cc 2024 AR 03/26 as-needed speed bumps and berms award of contract

ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C5
Prepared by:

Erin Adams, Management Analyst
Matt Atteberry, Engineering Division
Manager Meeting Date: March 26, 2024
Approved by:

Greg Mayer, Department Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS – AWARD OF

CONTRACT
RECOMMENDATION: Adopt City Council Resolution No. 2024- , awarding a contract to Eagle Paving Company, Inc. for as-needed asphalt concrete speed bumps and berms.

CORRELATION TO CITY COUNCIL GOALS: Traffic: Continue to improve the flow of traffic for all forms of travel, reduce congestion, and improve our roads and sidewalks.

PRIOR ACTION: On June 28, 2022, adopted City Council Resolution No. 2022-108, approving the Six- Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects (Vote: 4-0, Ritter absent (Ritter experienced technical difficulties)).

STATEMENT ON THE SUBJECT: There have been several requests for speed humps or bumps for certain streets that have been approved by the City Council. In order to accommodate these requests, staff developed as-needed construction documents to procure a service contract that will install the asphalt concrete speed bumps along with immediate striping, thermoplastic markings, and signage.

Staff also included asphalt berms in the construction documents to use where needed to control drainage/erosion, protect pedestrian pathways/bike lanes, and to restrict vehicles from bypassing the bumps.

Staff advertised the project for competitive bids on January 17, 2024, on the City’s procurement website and online procurement portal, OpenGov. On February 6, 2024, the following four bids were received:

Bidder’s Name Office Location Total Bid Amount
Eagle Paving Company, Inc. Poway, CA $337,500
Joe’s Paving Company, Inc. Valley Center, CA $425,475 Kirk Paving, Inc. Lakeside, CA $702,500
Onyx Paving Company, Inc Anaheim, CA $999,000 Staff reviewed the bid of $337,500 from Eagle Paving Company, Inc. and determined that they are the lowest responsible bidder who responded to all the requirements of the bid request. Therefore, staff AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-39.

Vote: 4-0 (Melendez absent)

MEETING DATE: March 26, 2024 PAGE 2
SUBJECT: AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS – AWARD OF

CONTRACT
recommend that the City Council award the contract for as-needed asphalt concrete speed bumps and berms to Eagle Paving Company, Inc.

FISCAL IMPACT: The bid process was used to determine the lowest bidder. The as-needed construction contract has a ceiling of $400,000 over a three-year term with an option to extend up to an additional one year. Funding will be allocated on a project basis as needed from individual Capital Improvement Projects.

EXHIBITS:

1.City Council Resolution 2024- , awarding a contract to Eagle Paving Company, Inc. for as-needed asphalt concrete speed bumps and berms

2.Contract with Eagle Paving Company, Inc.
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00029213 7
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AWARDING A CONTRACT TO EAGLE PAVING
COMPANY, INC. FOR AS-NEEDED ASPHALT CONCRETE SPEED BUMPS

AND BERMS
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The City solicited bids for as-needed asphalt concrete speed bumps and berms, and on February 6, 2024 public bids were opened and Eagle Paving Company, Inc. was the lowest bidder.

B. Staff determined that the bid submitted by Eagle Paving Company, Inc. is responsive in all material aspects to the request for bids, and that the bid from Eagle Paving Company, Inc. for as-needed asphalt concrete speed bumps and berms has been determined to be the lowest responsive, responsible bid.

2. Action.

A. The contract between the City of Vista and Eagle Paving Company, Inc. for as- needed asphalt concrete speed bumps and berms is approved, and the Mayor is authorized to execute the contract

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on March 26, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20240311144814
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1

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EAGLE PAVING COMPANY, INC.
00052255 34889-5369-7191, v. 2

JOB ORDER CONTRACT FOR

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS
THIS CONTRACT is entered into by and between the “Parties” as of _____________________ (“Contract Date”).

1.0 THE PARTIES:

The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Matt Atteberry
Billing Contract: Matt Atteberry
The “Contractor”:

EAGLE PAVING COMPANY, INC., a
California corporation
13915 Danielson Street, Suite 201
Poway, CA 92064
Contact: Joel Batule

2.0 THE WORK

2.1 City is authorized under Chapter 3.08 the Vista Municipal Code to enter into a job order contract with Contractor.

2.2 The “Required License” for the services is California Class A – General Engineering License.

2.3 Contractor, a contractor holding the Required License, desires to enter into this “Contract” with the City for the Work (“Contract”).

2.4 The “Services” to be performed by Contractor are set forth in the City’s Request for Proposals (“Exhibit A”).

2.5 Contractor has submitted to City a Proposal to perform the Services dated February 6, 2024 (“Exhibit B”).

2.6 The “Contract Ceiling Price” is $400,000.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for 36 calendar months (“Term”) from the Contract Date. The term may be extended at the City’s option for an additional 12 months, in increments of City’s choice, for a maximum Term of 48 months from the Contract Date.

3.3 City may terminate this Contract upon 10-days’ written notice to Contractor.

Contractor may terminate this Contract upon 90-days’ written notice to City. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. 03/26/2024 C5 4 of 231
EXHIBIT 2

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City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 EXECUTION OF ADDITIONAL DOCUMENTS
As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:

1. Contractor’s Forms

2. Labor Law Compliance Form, Exhibit D (This Contract requires the payment of prevailing wages.)

5.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, supplies, and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time upon the issuance of a Work Order for the fulfillment of each specific task to be performed under the Contract (“Project”), in strict accordance with Exhibit A and Exhibit B. The Services shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increase in cost to the City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

6.0 COMPENSATION

6.1 City shall pay Contractor for the Services to be performed on the basis set forth in Exhibit B.

6.2 An invoice for payment shall be submitted in a form satisfactory to the City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

6.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by the City and by the Contractor which shall specify:

6.3.1 The changes, additions, and deductions to be made.

6.3.2 The increase or decrease in compensation due the Contractor, if any.

6.3.3 Adjustment in the time of completion, if any.

6.4 Adjustments in the compensation due the Contractor shall be determined by mutually agreeable lump-sum. If requested by the City's Representative, the Contractor shall furnish an itemized breakdown of the quantities and prices used in computing proposed lump- sum.

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6.5 Payment of the undisputed final Contract amount is contingent upon the Contractor furnishing the City with a release of all claims against the City arising by virtue of the Contract related to that amount. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.

6.6 In addition to the amount which the City may retain under the above article on progress payments, the City may withhold a sufficient amount or amounts from any payment otherwise due to the Contractor as in its judgment may be necessary to cover:

6.6.1 Payments which may be past due and payable for just claims against the Contractor or any subcontractors for labor or materials furnished in or about the performance of the Services under this Contract.

6.6.2 Estimated or actual costs for correcting defective work not remedied.

6.6.3 Amounts claimed by the City as forfeiture due to delay or other offsets.

6.6.4 Estimated or actual costs for emergency work by City forces, which is a result of the Contractor's neglect or actions.

The City may apply such withheld amounts or amounts to the payment of such claims at its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payments so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims.

The City will render to the Contractor a proper account of such funds disbursed in behalf of the Contractor.

6.7 Contract Ceiling Price

6.7.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.

6.7.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to the City will exceed the maximum permitted by this Agreement, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that the City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to the City for this Agreement is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Agreement, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

7.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A–E, and the Standard Specifications (defined below).
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8.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed by the date incorporated in the Work Order for the specific Project and within the time and response specifications provided in Exhibit A.

Liquidated damages will be $250 per calendar day.

9.0 STANDARD SPECIFICATIONS AND STANDARD PLANS

9.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:

Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.

9.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:

San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.

10.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:

City: The City of Vista.

Board: The City Council of the City of Vista.

Drawings or Plans: All drawings, plans, maps, profiles and diagrams delineating the work on the Services.

11.0 ADDITIONAL DRAWINGS
When appropriate, the Contractor will be furnished sufficient sets of drawings to properly complete the Services. There will be no charge for such drawings and specifications.

12.0 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS
Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed.

Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials, workmanship and installation procedures. Drawings and specifications are intended to be fully cooperative and to agree. The specification calling for the higher quality material or workmanship shall prevail. In 03/26/2024 C5 7 of 231

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the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the City Engineer whose decision thereon shall be final.

The Standard Specifications shall apply for materials and methods of construction not specifically or otherwise shown or specified in the Project drawings and specifications.

13.0 CONTROL OF SERVICES

13.1 Representatives. Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of the City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

13.2 Superintendence. The Contractor shall designate in writing a competent supervisor for the Services who must be personally present on the premises where the work on the Services is performed. When work is not in progress and during periods when the work is suspended, arrangements acceptable to the City's Representative shall be made for any emergency work that may be required.

13.3 Advance Notification. It shall be the Contractor's responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any area of concern to that agency. A minimum of 48 hours’ advance notice shall be given to the various agencies before beginning construction in the area unless specific advance times and requirements are stated in the Special Provisions or required by the agency. The names and telephone numbers for the respective agencies are listed on the drawings, in the Special Provisions, in the Work Order, or will be otherwise provided as applicable.

