency.
Traffic Safety & Mobility Commission recommendation
At its meeting Aug. 3, 2026, the Traffic Safety & Mobility Commission voted to support staff’s recommendations to the City Council to adopt the plans and specifications, accept bids and award a construction contract for the 2026 Street Resurfacing project. The draft meeting minutes are provided in Exhibit 5.
Fiscal Analysis
Sufficient funding has been appropriated for this project from Gas Tax, TransNet local,1 trash hauler fees, the Infrastructure Replacement fund, and the Gas Tax Road Maintenance and Rehabilitation fund. The available funds and estimated construction costs are shown in the following table.
1 TransNet is a countywide sales tax collected to fund regional transportation projects Oct. 6, 2026
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Pavement Management Program
Capital Improvement Program Project No. 6001
Total appropriation to date $92,282,889
Total expenditures and encumbrances to date $61,374,977 Total available balance $30,907,912
2026 Street Resurfacing Project
Capital Improvement Program Project No. 6001-26
Construction contract (Eagle Paving LLC) -$9,777,000
Construction contingency (20% of contract value) -$1,955,400 Construction management and inspection -$1,206,778
Construction management and inspection contingency (20% of fees) -$241,356 Construction testing and staff overhead (estimated) -$634,000 Total estimated construction costs -$13,814,534
Remaining balance after CIP Project No. 6001-26 $17,093,378 Additional appropriation needed $0
Carlsbad Municipal Code Section 3.28.040(C)(5) authorizes the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of construction project contract award, which for this project is $1,955,400.
Next Steps
Once the City Council adopts the plans, specifications and contract documents; accepts the bids; and awards the construction contract to Eagle Paving LLC, staff will issue a purchase order, schedule a pre-construction meeting with Eagle Paving LLC and issue a notice to proceed for construction of the project.
Also, once the amendment with CPM Partners, Inc. is approved by the City Council and fully executed, staff will issue a task order for the construction management and inspection services for the project.
The duration of the construction contract is 170 working days, not including rain days and delays from change orders that may extend the contract duration. Construction is targeted to begin in early 2027 and be completed by fall 2027.
Environmental Evaluation
The proposed action for construction of street resurfacing is categorically exempt from environmental review under 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.
Oct. 6, 2026
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The proposed action for approving Amendment No. 1 to increase the master agreement authorization with CPM Partners, Inc. for as-needed horizontal construction management and inspection services is not a “project” as defined by CEQA Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to amending a master services agreement. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution – construction contract
2. City Council resolution – construction management and inspection services amendment
3. Location map
4. Street List
5. Draft Minutes from Aug. 3, 2026, Traffic Safety & Mobility Commission meeting
6. Plans, Specifications and Contract Documents (on file in the office of the City Clerk) Oct. 6, 2026
Item #5 Page 5 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Exhibit 1
RESOLUTION NO. 2026-190
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING THE PLANS, SPECIFICATIONS AND CONTRACT
DOCUMENTS, ACCEPTING BIDS, AND AWARDING A CONTRACT TO EAGLE PAVING LLC FOR CONSTRUCTION OF THE 2026 S TREET RESURFACING
PROJECT
W
HEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to assess the city’s roadway pavement conditions and prioritize cost-effective rehabilitation methods to refresh and extend the life of city streets as part of the city’s Pavement Management Program, Capital Improvement Program, or CIP, Project No. 6001; and WHEREAS, the 2026 Street Resurfacing Project, CIP Project No. 6001-26, is part of the Pavement Management Program and will resurface approximately 45 miles of streets across the city, of which approximately 39 miles are residential streets and about six miles are arterial and collector streets; and W
HEREAS, on Aug . 17, 2026, the City Manager authorized staff to advertise for bids to construct the project; and
WHEREAS, on Sept. 17, 2026, staff received seven bids in response to the bid advertisement; and
WHEREAS, staff evaluated bids and found Eagle Paving LLC submitted the lowest responsive and responsible bid, in an amount of $9,777,000 in compliance with all bid requirements; and WHEREAS, Carlsbad Municipal Code, or CMC, Section s 3.28.080(C), 3.28.080(E) and
3.28.080(I)(6) require the City Council to adopt the plans, specifications, and contract documents for construction projects and approve all formally bid contracts when the value exceeds $220,000; and WHEREAS, the engineer’s estimate for the construction cost of the p roject is $1 5,239,000, which does not include construction contingency and construction management costs; and WHEREAS, sufficient funding is available to complete the project; and
WHEREAS,
Carlsbad Municipal Code Section 3.28.040(C)(5) authorize s the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of construction project contract award, which for this project is $1,955,400.
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.
Oct. 6, 2026
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2. That the City Council has determined that the proposed action for construction of street resurfacing is categorically exempt from environmental review under 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.
3. T
hat the plans, specifications and contract documents for the 2026 Street Resurfacing Project, CIP Project No. 6001-26, are hereby adopted.
4. That the lowest responsive bid in an amount not to exceed $9,777,000 submitted by Eagle Paving LLC , is accepted, and the Mayor is hereby authorized to execute the contract for the 2026 Street Resurfacing Project, CIP Project No. 6001-26.
5. That the City Manager or designee is hereby authorized to approve construction change orders up to $1,955,400.
6. That the City Manager or designee is authorized to sign all other documents necessary for regulatory compliance, to extend funding opportunities, or to otherwise implement and finalize the project, all of which are subject to review and approval as to form by the City Attorney’s office.
7. That the award of this contract is contingent upon Eagle Paving LLC executing the required contract and submitting the required bonds and insurance policies, as described in the contract, within 20 calendar days after adoption of this Resolution. The City Manager may grant reasonable extensions of time to execute the contract and assemble the required bonds and insurance policies.
Oct. 6, 2026
Item #5 Page 7 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA PASSED, APPROVED AND ADOPTED at a Regula r Meeting of the City Council of the City of Ca rlsbad on the 6th day of October, 2026, 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. 6, 2026
Item #5 Page 8 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA
Exhibit 2
RESOLUTION NO. 2026-191
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO INCREASE THE MASTER AGREEMENT AUTHORIZATION WITH CPM PARTNERS, INC. FOR AS-NEEDED
HORIZONTAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES W
HEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to maintain agreements for as-needed horizontal construction management and inspection services; and
WHEREAS, on June 24, 2025, the City Council adopted Resolution No. 2025-152, authorizing the execution of a master agreement with CPM Partners, Inc. for as -needed horizontal construction management and inspection services; and
WHEREAS, the initial term of the a greement is for three years in an amount not to exceed $800,000 per a greement year, with options to extend the agreement by two additional on e-year periods in an amount not to exceed $800,000 per agreement year; and WHEREAS, staff determined CPM Partners, Inc. to be highly qualified to provide construction management and inspection services related to street resurfacing; and WHEREAS, in August 2026, staff requested a proposal from CPM Partners, Inc. for construction management and inspection services for the 2026 Street Resurfacing Project, Capital Improvement Program, or CIP, Project No. 6001-26; and
WHEREAS, CPM Partners, Inc.’s proposal is for $1,206,778.21 which exceeds the $800,000 yearly not to exceed amount of the agreement; and
WHEREAS, staff desire to amend the agreement to increase the yearly allowable amount by $648,134 to allow staff to execute a task order with CPM Partners, Inc. to perform construction management and inspection services for the 2026 Street Resurfacing Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
Oct. 6, 2026
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2. Th at the City Council has determined that the proposed action is not a “project” as defined by California Environmental Quality Act, or CEQA , Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to amending a master services agreement. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
3. That Amendment No. 1 to the master agreement for as-needed horizontal construction management and inspection services with CPM Partners , Inc., attached hereto as Attachment A, is approved, and the Mayor is authorized to execute Amendment No. 1.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of October, 2026, 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. 6, 2026
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Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA
PSA25-3811CMI
City Attorney Approved Version 6/6/2024
1 A.
B.
1. Attachment A
Oct. 6, 2026
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Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA 7th October
PSA25-3811CMI
City Attorney Approved Version 6/6/2024
2 CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California CPM PARTNERS, INC., a California corporation
By: By:
(sign here) KEITH BLACKBURN, Mayor
Maribel R. Janecek,
President and Chief Financial Officer
(print name/title) ATTEST:
SHERRY FREISINGER, City Clerk
By: By:
(sign here) Deputy / Assistant City Clerk
(print name/title)
Oct. 6, 2026
Item #5 Page 12 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA
OLIVENHAIN RD
EL
COCHES
DE LOS
ACERVO
PALENQUE ST
BARCE
LONA
PALOMARAIRPORTRD
LA COSTA AV
POINSETTIA LN
MELROS
E
DR
CARLSBAD
BL
CARLSBADVILLAGEDR
RANCHO
SANTA
FE
RD
AVIARA PY
COLLEGE
BL
ALGA RD
CANNON RD
CAMINO PINTADO
XANA WY
MICA RD
LEVANTE ST
PASEO DEL NORTE
REAL
LA GOLONDRINA ST
AVENIDA
CIRUELA
AVENIDA ANACAPA
LEVANTE ST
CAMINO CORONADO
GALICIA WY
CALLE
EL FUERTE ST
FOSCA ST
EL FUERTE ST
CADENCIA ST
TAMARACK AV
BATIQUITOS DR
FARADAY AV
HARDING ST
CALLE
THE CROSSINGS DR
CAMINO
SEGOVIA WY
ACUNA CT
HALITE PL
BRESSI RANCH WY
EL CAMINO
COLIBRI LN
CAMINO REAL
PASEO DEL NORTE
RANCHO SANTA FE RD
LOCATION MAP
PROJECT NAME PROJECT
NUMBER
6001-26
EXHIBIT
32026 Street Resurfacing Project
Created By: Andy Chang 8/19/2026 T:\Brian_ODell\2026_Resurfacing\LocationMap\LocationMap_Resurfacing2026_revised08-18-26.mxd $!Å
NOT TO
SCALE
Exhibit 3
Legend
Slurry
Overlay
Combined Slurry/Overlay
Oct. 6, 2026
Item #5 Page 13 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Treatment STREET SEGMENTS FROM INTERSECTION TO INTERSECTION COUNCIL DISTRICT SLURRY SEAL ADAMS ST BASSWOOD AV CHESTNUT AV 1
SLURRY SEAL ADAMS ST CAPE AIRE LN HARRISON ST 1
SLURRY SEAL ADAMS ST CHINQUAPIN AV HARBOR VIEW LN 1
SLURRY SEAL ADAMS ST LOCUST AV CAPE AIRE LN 1
SLURRY SEAL ADAMS ST HARBOR VIEW LN LOCUST AV 1
SLURRY SEAL ALVERTON DR INGLETON AV TOWN GARDEN RD 2
SLURRY SEAL ALVERTON DR TOWN GARDEN RD ARUNDEL AV 2
SLURRY SEAL ALVERTON DR ARUNDEL AV DOGWOOD RD 2
SLURRY SEAL ALVERTON DR DISCOVERY RD INGLETON AV 2
SLURRY SEAL AMMONITE PL GALENA AV END OF STREET 3
SLURRY SEAL ARBOR ROSE DR GARDEN HOUSE RD DOGWOOD RD 2
SLURRY SEAL ARBUCKLE PL MADISON ST JEFFERSON ST 1
SLURRY SEAL ARUNDEL AV ALVERTON DR LISMORE PL 2
SLURRY SEAL ARUNDEL AV LISMORE PL TOPIARY ST 2
SLURRY SEAL AUTO CENTER CT END OF STREET CAR COUNTRY DR 2 SLURRY SEAL AVALON AV PONTIAC DR LASSEN LN 2
SLURRY SEAL AVALON AV LASSEN LN STANFORD ST 2
SLURRY SEAL AVENIDA CEREZA VISTA CANELA PASEO AVELLANO 4 SLURRY SEAL AVENIDA CEREZA CALLE OLIVA VISTA PALMA 4
SLURRY SEAL AVENIDA CEREZA VISTA PALMA VISTA CANELA 4
SLURRY SEAL AVENIDA HELECHO PASEO SAUCEDAL VIA OPUNTIA 4 SLURRY SEAL AVENIDA HELECHO CALLE OLIVA CAMINO SERBAL 4 SLURRY SEAL AVENIDA HELECHO VIA OPUNTIA CALLE OLIVA 4
SLURRY SEAL AVENIDA PIMENTERA SITIO CAUCHO CORTE CAROLINA 4 SLURRY SEAL AVENIDA PIMENTERA CORTE CAROLINA CORTE SASAFRAS 4 SLURRY SEAL AVENIDA PIMENTERA CORTE SASAFRAS END OF STREET 4 SLURRY SEAL AVENIDA PIMENTERA PASEO AVELLANO SITIO CAUCHO 4 SLURRY SEAL AVENIDA TORONJA PASEO TULIPERO END OF STREET 4 SLURRY SEAL AVENIDA TORONJA SITIO TEJO PASEO TULIPERO 4 SLURRY SEAL AVENIDA TORONJA CAMINO ROBLEDO SITIO TEJO 4 SLURRY SEAL AVENTURINE PL GOLDSTONE RD END OF STREET 3
SLURRY SEAL AVIARA DR BATIQUITOS DR BRANTA AV 3