13.4 Inspection. The City's Representative shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials and equipment used and employed in the work. Whenever the Contractor varies the period during which work is carried on each day, it shall give due notice to the City's Representative so that inspection may be provided. Any work done in the absence of the City's Representative will be subject to rejection. All installations which are to be backfilled or otherwise covered shall be inspected by the City's Representative prior to backfilling or covering, and the Contractor shall give due notice in advance of backfilling or covering to the City's Representative so that inspection may be provided. The inspection of the work shall not relieve the Contractor of any of its obligations to fulfill the Contract as prescribed. Defective work shall be made good, and unsuitable materials and equipment may be rejected notwithstanding the fact that such defective work and unsuitable materials and equipment have been previously inspected by the City's Representative or that payment therefore has been included in an estimate for payment.

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safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor entered upon the work or as good as required by the drawings and specifications if any such objects are a part of the work being performed.

In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at its discretion to prevent such threatened loss or injury, and it shall so act as though instructed to do so by the City.

14.0 EXISTING UTILITIES AND IMPROVEMENTS
If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract drawings or specifications, it shall immediately notify the City in writing.

The fact that existing utilities and improvements, either above or below the ground surface, are not shown in any drawings shall not relieve the Contractor of liability for complete and careful protection of said improvements from damage as specified herein.

All repairs to damaged utilities and improvements shall be inspected and approved by an authorized representative of the City before being concealed by backfill or other work.

15.0 UTILITY SERVICE INTERRUPTION
In all cases of alteration or relocation of service connections, the Contractor shall notify the City a minimum of four hours prior to said alteration or relocation, and service connection shall be returned to service in an amount of time not to exceed four hours.

The Contractor hereby agrees to make at its own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by it that become evident within one year after the date of final payment, and to restore to full compliance, with the requirements of these specifications part of the Services which during the one-year period is found to be deficient with respect to any provisions of the specifications.

The Contractor shall make all repairs and replacements promptly upon the receipt of written order from the City. If the Contractor fails to make such repairs and replacements promptly, the City may do the work and the Contractor and its surety shall be liable to the City for the cost thereof.

17.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Agreement or its performance except: (1) Liability caused by the City's sole negligence or willful misconduct; or (2) for Liability caused by 03/26/2024 C5 9 of 231

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the City's active negligence, in which case the indemnity received by the City shall be reduced by the amount: (i) that the City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).

18.0 INSURANCE AND BONDS
Contractor shall comply with the insurance and bond provisions set forth in Exhibit C.

19.0 SAFETY
In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the Services, and the Contractor shall fully comply with all OSHA, State and Federal laws, rules, regulations and orders relating to safety of the public and workers.

It is the Contractor's responsibility to acquaint itself with and abide by these regulations during all phases of construction. The City will not be responsible for ensuring the Contractor's compliance with these regulations. The Contractor’s duty of indemnification shall apply to any Liability caused by its failure to abide by these regulations.

The Contractor shall include any and all costs associated with compliance with these safety requirements in the appropriate bid items of Services to be performed.

20.0 PERMITS (CITY AND OTHER AGENCIES)

20.1 After execution of the Contract and prior to beginning work, the Contractor and all subcontractors shall execute a no fee construction permit at the City. A permit will be issued by the Engineering Inspector assigned to the Project for the Contractor and all subcontractors.

20.2 The permittees shall first submit the following documents to the City's Representative or its designee with proof that the policies/licenses are current:

20.2.1 Contractor's License of appropriate classification.

20.2.2 City Business License. A fee will be charged for any new Business Licenses.

20.2.3 General Liability Insurance Certificate as required by Exhibit C.

20.2.4 Worker's Compensation Insurance Certificate as required by Exhibit C.

20.3 If any subcontractor does not have the amount of liability insurance required in these specifications, the Contractor must produce evidence satisfactory to the City’s Risk Manager that the subcontractor's work is covered by the Contractor's liability insurance policy.

20.4 Agency permits, other than those issued by the City, will generally not be required unless specifically noted. If for some unknown reason the Contractor is required to obtain a permit, the City will compensate the Contractor for its actual cost plus a 10% markup.

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21.0 SERVICE OF NOTICE
Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0.

Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

22.0 PUBLIC WORKS CONTRACTS: ASSIGNMENT TO AWARDING BODY In accordance with Section 4551 of the Government Code, the Contractor and subcontractors shall conform to the following requirements. 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 subcontractor offers and agrees 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 arising from purchases of goods, services or materials pursuant to the public works contract of the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the Parties.

23.0 RESOLUTION OF CONTRACT CLAIMS
The provisions of Article 1.5, Chapter 1, Part 3 of Division 2, of the Public Contract Code apply to this Contract. These provisions set forth a procedure for the resolution of disputed construction claims arising from this Contract. These provisions establish procedures for submitting claims and set minimum time limits for responding to such claims. Following a response, if a claim remains in dispute, a meet and confer conference between the claimant and the local agency may be demanded by the claimant. If the dispute remains unresolved following the meet and confer conference, and the claimant proceeds to file a civil action seeking to obtain enforcement and judgment on the claim, the dispute may be submitted to non-binding mediation and, if it remains unresolved, to judicial arbitration.

24.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract. 03/26/2024 C5 11 of 231

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25.0 CIVIL RIGHTS

25.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

25.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

25.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

25.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

25.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

25.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

25.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

26.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
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00052255 3 Exhibit A
4889-5369-7191, v. 2

EXHIBIT A

REQUEST FOR PROPOSALS

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CITY OF VISTA ENGINEERING DEPARTMENT

PROJECT SPECIFICATIONS FOR

AS-NEEDED ASPHALT CONCRETE

SPEED BUMPS AND BERMS
CIP No. 8361

JANUARY 2024
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1 PROJECT SPECIFICATIONS FOR

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS
CIP No. 8361

TABLE OF CONTENTS

BIDDING AND CONTRACTUAL DOCUMENTS PAGE

Notice Inviting Bids .................................................................................................. 2

Instructions to Bidders ............................................................................................ 5

Proposal Forms
Bid Proposal ................................................................................................22 Bid Schedule ...............................................................................................26 Contractor’s Licensing Statement .............................................................31 Project References .....................................................................................32 Non-Collusion Declaration .........................................................................34 Bid Security Forms .....................................................................................35

Agreement and Bonds

Bid Bond ......................................................................................................37 Construction Contract ................................................................................39 Faithful Performance Bond ........................................................................53 Payment Bond ............................................................................................56 Contractor's Certificate ..............................................................................58 Non-Collusion Declaration for Subcontractors .........................................59

SPECIAL PROVISIONS

Supplementary General Provisions ........................................................................60 Supplementary Technical Provisions .....................................................................136

APPENDICES
Appendix A: City of Vista Encroachment Permit Application Form Appendix B: City of Vista Stormwater Management Permit Application Form and Reference Information
Appendix C: EDCO Trash Pick Up Schedule, Vista Unified School District Schedule, NCTD Bus Routes
Appendix D: City of Vista Standard Drawing Modified TRF-02 Appendix E: San Diego Regional Standard Drawing Dikes – Asphalt Concrete G-5 Appendix F: City of Vista Sample Speed Bump Work Order
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2 PART I

BIDDING AND CONTRACTUAL DOCUMENTS

NOTICE INVITING BIDS

PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Clerk of the chartered City of Vista (“Agency”) for furnishing all labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, for the “As-Needed Asphalt Concrete Speed Bumps and Berms, CIP No. 8361” in strict accordance with this Specifications on file in the City of Vista Engineering Department. The Agency intends to award a three year (36-months) Contract to the low bidder for the “As-Needed Asphalt Concrete Speed Bumps and Berms, CIP No. 8361” with the possibility of one (1) optional successive one-year renewal period, at the Agency’s full discretion.

1. DATE OF OPENING BIDS

All Bidders are required to submit their bid electronically through the City’s Electronic Bidding System (OpenGov Procurement). Hardcopy bids will not be accepted. Bidders must register by creating a free account with OpenGov Procurement at: https://secure.procurenow.com/signup . Registered bidders may obtain bid materials and view submission procedures at:
https://secure.procurenow.com/portal/cityofvista . Bidders must also download this bid solicitation to appear on the Bidder’s List as a “Prospective Bidder,” receive addenda, and submit a bid. Bids shall be submitted electronically no later than 2:00PM Tuesday, February 6th, 2024.

Immediately after the bid submission deadline, bids will be unsealed and posted at:
https://secure.procurenow.com/portal/cityofvista . OpenGov Procurement will determine the official time for the advertised bid opening and such determination will be final. Bid Tabulation results will be available through OpenGov Procurement.

Any bids not received in a timely manner on the Bid Opening Date, as described above, will not be considered.

Note: The City of Vista complies with the Americas with Disabilities Act. If you require reasonable accommodations for the bid opening, please contact the Office of the City Clerk, 760-639-6125, at least forty-eight (48) hours prior to the bid opening.

2. DESCRIPTION OF WORK

The Work generally consists of: mobilization, traffic control, cold milling, installation of asphalt concrete speed bumps, asphalt concrete berms (dikes), striping, thermoplastic, signage and other related work.

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3 3. LOCATION OF WORK

The Work to be constructed is located throughout Vista, California on an as-needed basis. Each Task Order will contain an exhibit showing specific location, dimensions of speed bump or length of berm, location of signage, temporary striping and thermoplastic proposed. See Appendix for an example Work Order.

4. CONTRACT DOCUMENTS

Contract documents are available electronically on the City’s OpenGov Procurement portal at:
https://secure.procurenow.com/portal/cityofvista .

5. CONTRACTOR'S LICENSE CLASSIFICATION

In accordance with the provisions of the California Public Contract Code Section 3300, the Agency has determined that the Contractor shall be required to possess at a minimum a valid California Class A General Engineering Contractor License(s) at the time that the Contract is awarded, and shall maintain said license(s) in good standing at all times during performance of the Work.

6. CONSTRUCTION COST OPINION AND TIME OF COMPLETION

The Engineer’s Opinion of Probable Construction Cost for this Project is four hundred thousand dollars ($400,000) for the base bid items. All Work shall be completed in every detail to the satisfaction of the Agency within three (3) calendar years from the time of contract award.

7. PRE-BID MEETING

A Pre-Bid Meeting will NOT be held.

8. PERIOD OF CONTRACT

The initial term or period of the contract shall be three years (36-months) from date of award with the possibility of one (1) optional successive 12-month renewal period.

9. RENEWAL OF CONTRACT

This contract may be renewed by the City for one (1) successive one-year period under the terms and conditions of the original contract except as stated below. Price increases may be negotiated only at the time of renewal. Written notice of the City’s intension to renew shall be given approximately 90 calendar days prior to the expiration date of each contract period.

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5 INSTRUCTIONS TO BIDDERS

1. SITE REVIEW

Generally, prospective bidders are expected to conduct a site review of the Project prior to submitting a bid. However, since there isn’t a specific location identified yet for any future Work, as part of this contract, prospective bidders are expected to be familiar with typical asphalt concrete work such as cold milling, installation of asphalt concrete speed bumps, installation of asphalt concrete berms, installation of signage, temporary striping, and thermoplastic.

2. LOCAL CONDITIONS AND BID QUANTITIES

Bidders shall read the Project Specifications and documents, review available documents, and make their own estimates of the existing facilities and the difficulties that will attend the execution of the Work called for by the proposed Contract including federal, state, and local laws and regulations, local conditions, uncertainty of weather, traffic, soil conditions and all other contingencies.

Since incorporation in 1963 and chartering in 2007, the City of Vista has constructed numerous projects throughout the City. The projects may have led to development of files and records that may materially affect the Contract. All bidders are strongly encouraged to request copies of those records and familiarize themselves with those records.

Bidders shall satisfy themselves by personal examination of the location of the proposed Work, and by such other means as they may choose as to actual conditions and requirements, and as to the accuracy of the quantities stated in the BID SCHEDULE. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, as to the quantity of materials to be furnished, and as to the requirements of these Contract Documents. Information derived from the Plans, Project Specifications, profiles or drawings, maps, other reports, or from the Engineer or his assistants, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not warranted or guaranteed, either expressly or implied, by the Agency. The bidder’s failure or omission to receive or examine any part of the Contract Documents or to visit the site and be familiar with the existing conditions, shall in no way relieve the bidder from obligation with respect to this bid or to the performance of the Work under this Contract.

It is understood that the work to be performed under this Contract will be non-capital outlay projects and shall not require the services of an architect, engineer, or consultant, and that the work required can be done as a result of routine field survey by the Contractor, examination of written information and simple sketches and diagrams briefly describing the City’s needs and existing as-built plans, if necessary. However, if upon completion of site investigation of requested work, the Contractor determines the scope of work requires the services of an architect, engineer or consultant, the Contractor shall notify the City.

This Request for Bids is for as-needed contract work, so the quantities of work or material stated in the unit price items of the BID SCHEDULE are supplied only to give an indication of the general scope of 03/26/2024 C5 21 of 231

6 the Work. The Agency does not expressly or by implication agree that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the quantity of any unit price item of the Work by any amount within the quantity ranges stated in the Bid Item Description, or to omit portions of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price. Therefore, all bid items are exempt from the adjustment of bid unit prices under Subsections 3-2.2.2 and 3.2.2.3 of “the 2012 Edition Greenbook”.

Bidders shall not, at any time after the submission of a bid, make or have any claim for damages or anticipated profits or loss of profit or otherwise because of any difference between the quantities of work actually done and material furnished and those stated in said unit price items of the BID SCHEDULE.

The Bidder understands that the unit prices and total bid amount set forth by the Bidder in the BID SCHEDULE shall include all appurtenant expenses, premiums, taxes, royalties and fees. The Bidder shall make no reference in the BID SCHEDULE to sales tax, use tax, or any other tax. The Bidder shall make no reference in the BID SCHEDULE to any patent fees or royalties on any patented article or process which may be furnished or used or to any premium for insurance or surety bonds in the Bid.

All amounts bid shall be deemed and held to include any such taxes, fees, royalties, or premiums which may be applicable.

The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, project, or device which is the subject of patent rights or copyrights held by others.

The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received by the Agency, whether or not yet effective. The total bid amount shall be deemed to include such taxes and the Contractor shall not be entitled to separate compensation for such taxes.

3. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

This Project is not a Federally-funded project and use of DBEs is not required.

The Agency hereby notifies all bidders that it will affirmatively ensure that in any Contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation.

4. INTERPRETATION OF PLANS AND PROJECT SPECIFICATIONS

If any person contemplating the submittal of a bid for the proposed Contract is in doubt as to the meaning of any requirement of the Plans or Project Specifications, or he finds any discrepancies in or omissions from the Plans or Project Specifications, they shall submit a written request for an interpretation or correction thereof via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement.
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7 The written request must be received by the deadline listed in the City’s Electronic Bidding System, or if no deadline is listed, at least five (5) Working Days prior to the date fixed for opening of bids. The person making the request will be responsible for its prompt delivery.

Interpretations or corrections will be made only by ADDENDA to the Project Specifications or by dated revisions of the drawings. Addenda will be sent to registered bidders that have downloaded this solicitation through the City’s Electronic Bidding System.

All addenda so issued shall become part of the Contract Documents. Acknowledgement of receipt of any and all addenda is required in the BID SCHEDULE. Failure of any bidder to receive any addenda shall not relieve such bidder from any obligations imposed by such addenda. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be acknowledged on the Bid Proposal. Before submitting a bid, each bidder shall inform himself as to whether or not any addenda have been issued. Failure to determine the existence of any addenda, to obtain and review such addenda, or to include in the bid any obligations imposed by such addenda issued may render the bid irregular and may result in its rejection.

5. BIDDERS INTERESTED IN MORE THAN ONE BID

No person, firm or corporation shall make, file or be interested in more than one (1) bid for the same work unless alternative bids are specifically requested. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices of materials to a bidder, is not disqualified from submitting a sub-proposal or quoting prices to other bidders.

6. FORM OF BID AND SIGNATURE

The bids shall be made on the Bid forms provided through the City’s Electronic Bidding System.

These documents shall constitute the bid. The bid shall be submitted electronically for this solicitation on the City’s OpenGov Procurement portal at:
https://secure.procurenow.com/portal/cityofvista .

Bidders must also mail their bid security or original bidder’s bond with a postmarked date no later than the Bid Date as described in Section 11 Bid Security / Return of Bid Securities below.

The Bid for the Work is intended to establish a total cost for the Work in its entirety. The Bidder shall state in the Bid the unit prices or Lump Sums for which he proposes to supply the labor, materials, supplies and equipment necessary to complete the Work required by the Contract Documents. Certain permit requirements, General Provisions, Supplementary General Provisions, and other work required by the Plans and/or the Specifications may not be listed in the Bid Schedule and are, in general, applicable to more than one listed Bid Item. Other required work may not be listed as a separate item in the Bid Schedule but is necessary to complete the Work described in the Plans and/or the Project Specifications. The Bidder shall include the cost of all work not listed as a separate item in the Bid Schedule in the various related items of work listed in the Bid Schedule, so that the Bid for the Project reflects the total cost for completing the Work in its entirety.

If the proposal is made by an individual, it shall be signed and his full name and address shall be given; if it is made by a firm, it shall be signed with the partnership name by a member of the firm, who shall 03/26/2024 C5 23 of 231

8 also sign his own name, and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.

7. PREPARATION OF THE BID / REJECTION OF THE BID

The Bid shall be prepared such that it is complete and responsive to all requirements of the Contract Documents. The completed Bid shall consist of the following forms:

a) Bid Proposal
b) Bid Schedule
c) Contractor’s Licensing Statement
d) Project References
e) Contractor’s List of Subcontractors
f) Non-Collusion Declaration
g) Bid Security Form (with bid bond, cash, certified check or cashier’s check included)

Registered bidders may obtain the Contract Documents through the City’s Electronic Bidding System.