SLURRY SEAL AZURITE PL END OF STREET GOLDSTONE RD 3
SLURRY SEAL BASSWOOD AV PINE AV EUREKA PL 1
SLURRY SEAL BASSWOOD AV ADAMS ST MCKINLEY ST 1
SLURRY SEAL BASSWOOD AV MCKINLEY ST HIGHLAND DR 1
SLURRY SEAL BEECH AV STATE ST ROOSEVELT ST 1
SLURRY SEAL BERKELEY AV END OF STREET LASSEN LN 2
SLURRY SEAL BERKELEY AV LASSEN LN TUOLUMNE PL 2
SLURRY SEAL BERKELEY AV TUOLUMNE PL STANFORD ST 2
SLURRY SEAL BIXBITE PL GALENA AV END OF STREET 3
SLURRY SEAL BLACK SWAN PL END OF STREET BRANTA AV 3
SLURRY SEAL BLACK SWAN PL CRESSA CT BATIQUITOS DR 3
SLURRY SEAL BLACK SWAN PL BRANTA AV CRESSA CT 3
SLURRY SEAL BRADY CR VIKING ST VALLEY ST 1
SLURRY SEAL BRADY CR MAGNOLIA AV VIKING ST 1
SLURRY SEAL BRANTA AV BLACK SWAN PL AVIARA DR 3
SLURRY SEAL BRESSI RANCH WY GARDEN HOUSE RD NYGAARD ST 2 SLURRY SEAL BRESSI RANCH WY NYGAARD ST MONTECITO DR 2
SLURRY SEAL BRESSI RANCH WY MONTECITO DR PARADISE RD ALLEY 2 SLURRY SEAL BRESSI RANCH WY PARADISE RD EL FUERTE ST 2
SLURRY SEAL BRESSI RANCH WY GARDEN HOUSE RD GARDEN HOUSE RD ALY RD 2 SLURRY SEAL BUENA PL JEFFERSON ST END OF STREET 1
SLURRY SEAL BUENA VISTA WY TUTTLE ST DAVIS AV 1
SLURRY SEAL BUENA VISTA WY JEFFERSON ST TUTTLE ST 1
SLURRY SEAL CADENCIA ST VENADO ST DEL REY AV 4
SLURRY SEAL CADENCIA ST CARVALLO CT LA COSTA AV 4
STREETS TO BE RESURFACED
Exhibit 4
Oct. 6, 2026
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Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Treatment STREET SEGMENTS FROM INTERSECTION TO INTERSECTION COUNCIL DISTRICT
STREETS TO BE RESURFACED
SLURRY SEAL CADENCIA ST DEL REY AV CARVALLO CT 4
SLURRY SEAL CALINA WY LA GRAN VIA END OF STREET 4
SLURRY SEAL CALLE ALHENA PASEO ARRAYAN CALLE PINON 4
SLURRY SEAL CALLE BARCELONA CALLE POSADA AVENIDA NIEVE 4 SLURRY SEAL CALLE BARCELONA AVENIDA NIEVE VIA SAN CLEMENTE 4 SLURRY SEAL CALLE BARCELONA VIA SAN CLEMENTE CALLE JALISCO 4 SLURRY SEAL CALLE BARCELONA CALLE JALISCO CALLE ACERVO 4 SLURRY SEAL CALLE BARCELONA TRAIL EASEMENT EL CAMINO REAL 4 SLURRY SEAL CALLE BARCELONA PASEO ALMENDRO RANCHO SANTA FE RD 4 SLURRY SEAL CALLE BARCELONA THE FORUM WOODFERN 4
SLURRY SEAL CALLE BARCELONA WOODFERN End Of Street 4
SLURRY SEAL CALLE BARCELONA LEUCADIA THE FORUM 4
SLURRY SEAL CALLE OLIVA END OF STREET AVENIDA HELECHO 4 SLURRY SEAL CALLE OLIVA AVENIDA HELECHO AVENIDA CEREZA 4 SLURRY SEAL CALLE OLIVA AVENIDA CEREZA END OF STREET 4
SLURRY SEAL CALLE PINABETE CORTE CICUTA CORTE ANANAS 4
SLURRY SEAL CALLE PINABETE CORTE ANANAS CAMINO ROBLEDO 4 SLURRY SEAL CALLE PINABETE VISTA LA NISA CORTE CICUTA 4 SLURRY SEAL CALLE PINON PASEO ALMENDRO CORTE TILO 4
SLURRY SEAL CALLE PINON CALLE ALHENA PASEO ALMENDRO 4
SLURRY SEAL CAMEO RD CHESTNUT AV END OF STREET 1
SLURRY SEAL CAMINO DE LAS ONDAS NEPETA WY PASEO DEL NORTE 3 SLURRY SEAL CAMINO ROBLEDO VISTA LA NISA AVENIDA TORONJA 4 SLURRY SEAL CAMINO ROBLEDO CALLE PINABETE VIA OPUNTIA 4 SLURRY SEAL CAMINO ROBLEDO PASEO ALISO CALLE PINABETE 4 SLURRY SEAL CAMINO ROBLEDO AVENIDA TORONJA PASEO ALISO 4 SLURRY SEAL CAMINO SERBAL VISTA HIGUERA END OF STREET 4 SLURRY SEAL CAMINO SERBAL PASEO ALMENDRO VISTA HIGUERA 4 SLURRY SEAL CAMINO SERBAL SITIO OLMO PASEO ALMENDRO 4
SLURRY SEAL CAMINO SERBAL PASEO AVELLANO SITIO ABETO 4
SLURRY SEAL CAMINO SERBAL SITIO MIRTO SITIO OLMO 4
SLURRY SEAL CAMINO SERBAL SITIO ABETO SITIO MIRTO 4
SLURRY SEAL CAMINO SERBAL AVENIDA HELECHO PASEO AVELLANO 4 SLURRY SEAL CAMINO SERBAL END OF STREET AVENIDA HELECHO 4 SLURRY SEAL CAMPBELL PL END OF STREET GATEWAY RD 2
SLURRY SEAL CAR COUNTRY DR CANNON RD AUTO CENTER CT 2
SLURRY SEAL CAR COUNTRY DR AUTO CENTER CT PASEO DEL NORTE 2 SLURRY SEAL CARLINA ST VERDE AV HATACA RD 4
SLURRY SEAL CARMEL DR SUTTER ST SAUSALITO AV 2
SLURRY SEAL CARMEL DR SAUSALITO AV POINT REYES CT 2
SLURRY SEAL CARNATION DR MISTLETOE LN SUNFLOWER WY 3
SLURRY SEAL CARNATION DR ZINNIA CT MISTLETOE LN 3
SLURRY SEAL CARNELIAN CT GOLDSTONE RD END OF STREET 3
SLURRY SEAL CEREZO DR CARLSBAD BL LOS ROBLES DR 2
SLURRY SEAL CEREZO DR LOS ROBLES DR EL ARBOL DR 2
SLURRY SEAL CHARLEEN CR END OF STREET DONNA DR 1
SLURRY SEAL CHESHIRE AV TAMARACK AV NEWSHIRE ST 2
SLURRY SEAL CHESTNUT AV AMES PL PONTIAC DR 2
SLURRY SEAL CHESTNUT AV OXFORD ST AMES PL 2
SLURRY SEAL CHESTNUT AV SIERRA MORENA AV OXFORD ST 1 & 2 SLURRY SEAL CHINQUAPIN AV END OF STREET GARFIELD ST 1
SLURRY SEAL CHINQUAPIN AV GARFIELD ST END OF STREET 1
SLURRY SEAL CHRISTIANSEN WY STATE ST ALLEY STATE ST 1
SLURRY SEAL CHUPAROSA WY END OF STREET LAS FLORES DR 1
SLURRY SEAL COASTLINE AV SEA BLUFF CR HORIZON DR 1
SLURRY SEAL COASTLINE AV PANNONIA RD SEA BLUFF CR 1
SLURRY SEAL COLT PL GATEWAY RD STOURHEAD 2
Oct. 6, 2026
Item #5 Page 15 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Treatment STREET SEGMENTS FROM INTERSECTION TO INTERSECTION COUNCIL DISTRICT
STREETS TO BE RESURFACED
SLURRY SEAL COPAL PL END OF STREET GALENA AV 3
SLURRY SEAL CORINTIA ST SOCORRO LN UNICORNIO ST 3
SLURRY SEAL CORTE ACEBO PASEO TULIPERO END OF STREET 4
SLURRY SEAL CORTE ANANAS CALLE PINABETE END OF STREET 4 SLURRY SEAL CORTE ARBOLES END OF STREET VIA HOJA 4
SLURRY SEAL CORTE ARBOLES VIA HOJA END OF STREET 4
SLURRY SEAL CORTE BALDRE PASEO ARRAYAN END OF STREET 4
SLURRY SEAL CORTE CICUTA CALLE PINABETE END OF STREET 4 SLURRY SEAL CORTE CIDRO END OF STREET PASEO ALISO 4
SLURRY SEAL CORTE ESPERANZA CAMINO ARENA END OF STREET 4 SLURRY SEAL CORTE ESPERANZA SITIO REDONDA CAMINO ARENA 4 SLURRY SEAL CORTE ESPERANZA END OF STREET SITIO REDONDA 4 SLURRY SEAL CORTE LIMON PASEO ALISO END OF STREET 4
SLURRY SEAL CORTE MANGO PASEO ALISO END OF STREET 4
SLURRY SEAL CORTE MORAL PASEO TULIPERO END OF STREET 4
SLURRY SEAL CORTE PAPAYA END OF STREET VIA ARCE 4
SLURRY SEAL CORTE SASAFRAS END OF STREET AVENIDA PIMENTERA 4 SLURRY SEAL CORTE TILO END OF STREET CALLE PINON 4
SLURRY SEAL CRESSA CT END OF STREET BLACK SWAN PL 3
SLURRY SEAL CYNTHIA LN GREGORY DR END OF STREET 1
SLURRY SEAL DARTINGTON WY DARTINGTON WY ALLEY VILLAGE GREEN DR 2 SLURRY SEAL DARTINGTON WY TOWN GARDEN RD DARTINGTON WY ALLEY 2 SLURRY SEAL DAVIS AV DAVIS PL LAGUNA DR 1
SLURRY SEAL DAVIS AV KNOWLES AV DAVIS PL 1
SLURRY SEAL DAVIS AV BUENA VISTA WY KNOWLES AV 1
SLURRY SEAL DAVIS PL END OF STREET DAVIS AV 1
SLURRY SEAL DISCOVERY RD ALVERTON DR TOPIARY ST 2
SLURRY SEAL DOGWOOD RD TOPIARY ST ARBOR ROSE DR 2
SLURRY SEAL DOGWOOD RD ALVERTON DR TOPIARY ST 2
SLURRY SEAL DONNA CT CHESTNUT AV END OF STREET 1
SLURRY SEAL DONNA DR CHARLEEN CR CHESTNUT AV 1
SLURRY SEAL DONNA DR GAYLE WY JANIS WY 1
SLURRY SEAL DONNA DR BASSWOOD AV GAYLE WY 1
SLURRY SEAL DONNA DR JANIS WY LEE CT 1
SLURRY SEAL DONNA DR CARLSBAD VILLAGE DR NOB HILL DR 1
SLURRY SEAL DONNA DR NOB HILL DR FALCON DR 1
SLURRY SEAL DONNA DR LEE CT CHARLEEN CR 1
SLURRY SEAL DONNA DR FALCON DR BASSWOOD AV 1
SLURRY SEAL EAST POINTE AV END OF STREET PALISADES DR 1 SLURRY SEAL EAST POINTE AV HIGH RIDGE AV TAMARACK AV 1
SLURRY SEAL EAST POINTE AV PALISADES DR HIGH RIDGE AV 1 SLURRY SEAL EL ARBOL DR CANNON RD CEREZO DR 2
SLURRY SEAL EL ARBOL DR CEREZO DR MANZANO DR 2
SLURRY SEAL EL CAMINO REAL CITY BOUNDARY CALLE BARCELONA 4 SLURRY SEAL EL CAPITAN CT YOSEMITE ST END OF STREET 2
SLURRY SEAL EL FUERTE ST BRESSI RANCH WY INTERSECTION ONLY 2 SLURRY SEAL EL FUERTE ST PALOMAR AIRPORT RD EL FUERTE ST 2 SLURRY SEAL EL FUERTE ST LOKER AV WEST PALOMAR AIRPORT RD 2 SLURRY SEAL EL GAVILAN CT CAYENNE LN LA PALOMA CT 3
SLURRY SEAL EUREKA PL BASSWOOD AV CHESTNUT AV 1
SLURRY SEAL FALCON DR END OF STREET DONNA DR 1
SLURRY SEAL FALCON DR DONNA DR WESTWOOD DR 1
SLURRY SEAL GALENA AV AMMONITE PL BIXBITE PL 3
SLURRY SEAL GALENA AV GOLDSTONE RD COPAL PL 3
SLURRY SEAL GALENA AV COPAL PL ALICANTE RD 3
SLURRY SEAL GALENA AV BIXBITE PL END OF STREET 3
SLURRY SEAL GALENA AV ALICANTE RD AMMONITE PL 3
Oct. 6, 2026
Item #5 Page 16 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Treatment STREET SEGMENTS FROM INTERSECTION TO INTERSECTION COUNCIL DISTRICT
STREETS TO BE RESURFACED
SLURRY SEAL GARDEN HOUSE RD ARBOR ROSE DR VILLAGE GREEN DR 2 SLURRY SEAL GARDEN HOUSE RD TOPIARY ST ARBOR ROSE DR 2
SLURRY SEAL GARDEN HOUSE RD LISMORE PL TOPIARY ST 2
SLURRY SEAL GARDEN HOUSE RD VILLAGE GREEN DR BRESSI RANCH WY 2 SLURRY SEAL GARDEN HOUSE RD ALLEY GREENHAVEN DR BRESSI RANCH WY ALLEY 2 SLURRY SEAL GARDEN HOUSE RD ALLEY BRESSI RANCH WY ALLEY END OF STREET 2 SLURRY SEAL GARFIELD ST MAPLE AV ACACIA AV 1
SLURRY SEAL GARFIELD ST PINE AV WALNUT AV 1
SLURRY SEAL GARFIELD ST HEMLOCK AV REDWOOD AV 1
SLURRY SEAL GARFIELD ST WALNUT AV SYCAMORE AV 1
SLURRY SEAL GARFIELD ST REDWOOD AV TAMARACK AV 1
SLURRY SEAL GARFIELD ST SEQUOIA AV CHINQUAPIN AV 1
SLURRY SEAL GARFIELD ST CHERRY AV JUNIPER AV 1
SLURRY SEAL GARFIELD ST TAMARACK AV SEQUOIA AV 1
SLURRY SEAL GARFIELD ST CHINQUAPIN AV CHINQUAPIN AV 1
SLURRY SEAL GARFIELD ST SYCAMORE AV CHESTNUT AV 1
SLURRY SEAL GARFIELD ST CHESTNUT AV MAPLE AV 1
SLURRY SEAL GARFIELD ST JUNIPER AV HEMLOCK AV 1
SLURRY SEAL GARFIELD ST ACACIA AV CHERRY AV 1
SLURRY SEAL GATEWAY RD ALICANTE RD INNOVATION WY 2
SLURRY SEAL GATEWAY RD VILLAGE GREEN DR COLT PL 2
SLURRY SEAL GATEWAY RD INNOVATION WY VILLAGE GREEN DR 2 SLURRY SEAL GATEWAY RD CAMPBELL PL ALICANTE RD 2
SLURRY SEAL GATEWAY RD COLT PL FINNILA PL 2
SLURRY SEAL GATEWAY RD EL CAMINO REAL CAMPBELL PL 2
SLURRY SEAL GATEWAY RD WHITNEY PL LOKER AV EAST 2
SLURRY SEAL GATEWAY RD FINNILA PL GATEWAY RD 2
SLURRY SEAL GINGER AV HARBOR POINT RD CARNATION DR 3
SLURRY SEAL GLENBROOK ST WILSHIRE AV END OF STREET 2
SLURRY SEAL GLENBROOK ST WILSHIRE AV END OF STREET 2
SLURRY SEAL GOLDSTONE RD CARNELIAN CT END OF STREET 3
SLURRY SEAL GOLDSTONE RD AZURITE PL GALENA AV 3
SLURRY SEAL GOLDSTONE RD GALENA AV CARNELIAN CT 3
SLURRY SEAL GOLDSTONE RD AVENTURINE PL AZURITE PL 3
SLURRY SEAL GOLDSTONE RD TIGEREYE PL AVENTURINE PL 3
SLURRY SEAL GRADO CIPRESO PASEO SAUCEDAL END OF STREET 4 SLURRY SEAL GRADO EL TUPELO EL BOSQUE AV PASEO ALISO 4
SLURRY SEAL GRADO EL TUPELO PASEO ALISO VISTA CHAPARRAL 4 SLURRY SEAL GRADO EL TUPELO VISTA CHAPARRAL EL BOSQUE AV 4 SLURRY SEAL GREENWICH ST END OF STREET WILSHIRE AV 2
SLURRY SEAL GREENWICH ST WILSHIRE AV END OF STREET 2
SLURRY SEAL HALF DOME PL SUTTER ST END OF STREET 2
SLURRY SEAL HAMDEN WY SIMSBURY CT SIMSBURY CT 2
SLURRY SEAL HARDING ST CARLSBAD VILLAGE DR INTERSECTION ONLY 1 SLURRY SEAL HARRISON ST VIEW WY ADAMS ST 1
SLURRY SEAL HARRISON ST CHINQUAPIN AV HARRISON ST 1
SLURRY SEAL HARRISON ST HARRISON ST VIEW WY 1
SLURRY SEAL HARRISON ST HARRISON ST HARRISON ST 1
SLURRY SEAL HATACA RD BRAVA ST CARLINA ST 4
SLURRY SEAL HIGH RIDGE AV EAST POINTE AV TAMARACK AV 1
SLURRY SEAL HIGHLAND DR OAK AV PINE AV 1
SLURRY SEAL HIGHLAND DR CHESTNUT AV HILLVIEW CT 1
SLURRY SEAL HIGHLAND DR HILLVIEW CT MAGNOLIA AV 1
SLURRY SEAL HIGHLAND DR PINE AV BASSWOOD AV 1
SLURRY SEAL HOME AV HOPE AV END OF STREET 1
SLURRY SEAL HOME AV JEFFERSON ST HOPE AV 1
SLURRY SEAL HOPE AV HOME AV GRAND AV 1
Oct. 6, 2026
Item #5 Page 17 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Treatment STREET SEGMENTS FROM INTERSECTION TO INTERSECTION COUNCIL DISTRICT
STREETS TO BE RESURFACED
SLURRY SEAL HORIZON DR COASTLINE AV SUNNYHILL DR 1
SLURRY SEAL HORIZON DR HILLSIDE DR COASTLINE AV 1
SLURRY SEAL HOSP WY BRENTWOOD CT CEDARWOOD WY 1
SLURRY SEAL HOSP WY PINE CREST WY GROVE AV 1
SLURRY SEAL HOSP WY CEDARWOOD WY FOREST VIEW WY 1
SLURRY SEAL HOSP WY MONROE ST WOODRIDGE CR 1
SLURRY SEAL HOSP WY FOREST VIEW WY PINE CREST WY 1
SLURRY SEAL HOSP WY WOODRIDGE CR BRENTWOOD CT 1
SLURRY SEAL INGLETON AV ALVERTON DR TOPIARY ST 2
SLURRY SEAL INNOVATION WY SLATER PL GATEWAY RD 2
SLURRY SEAL IVY ST MARGUERITE LN ROSEMARY AV 3
SLURRY SEAL IVY ST ALYSSUM RD MARGUERITE LN 3
SLURRY SEAL IVY ST ROSEMARY AV DAISY AV 3
SLURRY SEAL JAMES DR END OF STREET ST JAMES CT 1
SLURRY SEAL JAMES DR ST JAMES CT BASSWOOD AV 1
SLURRY SEAL JEFFERSON ST BUENA VISTA WY BUENA PL 1
SLURRY SEAL JEFFERSON ST ARBUCKLE PL HOME AV 1
SLURRY SEAL JEFFERSON ST I-5 Bridge Deck LAS FLORES DR 1 SLURRY SEAL JEFFERSON ST BUENA PL KNOWLES AV 1
SLURRY SEAL JEFFERSON ST ARBUCKLE PL LAGUNA DR 1
SLURRY SEAL JEFFERSON ST LAS FLORES DR BUENA VISTA WY 1 SLURRY SEAL JEFFERSON ST KNOWLES AV LAGUNA DR 1
SLURRY SEAL JEFFERSON ST HOME AV GRAND AV 1
SLURRY SEAL KNOWLES AV LEWIS LN END OF STREET 1
SLURRY SEAL KNOWLES AV DAVIS AV LEWIS LN 1
SLURRY SEAL KNOWLES AV DAVIS AV DAVIS AV 1
SLURRY SEAL KNOWLES AV JEFFERSON ST DAVIS AV 1
SLURRY SEAL LAGUNA DR JEFFERSON ST CABRILLO PL 1
SLURRY SEAL LAGUNA DR DAVIS AV END OF STREET 1
SLURRY SEAL LAGUNA DR CABRILLO PL DAVIS AV 1
SLURRY SEAL LAS FLORES DR TUTTLE ST I-5 LAS FLORES SB ON RA 1 SLURRY SEAL LAS FLORES DR I-5 Bridge Deck I-5 LAS FLORES NB ON RA 1 SLURRY SEAL LAS FLORES DR PIO PICO DR CHUPAROSA WY 1
SLURRY SEAL LAS FLORES DR I-5 LAS FLORES NB OF RA PIO PICO DR 1 SLURRY SEAL LAS FLORES DR JEFFERSON ST TUTTLE ST 1
SLURRY SEAL LAS FLORES DR CHUPAROSA WY MORNING GLORY LN 1 SLURRY SEAL LAS FLORES DR MORNING GLORY LN HIGHLAND DR 1 SLURRY SEAL LAS FLORES DR I-5 LAS FLORES SB ON RA I-5 Bridge Deck 1 SLURRY SEAL LASSEN LN AVALON AV BERKELEY AV 2
SLURRY SEAL LEE CT DONNA DR END OF STREET 1
SLURRY SEAL LEVANTE ST MADRILENA WY GALICIA WY 4
SLURRY SEAL LEVANTE ST SACADA CR NUEVA CASTILLA WY 4
SLURRY SEAL LEVANTE ST OVIEDO PL SACADA CR 4
SLURRY SEAL LEVANTE ST SACADA CR OVIEDO PL 4
SLURRY SEAL LEVANTE ST EL CAMINO REAL CAMINITO MONARCA 4 SLURRY SEAL LEVANTE ST CIMA CT LADERA CT 4
SLURRY SEAL LEVANTE ST TORREJON PL BURGOS CT 4
SLURRY SEAL LEVANTE ST BURGOS CT TORREJON PL 4
SLURRY SEAL LEVANTE ST FALDA PL ANILLO WY 4
SLURRY SEAL LEVANTE ST ANILLO WY CUMBRE CT 4
SLURRY SEAL LEVANTE ST TORREJON PL SACADA CR 4
SLURRY SEAL LEVANTE ST ESCENICO TERRACE REPOSADO DR 4
SLURRY SEAL LEVANTE ST LADERA CT ESCENICO TERRACE 4
SLURRY SEAL LEVANTE ST NUEVA CASTILLA WY GALICIA WY 4
SLURRY SEAL LEVANTE ST CAMINITO MONARCA FALDA PL 4
SLURRY SEAL LEVANTE ST REPOSADO DR TORREJON PL 4
SLURRY SEAL LEVANTE ST CUMBRE CT CIMA CT 4
Oct. 6, 2026
Item #5 Page 18 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Treatment STREET SEGMENTS FROM INTERSECTION TO INTERSECTION COUNCIL DISTRICT
STREETS TO BE RESURFACED
SLURRY SEAL LEVANTE ST GALICIA WY MADRILENA WY 4
SLURRY SEAL LEVANTE ST GALICIA WY LA GRAN VIA 4
SLURRY SEAL LINMAR LN TAMARACK AV CHINQUAPIN AV 1
SLURRY SEAL LISMORE PL TOWN GARDEN RD GARDEN HOUSE RD 2 SLURRY SEAL LISMORE PL GARDEN HOUSE RD ARUNDEL AV 2
SLURRY SEAL LONG PL END OF STREET CHINQUAPIN AV 1
SLURRY SEAL LOS ROBLES DR CANNON RD CEREZO DR 2
SLURRY SEAL LOS ROBLES DR CEREZO DR MANZANO DR 2
SLURRY SEAL MADISON ST ARBUCKLE PL GRAND AV 1
SLURRY SEAL MADISON ST LAGUNA DR ARBUCKLE PL 1
SLURRY SEAL MAGNOLIA AV VILLAGE CR VILLAGE DR 1
SLURRY SEAL MAGNOLIA AV YVETTE WY HIGHLAND DR 1
SLURRY SEAL MAGNOLIA AV GRECOURT WY YVETTE WY 1
SLURRY SEAL MAGNOLIA AV HARDING ST END OF STREET 1
SLURRY SEAL MAGNOLIA AV JEFFERSON ST HARDING ST 1
SLURRY SEAL MAGNOLIA AV ADAMS ST GRECOURT WY 1
SLURRY SEAL MAGNOLIA AV MADISON ST JEFFERSON ST 1
SLURRY SEAL MAGNOLIA AV VILLAGE DR MADISON ST 1
SLURRY SEAL MAGNOLIA AV PIO PICO DR ADAMS ST 1
SLURRY SEAL MANZANO DR CARLSBAD BL LOS ROBLES DR 2
SLURRY SEAL MANZANO DR LOS ROBLES DR EL ARBOL DR 2
SLURRY SEAL MARJORIE LN CHESTNUT AV END OF STREET 1
SLURRY SEAL MCKINLEY ST PINE AV BASSWOOD AV 1
SLURRY SEAL METROPOLITAN ST TOWN GARDEN RD END OF STREET 2 SLURRY SEAL MORNING GLORY LN LAS FLORES DR END OF STREET 1 SLURRY SEAL NAPLES CT AMES PL END OF STREET 2
SLURRY SEAL NEWSHIRE ST CHESHIRE AV WILSHIRE AV 2
SLURRY SEAL NYGAARD ST PARADISE RD ALLEY BRESSI RANCH WY 2 SLURRY SEAL NYGAARD ST PARADISE RD PARADISE RD ALLEY 2
SLURRY SEAL NYGAARD ST TOWN GARDEN RD PARADISE RD 2
SLURRY SEAL OAK AV HARDING ST HOPE AV ALLEY 1
SLURRY SEAL OAK AV HOPE AV ALLEY END OF STREET 1
SLURRY SEAL OAK AV PIO PICO DR HIGHLAND DR 1
SLURRY SEAL PALENQUE ST ANILLO WY VISTA LA NISA 4
SLURRY SEAL PALISADES DR DRIFTWOOD CR CORALWOOD CR 1
SLURRY SEAL PALISADES DR CORALWOOD CR CORALWOOD CR 1
SLURRY SEAL PALISADES DR WEST CLIFF CT DRIFTWOOD CR 1
SLURRY SEAL PALISADES DR EAST POINTE AV WEST CLIFF CT 1 SLURRY SEAL PALISADES DR DRIFTWOOD CR DRIFTWOOD CR 1
SLURRY SEAL PALISADES DR CORALWOOD CR TAMARACK AV 1
SLURRY SEAL PALOMAR AIRPORT RD YARROW DR EL CAMINO REAL 2 SLURRY SEAL PANNONIA RD SUNNYHILL DR COASTLINE AV 1
SLURRY SEAL PANNONIA RD COASTLINE AV END OF STREET 1
SLURRY SEAL PARADISE RD VILLAGE GREEN DR ALLEY COTTAGE DR 2 SLURRY SEAL PARADISE RD VILLAGE GREEN DR VILLAGE GREEN DR ALLEY 2 SLURRY SEAL PARADISE RD COTTAGE DR NYGAARD ST 2
SLURRY SEAL PARADISE RD NYGAARD ST BRESSI RANCH WY 2
SLURRY SEAL PARADISE RD ALLEY NYGAARD ST BRESSI RANCH WY 2 SLURRY SEAL PARADISE RD ALLEY VILLAGE GREEN DR NYGAARD ST 2 SLURRY SEAL PASEO ALISO GRADO EL TUPELO OLIVENHAIN RD 4 SLURRY SEAL PASEO ALISO PASEO TULIPERO CALLE BARCELONA 4 SLURRY SEAL PASEO ALISO VIA HOJA GRADO EL TUPELO 4
SLURRY SEAL PASEO ALISO CAMINO ROBLEDO VIA ADELFA 4
SLURRY SEAL PASEO ALISO GRADO EL TUPELO CORTE LIMON 4
SLURRY SEAL PASEO ALISO CORTE CIDRO GRADO EL TUPELO 4
SLURRY SEAL PASEO ALISO CORTE MANGO VIA HOJA 4
SLURRY SEAL PASEO ALISO CORTE LIMON CORTE MANGO 4
Oct. 6, 2026
Item #5 Page 19 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Treatment STREET SEGMENTS FROM INTERSECTION TO INTERSECTION COUNCIL DISTRICT
STREETS TO BE RESURFACED
SLURRY SEAL PASEO ALISO VIA ADELFA PASEO TULIPERO 4
SLURRY SEAL PASEO ALISO CALLE BARCELONA CORTE CIDRO 4
SLURRY SEAL PASEO ALMENDRO CALLE BARCELONA CALLE PINON 4 SLURRY SEAL PASEO ALMENDRO CAMINO SERBAL AVENIDA CIRUELA 4 SLURRY SEAL PASEO ARRAYAN CORTE BALDRE CALLE ALHENA 4
SLURRY SEAL PASEO ARRAYAN CALLE BARCELONA CORTE BALDRE 4 SLURRY SEAL PASEO ARRAYAN CALLE ALHENA END OF STREET 4
SLURRY SEAL PASEO AVELLANO CALLE BARCELONA VISTA ACEDERA 4 SLURRY SEAL PASEO AVELLANO AVENIDA PIMENTERA VIA ARCE 4 SLURRY SEAL PASEO AVELLANO VIA ARCE END OF STREET 4
SLURRY SEAL PASEO AVELLANO VISTA ACEDERA AVENIDA PIMENTERA 4 SLURRY SEAL PASEO DEL NORTE HEATH CT CAMINO DE LAS ONDAS 3 SLURRY SEAL PASEO DEL NORTE CAMINO DE LAS ONDAS SUNFLOWER WY 3 SLURRY SEAL PASEO SAUCEDAL VIA COSCOJA AVENIDA HELECHO 4 SLURRY SEAL PASEO SAUCEDAL GRADO CIPRESO VIA COSCOJA 4
SLURRY SEAL PASEO SAUCEDAL END OF STREET VIA ADELFA 4
SLURRY SEAL PASEO SAUCEDAL VIA ADELFA GRADO CIPRESO 4
SLURRY SEAL PASEO TULIPERO CORTE MORAL CORTE ACEBO 4
SLURRY SEAL PASEO TULIPERO CORTE ACEBO PASEO ALISO 4
SLURRY SEAL PASEO TULIPERO AVENIDA TORONJA CORTE MORAL 4 SLURRY SEAL PINE AV BASSWOOD AV MCKINLEY ST 1
SLURRY SEAL PINE AV MCKINLEY ST HIGHLAND DR 1
SLURRY SEAL PINE AV PIO PICO DR BASSWOOD AV 1
SLURRY SEAL POINT REYES CT CARMEL DR END OF STREET 2
SLURRY SEAL POINT REYES CT END OF STREET CARMEL DR 2
SLURRY SEAL ROOSEVELT ST BEECH AV GRAND AV 1
SLURRY SEAL ROOSEVELT ST LAGUNA DR BEECH AV 1
SLURRY SEAL ROSEMARY AV IVY ST SNAPDRAGON DR 3
SLURRY SEAL SANTA ISABEL ST CORTE MARIA CORTE MARIA 3
SLURRY SEAL SANTA ISABEL ST ALGA RD CORTE MARIA 3
SLURRY SEAL SAUSALITO AV END OF STREET CARMEL DR 2
SLURRY SEAL SAUSALITO AV CARMEL DR PONTIAC DR 2
SLURRY SEAL SEA BLUFF CR COASTLINE AV END OF STREET 1
SLURRY SEAL SEAVIEW WY END OF STREET CHESTNUT AV 1
SLURRY SEAL SEQUOIA AV CARLSBAD BL GARFIELD ST 1
SLURRY SEAL SHERIDAN PL END OF STREET TAMARACK AV 1
SLURRY SEAL SHORE DR CARLSBAD BL CARLSBAD BL 2
SLURRY SEAL SIMSBURY CT HAMDEN WY END OF STREET 2
SLURRY SEAL SIMSBURY CT HAMDEN WY HAMDEN WY 2
SLURRY SEAL SIMSBURY CT TAMARACK AV HAMDEN WY 2
SLURRY SEAL SITIO ABETO CAMINO SERBAL END OF STREET 4
SLURRY SEAL SITIO CAUCHO AVENIDA PIMENTERA END OF STREET 4 SLURRY SEAL SITIO COCO VIA COSCOJA END OF STREET 4
SLURRY SEAL SITIO COCO VIA COSCOJA END OF STREET 4
SLURRY SEAL SITIO MIRTO CAMINO SERBAL END OF STREET 4
SLURRY SEAL SITIO OLMO CAMINO SERBAL END OF STREET 4
SLURRY SEAL SITIO REDONDA END OF STREET CORTE ESPERANZA 4 SLURRY SEAL SITIO TEJO AVENIDA TORONJA END OF STREET 4
SLURRY SEAL SKYLINE RD HILLSIDE DR SUNBURST RD 1
SLURRY SEAL SNAPDRAGON DR POINSETTIA LN ALYSSUM RD 3
SLURRY SEAL SNAPDRAGON DR ALYSSUM RD ROSEMARY AV 3
SLURRY SEAL SPANISH WY END OF STREET CHESTNUT AV 1
SLURRY SEAL ST JAMES CT JAMES DR END OF STREET 1
SLURRY SEAL STANFORD ST BERKELEY AV TIBURON AV 2
SLURRY SEAL STANFORD ST AVALON AV BERKELEY AV 2
SLURRY SEAL STATE ST BEECH AV CHRISTIANSEN WY 1
SLURRY SEAL STATE ST CHRISTIANSEN WY GRAND AV 1
Oct. 6, 2026
Item #5 Page 20 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Treatment STREET SEGMENTS FROM INTERSECTION TO INTERSECTION COUNCIL DISTRICT
STREETS TO BE RESURFACED
SLURRY SEAL STATE ST CARLSBAD BL LAGUNA DR 1
SLURRY SEAL STATE ST LAGUNA DR COASTER STATION DY 1
SLURRY SEAL STATE ST COASTER STATION DY BEECH AV 1
SLURRY SEAL STRATFORD LN PIO PICO DR END OF STREET 1
SLURRY SEAL SUNBURST RD END OF STREET SKYLINE RD 1
SLURRY SEAL SUNBURST RD SKYLINE RD END OF STREET 1
SLURRY SEAL SUNFLOWER WY PASEO DEL NORTE CARNATION DR 3 SLURRY SEAL SUNNYHILL DR PANNONIA RD HORIZON DR 1
SLURRY SEAL SUNNYHILL DR HILLSIDE DR PANNONIA RD 1
SLURRY SEAL SUTTER ST CARMEL DR END OF STREET 2
SLURRY SEAL SUTTER ST HALF DOME PL CARMEL DR 2
SLURRY SEAL SUTTER ST YOSEMITE ST HALF DOME PL 2
SLURRY SEAL TAMARACK AV CARLSBAD VILLAGE DR CHATHAM RD 2 SLURRY SEAL TAMARACK AV CHESHIRE AV SIMSBURY CT 2
SLURRY SEAL TAMARACK AV WILSHIRE AV CHESHIRE AV 2
SLURRY SEAL TAMARACK AV CHATHAM RD WILSHIRE AV 2
SLURRY SEAL TIBURON AV SHASTA PL STANFORD ST 2
SLURRY SEAL TIBURON AV PONTIAC DR SHASTA PL 2
SLURRY SEAL TIERRA DEL ORO ST TIERRA DEL ORO ST END OF STREET 2 SLURRY SEAL TIERRA DEL ORO ST END OF STREET TIERRA DEL ORO ST 2 SLURRY SEAL TIERRA DEL ORO ST CARLSBAD BL TIERRA DEL ORO ST 2 SLURRY SEAL TIGEREYE PL GOLDSTONE RD END OF STREET 3
SLURRY SEAL TOPIARY ST INGLETON AV TOWN GARDEN RD 2
SLURRY SEAL TOPIARY ST GARDEN HOUSE RD ARUNDEL AV 2
SLURRY SEAL TOPIARY ST TOWN GARDEN RD GARDEN HOUSE RD 2 SLURRY SEAL TOPIARY ST DISCOVERY RD INGLETON AV 2
SLURRY SEAL TOPIARY ST ARUNDEL AV DOGWOOD RD 2
SLURRY SEAL TOWN GARDEN RD LISMORE PL TOPIARY ST 2
SLURRY SEAL TOWN GARDEN RD ALVERTON DR LISMORE PL 2
SLURRY SEAL TOWN GARDEN RD NYGAARD ST FINNILA PL 2
SLURRY SEAL TOWN GARDEN RD ALICANTE RD ALVERTON DR 2
SLURRY SEAL TOWN GARDEN RD TOPIARY ST DARTINGTON WY ALLEY 2 SLURRY SEAL TOWN GARDEN RD VILLAGE GREEN DR VILLAGE GREEN DR ALLEY 2 SLURRY SEAL TOWN GARDEN RD COTTAGE DR NYGAARD ST 2
SLURRY SEAL TOWN GARDEN RD VILLAGE GREEN DR ALLEY COTTAGE DR 2 SLURRY SEAL TOWN GARDEN RD DARTINGTON WY ALLEY DARTINGTON WY 2 SLURRY SEAL TOWN GARDEN RD METROPOLITAN ST ALICANTE RD 2 SLURRY SEAL TOWN GARDEN RD EL CAMINO REAL METROPOLITAN ST 2 SLURRY SEAL TOWN GARDEN RD DARTINGTON WY DARTINGTON WY ALLEY 2 SLURRY SEAL TOWN GARDEN RD DARTINGTON WY ALLEY VILLAGE GREEN DR 2 SLURRY SEAL TUTTLE ST NIKI LYNN PL BUENA VISTA WY 1
SLURRY SEAL TUTTLE ST LAS FLORES DR NIKI LYNN PL 1
SLURRY SEAL UNICORNIO ST XANA WY CACATUA ST 3
SLURRY SEAL UNICORNIO ST EL FUERTE ST XANA WY 3
SLURRY SEAL UNICORNIO ST CACATUA ST RANCHO CORTES 3
SLURRY SEAL VALEWOOD AV YOSEMITE ST END OF STREET 2
SLURRY SEAL VALEWOOD AV SIERRA MORENA AV YOSEMITE ST 1 & 2 SLURRY SEAL VALLEY ST MAGNOLIA AV ANDREA AV 1
SLURRY SEAL VALLEY ST ANDREA AV TAMARACK AV 1
SLURRY SEAL VIA ADELFA PASEO ALISO PASEO SAUCEDAL 4
SLURRY SEAL VIA ARCE VISTA ACEDERA CORTE PAPAYA 4
SLURRY SEAL VIA ARCE PASEO AVELLANO END OF STREET 4
SLURRY SEAL VIA ARCE CORTE PAPAYA PASEO AVELLANO 4
SLURRY SEAL VIA COSCOJA PASEO SAUCEDAL SITIO COCO 4
SLURRY SEAL VIA HOJA PASEO ALISO CORTE ARBOLES 4
SLURRY SEAL VIA OPUNTIA AVENIDA HELECHO CAMINO ROBLEDO 4 SLURRY SEAL VILLAGE GREEN DR DARTINGTON WY TOWN GARDEN RD 2 Oct. 6, 2026
Item #5 Page 21 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Treatment STREET SEGMENTS FROM INTERSECTION TO INTERSECTION COUNCIL DISTRICT
STREETS TO BE RESURFACED
SLURRY SEAL VILLAGE GREEN DR GATEWAY RD DARTINGTON WY 2 SLURRY SEAL VILLAGE GREEN DR TOWN GARDEN RD PARADISE RD 2 SLURRY SEAL VISTA ACEDERA VIA ARCE PASEO AVELLANO 4
SLURRY SEAL VISTA ACEDERA END OF STREET VIA ARCE 4
SLURRY SEAL VISTA CANELA AVENIDA CEREZA END OF STREET 4 SLURRY SEAL VISTA CHAPARRAL GRADO EL TUPELO END OF STREET 4 SLURRY SEAL VISTA HIGUERA CAMINO SERBAL END OF STREET 4 SLURRY SEAL VISTA LA NISA PALENQUE ST CALLE PINABETE 4
SLURRY SEAL VISTA LA NISA CALLE PINABETE END OF STREET 4 SLURRY SEAL VISTA LA NISA CAMINO ROBLEDO PALENQUE ST 4
SLURRY SEAL VISTA LA NISA END OF STREET CAMINO ROBLEDO 4 SLURRY SEAL VISTA PALMA AVENIDA CEREZA END OF STREET 4
SLURRY SEAL WEST CLIFF CT PALISADES DR END OF STREET 1
SLURRY SEAL WILSHIRE AV TAMARACK AV GREENWICH ST 2
SLURRY SEAL WILSHIRE AV GREENWICH ST GLENBROOK ST 2
SLURRY SEAL WILSHIRE AV GLENBROOK ST NEWSHIRE ST 2
SLURRY SEAL WOODLAND WY CHESTNUT AV END OF STREET 1
SLURRY SEAL WOODLAND WY END OF STREET CHESTNUT AV 1
SLURRY SEAL XANA WY END OF STREET UNICORNIO ST 3
SLURRY SEAL YOSEMITE ST VALEWOOD AV EL CAPITAN CT 2
SLURRY SEAL YOSEMITE ST EL CAPITAN CT SUTTER ST 2
OVERLAY CAMINO DE LAS ONDAS PASEO DEL NORTE INTERSECTION ONLY 3 OVERLAY CAYENNE LN LA GOLONDRINA ST EL GAVILAN CT 3
OVERLAY CHIRIQUI LN LA GOLONDRINA ST SOCORRO LN 3
OVERLAY CIRCULO ADORNO CALLE ACERVO CIRCULO ADORNO 4
OVERLAY CIRCULO ADORNO CIRCULO ADORNO CIRCULO ADORNO 4
OVERLAY EL AGUILA LN LA GARZA CT LA VANCO CT 3
OVERLAY EL AGUILA LN LA PALOMA ST LA GARZA CT 3
OVERLAY EL AGUILA LN LA VANCO CT FLAMENCO ST 3
OVERLAY & SLURRY SEAL EL CAMINO REAL CALLE BARCELONA CITY BOUNDARY 4 OVERLAY & SLURRY SEAL EL CAMINO REAL CALLE BARCELONA LEVANTE ST 4 OVERLAY & SLURRY SEAL EL CAMINO REAL LEVANTE ST CALLE BARCELONA 4 OVERLAY EL PERICO LN LA GOLONDRINA ST SOCORRO LN 3
OVERLAY FINNILA PL TOWN GARDEN RD GATEWAY RD 2
OVERLAY FLAMENCO ST LA GOLONDRINA ST EL AGUILA ST 3
OVERLAY FLAMENCO ST EL AGUILA ST COLIBRI LN 3
OVERLAY GATEWAY RD FINNILA PL EL FUERTE ST 2
OVERLAY HOPE AV END OF STREET HOME AV 1
OVERLAY HOSP WY EL CAMINO REAL INTERSECTION ONLY 1
OVERLAY LA GARZA CT EL AGUILA ST END OF STREET 3
OVERLAY LA GOLONDRINA ST FLAMENCO ST EL PERICO LN 3
OVERLAY LA GOLONDRINA ST EL PERICO LN CHIRIQUI LN 3
OVERLAY LA PALOMA CT END OF STREET EL GAVILAN CT 3
OVERLAY LA PALOMA ST LA GOLONDRINA ST EL AGUILA ST 3
OVERLAY LA PALOMA ST EL AGUILA ST EL GAVILAN CT 3
OVERLAY LA VANCO CT EL AGUILA ST END OF STREET 3
OVERLAY & SLURRY SEAL PALOMAR AIRPORT RD CAMINO VIDA ROBLE YARROW DR 2 OVERLAY & SLURRY SEAL PALOMAR AIRPORT RD HIDDEN VALLEY RD COLLEGE BL 3 OVERLAY & SLURRY SEAL PALOMAR AIRPORT RD ARMADA DR HIDDEN VALLEY RD 3 OVERLAY & SLURRY SEAL PALOMAR AIRPORT RD PASEO DEL NORTE ARMADA DR 3 OVERLAY & SLURRY SEAL PALOMAR AIRPORT RD PALOMAR OAKS WY CAMINO VIDA ROBLE 2 OVERLAY & SLURRY SEAL PALOMAR AIRPORT RD AVIARA PY PALOMAR OAKS WY 2 OVERLAY SEGOVIA CT SEGOVIA WY END OF STREET 4
OVERLAY SEGOVIA WY ESTANCIA ST QUEBRADA CR 4
OVERLAY SOCORRO LN END OF STREET EL PERICO LN 3
OVERLAY SOCORRO LN EL PERICO LN CORINTIA ST 3
OVERLAY SOCORRO LN CORINTIA ST CHIRIQUI LN 3
Oct. 6, 2026
Item #5 Page 22 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
TRAFFIC SAFETY & MOBILITY COMMISSION
CALL TO ORDER: 4:00 p.m.