Blank spaces in the Bid shall be properly filled in (using figures in the Bid Schedule). The Bid shall contain an acknowledgment of receipt of all addenda.

The phraseology of the Bid must not be changed, and no addition shall be made to the items mentioned therein. Alternative bids shall not be considered unless specifically requested and authorized by the Agency.

The Bid shall be signed in accordance with the “Instructions for Signing Bids, Bonds, and Contracts”, included in the Contract Documents, and as required by the City’s Electronic Bidding System.

A Bid shall be considered irregular if certain situations occur, including, but not limited to, the following:

a) The Bid contains blank spaces that are not properly filled in. b) The Bid contains unauthorized provisions, conditions, limitations, or alternatives. c) The Bid is either not typewritten or not printed in ink. d) The Bid contains interlineations, alterations, erasures, clerical errors or is otherwise illegible or unclear, or not properly initialed.
e) The Bid is not properly signed in accordance with the instructions. f) The Bid contains unit prices and/or item totals that are unreadable or otherwise unclear or are omitted.
g) The Bid contains a significant “material” difference between the bid total written in figures, the bid total written in words, and/or the sum of the item totals after any math errors are corrected.

Bidder’s failure to submit the Bid on time through the City’s Electronic Bidding System, submit a complete Bid using all of the required Bid forms provided in the Contract documents or addenda, include a price for any Bid item that requires the Bidder to submit a price, acknowledge all addenda, 03/26/2024 C5 24 of 231

9 or submit the appropriate Bid Security shall render the Bid non-responsive and shall be cause for its rejection.

In accordance with the provisions of Section 1771.1(b) of the California Labor Code – the Agency will not accept bid or enter into a Contract without proof of the contractor’s current registration with the California Department of Industrial Relations pursuant to Section 1725.5.

The Agency, in its sole discretion, reserves the right to reject any or all bids, and to waive any informalities or minor irregularities in the Bids, unless waiving such irregularity would give a competitive advantage to a Bidder.

8. ALTERNATIVE SCHEDULES

No alternative bid items included with this project.

9. LIST OF SUBCONTRACTORS FILED WITH BID

In accordance with the provisions of Sections 4100 through 4113, inclusive, of the Public Contract Code of the State of California (“Subletting and Subcontracting Fair Practices Act”), each bidder shall submit with his bid the name, location of place of business, and Contractor’s License Number of each proposed subcontractor who will perform work or labor or render service to the principal Contractor in an amount in excess of one-half of one percent (0.5%) of the principal Contractor's bid, or in the case of the construction of streets or highways, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and shall state the portion and dollar value of the Work which will be done by each such subcontractor in the List of Subcontractors form. If no subcontractor is listed for a portion of the Work, then the Contractor is required to perform that portion with his own forces.

An inadvertent error in listing the subcontractor’s license number shall not be grounds for filing a bid protest, or grounds for considering the bid nonresponsive, if the corrected contractor’s license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening, provided that the corrected license number corresponds to the submitted name and location of the subcontractor.

Pursuant to Section 1725.5 of the Labor Code of the State of California, no contractor may be awarded a public works contract and no subcontractor of any tier may work on a public works project without proof of registration with the Department of Industrial Relations. To comply with these regulations, each bidder being considered for award of the Contract shall submit to the Agency the names and PWC Registration Number of each proposed subcontractor of any tier who will perform work or labor or render service to the principal Contractor in any amount within 7 days after the bid opening date. The inadvertent listing on the bid documents of a subcontractor that is not registered with the California Department of Industrial Relations will not necessarily invalidate the bid. An unregistered subcontractor can be replaced with one who is registered.

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10 10. NON-COLLUSION DECLARATIONS

The bidder is required to execute a Non-Collusion Declaration in the form attached hereto, and submit the form with the bid. The Agency reserves the right to require, before awarding the contract, that the principal Contractor secure from each proposed subcontractor a Non-Collusion Declaration in the form also attached hereto, and submit all forms to the Agency.

If at any time it shall be found that the person, firm or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Contractor and the Contractor’s sureties shall be liable to the Agency for all loss or damage which the Agency may suffer thereby, and the Agency may advertise anew for bids for such work.

11. DISQUALIFICATION OF BIDDERS

Any one or more of the following causes may be considered as sufficient for the disqualification of Bidder and the rejection of the Bidder’s bid or bids:

a) Submittal of more than one (1) bid for the same work from an individual firm, partnership, or corporation under the same or different names.
b) Evidence of collusion among Bidders.
c) Modification of BID SCHEDULE.
d) Submittal of an incomplete or invalid bid, and / or failure to include all required information, which precludes full analysis and review of said Bid and / or which precludes meaningful comparison of the Bid with other bids received by the Agency.

12. BID SECURITY / RETURN OF BID SECURITIES

Each bidder shall submit with his bid an unconditional certified or cashier's check drawn on a solvent state or national bank, or a bidder's bond with a responsible corporate surety, on the form attached hereto, subject to the provisions for “Bonds” herein. Unless otherwise stated in the Contract Documents, said bid security or bidder's bond shall be in a sum at least ten percent (10%) of the total base bid amount, and shall be made payable to the Agency as a guaranty that the bidder will, if an award is made, in accordance with the terms of his bid, promptly execute a Contract in the required form, secure payment of Workmen's Compensation, and furnish satisfactory Performance Bond, Payment Bond, and certificates of insurance, and endorsements within ten (10) Working Days following the posting of the Notice of Intent to Award a contract.

Notice of instructions to Principal and Surety regarding completion of Bidder’s Bond:

1) Principal’s signature with title must be properly notarized (i.e., proprietorship, partnership, corporation, joint venture). If corporation, affix seal; 2) Signature of Attorney-in-Fact for Surety must be properly notarized; 3) Attach certified copy of Power of Attorney for Surety’s Attorney-in-Fact; and 03/26/2024 C5 26 of 231

11 4) If bond is executed in excess of surety company’s treasury limit, evidence of how bond was reinsured must be attached over signature of Attorney-in-Fact.

Bidders must scan and upload a copy of their bid security or bidder’s bond with their electronic bid submittal in OpenGov Procurement. Bidders must also mail their bid security or original bidder’s bond with a postmarked date no later than the Bid Date, to the following address:

ATTN: Matt Atteberry, CIP Engineering Division Manager City of Vista Engineering Department
200 Civic Center Drive
Vista, CA 92084

The Bidder’s name and the name of the Project shall be clearly listed on the outside of the envelope.

To be eligible for a contract award, the Bidder’s bid security or original bidder’s bond must be received by the Agency within ten (10) working days of the posting of the Notice of Intent to Award a contract.

If a bidder to whom an award is made fails or refuses to execute the Contract, secure the payment of Worker's Compensation and furnish the required bonds and proof of insurance, all within the time stated in the provisions for “Execution of Contract / FAILURE TO EXECUTE CONTRACT” herein, the money represented by said check or bidder's bond shall become and remain the property of the Agency, the amount thereof being agreed to by the bidder as liquidated damages due the Agency on account of the delay in the execution of the Performance Bond, Payment Bond, and proof of insurance coverage, and in the performance of work thereunder, resulting from such failure or refusal.

The Agency reserves the right to retain the bid security of the three (3) apparent lowest responsible Bidders until the Contract Documents have been formally executed by the successful Bidder and the Agency, and the successful Bidder has filed with the Agency the Faithful Performance Bond, the Contractor’s Payment Bond, and the insurance policies or certificates required by the Bid Documents, after which such bid securities will be returned to the respective Bidders whose bids they have accompanied.

13. MODIFICATION AND WITHDRAWAL OF THE BID

Any Bidder may modify his prior to the scheduled closing time for receipt of bids by submitting an amended bid through the City’s Electronic Bidding System.

A bidder may withdraw his bid before the hour fixed for opening bids, without prejudice to himself, by cancelling their bid submission through the City’s Electronic Bidding System. No proposal may be withdrawn after the hour fixed for opening bids without rendering the accompanying certified or cashier's check or bidder's bond subject to forfeiture as liquidated damages in like manner as in the case of failure to execute the Contract after award, as hereinafter provided.

After the bids have been publicly opened, they shall not be withdrawn by the Bidders for a period of at least ninety (90) calendar days subject to the execution stated in the paragraph below. The ninety (90) calendar day review period may be extended by the Agency and written approval by the Bidder.

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12 A Bidder shall be permitted to withdraw a bid after the opening of the bids only if the Bidder established to the satisfaction of the Agency ALL of the following:

a) A clerical error was made by the Bidder in filling out the bid; and the error was not due to:
1) an error in judgment;
2) an error in inspecting the site of the Work, or;
3) an error in reading the Plans and Contract Documents. b) The clerical error made the bid materially different than the Bidder intended the bid to be. c) The Bidder gave the Agency written notice within five (5) Working Days excluding Saturdays, Sundays, and State holidays, after the opening of the bids, in which said notice specifies in detail the nature of the error and how the error was made per Public Contract Code 5103(b).