ROLL CALL: Coelho, Penseyres, Newlands, Kohl, Schuck.
Absen t: Proulx, Nicholes.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Chair Coelho led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held on July 6, 2026.
Motion by
Commissioner Kohl, seconded by Commissioner Newlands, to approve the minutes of the Regular Meeting held on July 6, 2026, with an amendment to Page 3 of the minutes to add to his comment that Madison Street should have the 2-foot buffer and a reduced parallel parking lane to 7 feet and to Page 4 of the minutes to eliminate his comment. Motion carried, 4/0/1/2 (Schuck – Abstain; Proulx, Nicholes – Absent).
PRESENTATIONS: None.
PUBLIC COMMENTS: None.
CONSENT CALENDAR:
Motion by Commissioner Kohl, seconded by Commissioner Schuck, to approve Consent Calendar Item No. 1. Motion carried, 5/0/2 (Proulx, Nicholes – Absent).
1. 2026 STREET RESURFACING PROJECT, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6001-26: Support staff’s recommendation to the City Council to adopt the plans and specifications, accept bids and award a construction contract to the successful bidder for the 2026 Street Resurfacing Project, Capital Improvement Program No. 6001 -26. (Staff Contact:
Brian O’Dell, Public Works)
Vice-Chair
Penseyres requested staff look into adding dashed line for the bike lane leading into the chicanes on westbound Innovation Way.
Vice-Chair
Penseyres requested staff consider combining the split 2 -foot-wide buffers along Paseo Del Norte to create a single 4-foot-wide buffer to the right of the 6-foot-wide bike lane.
PUBLIC HEARING: None.
DEPARTMENTAL REPORTS:
Aug. 3, 2026, 4 p.m.
Draft
Exhibit 5
Oct. 6, 2026
Item #5 Page 23 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Aug. 3, 2026 Traffic Safety & Mobility Commission Regular Meeting Page 2
2. CITY COUNCIL LEGISLATIVE SUBCOMMITTEE UPDATE : Receive a presentation regarding the work of the City Council Legislative Subcommittee, the City of Carlsbad Intergovernmental Affairs Program and the city’s recent and ongoing advocacy efforts related to traffic safety and mobility. (Staff contact: Jason Haber, Policy & Leadership City Manager)
Recommended Action: Receive the presentation.
Intergovernmental Affairs Director Jason Haber and City Council M ember Melanie Burkholder reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
The Commission received the presentation.
3. POLICE REPORT REGARDING TRAFFIC AND MOBILITY -RELATED MATTERS IN THE SECOND QUARTER OF 2026: Receive a quarterly report from a representative of the City of Carlsbad’s Police Department that will provide an overview of traffic and mobility-related police matters and notable news during the months of April, May and June 2026. (Staff Contact: James Willis, Police)
Recommended Action: Receive the report.
Lieutenant James Willis reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
The Commission received the presentation.
Chair Coelho requested that the data from the previous year’s corresponding quarter be included in future reports.
4. TRAFFIC CALMING PLAN FOR ANILLO WAY, LA GRAN VIA AND MADRILENA WAY, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6070: Support staff’s recommendation to the City Council to approve the proposed traffic calming plan for Anillo Way, La Gran Via and Madrilena Way. (Staff Contact: Miriam Jim and Lindy Pham, Public Works)
Recommended Action: Support staff’s recommendation.
Senior Engineer Miriam Jim and Associate Engineer Lindy Pham reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
The Commission received the presentation.
Jim Litman commented that he had not received any notices except for the door hanger .
He spoke in support of the proposed traffic calming plan and increased speed enforcement.
In response to Vice -Chair Penseyres’ request for staff to provide a histogram of data collected from speed surveys, Associate Engineer Pham confirmed that staff would be Draft
Oct. 6, 2026
Item #5 Page 24 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Aug. 3, 2026 Traffic Safety & Mobility Commission Regular Meeting Page 3
able to create the graph. City Traffic Engineer John Kim added that in the future staff would provide the data behind critical speed analysis.
In response to Vice-Chair Penseyres’ inquiry regarding whether Assembly Bill 43 could be applicable to lower the speed limit, City Traffic Engineer Kim responded that staff are looking at opportunities to lower speed limits per Assembly Bill 43 throughout the city.
Chair Coelho requested staff consider looking into whether there is an exception to include the non- residential portion of Anillo Way as a residential street because of the nearby school or if it can be pulled into another program, such as the Safe Routes to School program.
Motion by Commissioner Kohl, seconded by Commissioner Schuck, to support staff’s recommendation to the City Council to approve the proposed traffic calming plan for Anillo Way, La Gran Via and Madrilena Way. Motion carried, 5/0/2 (Proulx, Nicholes – Absent).
5. TRAFFIC SIGNAL SYSTEM UPDATE : Receive the traffic signal system update. (Staff Contact:
Nestor Mangohig, Public Works)
Recommended Action: Receive the update.
Senior Engineer Nestor Mangohig reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
The Commission received the presentation.
Vice-Chair Penseyres requested staff look into the protected permissive signal phasing on Avenida Encinas.
Vice-Chair Penseyres requested staff look into the signal timing at the intersection of El Camino Real and Camino Vida Roble.
COMMISSION COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS:
Commissioner Schuck spoke about attending the City Council Meeting on July 21, 2026, where the Traffic Safety & Mobility Work Plan for Fiscal Year 2026-27 was approved.
ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the community regarding events that Members of the Commission have been invited to, and may participate in. No announcements were made.
STAFF COMMENTS: City Traffic Engineer John Kim introduced Principal Planner Chris Romano as the new staff liaison for the Traffic Safety & Mobility Commission.
ADJOURNMENT: 6:25 p.m.
Draft
Oct. 6, 2026
Item #5 Page 25 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Aug. 3, 2026 Traffic Safety & Mobility Commission Regular Meeting Page 4
Lovelynne Magalued
Secretary
Draft
Oct. 6, 2026
Item #5 Page 26 of 27
Docusign Envelope ID: C898989A-D142-83FD-8144-6C7AA6711BAA Exhibit 6
Plans, Specifications and Contract Documents
(on file in the Office of the City Clerk)
Oct. 6, 2026
Item #5 Page 27 of 27
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SIGNING AND STRIPING NOTES
2026 STREET RESURFACING PROJECT
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LEGEND:
Docusign Envelope ID: 32B1998E-B828-8D11-839D-A01869071950 6/30/2026
5050 Avenida EncinasSuite 260Carlsbad, CA 92008Phone: (760) 476-9193MBAKERINTL.COM 432026 STREET RESURFACING PROJECT40STATE STREET
LEGEND:
Docusign Envelope ID: 32B1998E-B828-8D11-839D-A01869071950 6/30/2026
25 5050 Avenida EncinasSuite 260Carlsbad, CA 92008Phone: (760) 476-9193MBAKERINTL.COM 432026 STREET RESURFACING PROJECT41JEFFERSON STREET
LEGEND:
Docusign Envelope ID: 32B1998E-B828-8D11-839D-A01869071950 6/30/2026
5050 Avenida EncinasSuite 260Carlsbad, CA 92008Phone: (760) 476-9193MBAKERINTL.COM 432026 STREET RESURFACING PROJECT42JEFFERSON STREET
LEGEND:
Docusign Envelope ID: 32B1998E-B828-8D11-839D-A01869071950 6/30/2026
5050 Avenida EncinasSuite 260Carlsbad, CA 92008Phone: (760) 476-9193MBAKERINTL.COM 432026 STREET RESURFACING PROJECTMAGNOLIA AVENUE43
LEGEND:
Docusign Envelope ID: 32B1998E-B828-8D11-839D-A01869071950 6/30/2026
TABLE OF CONTENTS Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
City of Carlsbad
CONTRACT DOCUMENTS
FOR:
2026 Street Resurfacing Project
Project No. 6001-26
PWS27-4103TRAN
1635 Faraday Ave, Carlsbad, CA 92008
Email: [email protected]
Exhibit 6
TABLE OF CONTENTS Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
Table of Contents
SECTION 1 .................................................................................................................................... 1 00 11 10 NOTICE INVITING BIDS .................................................................................................. 1
1. RECEIPT OF BIDS. ................................................................................................................. 1
2. DESCRIPTION OF WORK. ...................................................................................................... 1
3. COMPLETION OF WORK. ..................................................................................................... 1
4. OPENING AND AWARD OF BIDS. ......................................................................................... 1
5. PERIOD FOR AWARD. ........................................................................................................... 1
6. BIDDER QUALIFICATIONS..................................................................................................... 2
7. PRE-BID CONFERENCE. ........................................................................................................ 2
8. OBTAINING CONTRACT DOCUMENTS. ................................................................................ 2
9. BID GUARANTEE AND BONDS. ............................................................................................ 2
10. PREVAILING WAGE RATES AND LABOR COMPLIANCE. ..................................................... 3
11. PROJECT ADMINISTRATION/QUESTIONS. ......................................................................... 3 00 21 10 INSTRUCTIONS TO BIDDERS .......................................................................................... 4
1. SECURING CONTRACT DOCUMENTS. .................................................................................. 4
2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS. ...................................................... 4
3. INTERPRETATION OF DRAWINGS AND DOCUMENTS. ........................................................ 4
4. QUESTIONS. ......................................................................................................................... 5
5. PRE-BID CONFERENCE. ........................................................................................................ 5
6. ADDENDA. ............................................................................................................................ 6
7. ALTERNATE BIDS. ................................................................................................................. 6 TABLE OF CONTENTS Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
8. COMPLETION OF BID FORMS. ............................................................................................. 6
9. GOVERNING GENERAL PROVISIONS. ................................................................................... 7
10. MODIFICATIONS OF BIDS. .................................................................................................. 8
11. BID GUARANTEE. ............................................................................................................... 8
12. LABOR & MATERIAL BOND AND PERFORMANCE & WARRANTY BOND REQUIREMENTS. 8
13. SUBSTITUTION OF SECURITY. ............................................................................................ 9
14. OPTIONAL ESCROW FOR SECURITY DEPOSIT. ................................................................... 9
15. INSURANCE REQUIREMENTS. ............................................................................................ 9
16. LICENSING REQUIREMENTS. ............................................................................................ 10
17. SUBCONTRACTORS. ......................................................................................................... 11
18. BIDDER INFORMATION AND EXPERIENCE FORM. ........................................................... 12
19. NON-COLLUSION AFFIDAVIT. .......................................................................................... 12
20. IRAN CONTRACTING ACT OF 2010. .................................................................................. 12
21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION. ..................................... 12
22. PREVAILING WAGES. ........................................................................................................ 13
23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS. ............................................ 13
24. SIGNING OF BIDS. ............................................................................................................ 14
25. SUBMISSION OF SEALED BIDS. ........................................................................................ 14
26. OPENING OF BIDS. ........................................................................................................... 15
27. WITHDRAWAL OF BID. ..................................................................................................... 15
28. BIDDERS INTERESTED IN MORE THAN ONE BID. ............................................................. 15
29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES. ........................ 16 TABLE OF CONTENTS Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
30. PERMIT AND INSPECTION FEE ALLOWANCE. .................................................................. 16
31. BASIS OF AWARD; BALANCED BID. .................................................................................. 16
32. AWARD PROCESS. ............................................................................................................ 16
33. EXECUTION OF CONTRACT. ............................................................................................. 17
34. BUSINESS LICENSE ........................................................................................................... 17
35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES. .............................. 17
36. USE OF RECYCLED MATERIALS ......................................................................................... 17
37. STATUTORY REFERENCES ................................................................................................ 17 00 41 00 BID FORM .................................................................................................................... 18
1. BID SCHEDULE ................................................................................................................ 19
2. TOTAL BID PRICE ............................................................................................................ 22
3. RECITALS ........................................................................................................................ 22 00 43 10 BID BOND FORM ......................................................................................................... 28 00 43 20 BID SECURITY............................................................................................................... 30 00 43 30 PROPOSED SUBCONTRACTORS FORM ........................................................................ 31 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM ....................................................... 33
1. INFORMATION ABOUT BIDDER ...................................................................................... 33
2. LIST OF CURRENT PROJECTS (BACKLOG) ....................................................................... 35
3. VERIFICATION AND EXECUTION ..................................................................................... 39 00 45 10 NON-COLLUSION AFFIDAVIT ....................................................................................... 40 00 45 15 IRAN CONTRACTING ACT CERTIFICATION ................................................................... 41 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION .................................. 42 TABLE OF CONTENTS Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
00 45 25 CERTIFICATE OF INSURANCE ....................................................................................... 43 00 45 30 STATEMENT REGARDING DEBARMENT ...................................................................... 44 00 45 35 DISCLOSURE OF DISCIPLINE RECORD .......................................................................... 45 00 52 00 CONTRACT ................................................................................................................... 47 00 61 10 LABOR AND MATERIALS BOND ................................................................................... 51 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND .................................................... 54 00 61 30 OPTIONAL ESCROW AGREEMENT ............................................................................... 58 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS ....................................................... 61 INTRODUCTION ..................................................................................................................... 61 00 74 00 AGENCY SUPPLEMENTAL PROVISIONS TO GREENBOOK .......................................... 169 INTRODUCTION ................................................................................................................... 169 PART 2 CONSTRUCTION MATERIALS ....................................................................................... 170 PART 3 CONSTRUCTION METHODS ......................................................................................... 176 PART 4 EXISTING IMPROVEMENTS .......................................................................................... 188 SECTION 2 ................................................................................................................................ 191 01 11 00 SUMMARY OF WORK ................................................................................................ 191 PART 1 GENERAL .................................................................................................................. 191
APPENDICES
Appendix A – Staging Areas
Appendix B – Door Hanger and Notification Post Card Template Appendix C – CARB Certification
Appendix D – Tier 2 City Storm Water Pollution Prevention Plan Appendix E – Woodland Way Site Photos
00 11 10 NOTICE INVITING BIDS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
SECTION 1
00 11 10 NOTICE INVITING BIDS
1. RECEIPT OF BIDS.
The City of Carlsbad (“Agency”) will accept Bids via electronic format via the City of Carlsbad Electronic Bidding Site up to and no later than 11 a.m. on September 17, 2026, through the online bidding portal (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov)) for the construction of the Work entitled:
2026 Street Resurfacing Project
PWS27-4103TRAN
Project No. 6001-26
2. DESCRIPTION OF WORK.
The Work includes the provision of all equipment, labor, materials, tools, services, transportation, permits, utilities, and all other items necessary to complete the construction of the following, as specified and shown in the Construction Documents: resurfacing of approximately 50 miles of City streets by application of Type 1 slurry seal, Type 2 slurry seal, or asphalt concrete overlay , followed by re -striping the roadway , installation of thermoplastic symbols and legends, and some minor concrete work.
The Work Site is located in the City of Carlsbad, in the County of San Diego, California.
3. COMPLETION OF WORK.
The Contract Time is established as one hundred seventy (170) Working Days. The Contract Time shall be gin on the date of receipt of the Notice to Proceed. The Engineers’ estimate for this Project is $15,239,000.00.
4. OPENING AND AWARD OF BIDS.
Agency shall consider awarding the Contract for the Project to the lowest, responsive, responsible Bidder as determined by the Agency from the base Bid alone. The Agency has the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the Bidding process.
5. PERIOD FOR AWARD.
A period of ninety (90) Calendar Days from the time of Bid opening may be required to award the Contract. No Bidder may withdraw its Bid or Bid Guarantee during this period. Bidders shall assume full responsibility for their Bid Price during this period and shall make certain that such delay does not restrict the Bid Guarantee.
00 11 10 NOTICE INVITING BIDS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
6. BIDDER QUALIFICATIONS.
Bidders shall be licensed contractors pursuant to Business and Professions Code Sections 7000 et seq. under the classification of A – General Engineering as of the date of submittal of the Bid Documents and shall maintain such license until final acceptance of the Work. Additional qualifications are included in the Contract Documents.
7. PRE-BID CONFERENCE.
The Agency will not conduct a pre-Bid Conference.
8. OBTAINING CONTRACT DOCUMENTS.
Bidders may obtain a copy of the Contract Documents from Agency’s website (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) ). To the extent required by Public Contract Code Section 20103.7, upon request from a contractor plan room service, the Agency shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. It is the responsibility of each prospective Bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a Bid. All Addenda will be posted on the online bidding portal. It is the responsibility of each prospective Bidder to check the online bidding portal on a daily basis through the close of the bidding period for any applicable Addenda.
The Agency does not assume any liability or responsibility for any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on the online bidding portal may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by the online bidding portal.
No time extensions or other consideration will be given for non -receipt or other circumstance associated with the review or acquisition of Contract Documents. Bids must be submitted on the Agency’s Bid Forms in the Contract Documents.
9. BID GUARANTEE AND BONDS.
Each Bid shall be accompanied by cash, a certified or cashier’s check or Bid Bond secured from a surety company satisfactory to the Agency, the amount of which shall not be less than 10% of the submitted Total Bid Price, made payable to the Agency as bid security. The bid security shall be provided as a guarantee that within 10 Working Days after the Agency provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within these 10 Working Days. No interest will be paid on funds deposited with the Agency.
All Bidders must upload Bidder’s Bond to the online bidding portal. The original Bid Bond for the 3 apparent low Bidders must be submitted to the city within 2 Business Days of Bid opening.
The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth in the Contract Documents, shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section
00 11 10 NOTICE INVITING BIDS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
995.120, and that is a California admitted surety insurer. Pursuant to Public Contract Code Section 22300 , the successful Bidder may substitute certain securities for funds withheld by Agency to ensure its performance under the Contract.
10. PREVAILING WAGE RATES AND LABOR COMPLIANCE.
This Project is subject to prevailing wages and labor compliance per the Labor Code. To this end, Bidder shall sign and submit with its Bid the California Department of Industrial Relations (DIR) Public Works Contractor Registration Certification on the form 00 45 00 provided. Failure to submit this form may render the bid non -responsive. In addition, each Bidder shall provide the registration number for each listed Subcontractor in the space provided in the Proposed Subcontractors form. In bidding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its Bid. A copy of the prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/.
11. CALIFORNIA AIR RESOURCES BOARD ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please see Attachment E and visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean- fleets.
11. PROJECT ADMINISTRATION/QUESTIONS.
Requests for Information (RFI) or interpretations of Bid Documents during the bid period shall be submitted via Online Q&A in the online bidding portal.
The cutoff date and time to submit questions or substitution request regarding this Project via Online Q&A in the online bidding portal is September 4, 2026 , at 5 p.m. No questions will be entertained after that date.
The answers to questions submitted during the bidding period will be published in an addendum and provide to those bidding on the Project no later than September 11, 2026.
For further information, see the online bidding portal.
END OF SECTION
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
00 21 10 INSTRUCTIONS TO BIDDERS
1. SECURING CONTRACT DOCUMENTS.
Bids must be submitted to the Agency on the Bid Forms which are a part of the Contract Documents for the Project. The Contract Documents may be obtained from the Agency’s online bidding portal (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) ). Prospective bidders are encouraged to communicate with the Agency well in advance of the date and time bids are due to the Agency (“Bid Submission Deadline”) to determine the availability of Contract Documents.
The Agency may also make the Contract Documents available for review at one or more plan rooms. Prospective Bidders who choose to review the Contract Documents at a plan room must contact the Agency to obtain the required Contract Documents if they decide to submit a Bid for the Project.
Addenda will be posted on the online bidding portal . Failure to acknowledge all Addenda may make a Bid nonresponsive and ineligible for award of the Contract. Bidders are advised to verify the issuance of all Addenda and receipt of them 1 Working D ay prior to bidding. Failure to acknowledge all Addenda may make a Bid nonresponsive and ineligible for award of the Contract.
2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS.
At its own expense and before submitting its Bid, each Bidder shall visit the Site of the proposed Work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the Work, including but not limited to, difficulties and restrictions attending the execution of the Work under the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract Documents, and all other referenced documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the Work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors. Each Bidder shall also familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the Work, including the cost of permits and licenses required for the Work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the Site or where Work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the Site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under California law. The submissi on of a Bid shall be taken as conclusive evidence of compliance with this Section.
3. INTERPRETATION OF DRAWINGS AND DOCUMENTS.
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other parts of the Contract Documents, or discrepancies in or omissions from the Drawings and
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
Specifications, may promptly submit a written request for information, interpretation, clarification, or correction (“RFI”) to the Bid Administrator , the Agencies designated representative for soliciting and conducting bids on the Agencies online ebidding portal. (defined below). The Agency may not respond to RFIs submitted past the Q&A Submission Deadline. The Bidder submitting the RFI is responsible for prompt delivery to the Bid Administrator.
Responses to RFIs will be made only by duly issued written Addenda. The Agency shall not provide verbal responses to RFIs. Copies of written Addenda will be posted on the online bidding portal for each prospective Bidder who has downloaded a set of Contract Documents. The Agency will not be responsible for any other explanation or interpretations of the Drawings, Specifications or other parts of the Contract Documents. If any Prospective Bidder becomes aware of any errors or omissions in any part of the Contract Documents, the Prospective Bidder must promptly notify the Agency of such error or omission.
Before award of the Contract, no addition to, modification of, or interpretation of any provision in the Contract Documents will be given by any agent, employee or contractor of the Agency except as otherwise specified in these Instructions to Bidders. 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 m ust be submitted through the online ebidding portal .
Questions shall be definite and certain, and shall reference applicable drawing sheets, notes, details or specification sections. The deadline to submit questions is identified in the Notice Inviting Bids. Questions received after the deadline may not be answered. Responses to questions submitted during the bidding period will be published in an Addendum and provided to those bidding on the Project no later than the date specified in the Notice Inviting Bids.
Except for the Agency’s Bid Administrator, no other members of the Agency’s staff or Board should be contacted about this procurement during the bidding process. All inquiries and comments from Prospective Bidders regarding a proposed Bid must be communicated in writing, unless otherwise instructed by the Agency. The Agency may, in its sole discretion, disqualify any Prospective Bidder who engages in any prohibited communications.
5. PRE-BID CONFERENCE.
The Notice Inviting Bids shall state whether a Pre-Bid Conference will be held and, if so, whether attendance is mandatory . Bids will not be accepted from any bidder who did not attend a Mandatory Pre-Bid Conference. The Conference will commence at the specified start time and the Site visit will begin at the conclusion of the Conference. Prospective Bidders who arrive late and who do not sign the “Sign -In” or attendance sheet, may be disqualified from the bidding process.
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
Representatives of the Agency and its consultants, if any, will be present to the extent possible.
Questions asked by Bidders at the Pre -Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference.
A Pre -Bid Conference may include a Project Site visit. Personal Protective Equipment (PPE) is required of all Job Walk attendees. Attendees are required to wear closed toe shoes, long pants, no sleeveless shirts, safety glasses (may be prescription with side shields if in process areas), safety vests and hard hats. Only those possessing such attire will be allowed on the Job Site. The Agency will not provide personal protective equipment to Job Walk attendees.
6. ADDENDA.
The Agency may revise the Contract Documents before the Bid Submission Deadline. Revisions, if any, shall be made by written Addenda. All Addenda will be posted on the online bidding portal.
All Addenda issued by the Agency shall be acknowledged by the Bidder on the online bidding portal and made part of the Contract Documents. The Bidder shall acknowledge the Addenda before submitting its Bid. Bidders are responsible for the receipt of all Addenda. The Agency may reject a Bid if the Bidder fails to acknowledge all Addenda.
Pursuant to Public Contract Code Section 4104.5, if the Agency issues an Addendum which includes material changes to the Project less than 72 hours before the Bid Submission Deadline, the Agency will extend the Bid Submission Deadline by no less than 72 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.
If the Agency utilizes alternate Bid items as described above, the Notice Inviting Bids will prescribe predetermined criteria for the Bid package selection or a selection process in which price information and Bidder identities are not revealed to the Agency before the Bid Submission Deadline.
8. COMPLETION OF BID FORMS.
Bids shall only be prepared using the Bid Forms which are included in the Contract Documents.
The use of substitute Bid Forms other than legible and correct photocopies of those provided by the Agency are prohibited. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A”
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Use of black or blue ink, indelible penc il, 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)
2. Bid Bond (00 43 10) or Bid Security (00 43 20) with check/cash
3. Proposed Subcontractors Form (00 43 30)
4. Bidder Information and Experience Form (00 43 40)
5. Non-Collusion Affidavit (00 45 10)
6. Iran Contracting Act Certification (00 45 15)
7. Public Works Contractor Registration Certification (00 45 20)
8. Certificate of Insurance (00 45 25)
9. Statement Regarding Debarment (00 45 30)
10. Disclosure of Discipline Record (00 45 35)
11. CARB Certification (Appendix C)
12. Acknowledgement of ALL Addenda on the online bidding portal.
13. Optional Escrow Agreement, as applicable (00 61 30)
All Bids shall be computed on the basis of the given estimated quantities of work, as indicated in the Bid, multiplied by the unit price as submitted by the Bidder.
When paper copies are submitted, all prices must be written in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
9. GOVERNING GENERAL PROVISIONS.
The Specifications contained in the Agency Supplemental General Provisions (00 73 00) take precedence over the specification language contained in the Standard Specifications for Public Works Construction, “the Greenbook” latest edition and all errata. The Supplemental General Provisions address th e unique conditions in the City of Carlsbad that are not addressed in the Greenbook. Therefore, if there is a conflict between the two, the Supplemental Provisions shall control over the Greenbook.
The Greenbook may be purchased at Bidder’s/Contractor’s local technical bookstore, online or directly from the publisher. The Supplemental Provisions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies.
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
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 PERFORMANCE & WARRANTY BOND REQUIREMENTS.
The successful Bidder shall furnish Agency with a Labor and Material Payment Bond and a Performance and Warranty Bond, each in an amount equal to 100% of the Contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120 and is admitted by the State of California, and whose assets exceed their liabilities in an amount equal to or in excess of the
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
amount of the bond. The Agency shall not accept personal sureties and unregistered surety companies. Each bond shall be accompanied, upon the request of Agency, with all documents required by Code of Civil Procedure Section 995.660 to the extent required b y 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 General Conditions. If the Bid is accepted, and if requested by the Agency, Contractor shall provide Agency or preferred vendor copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Insurance Code Section 900 et seq. within 10 Calendar Days of the insurer’s receipt of a request to submit the statements.
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the Agency the following certificate before performing the Work under the Contract:
I am aware of the provisions of Labor Code Section 3700, which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
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.
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
Notwithstanding anything contained in this Contract , if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code Section 20103.5.
17. SUBCONTRACTORS.
Bidder shall set forth the name, address of the place of business, and contractor license number of each Subcontractor who will perform work, labor, furnish materials or render services to the bidder on the Contract. This requirement includes each Subcontractor licensed by the State of California who, under subcontract to Bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one -half of one percent (0.5%) of the total Bid price. Additionally, the Bidder shall indicate the portion of the Work to be done by each Subcontractor in accordance with Public Contract Code Section 4104.
Bidder shall submit Proposed Subcontractors Form (00 43 30) with the Bid Package.
This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the Bid as non -responsive. Any Bid that proposes performance of more than 50 percent of the Work by Subcontractors or performance by forces other than the Bidder’s own organization will be rejected as non -responsive. Specialty items of work that may be so designated on the Proposed Subcontractors Form (00 43 30) “Contractor’s Bid” will not be included in computing the percentage of work proposed to be performed by the Bidder.
Suppliers of materials from sources outside the limits of Work are not Subcontractors. The value of materials and transport of materials from sources outside the limits of Work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor, as the case may be, that the Bidder proposes as installer of the materials. The value of material incorporated in any Subcontractor-installed Bid item that is supplied by the Bidder shall be included as a part of the Work that the Bidder proposes to be performed by the Subcontractor installing the item.
When the Bidder proposes to use a Subcontractor to construct or install less than 100 percent of a Bid item, the Bidder shall attach an explanation sheet to the Proposed Subcontractor Form (00 43 30). The explanation sheet shall clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the Work with its own forces.
Determination of the subcontract amounts for purposes of award of the Contract shall be determined by the Board in conformance with the provisions of the Contract Documents. The decision of the Board shall be final.
Contractor is prohibited from performing any Work on this Project with a Subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Section 1771.1 or 1777.7.
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
Bidders shall make copies of the disclosure forms as may be necessary to provide the required information to Subcontractors. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.
18. BIDDER INFORMATION AND EXPERIENCE FORM.
Each Bidder shall complete the provided questionnaire and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the Bid to be rejected as non -responsive. The Agency may reject any Bid if an investigation of the information submitted does not satisfy the Agency that the Bidder is qualified to properly carry out the terms of the Contract.
The Bidder shall submit Bidder Information and Experience Form (00 43 40) with the Bid Package.
19. NON-COLLUSION AFFIDAVIT.
Bidders on all public works contracts are required to submit an affidavit of non -collusion with their Bid. This form (00 45 10 Non-Collusion Affidavit) is included with the Bid Package and must be signed and dated under penalty of perjury.
20. IRAN CONTRACTING ACT OF 2010.
In accordance with Public Contract Code Section 2200 et seq ., the Agency requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the Agency with respect to goods or services of $1,000,000 or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list 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
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded the Contract, the Bidder and its Subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance 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.
Pursuant to Labor Code Sections 1720, et. seq. and 1770, et. seq., Contractor shall pay prevailing wages for all Work performed under the Contract. The Agency has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which the Work will be performed for each craft or type of worker needed to execute the Contract. These rates are available at the Agency or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS.
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Section 1777.1 or 1777.7. An y contract on a public works project executed between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any pub lic money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred Subcontractor who has been allowed to work on the Project.
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
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, whether in the form of a cashier’s check, a properly certified check or an approved corporate surety bond payable to the Agency, Bidders must upload an electronic Portable Document Format (PDF) copy of the Bid Guarantee to the online bidding portal. The first 3 apparent low Bidders must provide the Agency with the original Bid Guarantee within 2 Business Days after the Bid opening date.
Failure to submit the electronic version of the Bid Guarantee at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Failure to provide the original within 2 business days may deem the bidder non-responsive.
Original Bid Bond shall be submitted to:
Public Works Contract Administration
Attention: Graham Jordan, Contract Administrator
1635 Faraday Avenue
Carlsbad, California, 92008
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
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 Submission Deadline, provided that resubmitted Bids are in conformance with these Instructions to Bidders.
Bids may be withdrawn after bid opening only by providing written notice to Agency within five (5) Working Days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the Agency.
28. BIDDERS INTERESTED IN MORE THAN ONE BID.
No Bidder shall be allowed to make, file or be interested in more than 1 Bid for the same work unless alternate Bids are specifically called for. If the Notice Inviting Bids provides for alternate Bids, a person, firm or corporation that has submitted a sub -proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not disqualified from submitting a sub -proposal or quoting prices to other Bidders. No person, firm, corporation, or other entity may submit a sub -
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
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 total Bid price. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Price Proposal Form. Also, the sum of all lump sum line items will govern over the “Total Proposed Lump Sum Price” line item.
The Agency may reject any Bid which, in its opinion when compared to other Bids received or to the Agency’s internal estimates, does not accurately reflect the cost to perform the Work. The Agency may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to 1 or more particular Bid items or otherwise violates Public Contract Code Section 9203.
32. AWARD PROCESS.
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Board may award the Contract. Once notified by Agency staff, the apparent successful Bidder should begin to prepare the following documents: (1) the Labor and Materials Bond; (2) the Performance and Warranty Bond; and (3) the required insurance certificates and endorsements. Once the Agency notifies the Bidder of the award, the Bidder will have 10 Working Days from the date of this notification to execute the Contract and supply the Agency with all of the required documents and certifications or the Bidder may forfeit the Bid security and the
00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: August 17, 2026 Document Version: 1.0 Current Update: May 2023
Agency may pursue award of the Contract to the next lowest, responsive, responsible Bidder.
Once the Agency receives all properly drafted and executed documents and certifications from the Bidder, the Agency shall issue a Notice to Proceed to that Bidder.
33. EXECUTION OF CONTRACT.
As required in these Instructions to Bidders, the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The Agency may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.
34. BUSINESS LICENSE
The prime Contractor 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.
The Agency encourages the participation of minority and women-owned businesses.
36. USE OF RECYCLED MATERIALS
The Agency encourages Bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Agency’s Engineer.
37. STATUTORY REFERENCES
All references in these Instructions to Bidders (00 21 10) to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented or replaced from time to time by the corresponding legislative or regulatory body.
END OF SECTION
00 41 10 BID FORM Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
00 41 00 BID FORM
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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). Attached is the completed Bidder Information and Experience form (00 45 40) Attached is the fully executed Non-collusion Affidavit (00 45 10). Attached is the completed Iran Contracting Act Certification form (00 45 15). Attached is the completed Public Works Contractor Registration Certification form (00 45 20).
Attached is the completed Certificate of Insurance form (00 45 25). Attached is the Statement of Regarding Debarment form (00 45 30) Attached is the Disclosure of Discipline Record (00 45 35) Attached is the Optional Escrow Agreement (if applicable) (00 61 30)
00 41 10 BID FORM Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
1. BID SCHEDULE
Item
No.
Item
Description
Quantity Unit of
Measure
Unit Price Total
1. Mobilization 1 LS
2. Staging 1 LS
3. Construction schedule
and public notification
of work
1 LS
4. Storm water pollution
prevention plan
preparation,
implementation and
maintenance
1 LS
5. Temporary traffic
control 1 LS
6. Clearing and grubbing 1 LS
7. Street sweeping and
dust control 1 LS
8. Survey monument field
survey, set reference
ties, pre-construction
corner record
1 LS
9. Tie out and re-establish
survey monuments,
post-construction
corner record
60 EA
10. Remove existing
thermoplastic and
pavement markings
1 LS
11. Remove & replace
median curb, Including
existing pavers
1 LS
12. Remove and reset
concrete wheel stop 6 EA
13. Clear Debris and Fill
Void Behind Guardrail
on Woodland Way
1 LS
14. Localized Full Depth
Pavement Section Dig-
out (7-inches AC over
max 12-inches base)
1000 SF
00 41 10 BID FORM Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
15. Cold mill 2” AC and
dispose of grindings –
for patching throughout
project
1337200 SF
16. AC Cold Milling And
Disposal of Grindings –
Cost per Inch Greater
than 2” Depth
(Provisional Item)
20000 SF
17. Cold mill 1.5” AC and
dispose of grindings –
for overlay residential
329600 SF
18. Cold mill 2" AC and
dispose grindings - for
overlay arterial
656810 SF
19. Construct 2" Type III-C3-
PG 64-10 AC - for
patching only
16200 TON
20. Construct 1.5" Type III-
C3-PG 64-28 AC - for
overlay residential
3000 TON
21. Construct 2" Type III-C3-
PG 64-28 AC - for
overlay arterial
8000 TON
22. Crack seal streets with
hot applied crack
sealant and detack de-
tackifier
7070 BOXES
23. Crack routing as
directed by city
inspector
10360 LF
24. Slurry Seal, Type I
PMCQS-1H-EAS w/ 2.5%
Polymer by Weight of
Residual Asphalt and
0.15% Fiber on dry
aggregate basis
4280 TON
25. Slurry Seal, Type II
PMCQS-1H-EAS w/ 2.5%
Polymer by Weight of
Residual Asphalt
2470 TON
26. 4" White Stripe 1 LS
27. 12" White Stripe 1 LS
00 41 10 BID FORM Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
28. 24" White Stripe 1 LS
29. Yellow Median Nose
Paint 1 LS
30. Green Paint 1 LS
31. Install Signs 1 LS
32. Pavement Markings 1 LS
33. CA MUTCD Detail 2 1 LS
34. CA MUTCD Detail 9 1 LS
35. CA MUTCD Detail 12 1 LS
36. CA MUTCD Detail 22 1 LS
37. CA MUTCD Detail 25 1 LS
38. CA MUTCD Detail 26 1 LS
39. CA MUTCD Detail 27B 1 LS
40. CA MUTCD Detail 29 1 LS
41. CA MUTCD Detail 32 1 LS
42. CA MUTCD Detail 37B 1 LS
43. CA MUTCD Detail 38 1 LS
44. CA MUTCD Detail 39 1 LS
45. CA MUTCD Detail 39A 1 LS
46. CA MUTCD Detail 40 1 LS
47. Install Blue Fire Hydrant
Reflective Pavement
Markers
550 EA
48. Replace Water Valve
and Survey Monument
Boxes and Adjust To
Grade
245 EA
49. Adjust Manholes to
Grade 65 EA
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.
00 41 10 BID FORM Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
2. TOTAL BID PRICE
The undersigned agrees that this Bid Form constitutes a firm offer to the Agency which cannot be withdrawn for ninety (90) Calendar Days from and after the Bid opening, or until a Contract for the Work is fully executed by the Agency and the lowest responsible Bidder, whichever is later.
The Undersigned has carefully checked all the above figures and understands that the Agency will not be responsible for any error or omission on the part of the Undersigned in preparing this Bid.
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 requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the Work of this Contract and continue to comply until the Contract is complete.
The TOTAL BID PRICE on Bid Schedule total of Unit Prices:
Total Bid Price in Numbers:
Total Bid Price in Written Form:
In case of discrepancy between the written price, the numerical price, or the price as submitted via the online bidding portal, the online bidding portal price shall prevail.
00 41 10 BID FORM Date Printed: August 17, 2026
Document Version: 1.0 Current Update: May 2023
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):
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
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 continued on next page)
00 41 10 BID FORM Date Printed: August 14, 2026
Document Version: 1.0 Current Update: May 2023
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: August 14, 2026
Document Version: 1.0 Current Update: May 2023
IF A PARTNERSHIP, SIGN HERE:
I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct.