14. PUBLIC OPENING OF BIDS

No bid received after the time named or at any place other than the place stated in the Notice Inviting Bids shall be considered. Immediately after the bid submission deadline, bids will be unsealed and posted at: https://secure.procurenow.com/portal/cityofvista . OpenGov Procurement will determine the official time for the advertised bid opening and such determination will be final. Bid Tabulation results will be available through OpenGov Procurement.

Following the posting of the Notice of Intent to Award a contract, anyone interested in inspecting bid documents in person or receiving electronic copies shall make a request to the City Engineer following the posting of the Notice of Intent to Award a contract. Bid documents will be sent electronically, and appointments for inspection of the bid documents will be scheduled to occur, within five (5) Working Days after the request is received by the Agency.

15. PROJECT REFERENCES

All bidders shall provide evidence satisfactory to the Agency that the bidder has prior experience to properly perform in accordance with the terms of these Plans and Specifications by completing and submitting the PROJECT REFERENCES spreadsheet with his bid. The PROJECT REFERENCES list shall include projects successfully performed by the Bidder of comparable magnitude that he or his associates are personally competent to manage the proposed undertaking, and to carry it forward to a successful conclusion.

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13 16. BID PROTESTS

Any bidder who submits a valid bid shall have the right to file a bid protest with the Agency before 5:00 p.m. on the fifth Working Day following the posting date of the Notice of Intent to Award a contract.

However, bidder shall receive an extension to this deadline if the Agency has not fulfilled bidder’s request for electronic copies of the bid documents or for an opportunity to inspect the bid documents at least two (2) Working Days prior to the deadline. In such cases, bidder may submit a bid protest before 5:00 p.m. on the fifth Working Day following the date on which bidder receives, or is provided an opportunity to inspect, the bid documents. Bid protests must be submitted in writing to the City Engineer of the City of Vista, City of Vista Civic Center, Engineering Department, 200 Civic Center Drive, Vista, California 92084-6275. The time limits and requirements set forth in this section are mandatory, and are the bidder’s sole and exclusive remedy in the event of a bid protest, and failure to comply with these requirements shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. If a protest is received from anyone other than a bidder, or after the specified time period, the protest shall be invalid. The protest shall conform to the following requirements:

a) The initial protest document shall contain a complete statement of the basis for the protest. b) The protest shall refer to the specific portion, or portions, of the document that form the basis for the protest.
c) The protest shall contain the name, address, and telephone number of the person representing the protesting party.
d) The party filing the protest shall concurrently transmit a copy of the initial protest document, and any attached documentation, to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
e) The Agency shall issue a decision on the protest.

17. LICENSE REQUIREMENTS

All prospective contractors submitting a bid shall have the appropriate license as required by these specifications. Failure to possess the specified license at the time of award shall render the bid as non-responsive and shall act as an absolute bar to award the Contract to any bidder not possessing said license at the time of award. Any Contract awarded to a contractor who was not properly licensed at the time of award or at any time during the Contract period shall be void pursuant to Section 7028.15 of the Business and Professions Code. The Agency shall verify that a contractor is properly licensed prior to the award of the Contract as part of determining the lowest responsible and responsive bidder.

18. CONTRACTOR'S REQUIRED SHARE OF CONTRACT WORK

In accordance with Subsection 2-3.2, Self-Performance of the Standard Specifications for Public Works Construction, the Contractor shall perform, with its own personnel from within its organization, Contract work amounting to at least fifty percent (50%) of the Contract Price, except that any designated 03/26/2024 C5 29 of 231

14 "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of work required to be performed by the Contractor with its own personnel [i.e. the percentage of work which will not be performed by a Bidder’s own forces will be determined by (1) adding the dollar value of all contracts shown on the list of subcontractors (excluding the dollar amount of any specialty items), then (2) dividing such total by the Bidder’s Total Bid Amount (excluding the dollar amount of specialty bid items).

Specialty Items shall be as listed in Subsection 2-3.2 (“Self Performance.”) of the latest edition of the San Diego Regional Supplement of the Standard Specifications for Public Works Construction (“Greenbook”) and as identified with an “S” in the Bid Item Number column of the BID SCHEDULE.

19. ANNUAL PUBLIC WORKS BIDDER REGISTRATION (SB 854)

In accordance with the provisions of California Senate Bill 854, passed by the California State Senate on June 20, 2014, all contractors and subcontractors bidding and performing work on Public Works Projects must register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner’s Office.

In accordance with the provisions of Section 1771.1(a) of the California Labor Code, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any Contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Contract is awarded. Prime contractors and their subcontractors must possess and maintain such registration with DIR in order to be awarded contracts and to perform work.

The Agency will verify that the contractors or subcontractors that bid on, or are listed in the bid proposal of, this Contract are currently registered and qualified to perform public work pursuant to Section 1725.5 in the State of California through the following URL website link at:

https://cadir.secure.force.com/ContractorSearch

In accordance with the provisions of Section 1771.1(a) of the California Labor Code – the Agency will not accept a bid or enter into a Contract without proof of the contractor’s current registration to perform public works pursuant to Section 1725.5.

In accordance with the provisions of Section 1773.3 of the California Labor Code, the Agency will provide notice to the Department of Industrial Relations of any public works Contract within thirty (30) days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work, using the online PWC-100 “Extract of Public Works Contract Award” form, which can be found at:.

https://www.dir.ca.gov/pwc100ext/LoginPage.aspx
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15 The online PWC-100 form is also transmitted to the Department of Apprenticeship Standards (DAS) to inform them of the award of a contract.

20. AWARD OF CONTRACT

After the bids are publicly opened, the Agency shall review all bids for responsiveness, compare the bids to the Engineer’s Opinion of Probable Cost and investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed ninety (90) calendar days after the time set for the opening thereof. All terms and conditions contained in the Contract Documents shall become a part of the contract. No bidder may withdraw its bid for a period of ninety (90) calendar days. The Contract shall be awarded within ninety (90) calendar days after the opening of bids, if it is in the interest of the Agency to do so. The Agency reserves the right, after opening bids, to waive any informality in any bid, to reject any or all bids, to make an award to the lowest responsive and responsible bidder as determined by the Agency and reject all other bids as may be in the best interest of the Agency. Since this Request for Bids is for As-needed, On-Call, services, the dollar value of the initial contract award may be more or less than the amount stated in the Bid.

21. LOCAL BUSINESS ENTITY PREFERENCE

A Local Business Entity, as defined below, may be entitled to a preference as provided for in Section

3.08.040 of the Vista Municipal Code. If the lowest bid is submitted by someone other than a Local Business Entity, the Local Business Entity who submitted the lowest bid that is within five percent (5%) of the lowest bid shall be given the opportunity to become the lowest bidder by reducing its bid to match the bid of the lowest bidder. In order to be deemed the lowest bidder, the Local Business Entity must agree in writing to reduce its bid to match the bid of the lowest bidder within three (3) Working Days of the City’s request to match. Thereafter, the Contract may be awarded to that Local Business Entity if it otherwise qualifies as the Lowest Responsible Bidder.

A “Local Business entity” is:

1) a) A business entity providing services when the entity’s principal place of business is located within the City as identified on a City business license or other official documents; or b) a vendor making a sale of goods provided that such business or entity possesses a valid and current seller’s permit or equivalent issued by the State Board of Equalization or its successor which identifies the City of Vista as the points of sale for all of its taxable retail sales within the City’s jurisdiction; and
2) Holds a City of Vista business license that has been in effect for at least six (6) months prior to the issuance of a request for bids/proposals for which the company wishes to bid; and 3) Employs at least two (2) full-time, or four (4) part-time employees of the company whose primary residence is located within the City of Vista; or, if the company has no employees, then is at least fifty percent (50%) owned by one or more persons whose primary residences are located within the City of Vista.

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16 22. VETERAN-OWNED BUSINESS ENTITY

A Veteran-Owned Business Entity, as defined below, may be entitled to a preference as provided for in section 3.08.020 of the Vista Municipal Code. Should the bidder who submits the lowest bid not be a Veteran-Owned Business Entity, then the lowest bid submitted by a Veteran-Owned Business Entity which is within two percent (2%) of the lowest bid may be deemed the Lowest Monetary Bidder, whether or not that bidder is the second lowest bidder, if the Veteran-Owned Business Entity agrees, in writing, to reduce its bid to match the bid of the lowest bidder within three days of the City’s request to match.

Thereafter, the Contract may be awarded to the Veteran-Owned Business Entity if it otherwise qualifies as the Lowest Responsible Bidder.

A “Veteran-Owned Business Entity” is:

1) Is a business entity which at least fifty one percent (51%) owned by one or more veterans; and 2) Holds a business license for at least 6 months prior to the issuance of the request for bids/proposals in
(a) the City of Vista; or
(b) one of the other Innovate 78 Corridor Economic Development Initiative cities of Carlsbad, Escondido, Oceanside, or San Marcos, provided that the city issuing the business license has enacted a substantially similar veterans business preference program as determined by the City Manager; and
3) (a) Is a Service-Disabled Veteran-Owned Small Business (SDVOSB) or Veteran-Owned Small Business (VOSB) registered with the Office of Small & Disadvantaged Business Utilization’s Vets First Verification Program, a division of the U.S. Department of Veteran Affairs, or (b) is a disabled Veteran Business Enterprise (DVBE) certified and registered with the Office of Small Business and DVBE Service, a division of the California Department of General Services.