1 Name under which
business is
conducted
______________________________________________________
2 Signature (given and
surname and role)
(Note: Signature
must be made by a
general partner)
Printed/Typed Name
______________________________________________________
______________________________________________________
3 Place of Business
(Full Address: street,
number, city, state,
zip)
______________________________________________________
______________________________________________________
______________________________________________________
4 Telephone Number ______________________________________________________
5 Email ______________________________________________________
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
00 41 10 BID FORM Date Printed: August 14, 2026
Document Version: 1.0 Current Update: May 2023
IF A CORPORATION, SIGN HERE:
I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct.
1 Name under which
business is
conducted
______________________________________________________
2 Signature (given and
surname and Title)
(Note: Signature
must be made by a
someone who can
bind the
corporation)
Printed/Typed Name
______________________________________________________
______________________________________________________
3 Place of Business
(Full Address: street,
number, city, state,
zip)
______________________________________________________
______________________________________________________
______________________________________________________
4 Telephone Number ______________________________________________________
5 Email ______________________________________________________
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
00 41 10 BID FORM Date Printed: August 14, 2026
Document Version: 1.0 Current Update: May 2023
List below names of president, vice president, CFO, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners:
Approved as to form this ___________________day of _____________________ 20_______.
______________________________________________
Attorney for Agency
END OF SECTION
00 43 10 BID BOND FORM Date Printed: August 14, 2026
Document Version: 1.0 Current Update: May 2023
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: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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.
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00 43 10 BID BOND FORM Date Printed: August 14, 2026
Document Version: 1.0 Current Update: May 2023
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: August 14, 2026
Document Version: 1.0 Current Update: May 2023
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: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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: August 14, 2026 Document Version: 1.0 Current Update: May 2023
00 43 30 PROPOSED SUBCONTRACTORS FORM
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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: August 14, 2026 Document Version: 1.0 Current Update: May 2023
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No./ Exp
Date
DIR
Registration
Number /
Exp. Date
Type of Work
to be done by
Subcontractor
% of
Work
Amount of Work
by Subcontractor
in Dollars*
Pursuant to Public Contract Code Section 4104, subdivision (a)(3)(A), receipt of the information preceded by an asterisk (*) may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”
END OF SECTION
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
NAME OF BIDDER:
1. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture.
1. Type, if Entity:
2. Bidder Address:
a. Facsimile Number
b. Telephone Number
c. Email Address
3. How many years has Bidder’s organization been in business as a contractor?
4. How many years has Bidder’s organization been in business under its present name? a. Under what other or former names has Bidder’s organization operated?
5. If Bidder’s organization is a corporation, answer the following:
a. Date of Incorporation:
b. State of Incorporation:
c. President’s Name:
d. Vice-President’s Name(s):
e. Secretary’s Name:
f. Treasurer’s Name:
g. CFO’s Name:
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023
6. If an individual or a partnership, answer the following:
a. Date of Organization:
b. Name and address of all partners (state whether general or limited partnership):
7. If other than a corporation or partnership, describe organization and name principals:
8. List other states in which Bidder’s organization is legally qualified to do business.
9. What type of work does the Bidder normally perform with its own forces?
10. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
11. Within the last 5 years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
12. List Trade References:
13. List Bank References (Bank and Branch Address):
14. Name of Bonding Company and Name and Address of Agent:
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023
2. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate or attach additional pages if needed for listing current projects.**] Project Name
Sub or Prime?
Description of Bidder’s Work Client
Name
Completion
Date
Cost of
Bidder’s
Work
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023
LIST OF COMPLETED PROJECTS (LAST 3 YEARS)
[**Duplicate or attach additional pages if needed for listing completed projects. **]
Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.
Project Name
Sub or Prime?
Description of Bidder’s Work Client
Name
Completion
Date
Cost of
Bidder’s Work
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023
EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:
The Bidder shall identify the key personnel to be assigned to this Project in a management, construction supervision or engineering capacity. Add additional pages to identify ALL key personnel. Bidder may submit a 2-page resume of each key personnel mentioned above.
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the Agency.
Job Title
Name
% time on this
Project
Specialized
Education
Years of
construction
experience
relevant to the
Project
Summarize the
experience
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023
Additional Bidder’s Statements:
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023
3. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder: _
Signature: _____________________________________________________________________
Name: ________________________________________________________________________
Title: _________________________________________________________________________
Date: _________________________________________________________________________
END OF SECTION
00 45 10 NON-COLLUSION AFFIDAVIT Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023
00 45 10 NON-COLLUSION AFFIDAVIT
NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
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: August 14, 2026 Document Version: 1.0 Current Update: May 2023
00 45 15 IRAN CONTRACTING ACT CERTIFICATION
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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: August 14, 2026 Document Version: 1.0 Current Update: May 2023
00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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: August 14, 2026 Document Version: 1.0 Current Update: May 2023
00 45 25 CERTIFICATE OF INSURANCE
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
NAME OF BIDDER:
Bidder must attach either of the following to this page.
Certificates of insurance showing conformance with the requirements for each of:
a. Comprehensive General Liability
b. Automobile Liability
c. Workers Compensation
d. Employer’s Liability
Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder the required policies of insurance for Comprehensive General Liability, Automobile 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: August 14, 2026 Document Version: 1.0 Current Update: May 2023
00 45 30 STATEMENT REGARDING DEBARMENT
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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: August 14, 2026 Document Version: 1.0 Current Update: May 2023
00 45 35 DISCLOSURE OF DISCIPLINE RECORD
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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: August 14, 2026 Document Version: 1.0 Current Update: May 2023
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: September 22, 2026
Document Version: 1.0 Current Update: May 2023
00 52 00 CONTRACT
This Project No . 6001-26 (“Contract”) is made and entered into this ____________ day of ________________________________, 2026, by and between the City of Carlsbad (“Agency”) and Eagle Paving LLC (“Contractor”), whose principal place of business is 14284 Danielson Street Poway, California 92064.
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: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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 one hundred seventy (170) Days from the commencement date stated in the Notice to Proceed. Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
3. CONTRACT PRICE.
The Agency shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions made in accordance with the Contract Documents and including all applicable taxes and costs, the sum of nine million seven hundred seventy -seven thousand dollars ($9,777,000). Payment shall be made as set forth in the General Conditions.
The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The Agency shall withhold retention as required by Public Contract Code Section 9203.
4. LIQUIDATED DAMAGES.
In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay the Agency the sum set forth in Section 00 73 00 Supplemental General Provisions for each and every Calendar Day of delay beyond the time of completion prescribed in this Contract as Liquidated Damages and not as a penalty or forfeiture. If this sum is not paid, the Contractor agrees the Agency may deduct that amount from any money due or that may become due the
00 52 00 CONTRACT Date Printed: September 22, 2026
Document Version: 1.0 Current Update: May 2023
Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents.
5. CONTRACT DOCUMENTS.
The “Contract Documents” include the following:
● 00 11 10 Notice Inviting Bids
● 00 21 10 Instructions to Bidders
● 00 41 00 Bid Form
● 00 42 10 Bid Bond or 00 43 20 Bid Security
● 00 43 30 Proposed Subcontractors
● 00 43 40 Bidder Information and Experience
● 00 45 10 Non-Collusion Affidavit
● 00 45 15 Iran Contracting Act Certification
● 00 45 20 Public Works Contractor Registration Certification ● 00 45 30 Statement of Regarding Debarment
● 00 45 35 Disclosure of Discipline Record
● 00 52 10 Contract
● 00 61 10 Labor and Materials Bond
● 00 61 20 Faithful Performance and Warranty Bond
● 00 61 30 Optional Escrow Agreement (if applicable)
● 00 73 00 Supplemental Provisions to Part 1 of the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata ● Technical Specifications for the Project
● All Addenda
● Plans and Drawings
● Permits
● 00 74 00 Supplemental Provisions to Parts 2 -8 of the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata ● “City of Carlsbad Engineering Standard Drawings and Specifications,” as last revised ● 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
00 52 00 CONTRACT Date Printed: September 22, 2026
Document Version: 1.0 Current Update: May 2023
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, in cluding, 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.
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00 52 00 CONTRACT Date Printed: September 22, 2026
Document Version: 1.0 Current Update: May 2023
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:
By:
(sign here) for SHERRY FREISINGER, City Clerk
(print name/title)
If required by the Agency, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, the Contract must be signed by 1 corporate officer from each of the following 2 groups.
Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: _____________________________
Assistant City Attorney
END OF SECTION
00 61 10 LABOR AND MATERIALS BOND Date Printed: September 22, 2026 Document Version: 1.0 Current Update: May 2023
00 61 10 LABOR AND MATERIALS BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, the City of Carlsbad ( “Agency”) has awarded to Eagle Paving LLC (“Principal,”) a Contract for the Work described as follows:
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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 nine million seven hundred sevent - seven thousand dollars ($9,777,000), for the payment of which sum being an amount equal to 100% of the total amount payable under the terms of the Contract by the Agency, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or its Subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100 ; fail to pay for any materials, provisions , provender, equipment, or other supplies, used in, upon, for or about the performance of the Work contracted to be done; fail to pay for any Work or labor of any kind performed under the Contract; fail to pay amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract; or fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of Principal or its Subcontractors pursuant to Unemployment Insurance Code Section 13020 or Revenue and Taxation Code Section 18663, with respect to the Work or labor, then the Surety will pay for the same, in an amount not exceeding the penal sum specified above, and also, in
00 61 10 LABOR AND MATERIALS BOND Date Printed: September 22, 2026 Document Version: 1.0 Current Update: May 2023
case suit is brought upon this bond, all litigation expenses incurred by the Agency in the suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses to be fixed by the court consistent with Civil Code Section 9554.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such 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: September 22, 2026 Document Version: 1.0 Current Update: May 2023
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: September 22, 2026 Document Version: 1.0 Current Update: May 2023
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, the City of Carlsbad ( “Agency”) has awarded to Eagle Paving LLC (“Principal,”) a Contract for the Work described as follows:
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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, Eagle Paving LLC, as Principal, and
, as Surety, are held and firmly bound unto the Agency in the penal sum of nine million seven hundred seventy-seven thousand dollars ($9,777,000), which is equal to 100% of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration of the Contract Documents made as provided in the Contract Documents, on its part, to be kept and performed at the time and in the manner specified in the Contract Documents, and in all respects according to their true intent and meaning; and shall indemnify and save harmless the Agency, its Board, members of the Board, officers, directors, managers, employees, agents, and authorized volunteers, as stipulated in the Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured by this bond and in addition to the face amount specified in this bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 22, 2026 Document Version: 1.0 Current Update: May 2023
As a condition precedent to the satisfactory completion of the Work unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of 1 year after the acceptance of the Work by the Agency. During this 1-year period, if Contractor fails to make full, complete, and satisfactory repair and replacements and totally protect the Agency from loss or damage resulting from or caused by defective materials or faulty workmanship in connection with Contractor’s Work on the Project, the obligations of Surety under this bond shall continue so long as any obligation of Principal remains to the Agency. Nothing in this bond shall limit the 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.
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 22, 2026 Document Version: 1.0 Current Update: May 2023
The Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed under the Contract Documents shall in any way affect Surety’s obligations on this bond, and Surety waives notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 22, 2026 Document Version: 1.0 Current Update: May 2023
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 30 OPTIONAL ESCROW AGREEMENT Date Printed: September 22, 2026 Document Version: 1.0 Current Update: May 2023
00 61 30 OPTIONAL ESCROW AGREEMENT
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
NAME OF BIDDER: Eagle Paving LLC
This Escrow Agreement is made and entered into by and between the 1200 Carlsbad Village Drive, Carlsbad, California, 92008 ("Agency"), Eagle Paving LLC, whose address is 14284 Danielson Street Poway, California 92064 ("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 2026 Street Resurfacing Project in the amount of $9,777,000 and dated __________ ________ ("Contract"). Alternatively, on written request of Contractor, Agency shall make payments of the retention earnings directly to Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Agen cy within 10 Calendar Days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount 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
00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: September 22, 2026 Document Version: 1.0 Current Update: May 2023
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: ______________________________________________________
Address: _______________________________________________________
For Escrow
Agent
Title: __________________________________________________________
Name: _________________________________________________________
Signature: ______________________________________________________
Address: _______________________________________________________
00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: September 22, 2026 Document Version: 1.0 Current Update: May 2023
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
(Mayor)
Title: _________________________________________________________
Name: ________________________________________________________
Signature: _____________________________________________________
Address: ______________________________________________________
For Contractor
Title: _________________________________________________________
Name: ________________________________________________________
Signature: _____________________________________________________
Address: ______________________________________________________
For Escrow
Agent
Title: _________________________________________________________
Name: ________________________________________________________
Signature: _____________________________________________________
Address: ______________________________________________________
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: _____________________________
Assistant City Attorney
END OF SECTION
Public Works
Contract Administration 1635 Faraday Avenue Carlsbad, CA 92008 [email protected]
September 10, 2026
ADDENDUM NO. 1
RE: 2026 STREET RESURFACING PROJECT
BID NO.: PWS27-4103TRAN
PROJECT NO.: 6001-26
Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project.
This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted.
GRAHAM JORDAN
Contract Administrator
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
__________________________________
Bidder's Signature
Contract No. 6001-26; PWS27-4103TRAN 1
Addendum No. 1
CITY OF CARLSBAD
2026 STREET RESURFACING PROJECT
Contract No. 6001-26
Bid No. PWS27-4103TRAN
Addendum No. 1
From: Graham Jordan, Contract Administrator
Phone: 442-339-2462
[email protected]
No. of Pages: 16 pages
Date: September 10, 2026
Bid Opening Date: September 17, 2026 - 11 a.m. (unchanged)
NOTICE:
This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications and/or Plans. Documents not specifically mentioned in this Addendum remain in full force.
Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification.
MODIFICATIONS, DELETIONS, AND/OR ADDITIONS TO THE NOTICE INVITING BIDS
ITEM NO. 1: CONTRACTOR’S PROPOSAL
Replace the Bid Form (00 41 00) with the revised Bid Form in Attachment A.
MODIFICATIONS, DELETIONS, AND/OR ADDITIONS TO SPECIFICATIONS
ITEM NO. 1: GENERAL PROVISIONS, 7-6 BID ITEM DESCRIPTION
ADD the following to Section 7-6 Bid Item Description for Bid Item 10:
Contract No. 6001-26; PWS27-4103TRAN 2
Addendum No. 1
Existing traffic striping, pavement markings (including thermoplastic) , and raised pavement markers within the slurry seal limits shall be removed prior to applying slurry seal. The removal is necessary to prepare the existing pavement for the slurry seal application and to accommodate the new striping and markings.
QUESTIONS AND ANSWERS
Questions relating to the project must go directly to the City’s Public Works Contract Administration Division. The City is not responsible for any information obtained through other means.
1. Please let us know if it is allowed to use shot-blasting for striping removal.
Shot-blasting is not permitted for striping removal on this project.
2. Is there a street list with quantities that can be provided? No. We have a street list, but it does not contain quantities.
3. Please provide a list of residential streets vs arterial streets so that we can determine the correct asphalt inlay treatment.
The required asphalt treatment is identified by the treatment limits and corresponding hatching shown on the plans. Bidders shall refer to the plans and specifications for the applicable treatment at each location. The associated quantities are provided in the Bid Schedule.
4. Is there a minority and women-owned businesses goal/requirement? No.
5. Bid items 26, 27 & 28 read 4" White Stripe, 12" White Stripe & 24" White Stripe respectively.
Which striping details correspond to each of the previous bid items mentioned? Bid Item 26 – 4” White Stripe: To be used for parking stalls shown on Sheet 7 Detail A, Inset 1 & 2. Also to be used for parking stalls shown on Sheet 35, 38, and 39 identified by construction note 70 as well as Sheet 40 identified by construction note PK.
Bid Item 27 – 12” White Stripe: To be thermoplastic and used for bike lane buffer hatching and limit lines identified on the plans by construction notes 53, 57, 61, 63, 65, 68, 77, and LL.
The limit line is shown in Detail B on Sheet 1; however, the bike lane buffer hatching is shown on the plans and not in a detail.
Bid Item 28 – 24” White Stripe: To be thermoplastic and used for continental crosswalks identified on the plans by construction note XW. Also shown in Detail B on Sheet 1.
6. Please provide a breakdown summary of quantities for items #15 and #19 (2" Patching) that shows sizes, locations, streets, and dimensions. Without this information, the Contractor is Contract No. 6001-26; PWS27-4103TRAN 3
Addendum No. 1
forced to assume this information which creates an unfair and inconsistent bidding environment, considering the large quantity of asphalt that is included in these items. Please advise.
The quantity for Bid Item No. 15 was estimated based on an assumption that approximately 15% of the street area for each street receiving slurry seal would require 2-inch patching. The exact locations and dimensions of patching will be determined in the field by the city’s Inspector during construction based on existing pavement conditions. Therefore, a street-by- street breakdown of patching locations and dimensions is not available at this time.
The quantity provided for Bid Item No. 15 is intended to represent an overall project quantity and an upper limit for patching. Actual patching quantities may vary by street, with some streets requiring less than 15% patching and others requiring more than 15%, depending on field conditions.
The quantity for Bid Item No. 19 was calculated based on the total estimated area of patching for the project under Bid Item No. 15 and an assumed patching depth of 2 inches. The resulting area and depth were used to estimate the total tonnage of asphalt required for the patching work.
7. Bid Item 19 - Construct 2" Type III-C3-PG 64-10 AC - for Patching Only, There is 16200 Tons of 2" Patching with no locations provided in the plans, for bidding purposes, please provide a street list with estimated quantities for patching only.
Please see response to question number 6 above.
8. Bid Item 20 - Construct 1.5" Type III-C3-PG 64-28 AC - for Overlay Residential, There is 3000 Tons of 1.5" Overlay with no locations on the plans designated specifically for 1.5" Overlay, for bidding purposes, please provide a street list with estimated qu antities for 1.5" Overlay to be placed.
See the following details in the plans for residential areas proposed for mill and overlay: Detail A Inset 2, Detail K, Detail L, and Detail Q.
9. Bid Item 21 - Construct 2" Type III-C3-PG 64-28 AC - for Overlay Arterial, There is 8000 Tons of 2" Overlay with no locations on the plans designated specifically for 2" Overlay, for bidding purposes, please provide a street list with estimated quantities for 2" Overlay to be placed.
See the following plans for arterial areas proposed for mill and overlay: Sheet 12, Sheets 16 - 24, Sheet 31, and Sheets 35-36.
10. Please clarify if the Agency will be providing testing and inspection for all material placed throughout the project?
Per Section 3-5 (5) of the specifications, the contractor is responsible for QC testing. The city will have its own QA and inspection company.
Contract No. 6001-26; PWS27-4103TRAN 4
Addendum No. 1
11. Typically, a Caltrans Encroachment Permit is required when working near or in the Caltrans ROW, specifically the Jefferson St Bridge will require traffic control signage in the Caltrans ROW. Please provide locations where Caltrans Encroachment Permits will be required and/or if the City of Carlsbad will be providing the Encroachment Permits or will the Contractor be required to procure each Caltrans Encroachment Permit.