23. EXECUTION OF CONTRACT / FAILURE TO EXECUTE CONTRACT

A bidder whose proposal is being recommended for acceptance shall execute a written Contract with the Agency, in the form of the CONSTRUCTION CONTRACT attached hereto, prior to contract award and within the time requested by the Agency. Thereafter, a bidder to whom an award is made shall secure the payment of Workmen's Compensation, and furnish good and approved bonds and insurance certificates, all as required in the following paragraph and all in accordance with the provisions hereof, within ten (10) Working Days from the date of the mailing of the Notice of Award, or the Notice of Intent to Award, by the Agency to the bidder, according to the address given by him in his proposal.

If a bidder to whom award is made fails or refuses execute the Contract prior to bid award, or to thereafter conform to any of the stipulated requirements in connection therewith, the money represented by his check or bidder's bond shall become the property of the Agency, as provided in the provisions for “Bid Security” herein, any award made will be annulled, and, at the discretion of the Agency, an award may be made to the bidder whose proposal is next most acceptable to the Agency, and such bidder shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made. A corporation whose proposal is being recommended for acceptance may be required, before the Contract is executed, to furnish evidence of its corporate existence, of its right to 03/26/2024 C5 32 of 231

17 do business in California, and of the authority of the officer signing the Contract and bonds for the corporation.

24. BONDS

Except as otherwise provided in the Contract Documents, a bidder to whom the Contract is awarded shall, within the time stated in the provisions for “EXECUTION OF CONTRACT / FAILURE TO EXECUTE CONTRACT” herein, furnish a bond with an admitted corporate surety, or corporate sureties conditioned upon the faithful performance of the said bidder of all covenants and stipulations in the Contract. Said bond, hereinafter referred to as the Faithful Performance Bond, shall be in the form approved by the Agency and in the penal sum of at least one hundred percent (100%) of the total amount payable by the terms of this Contract secured by two (2) or more sufficient sureties or by a surety company.

Within the time mentioned in the preceding paragraph, the bidder to whom the Contract is awarded shall also furnish a Payment Bond, approved by the Agency, in accordance with the provisions of Civil Code Section 3225-3228, inclusive, and Sections 3247-3252, inclusive. Unless otherwise specified in the Contract Documents, said Payment Bond shall be in a sum not less than one hundred percent (100%) of the total amount payable by the terms of this Contract, but not less than the sum prescribed by Section 3248 of the Civil Code, in any case.

Each bond shall incorporate, by reference, the Contract, and be signed by both the Contractor and the Surety.

Sureties must:

1) be listed in the latest version of U.S. Department of Treasury Circular 570 at:

https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm

2) be authorized to issue bonds in California;
3) have bonding limitation shown in said Circular 570 sufficient to provide bonds in the amount required for the contract.

The Agency will verify that the corporate surety or sureties that furnish bonds for this Contract are admitted sureties authorized to provide such services in the State of California through the following URL website link at:

http://www.insurance.ca.gov

The surety or sureties on all bonds furnished must be satisfactory to the Agency. All insurance or surety companies providing insurance or surety bond(s) under the Contract shall be admitted in the State of California to transact the insurance business in the class of the type provided and shall have a general policy holder's rating of "A" or higher and a Financial Class V ($10,000,000) or better as established in the most current A. M. Best's Key Rating Guide or equivalent or greater rating established by another recognized rating entity such as Moody’s; provided however, that for the workers' compensation and employers' liability insurance business and having a general policy holders' rating of "A" or higher and 03/26/2024 C5 33 of 231

18 a Financial Class VI or higher in the most current A.M. Best's Key Rating Guide. The party required to furnish bonds pursuant to these instructions shall furnish such bonds at his cost and expense. The Agency reserves the right to reject any bond if, in the opinion of the Engineer, the surety's acknowledgment is not in the form included in the Contract Documents or in another form substantially as prescribed by law.

Surety companies and insurance companies shall familiarize themselves with all of the conditions and provisions of the contract, and they waive the right of special notification of any change or modification of the Contract or of decreased or increased work or of the cancellation of the contract, or of any other acts by the Agency or its authorized agents, under the terms of the contract. Notwithstanding the provisions of any other contract or agreement, the failure of any surety company or insurance company to receive notification of any of the aforesaid changes shall in no way relieve the surety company or insurance company of its obligations under the contract. Notwithstanding any other provisions of the Contract Documents inconsistent with the provisions of this section, the Contractor shall not be responsible for the cost of repairing or restoring damage to the Work in excess of five percent (5%) of the Contract price caused by an act or acts of God, as defined in Public Contract Code Section 7105, occurring after the Contract for the Work is entered into.

To be approved, the Payment Bond must be in the form provided in these Project Specifications.

Unless a Contractor’s Payment Bond is filed and approved as herein provided, no claim in favor of the Contractor arising under the Contract shall be audited, allowed or paid by the Agency. Any persons named in Section 3181 of the California Civil Code shall receive payment of their respective claims in the manner provided by Chapter 4, Part 4, Division 3, Title 15 of the California civil Code upon having complied with the conditions of Section 3183 of the California Civil Code.

25. NOTIFICATION OF SURETY COMPANIES

The surety companies and other signers of any of the above mentioned bonds and insurance companies, shall familiarize themselves with all of the conditions and provisions of the contract, and they waive the right of special notification of any change or modification of the Contract or of extension of time, or of decreased or increased work, or of the cancellation of the Contract, or of any other act or acts by the Agency or its authorized agents, under the terms of the Contact; and failure to so notify the aforesaid surety companies or insurance companies of changes shall in no way relieve the surety companies of their obligation under the Contract.

26. LIABILITY INSURANCE

Before the Contract is executed on behalf of the Agency, a bidder to whom the Contract has been awarded shall furnish to the Agency a policy or certificate of protective liability insurance in which the Agency shall be named as an additional insured with the bidder. The policy shall insure the Agency, its officers and its employees, the bidder, his employees, and his subcontractors and their employees, and their heirs, agents, and employees, while acting within the scope of their duties, against all claims arising out of or in connection with the Work to be performed, and shall remain in full force and effect until the Work is accepted by the Agency. The policy shall provide for the limits stated with any 03/26/2024 C5 34 of 231

19 insurance policy carried by the Agency. The public liability insurance shall be in the amounts set forth in of the Supplementary General Provisions. The insurance company shall meet the financial strength rating requirements set forth in the General Provisions.

27. INSURANCE CODE REQUIREMENTS

Attention is called to the provisions of the Insurance Code of the State of California with reference to the writing of insurance policies and bonds covering risks located in this state, and the premiums and commissions thereon. A bidder to whom the Contract is awarded shall furnish, at the time his bond or bonds are submitted for approval, satisfactory evidence that the requirements of said code have been observed.

28. ASSIGNMENT

In accordance with Section 4552 of the Government Code, the bidder shall conform to the following requirements. In submitting a bid to the Agency, the bidder offers and agrees that if the bid is accepted, it will assign to the Agency 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. Section 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services or materials by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

29. WAGE RATES

Pursuant to the Vista City Charter and the Vista Municipal Code, payment of prevailing wages and compliance with the California Labor Code Sections 1770 et seq is required for this Project.

In accordance with the requirements of Section 1726 of the Labor Code, the Agency will ensure that public works contractors pay prevailing wages and are in compliance with public works laws and will report any suspected violations to the Labor Commissioner:

In accordance with the requirements of Section 1727 (a) of the Labor Code, the Agency will withhold and retain all amounts required to satisfy any Civil Wage and Penalty Assessment.

Information on the current prevailing wages can be obtained by contacting the State of California, Department of Industrial Relations, Division of Labor Statistics and Research, 45 Fremont Street, Suite 1160, San Francisco, California, 94105, (415) 703-4774 or from the California Department of Industrial Relations’ internet website at http://www.dir.ca.gov .

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20 30. SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION

The Contractor may elect to receive one hundred percent (100%) of payments due under the Contract Documents from time to time, without retention from any portion of the payment by the Agency, if the Contractor deposits securities of equivalent value with the Agency in accordance with the provisions of Section 22300 of the California Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the Agency, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in Section and 16430 of the California Government Code.

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21 INSTRUCTIONS FOR SIGNING BIDS, BONDS AND CONTRACTS

CORPORATIONS
Give name of corporation.

Proof of authorization shall be established (pursuant to Corporation Code Section 313) when the corporate officers listed below both sign the documents:

Signatures: Chairman of Board or President or Vice-President AND Secretary or Assistant Secretary or Chief Financial Officer or Assistant Treasurer.

Affix corporate seal and Notary's acknowledgment.

Others may sign to bind the corporation if the Agency has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so.

PARTNERSHIPS
Signatures: All members of partnership. One may sign if the Agency has a copy of authorization [i.e., a Certificate of Partnership (State form LP-1 for Limited Partnerships) or a copy of the partnership agreement is sufficient to establish the authority of a single general partner to bind the partnership].

Affix Notary's acknowledgment.

JOINT VENTURES
Give the names of the joint ventures.

Signatures: All joint ventures. One may sign if the Agency has a copy of authorization.

Affix Notary's acknowledgment.

INDIVIDUALS
Signature: The individual.

Affix Notary's acknowledgment.

FICTITIOUS NAMES
Show fictitious names.

Satisfy all pertinent requirements shown above (note: If the Bidder is a sole proprietorship, either a Fictitious Business Name Statement or a City of Vista business license is sufficient to establish the authority of an individual to bind the sole proprietorship).

BONDS
In addition to all pertinent requirements above, give signature of Attorney-in-Fact and apply surety's seal.

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22 BID PROPOSAL

From: ______________________________________________________________, Bidder,

To: City of Vista, City Clerk's Office
200 Civic Center Drive
Vista, CA 92084-6275

For: The construction of

STREET IMPROVEMENTS

as specifically set forth in documents entitled

AS-NEEDED ASPAHLT CONCRETE SPEED BUMPS AND BERMS, CIP No. 8361

The undersigned hereby proposes and agrees that if his bid as submitted in the attached BID SCHEDULE be accepted, he will contract in the form so approved to perform all work for which a Contract may be awarded him, to furnish any and all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein for the proposed Project as specifically set forth in said Contract Documents, together with appurtenances thereto, all as set forth on the Drawings and in the Project Specifications and other Contract Documents; and he further proposes and agrees to complete all the Work called for by the Drawings, Project Specifications, and other Contract Documents in strict conformity therewith within the time limits set forth therein; and that he will accept as full payment therefore the prices set forth in the BID SCHEDULE forming a part hereof.

The undersigned hereby submits either a Bid Bond or Bid Security in the form of Cash, a Cashier’s Check, or a Certified Check, using the forms included in these Bid Documents, properly made payable to CITY OF VISTA, hereinafter designated as the Agency, in an amount that is at least ten percent (10%) of the total base bid amount. The Bid Bond or Bid Security is attached hereto and is given as a guaranty that the undersigned will execute the Contract and furnish the required bonds if awarded the Contract and, in case of failure to do so within the time provided, the proceeds of said bond or bid security shall be forfeited to the Agency. The Surety’s liability to the Agency for forfeiture of the face amount of the bond shall be considered as established.

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23 It is understood and agreed that:

1. The undersigned has carefully examined all Bid documents and other Documents which will form the Contract, including all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents.

2. The undersigned has, by investigating the site of work, by reviewing and analyzing the Plans and Specifications, and by otherwise familiarizing himself with the Project, has satisfied himself as to the nature and location of the Work and has fully informed himself as to all conditions and matters which can in any way affect the Work or the cost thereof.

3. The undersigned fully understands the scope of the Work and has included in the various related items of Work the cost of all work not listed as a separate item so that the Bid for the Project reflects the total cost for completing the Work in its entirety, has checked carefully all words and figures inserted in this Bid, and he further agrees that the Agency shall in no way be responsible for any errors or omissions in the preparation of this proposal.

4. The undersigned will execute the Contract and furnish the required Performance Bond, Payment Bond, and proof of insurance coverage within the stipulated time after the mailing of a notice to him of acceptance of his bid by the Agency; and further, that this bid may not be withdrawn for a period of ninety (90) calendar days after the date set for the opening thereof unless otherwise required by law. If any bidder shall withdraw his bid within said period, the bidder shall be liable under the provisions of the Bid Security, or the bidder and his surety shall be liable under the Bid Bond, as the case may be.

5. The surety or sureties and insurance companies named in the space provided have agreed to furnish bonds, insurance, and endorsements in the form and amounts set forth in the Contract Documents in the event the Contract is awarded on the basis of this proposal.

6. The undersigned hereby certifies that this proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.

7. In conformance with current statutory requirements of Section 1860, et. seq., of the Labor Code of the State of California, the undersigned confirms the following as his certification:

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

8. Receipt of Addenda No. ___ through ___ is hereby acknowledged. (If none, write “NONE”).

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24 9. In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated, the undersigned, with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached BID SCHEDULE upon which award of the Contract is made.

(Continued on next page)

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25 DATE: ________________, 20_____ BIDDER’S NAME___________________________

BY______________________________________
Signature

________________________________________
Printed Name

TITLE____________________________________

BY______________________________________
Signature

________________________________________
Printed Name

TITLE____________________________________

(CORPORATE SEAL) BIDDER'S MAILING ADDRESS:

Name and address of all members ________________________________________ of the firm or names of all officers
of the corporation. ________________________________________

CORPORATION ORGANIZED UNDER THE LAWS
_________________________________ OF THE STATE OF

_________________________________ ________________________________________

_________________________________ CONTRACTOR'S LICENSE # _________________

_________________________________ EXPIRATION DATE_________________________

_________________________________ CONTRACTOR'S LICENSE CLASS______________

_________________________________ SURETY OR SURETIES: _____________________

_________________________________ ________________________________________

_________________________________ INSURANCE COMPANY:

_________________________________ ________________________________________

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct:

______________ _________________________________
Date CONTRACTOR'S SIGNATURE

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26 BID SCHEDULE

To be completed through the City’s Electronic Bidding System (OpenGov Procurement)

Pursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the proposal for the construction of

STREET IMPROVEMENTS

as specifically set forth in documents entitled

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS, CIP NO. 8361

all in accordance with the Plans and Project Specifications on file at the City of Vista Engineering Department, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the Work at the place the Work is to be done; and with the Plans, Project Specifications and other Contract Documents, hereby stipulated; the Contractor agrees to complete the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, tools, equipment, expendable supplies and all utility and transportation services necessary to perform the Contract, and complete in a workmanlike manner all of the Work required in connection with the Contract, all in strict conformance with the Plans and Project Specifications on file at the City of Vista Engineering Department.

All items shall be finished and functional per Plans and the Contract Documents. Items designated with an ‘S’ in the Bid Item column of the Bid Schedule are Specialty Items per Subsection 2-3.2 (“Self Performance”) of the San Diego Regional Supplement to the Greenbook.

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27 Bid Items For

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS, CIP NO. 8361

TO BE COMPLETED THROUGH THE CITY’S ELECTRONIC BIDDING SYSTEM (OpenGov Procurement)

NOTE 1: The Bid Schedule Worksheet on page 28 is provided only as a reference for preparing the bid.

Only the unit prices and totals entered in the OpenGov Procurement bidding system will be considered valid for purposes of the City’s bid evaluation. The low bidder bid schedule from OpenGov Procurement will be printed and inserted into the final contract documents.

Note 2: Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.

The following “Description of Base Bid Items” describes what is included in the Bid Item and how the item of work is to be measured and paid.
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28 BID SCHEDULE WORKSHEET
(Provided for reference only, see NOTE 1 page 27 above)

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS, CIP No. 8361

BID SCHEDULE TO BE COMPLETED THROUGH THE CITY’S ELECTRONIC BIDDING SYSTEM (OpenGov Procurement)

Base Bid Items and Quantities

Bid
Item Description Of Work Qty. Unit
1 Asphalt Concrete Speed Bump 1,000 LF
2 6-inch Asphalt Concrete Berm 1,000 LF
3 Berm White Dash Striping 500 LF
4 Temporary Painted BUMP Legend and Chevron Marking 100 EA 5 Thermoplastic BUMP Legend and Chevron Marking 100 EA
6 SPEED BUMPS AHEAD Sign and Post 100 EA

BID SCHEDULE WORKSHEET – END
(Provided for reference only, see NOTE 1 page 27)

BID SCHEDULE TO BE COMPLETED THROUGH THE CITY’S ELECTRONIC BIDDING SYSTEM (OpenGov Procurement)

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29 A. Description of Base Bid Items:

Bid Item 1 – Asphalt Concrete Speed Bump: Bid item shall include full compensation for labor, materials, and equipment for all work required to install an asphalt concrete speed bump at various lengths to fit the roadway per work order, including mobilization and demobilization, providing typical traffic control plans, implementing traffic control devices and flagging personnel, cold milling 0.75-inch of existing asphalt concrete within the area of the proposed speed bump location to lock in edge, application of SS1H tack oil to the base of speed bump area, forming and spreading ½-inch PG64-10 hot mix asphalt concrete to a width of 12-feet at various lengths to meet work order and modified City Standard Drawing TRF-02, the average height of each speed bump should taper from 0-inch to 3.5-inch and back to 0-inch, roll each speed bump for compaction and smoothness per these Specifications, Standard Specifications, Supplementary General Provisions, and as directed by the Engineer and payable per linear foot of speed bump as shown on the Bid Schedule and any other related work shall be considered as in the costs of other work. No additional compensation will be made.