An Encroachment Permit from Caltrans is anticipated to perform work on Las Flores Dr ive and Jefferson Street. The city will be providing this permit to the successful bidder.
12. For Cold mill 2" AC and dispose of grindings - for patching throughout project, please provide the area of each digout by street for bidding purposes.
Please see response to question number 6 above.
13. Is the bid bond due prior to bid time?
No. Refer to the instructions in Section 9 – Bid Guarantee and Bonds of the Notice Inviting Bids:
“All Bidders must upload Bidder’s Bond to the online bidding portal. The original Bid Bond for the 3 apparent low Bidders must be submitted to the city within 2 Business Days of Bid opening.”
14. Will Crafco Poly Flex-3 be considered as an equal to Elastoflex 670 for the crack seal? Not all test results shown on the CRAFCO Polyflex Type 3 product data sheet are equal to Elastoflex 670. Therefore, CRAFCO Polyflex Type 3 will not be considered as an equivalent product.
15. The question regarding the Bid Item 28 – 24” White Stripe was responded as: "To be thermoplastic and used for continental crosswalks identified on the plans by construction note XW." But there is also Yellow Continental Crosswalk (XWY on the plans), where should we bid this construction note?
The description for Bid Item 28 has been updated to reflect the yellow thermoplastic crosswalk striping when called out. All 24” thermoplastic striping, whether yellow or white, shall be included in Bid Item 28.
16. Note RP says to "Remove Existing Traffic Striping, Markings and Arrows by Grinding. Including Raised Pavement Markers". This note points to some sections where its Within Limits of Mill and Overlay and the rest is on Slurry Seal, is it correct to remove Striping/Markers & Markings on the Mill and Overlay sections even though the pavement is being overlayed? Removal of pavement markers, traffic stripes, and pavement markings is not required before the cold milling operation. The contractor may elect to do this as part of each bid item for mill and overlay. The removal of pavement markers, traffic stripes, and pavement markings in areas identified for mill and overlay will occur through the cold milling process and shall be included in the bid item for cold milling.
Contract No. 6001-26; PWS27-4103TRAN 5
Addendum No. 1
ADD the following to Section 7-6 Bid Item Description for Bid Item 10:
Existing traffic striping, pavement markings (including thermoplastic), and raised pavement markers within the slurry seal limits shall be removed prior to applying slurry seal . The removal is necessary to prepare the existing pavement for the slurry seal application and to accommodate the new striping and markings.
Contract No. 6001-26; PWS27-4103TRAN 6
Addendum No. 1
ATTACHMENT A
(Revised)
BID FORM (00 41 00)
Contract No. 6001-26; PWS27-4103TRAN 7
Addendum No. 1
00 41 00 BID FORM
NAME OF PROJECT: 2026 Street Resurfacing Project
CONTRACT NO.: 6001-26
BID NO.: PWS27-4103TRAN
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). Attached is the completed Bidder Information and Experience form (00 45 40) Attached is the fully executed Non-collusion Affidavit (00 45 10). Attached is the completed Iran Contracting Act Certification form (00 45 15). Attached is the completed Public Works Contractor Registration Certification form (00 45 20).
Attached is the completed Certificate of Insurance form (00 45 25). Attached is the Statement of Regarding Debarment form (00 45 30) Attached is the Disclosure of Discipline Record (00 45 35) Attached is the Optional Escrow Agreement (if applicable) (00 61 30)
Contract No. 6001-26; PWS27-4103TRAN 8
Addendum No. 1
1. BID SCHEDULE
Item
No.
Item
Description
Quantity UOM Unit Price Total
1. Mobilization 1 LS
2. Staging 1 LS
3. Construction schedule and
public notification of work 1 LS
4. Storm water pollution
prevention plan
preparation,
implementation and
maintenance
1 LS
5. Temporary traffic control 1 LS
6. Clearing and grubbing 1 LS
7. Street sweeping and dust
control 1 LS
8. Survey monument field
survey, set reference ties,
pre-construction corner
record
1 LS
9. Tie out and re-establish
survey monuments, post-
construction corner record
60 EA
10. Remove existing
thermoplastic and
pavement markings
1 LS
11. Remove & replace median
curb, Including existing
pavers
1 LS
12. Remove and reset concrete
wheel stop 6 EA
13. Clear Debris and Fill Void
Behind Guardrail on
Woodland Way
1 LS
14. Localized Full Depth
Pavement Section Dig-out
(7-inches AC over max 12-
inches base)
1000 SF
15. Cold mill 2” AC and dispose
of grindings – for patching
throughout project
1337200 SF
Contract No. 6001-26; PWS27-4103TRAN 9
Addendum No. 1
16. AC Cold Milling And
Disposal of Grindings – Cost
per Inch Greater than 2”
Depth (Provisional Item)
20000 SF
17. Cold mill 1.5” AC and
dispose of grindings – for
overlay residential
329600 SF
18. Cold mill 2" AC and dispose
grindings - for overlay
arterial
656810 SF
19. Construct 2" Type III-C3-PG
64-10 AC - for patching only 16200 TON
20. Construct 1.5" Type III-C3-
PG 64-28 AC - for overlay
residential
3000 TON
21. Construct 2" Type III-C3-PG
64-28 AC - for overlay
arterial
8000 TON
22. Crack seal streets with hot
applied crack sealant and
detack de-tackifier
7070 BOXES
23. Crack routing as directed by
city inspector 10360 LF
24. Slurry Seal, Type I PMCQS-
1H-EAS w/ 2.5% Polymer by
Weight of Residual Asphalt
and 0.15% Fiber on dry
aggregate basis
4280 TON
25. Slurry Seal, Type II PMCQS-
1H-EAS w/ 2.5% Polymer by
Weight of Residual Asphalt
2470 TON
26. 4" White Stripe 1 LS
27. 12" White Stripe 1 LS
28. 24” White Stripe and 24”
Yellow Stripe for
crosswalks per plan
1 LS
29. Yellow Median Nose Paint 1 LS
30. Green Paint 1 LS
31. Install Signs 1 LS
32. Pavement Markings 1 LS
33. CA MUTCD Detail 2 1 LS
34. CA MUTCD Detail 9 1 LS
Contract No. 6001-26; PWS27-4103TRAN 10
Addendum No. 1
35. CA MUTCD Detail 12 1 LS
36. CA MUTCD Detail 22 1 LS
37. CA MUTCD Detail 25 1 LS
38. CA MUTCD Detail 26 1 LS
39. CA MUTCD Detail 27B 1 LS
40. CA MUTCD Detail 29 1 LS
41. CA MUTCD Detail 32 1 LS
42. CA MUTCD Detail 37B 1 LS
43. CA MUTCD Detail 38 1 LS
44. CA MUTCD Detail 39 1 LS
45. CA MUTCD Detail 39A 1 LS
46. CA MUTCD Detail 40 1 LS
47. Install Blue Fire Hydrant
Reflective Pavement
Markers
550 EA
48. Replace Water Valve and
Survey Monument Boxes
and Adjust To Grade
245 EA
49. Adjust Manholes to Grade 65 EA
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.
Contract No. 6001-26 - PWS27-4103TRAN 11
Addendum No. 1
2. TOTAL BID PRICE
The undersigned agrees that this Bid Form constitutes a firm offer to the Agency which cannot be withdrawn for ninety (90) Calendar Days from and after the Bid opening, or until a Contract for the Work is fully executed by the Agency and the lowest responsible Bidder, whichever is later.
The Undersigned has carefully checked all the above figures and understands that the Agency will not be responsible for any error or omission on the part of the Undersigned in preparing this Bid.
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 requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the Work of this Contract and continue to comply until the Contract is complete.
The TOTAL BID PRICE on Bid Schedule total of Unit Prices:
Total Bid Price in Numbers:
Total Bid Price in Written Form:
In case of discrepancy between the written price, the numerical price, or the price as submitted via the online bidding portal, the online bidding portal price shall prevail.
Contract No. 6001-26 - PWS27-4103TRAN 12
Addendum No. 1
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):
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
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 continued on next page)
Contract No. 6001-26 - PWS27-4103TRAN 13
Addendum No. 1
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
Contract No. 6001-26 - PWS27-4103TRAN 14
Addendum No. 1
IF A PARTNERSHIP, SIGN HERE:
I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct.
1 Name under which
business is
conducted
______________________________________________________
2 Signature (given and
surname and role)
(Note: Signature
must be made by a
general partner)
Printed/Typed Name
______________________________________________________
______________________________________________________
3 Place of Business
(Full Address: street,
number, city, state,
zip)
______________________________________________________
______________________________________________________
______________________________________________________
4 Telephone Number ______________________________________________________
5 Email ______________________________________________________
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Contract No. 6001-26 - PWS27-4103TRAN 15
Addendum No. 1
IF A CORPORATION, SIGN HERE:
I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct.
1 Name under which
business is
conducted
______________________________________________________
2 Signature (given and
surname and Title)
(Note: Signature
must be made by a
someone who can
bind the
corporation)
Printed/Typed Name
______________________________________________________
______________________________________________________
3 Place of Business
(Full Address: street,
number, city, state,
zip)
______________________________________________________
______________________________________________________
______________________________________________________
4 Telephone Number ______________________________________________________
5 Email ______________________________________________________
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
Contract No. 6001-26 - PWS27-4103TRAN 16
Addendum No. 1
List below names of president, vice president, CFO, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners:
Approved as to form this ___________________day of _____________________ 20_______.
______________________________________________
Attorney for Agency
END OF SECTION
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS
INTRODUCTION
The specifications contained in this 00 73 00 Agency Supplemental General Provisions take precedence over the specification language contained in the Standard Specifications for Public Works Construction, “The Greenbook”, latest edition and all errata. This specification addresses the unique conditions in Carlsbad that are not addressed in The Greenbook. Therefore, if there is a conflict, these specifications shall control.
The Greenbook may be purchased at Bidder ’s/Contractor’s local technical bookstore or directly from the publisher. These Supplemental General Provisions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies.
When used in the Contract Documents, statements, or command phrases (active voice and imperative mood) refer to and are directed at the “Bidder” or “Contractor” as applicable. The specifications are written to the “Bidder” before award and the “Contractor” after award. Before award, interpret sentences written in the imperative mood as starting with “The Bidder shall” .
Interpret the term “you” as “the Bidder” and interpret the term “your” as “the Bidder’s” . After award, interpret sentences written in the imperative mood starting with “The Contractor shall ”.
Interpret the term “you” as “the Contractor” and interpret the term “your” as “the Contractor’s”.
PART 1 GENERAL PROVISIONS
SECTION 1 – GENERAL
1-1 GENERAL
ADD the following:
1. The word “provide” shall mean “furnish and install,” unless otherwise stated.
2. In reference to Drawings, where words “shown ,” “indicated ,” “detailed ,” “noted ,” “scheduled,” or words of similar import are used, it shall be understood that reference is made to the Plans accompanying these provisions, unless stated otherwise.
3. Where the words “equal ,” “approved equal ,” “equivalent,” and words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer,” unless otherwise stated.
4. The word “perform” shall be understood to mean that the Contractor, at its expense, shall “perform all operations and furnish labor, tools and equipment,” and further, “furnish and install materials that are indicated, specified or required” shall be under stood to mean that the Contractor, at its expense, shall “furnish and install the Work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation.”
5. Where words “directed,” “designated,” “selected,” or words of similar import are used, it shall be understood that the direction, designation, or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to p roperly complete the Work as required and as approved by the Engineer,” unless stated otherwise.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
6. Where the words “approved,” “approval,” “acceptance,” or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended.
1-2 TERMS AND DEFINITIONS
Where applicable ADD/REPLACE the following:
Agency - The City of Carlsbad or the Carlsbad Municipal Water District, the owner of the Project.
Agency Approval - Except where stated in this Contract to the contrary, the phrases “Agency approval,” and “Agency’s written approval” or such similar phrases shall mean approval by the City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District, which approval shall not be unreasonably withheld.
Agency Forces – City of Carlsbad or Carlsbad Municipal Water District employees who perform construction work.
Agency Supplement - 00 73 00 Agency Supplemental General Provisions; and 00 74 00 Agency Supplemental Technical Provisions.
Allowance (AL) - Payment under Allowance Bid items, denoted as “AL,” shall be 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.
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.
Applicable Laws - Laws, statutes, ordinances, rules, orders, and regulations of governmental authorities and courts having jurisdiction over the Project.
As-Builts - The CADD drawings prepared from the approved Red -lines for record keeping purposes.
Award of Contract (Award) - The date on which the Board or designee executes the Contract.
Bid - Any proposal submitted to the Agency in competitive bidding for the construction, alteration, repair, or improvement of any structure, building, road or other improvement of any kind.
Board – The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors for the Carlsbad Municipal Water District.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
Board of Directors for the Carlsbad Municipal Water District – The legislative body that governs the Carlsbad Municipal Water District and has the authority to pass ordinances and appropriate funds.
Business Day - See Working Day.
Calendar Day – Every day on the calendar, including weekends and holidays.
City - The term “City” or “the City” means, City of Carlsbad. See also Agency.
City Council - The legislative body that governs the City of Carlsbad and has the authority to pass ordinances and appropriate funds.
City Engineer - The term “ City E ngineer” is defined as the Transportation Director, or designee, and is the person authorized to perform the functions of the City E ngineer as defined in Government Code Section 66416.5. The City Engineer is the City's "duly authorized officer" for the purposes of Public Contract Code Sections 4107 and 4107.5.
City Manager – The appointed official who directs the administration of the City of Carlsbad.
Construction Documents - Plans and details, including Plans showing installation of major systems, 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.
Construction Manager – The Project Inspector’s immediate supervisor and the Engineer’s designated representative for the first level of appeal for informal dispute resolution.
Construction Work - The portion of the Work to construct the Project as set forth in the Contract Documents in conformance with 2-1, “WORK TO BE DONE.”
Contract – The written agreement between the Agency and the Contractor covering the Work.
Contract Documents - Contract Documents include the following: The signed Contract, Addenda, Notice Inviting Bids, funding agency provisions, Bid including documentation accompanying the Bid and any post -Bid documentation submitted prior to the Notice of Award when attached as an exhibit to the Contract, Bonds, Permits, CEQA 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
Contract Time - The number of Working Days to complete the Work as specified in the Contract Documents.
Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of Work being done under permit issued by the Agency, the permittee shall be constructed to be the Contract or. The term “prime contractor” shall mean Contractor.
Critical Path – In the Construction Schedule, the sequence of activities that represents the longest path through the Project network of activities and the shortest possible Project duration.
Days – Days shall mean consecutive calendar days unless otherwise specified in this Contract.
Defective Work - Work that does not conform to the Contract Documents.
Delay Factor - The Delay Factor may be the basis for compensation for idle equipment time on an excusable delay. The factor has been calculated to include the ownership costs without including operating costs. The Delay Factor recovers all the Contractor’s non-operating costs in an 8-hour day. If payment is made for equipment on an excusable delay, it is limited to 8 hours per day or 40 hours per week maximum.
Deputy City Engineer – The Engineering Manager of the Construction Management & Inspection Division and the Construction Manager’s immediate supervisor and the Engineer’s designated representative for the second level of appeal for informal dispute resolution.
Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager or Executive Manager on claims submitted by the Contractor. The City Manager for the City o f Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution.
Drawings - See Plans.
D-size Sheet - “D” size paper for engineering design applications refers to 22” x 34” paper.
Engineer - The Deputy City Manager, Public Works of the City of Carlsbad acting either directly or through designated representatives and the third level of appeal for informal dispute resolution.
Engineer of Record/Design Engineer – A registered Professional Engineer licensed in the State of California who is qualified to act as an agent of a Project Owner or to prepare Plans for facilities to be accepted by the City of Carlsbad or the Carlsbad Municipal Water District.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
The term includes persons licensed in the State of California as Civil Engineers or Structural Engineers, as well as other licensed professionals like Architects and Landscape Architects.
Executive Manager – The appointed official who directs the administration of the Carlsbad Municipal Water District.
Field Book - The Agency field maps showing sewer and water facilities.
Field Order - A Field Order is a written agreement by the Engineer to compensate the Contractor for work items in accordance with 2 -8, “EXTRA WORK” or 2 -9, “CHANGED CONDITIONS.” A Field Order does not change the Contract Price or Contract Time or the intent of the Contract. The unused portions of the Field Orders shall revert to the Agency upon acceptance of the Work.
Final Environmental Document - The CEQA and/or NEPA document issued for the Project, such as certified environmental impact reports, mitigated negative declarations (MNDs), negative declarations, or exemptions.
Final Payment - The last payment for the Contract made to the Contractor, excluding Retention.
Float – The number of days by which an activity in the Construction Schedule may be delayed from either its earliest start date or earliest completion date without extending the Contract Time (total float). Total float belongs to the Project and to any Party to accommodate changes in the Work or to mitigate the effect of events which may delay completion .
Holiday - Holidays observed by the Agency are listed below:
Holiday Observed On
New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Juneteenth June 19
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Indigenous Peoples’ Day 2nd Monday in October
Veteran’s Day November 11
Thanksgiving Day 4th Thursday/Friday in
November
Christmas Day December 25
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
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.
Limited Notice to Proceed (LNTP) - A written notice given from the Agency that authorizes the Contractor to start a limited amount of work that, as described in the notice, is not Construction Work.
Minor Bid Item – a single contract item constituting less than 10 percent (10%) of the original Contract Price bid.
Night Work - See Working Night.
Normal Working Hours - Unless specified otherwise, Normal Working Hours core periods shall be 8:00 AM to 4:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and Agency Holidays are excluded. For Traffic Control Permits, Normal Working Hours are defined as 8:30 AM to 3:30 PM, unless specified otherwise.
Notice of Completion (NOC) - A document recorded with the County of San Diego to signify that the Work has been completed and accepted by the Agency.
Party or Parties - The Agency, the Contractor, or both, their respective permitted successors or assigns, and any other future signatories to the Contract.
Plans – The drawings, profiles, cross section s, Standard Plans, working drawings, and shop drawings, or reproductions thereof, approved by the City Engineer, which show the location, character, dimensions or details of the Work.
Prime Contractor - See Contractor.
Project Inspector – the Engineer’s designated representative for inspection, Contract administration and the first level for informal dispute resolution.
Project Site (Site) - Areas where the Work is performed pursuant to the Contract.
Punchlist - A list of items of Work or corrections generated after a Walk -through that is conducted when the Contractor considers that the Work and Services are complete.
Quality Control Standards and Procedures - The standards and procedures that are stated in a written manual that can be 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
Red-lines - Plans with annotations of changes made during construction to reflect the actual improvements or facilities built during construction whether concealed or visible.
Retention - The amount withheld from the money due to the Contractor in accordance with 7-3.2, “PARTIAL AND FINAL PAYMENT.”
Samples - Physical examples of the materials, equipment, or workmanship specified or required and which conform with the standards and specifications in the Contract Documents and by which the Work shall be evaluated.
Schedule - A Critical Path Method (CPM) schedule of construction activities and their durations to be performed during the Contract Time and prepared by the Contractor in accordance with 6 -1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ,” and accepted by the Engineer.
Scope of Work (SOW ) - Labor, materials, equipment, facilities, and services required to be performed or provided by the Contractor to complete the entire Project or the various separately identifiable parts of the Project pursuant to the provisions of the Contract Documents.
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.
Separate Contractors - Those individuals or entities that have entered into arrangements with the Agency for the provision of labor, materials, or other services in connection with the Project who are not under contract with the Contractor.
Signal Pre-Check - The procedure that the City uses to evaluate traffic signal systems prior to Signal Turn-On and generating a Punchlist.
Signal Turn-On - The day the City activates new traffic signals.
SMARTS - Stormwater Multiple Application and Report Tracking System (SMARTS) Resources provides a platform where dischargers, regulators, and the public can enter, manage, and view storm water data including permit registration documents, compliance, and monitoring data associated with California's Storm Water General Permits.
Supplemental Provisions – See Agency Supplement.
Tonne – Also referred to as “metric ton .” Represents a unit of measure in the International System of Units equal to 1,000 kilograms.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
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.
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.
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.
Working Night (Night Work) - A period of nighttime work, allowed only on Sunday through Thursday, excluding Holidays.
Work Site - See Project Site (Site).
1-3 ABBREVIATIONS
1-3.2 Common Usage.
ADD the following:
AML Approved Material List
CADD Computer Aided Design and Drafting
CA MUTCD California Manual on Uniform Traffic Control Devices CCT Correlated Color Temperature
CEQA California Environmental Quality Act.
CFR Code of Federal Regulations
CGP Construction General Permit
CIPM Cured-In-Place-Manhole
CL Centerline
CMS Content Management System Database
CNC Computer Numerical Control
CRI Color Rendering Index
CSA Canadian Standards Association
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
DBE Disadvantaged Business Enterprise
DCE Data Computer Equipment
DG Decomposed Granite
DVBE Disabled Veteran Business Enterprise
DWT Detectable Warning Tiles
EOW Engineer of Work
ESL Environmentally Sensitive Lands
ESO Electrical Service Orders
FRP Fiberglass Reinforced Plastic
GFE Good Faith Effort
GMT Greenwich Mean Time
GPS Global Positioning System
IDA International Dark Sky Association
IP Ingress Protection
LCD Liquid Crystal Display
LD Laser Diode
LER Luminaire Efficiency Rating
MBE Minority Business Enterprise
MDFT Minimum Dry Film Thickness
MHPA Multiple Habitat Planning Area
MH Manhole
MIL Military
MJ Mechanical Joint
M&M Maintenance and Monitoring
MMC Mitigation and Monitoring Coordination
MOV Metal Oxide Varistor
NA Numerical Aperture
NC Not Connected, Normally Closed
NEPA National Environmental Policy Act of 1969
NEXT Near End Crosstalk
NCHRP National Cooperative Highway Research Program
NOC Notice of Completion
NPDES National Pollutant Discharge Elimination System
NTP Notice to Proceed
OC On Center
ODP Open Drip Proof
OFNR Optical Fiber Nonconductive Riser
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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
RFP Request for Proposal
RFI Request for Information
RPMS Rubber Polymer Modified Slurry
SIC Standard Industry Classification
SMS Short Message Service
SMTP Simple Mail Transfer Protocol
SOW Statement of Work, Scope of Work
SOV Schedule of Values
SPDT Single Pole Double Throw
SSD Surge Suppression Devices
TDR Time Domain Reflectometer
TEES Transportation Electrical Equipment Specifications TFFN Thermoplastic Flexible Fixture Wire Nylon Jacketed TIG Tungsten Inert Gas
UF Underground Feeder
UPRR Union Pacific Railroad Company
VAC Volts AC
VPC Vitrified Polymer Composite
WBE Women Business Enterprise
1-3.3 Institutions.
ADD the following:
AMTRACK American Track National Railroad Passenger Corp.
ANSI American National Standards Institute
AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction
ANSI American National Standards Institute
API American Petroleum Institute
AREA American Railway Engineering Association
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association
AWS American Welding Society
AWWA American Water Works Association
BNSF Burlington Northern Santa Fe Railway
DSD Development Services Department
FHWA Federal Highway Administration
GRI Geosynthetic Research Institute
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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
NEMA National Electrical Manufacturers Association
NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) NFPA National Fire Protection Association
PCI Prestressed Concrete Institute
SANDAG San Diego Association of Governments
SD&AE San Diego & Arizona Eastern Railroad
SDTI San Diego Trolley, Inc.
UL Underwriters’ Laboratories Inc.
USGS United States Geological Survey
UPRR Union Pacific Railroad Company
1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 Subcontractor Listing.
ADD the following:
Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The use of Subcontractors in no way relieves the Contractor of any obligations or responsibilities under the Contract.
The following excerpts or summaries of some of the requirements of this Chapter are included below for information:
The Bidder shall set forth in the Bid, as provided in Section 4104:
“(a) The name and location of the place of business of each Subcontractor who will perform Work or Labor or render service to the prime Contractor in or about the construction of the Work or improvements, or a Subcontractor licensed by the State of California who, under Subcontract to the prime Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed Drawings contained in the Plans and Specifications, in an amount in excess of one-half of 1 percent of the prim e Contractor’s total Bid, or, in the case of Bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the prime Contractor’s total Bid or ten thousand dollars ($10,000), whichever is greater.”
“(b) The portion of the Work which will be done by each such Subcontractor under this act. The prime Contractor shall list only one Subcontractor for each such portion as is defined by the prime Contractor in his Bid.”
If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the Work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code.
As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by
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procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor.
Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the Subcontract involved, after a public hearing.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 General.
DELETE in its entirety and SUBSTITUTE with the following:
1-7.1 Standard Contract Provisions.
1-7.1.1 Successor’s Obligations.
All grants, covenants, provisions and claims, rights, powers, privileges and abilities contained in the Contract Documents shall be read and held as made by and with, and granted to and imposed upon, the Contractor, the Agency, and the Contractor’s and the Agency’s respective heirs, executors, administrators, successors, and assigns. 1-7.1.2 Waiver of Legal Rights.
1. The Agency’s failure to insist, in any 1 or more instances, upon the performance of any provision of the Contract, or to exercise any right therein, shall not be construed as a waiver or relinquishment of such provisions or rights.
2. Any waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach.
3. Any waiver the Agency issues to any provision of the Contract shall only be effective if it is agreed upon in writing by the Agency and if it is specific to the matter concerned. 1-7.1.3 Requests for Information (RFI).
1. Inquiries from the Contractor seeking clarification of the requirements of the Contract Documents shall be submitted in writing to the Agency as a Request for Information (RFI).
1-7.1.4 Assignment to Awarding Body.
1. In accordance with subdivision (b) of Public Contract Code Section 7 103.5, the Contractor and the Contractor’s Subcontractors shall conform to the following requirements:
a. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or the Contractor’s Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to 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.
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1-7.2 Contract Bonds.
ADD the following:
1. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a Surety, who is authorized to issue bonds in California, and whose bonding li mitation shown in the circular is enough to provide bonds in the amount required by the Contract shall be deemed approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all documents enumerated in Code of Civil Procedure Section 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.
2. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.
3. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 Calendar Days after recordation of the Notice of Completion and will remain in full force and effect for the 1-year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bond to secure payment of laborers and materials suppliers shall be released 6 months plus 30 Calendar D ays after recordation of the Notice of Completion if all claims have been paid.
4. All bonds are to be placed with a Surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed its liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents:
a. An original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so.
b. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
5. If the Bid is accepted, the Agency may require a financial statement of the assets and liabilities of the Surety for the quarter calendar year preceding the date of the execution of the bond.
The financial statement shall be made by an officer’s certificate as defined in Corporations Code Section 173. In the case of a foreign Surety, the financial statement may be verified by the oath of the principal officer or manager residing within the United States.
6. If the Surety on any bond furnished by the Contractor is declared bankrupt, becomes insolvent, or its right to do business is terminated in any state where any part of the Project is located, immediately notify the Engineer; and immediately substitute anot her bond and Surety acceptable to the Agency.
7. The Contractor shall require the Surety to mail its standard “Bond Status” form to the Agency.
ADD 1-7.2.1 Payment.
1. If enumerated in the Contract Documents, the Bid item for “Bonds (Payment and Performance)” includes full compensation for actual costs of payment and performance bonds. The Contractor may submit a request for payment of actual invoiced costs up to the Bid amount, but not to exceed 2.5% of the Contract Price, no less than 10 Working Days after the award of the Contract.
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2. If enumerated in the Contract Documents, if the Bid item for “Bonds (Payment and Performance)” exceeds actual invoiced costs, any such differential amount up to the Bid amount shall be paid as a part of the Final Payment.
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
ADD the following:
1. Where approval or acceptance by the Agency is required, only a general approval is required.
However, such approval does not relieve the Contractor from the Contractor’s responsibility for complying with all applicable laws, codes, and best industry practi ces. Contractor has its obligation to fulfill all conditions of the Contract.
2. In accordance with the provisions of California Law, the Contractor shall possess or require the Contractor’s Subcontractor(s) to possess valid appropriate license(s) for the Work being performed as conveyed in the Bidding Documents.
2-2 PERMITS
DELETE in its entirety and SUBSTITUTE with the following:
2-2 PERMITS, FEES, AND NOTICES
1. The Contractor shall obtain and pay for all business taxes, business licenses, permits, and fees required for constructing the Project and licenses and inspections necessary for the proper execution and completion of the Work, unless specified otherwise in the Contract Documents.
a. Resource Agency Permits. (None)
b. To the extent that there is a change in the type or cost of any of such permits, fees, licenses, or inspection occurring after Award of Contract, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions.
c. The Contractor shall comply with and give notices required by applicable laws. The Contractor is not entitled to damages or additional payment for delays attributable to the acquisition of permits.
d. The Contractor shall pay the Agency for regulatory fees, fines, or penalties imposed on the Agency arising from the Contractor’s failure to complete the Work in accordance with the Contract Documents.
2. Contractor shall not begin work until all permit’s incidental to the Work are obtained. This includes, and is not limited to, encroachment, right-of-way, grading and building permits necessary to perform Work for this Contract on Agency property, streets, or other rights- of-way. Permits for night work, overload, blasting, demolition, and disposal of all materials removed from the Project are also Contractor’s responsibility.
3. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the Project. The cost of the permit(s) shall be included in the price Bid for the appropriate Bid item and the Agency shall not pay additional compensation for Contractor to obtain such permits.
4. Permits shall be maintained in valid status until acceptance of the Work by the Agency.
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2-2.1 (Intentionally Omitted).
2-2.2 COUNTY OF SAN DIEGO AIR POLLUTION CONTROL DISTRICT (APCD). Diesel-engine driven generators, pumps, or other equipment regulated by air pollution control authorities shall have a valid permit or registration in accordance with the California Air Resources Board (CARB) and the San Diego County Air Pollution Control District (SDAPCD) regulations prior to mobilization to the site.
The Contractor shall pay for and secure an “Authority to Construct” permit from the SDAPCD prior to construction.
2-2.3 TRAFFIC CONTROL PLANS
a. The Contractor shall prepare Project specific traffic control plans, and haul route plan and use such plans to obtain a traffic control permit from the City of Carlsbad Development Services Department.
2-2.4 OTHER PERMITS (none)
The following permits are applicable to the project: none
2-3 RIGHT-OF-WAY
ADD the following:
1. The Contractor shall coordinate access to private property with the property owners and the timing of accessing private property when the Agency has already obtained rights of entry.
Unless otherwise provided, the Contractor shall coordinate, pay for, and assume all responsibility for acquiring using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. The Contractor shall protect any private and public improvements.
2-4 COOPERATION AND COLLATERAL WORK
ADD the following:
1. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay.
2. If work to be performed by the Agency or its separate Contractors is not shown or specified in the Contract Documents, the Engineer shall notify the Contractor in writing 10 Working Days prior to the start of such work and make available Plans or Specifications for work to be performed by others that may be pertinent to Contractor’s Work. If Contractor determines that the work to be performed by the Agency or its separate Contractors may interfere with or cause damage or delays to Contractor’s Work, notify the Engineer in writing within 3
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Working Days of the Engineer’s notice. The Contractor shall diligently pursue with the Engineer resolution of potential conflicts with the work of others.
3. The Contractor shall prepare and submit to the Engineer for approval a plan and schedule to integrate the work of Contractor or its Subcontractors, Agency or the work of others. The plan shall conform to the tasks identified in the Construction Schedule and identify additional tasks as necessary and the sequencing of interrelated activities. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.2 Temporary Utility Services.
ADD the following:
1. The Contractor shall furnish, install, maintain, and remove all temporary utility services, such as light, power, electrical, gas, and water, at its own expense for construction and maintenance activities until acceptance of Work. These include piping, wir ing, lamps, and other equipment necessary for the Work.
2. The Contractor shall obtain a construction meter for water used for the construction, testing, disinfection and flushing of new water or sewer facilities, vegetation establishment and maintenance, site maintenance, landscaping, cleanup, and all other work requiring water.
The Contractor shall contact the water agency that serves the Project Site for requirements.
3. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter, and any, and all, other charges, deposits and/or fees. The costs shall be considered incidental to the items of Work that they are associated with, and no additional payment will be made for them.
2-5.4 Haul Routes.
DELETE in its entirety and REPLACE with the following:
1. Haul routes shall be determined by the Contractor and permits shall be submitted to the Agency for approval, in accordance with Section 2-2 Permits, Fees and Notices’.
2-6 CHANGES REQUESTED BY THE CONTRACTOR
ADD the following:
1. Any plan or method of work suggested to the Contractor by the Agency, but not specified or required by the Contract or Change Order, which is adopted or followed by the Contractor in whole or in part shall be done at the Contractor’s sole risk and responsibility.
2. The Contract Price is not subject to adjustment for any type of tax increases after the Award.
ADD the following:
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.
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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 disregard the Contract Bid prices if, in the judgment of the Engineer, suc h prices do not represent a fair measure of the value of the Work to be performed or to be deleted.
8. The Agency reserves the right to require the Contractor to share in the Agency’s costs of investigating the Contractor’s cost reduction proposal. When this is required, the Contractor shall indicate the Contractor’s acceptance in writing allowing the Agency to deduct amounts payable to the Contractor.
9. If the Engineer accepts the Contractor’s cost reduction proposal in whole or in part, the Engineer shall issue a Change Order to incorporate the changes in the Plans and Specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect. If the Engineer’s approval is conditional, the Change Order shall include any conditions upon which the Engineer’s approval is based.
10. The Change Order also includes the estimated net savings in the cost of performing the Work due to the accepted cost reduction proposal and provides that the Contract cost be adjusted by crediting the Agency with 50% of estimated net savings amount.
11. The Contract Time shall not be extended by the acceptance of the cost reduction proposal and the performance of the Work unless specified otherwise in the Change Order.
12. The amount specified as payable to the Contractor in the Change Order is full compensation for the cost reduction proposal and the performance of the Work.
13. The Agency expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Agency when it determines that the proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for
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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:
Unless expressly set forth in writing in a Change Order signed by the Agency and the Contractor, changes initiated by the Agency shall not be construed as the Agency directing the Contractor’s mean-and-methods in the execution of the Work.
2-8 EXTRA WORK
ADD the following:
1. New or unforeseen Work will be classified as “Extra Work” when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices.
2. Any request by the Contractor for Extra Work shall be in writing to the Engineer and shall include itemized estimates and in accordance with Section 7 -4. The Contractor shall fully itemize the Extra Work cost estimates such as labor and payroll costs, quan tities, crew composition, production rates, material costs, Subcontractor and Supplier costs, equipment costs, supplemental costs, and time impact.
2-9 CHANGED CONDITIONS
ADD the following:
The Contractor shall promptly notify the Engineer of the following Work Site conditions (“Changed Conditions”), in writing, upon their discovery and before they are disturbed:
1. Subsurface or latent physical conditions differing materially from those represented in the Contract;
2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and
3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
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The Engineer will promptly investigate conditions which appear to be Changed Conditions. If the Engineer determines that conditions are Changed Conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to Section 6-4.2.
If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees.
The Contractor’s failure to give notice of Changed Conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection with them.
1. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a Change Order, or for the occurrence of any event or other cause, unless the Contract or shall have first given the Engineer written notice of potential claim as specified in this Section 2-9. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6 -4.2(4) Extensions of Time, nor to any claim th at is based on differences in measurement or errors of computation as to Contract quantities.
2. The Contractor shall provide the Agency with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and the nature of any and all costs involved within 20 Working Days of the date of service of the written notice of potential claim for Changed Conditions. Verbal notifications will not be accepted.
3. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12656.
“The undersigned certifies that the above statements are made in full awareness of the California False Claims Act, Government Code Sections 12650 -12656. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the Agency’s proposed final estimate for it to be further considered.”
By: Title:
Date:
Company Name:
4. The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit proof of its actual costs to the Engineer within 20 Working Days after the affected Work is completed. Failure to do so shall be cause to deny any l ater-filed claim regarding a potential claim described in this Section 2-9.
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5. The intent of this Section 2 -9 is to have differences between the parties arising under the Contract brought to the attention of the Engineer at the earliest possible time so that such matters can be settled, if possible, or other appropriate action promptly taken. 2-10 DISPUTED WORK
ADD 2-10.1 Claims.
1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price, Contract Time, or other relief associated with a dispute arising under or relating to the Contract, including a breach of any Contract provision. A voucher, invoi ce, or other routine request for payment is not a Claim.
2. A Claim shall conform to these specifications and may be considered after the Agency has previously denied a request by the Contractor for a Change Order seeking the demanded relief.
3. The Contractor shall submit a Claim to the Engineer if a dispute occurs that arises from or relates to the Contract. The Claim shall seek all relief to which the Contractor asserts the Contractor is entitled as a result of the event(s) giving rise to the d ispute. The Contractor’s failure to process a Claim in accordance with these specifications shall constitute a waiver of all relief associated with the dispute. Claims are subject to 6-10, “Right to Audit.”
4. The Contractor shall continue to perform the Services and Work and shall maintain the Schedule during any dispute proceedings. The Engineer will continue to make payments for undisputed Services and Work.
5. The Agency’s Claims process specified in the Agency Supplement shall not relieve the Contractor of the Contractor’s statutory obligations to present Claims prior to any action under the Government Code.
6. Except for those final payment items disputed in the written statement required in Section 7-3.2, all Claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 7-3.2 shall be submitted no later than 30 Calendar Days after receipt of the Final Payment estimate. No Claim will be considered that was not included in this written statement, nor will any Claim be allowed for which written notice or protest is required under any provision of this Contract , including Sections 2-9 Changed Conditions, 2 -10 Disputed Work, 4 -2 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.
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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
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 or Executive Manager
2. Consistent with Section 2 -10.1.2, the Contractor shall submit a complete report within 20 Working Days after completion of the Disputed Work stating its position on the Claim, the contractual basis for the Claim, along with all documentation supporting the costs, Contract Time, and all other evidentiary materials. At each level of Claim or appeal of Claim the Agency will, within 10 Working Days of receipt of the Claim or appeal of Claim, review the Contractor’s report and respond with a position, request 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
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the Carlsbad Municipal Water District. Actual approval of the Claim is subject to the Change Order provisions in the Contract.
4. Any remaining Claims not resolved by the informal dispute resolution process described above shall be resolved in accordance with Public Contract Code Section 9204, the relevant portion of which is included below:
(d)(1)(A) Upon receipt of a Claim pursuant to this section, the public entity to which the Claim applies shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the 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 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
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after the disputed 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.
(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
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public entity and, if the original Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the Plans or Specifications for any Public Works Project that may give rise to a Claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable Change Order, Claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, 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.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026
(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 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
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026