Bid Item 2 – 6” Asphalt Concrete Berm: Bid item shall include full compensation for labor, materials and equipment for work required to install a 6-inch tall asphalt concrete berm, including mobilization and demobilization, providing traffic control plans, implementing traffic control devices and personnel, cold milling existing asphalt concrete surface (mountable berms), installing tack oil on existing asphalt concrete surface, installing PG70-10 hot mix asphalt concrete, shaping and compacting berm with an extrusion machine or with use of forms to the required cross sections per SDRSD G-5 in accordance with these Specifications, Standard Specifications, Supplementary General Provisions, and as directed by the Engineer and payable per linear foot of 6” Asphalt Concrete Berm as shown on the Bid Schedule and any other related work shall be considered as in the costs of other work. No additional compensation will be made.

Bid Item 3 – Berm White Dash Striping: Bid item shall include full compensation for all labor, material, and equipment required to mobilize and demobilize, implement the same traffic control as required by Bid Item 2, paint 5-feet of white dashed striping (2 coats) every 5-feet on the face and top of an existing asphalt concrete berm one week after asphalt concrete berm was installed, as directed by the Engineer, shown on the work order, these Specifications, Standard Specifications, Supplementary General Provisions, and as directed by the Engineer and payable per linear foot of 2 coats of white paint as shown on the Bid Schedule any other related work shall be considered as included in the costs of other work. No additional compensation will be made.

Bid Item 4 –Temporary Painted BUMP Legend and Chevron Marking: Bid item shall include full compensation for all labor, material, and equipment required to immediately (same day) install after asphalt concrete speed bump is completed the temporary painted (1 coat) one BUMP Legend (one side of speed bump) and Chevron Markings (one side of speed bump) as shown on sample work order located in the Appendix, in accordance with these Specifications, Standard Specifications, Supplementary General Provisions, and as directed by the Engineer and payable per each temporary painted speed bump (1 BUMP and 1 Chevron) as shown on the Bid Schedule and any other related work shall be considered as included in the costs of work. No additional compensation will be made.

Bid Item 5 –Thermoplastic BUMP Legend and Chevron Marking: Bid item shall include full compensation for all labor, material, and equipment required to install Thermoplastic BUMP Legend and Chevron Marking on 03/26/2024 C5 45 of 231

30 top of temporary paint (Bid Item 4) after asphalt concrete has cured enough for the placement of Thermoplastic BUMP Legend (one side of speed bump) and Chevron Markings (one side of speed bump) as shown on sample work order located in the Appendix, in accordance with these Specifications, Standard Specifications, Supplementary General Provisions, and as directed by the Engineer and payable per each thermoplastic marked speed bump (1 BUMP and 1 Chevron) as shown on the Bid Schedule and any other related work shall be considered as included in the costs of work. No additional compensation will be made.

Bid Item 6 –SPEED BUMPS AHEAD Sign and Post: Bid item shall include full compensation for all labor, material, and equipment required to install SPEED BUMPS AHEAD signs on break away posts (W8-1 Modified 30” x 30”) as shown on the sample work order located in the Appendix in accordance with these Specifications, Standard Specifications, Supplementary General Provisions, and as directed by the Engineer and payable per each sign and post (combined) as shown on the Bid Schedule and any other related work shall be considered as included in the costs of work. No additional compensation will be made.

--END OF BID SCHEDULE--

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31 CONTRACTOR'S LICENSING STATEMENT

The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.

Contractor's License Number: _________________________________________________________________

Contractor's License Class: _________________________________________________________________

Expiration Date: _________________________________________________________________

Name of Individual Contractor (Print or type): ____________________________________________________

Signature of Contractor: _________________________________________________________________

Business Address: _________________________________________________________________

Name of Firm: ________________________________________________________________________

Business Address: ________________________________________________________________________

Signature, printed name, title and address of members signing on behalf of the partnership:

Signature: _____________________ Name: ______________________ Title:______________________

Address:
_________________________________________________________________________________

Signature: _____________________ Name: ______________________ Title:_____________________

Address:_________________________________________________________________________________

Name of Corporation: ________________________________________________________________________

Business Address: ________________________________________________________________________

Corporation organized under the laws of the State of _____________________________________________

_____________________________________ __________________________________________ Signature of President of Corporation Printed Name of President of Corporation

_______________________________________ __________________________________________ Signature of Secretary of Corporation Printed Name of Secretary of Corporation 03/26/2024 C5 47 of 231

32 PROJECT REFERENCES

The Bidder shall provide evidence that the Bidder has had the prior experience to properly perform in accordance with the terms of these Plans and Project Specifications.

List ALL contracts with public agencies entered within the past five (5) years of the most recent projects for which the Bidder has completed work of similar size and complexity to this project as the General (or Prime) Contractor, and the names and phone numbers of the contracting public agencies. Make copies of this page for listing additional projects.

Project
No. Date Completed Public Agency Name,
Contact Person & Phone
Project Name and Description
of Work Contract Amount

1. 2.

3. 4.

5. 6.

Note: Attached pre-printed list to this page to list additional projects.

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33 CONTRACTOR’S LIST OF SUBCONTRACTORS

PROJECT NAME: AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS, CIP NO. 8361

NAME OF BIDDER: _____________________________________________________________________

In accordance with Division 2, Part 1, Chapter 4 of the Public Contract Code, the prime Contractor shall submit with its Bid a list of subcontractors who will perform work in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid or $10,000, whichever is greater.

Subcontractors listed must be properly licensed for the type of work they are to perform, and their license numbers must be indicated below. Do not list alternate subcontractors for the same work.

Name under which
Subcontractor is licensed
License No.
and Class
Address of Office,
Mill or Shop
DBE
(Yes/No)
Bid
Item
No(s).

Description of
Subcontractor’s
Portion of Work
Dollar Value
of
Subcontract

IF NO SUBCONTRACTORS ARE LISTED, BIDDER MUST INITIAL ONLY ONE OF THE FOLLOWING OPTIONS:

_____ Initial here if no subcontractor(s) will be performing Work; OR

_____ Initial here if all subcontractor(s) will be performing Work valued less than the greater of 0.5% of bid or $10,000, whichever is greater.

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34 NON-COLLUSION DECLARATION

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS
CIP NO. 8361

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the __________________ of _________________________________, the party making the foregoing bid. (Title) (Company Name)

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, 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, hereby 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 correct and that this declaration is executed on

________________________, at ________________________________, ___________________________.” (Date) (City) (State)

________________________________________
Signature

________________________________________
Printed Name

________________________________________
Title

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35 BID SECURITY FORM
Note: This form is to be used when the Bidder chooses to submit cash or a check instead of a bid bond as bid security.

Cash or a cashier’s or certified check in the amount of not less than ten percent (10%) of the total Base Bid must accompany the bid.

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Vista (“Agency”) has issued an invitation for bids for the work described as follows:

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS, CIP No. 8361

WHEREAS

(Name, address, and telephone number of Bidder)
the undersigned bidder (“Bidder”), has submitted the accompanying bid to Agency for the work.

WHEREAS, bidders are required under the provisions of the Vista Municipal Code to furnish a form of bidder’s security with their bid.

NOW, THEREFORE, the undersigned Bidder, is held and firmly bound unto Agency in the penal sum not less than ten percent (10%) of the total base bid amount, in lawful money of the United States of America in the form of *Cash, *a Certified Check, *a Cashier’s Check (* Strike out the inapplicable words) for the payment of which sum 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, if the Bidder shall not withdraw said bid within the period specified in the bidding specification, or, if no period be specified, for ninety (90) calendar days after the bid opening; or if the Bidder does not attempt to withdraw the bid when the requirements of Public Contract Code §5101 et seq. are not met; or if the Bidder is awarded a contract for the work by Agency and, within the time and in the manner required by the bidding specification , or if no period be specified, within ten (10) working days after the Contract is awarded, enters into the written form of contract included with bidding specification, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void and the cash or check shall be returned to Bidder; otherwise, the proceeds of the cash or check shall become the property of the Agency and the Bidder shall have no further interest therein.
[Text and signatures continued on page 2.]

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36 In case suit is brought against the Bidder based on this obligation, Bidder further agrees to pay all court costs incurred by Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court.

IN WITNESS WHEREOF, this instrument has been duly executed by Bidder on the date set forth below, the name of each corporate officer being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

Bidder

By:

Its
By:

Its
(Seal)

This form must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

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37 Bond No.:

BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

The City of Vista (“City”) has issued an invitation for bids for the work described as follows:

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS, CIP No. 8361

(Name, address, and telephone number of Bidder)
the undersigned bidder (“Principal”), has submitted the accompanying bid to City for the work.

Bidders are required under the provisions of the Contract to furnish a form of bidder’s security with their bid.

NOW, THEREFORE, we, the undersigned Principal, and

(Name, address, and telephone number of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum not less than ten percent (10%) of the total base bid amount, in lawful money of the United States of America, for the payment of which sum 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, if the hereby bounded Principal shall not withdraw said bid within the period specified in the bidding specification, or, if no period be specified, for ninety (90) calendar days after the bid opening; or if the Principal does not attempt to withdraw the bid when the requirements of Public Contract Code §5101 et seq. are not met; or if the Principal is awarded a contract for the work by City and, within the time and in the manner required by the bidding specification , or if no period be specified, within ten (10) working days after the Contract is awarded, enters into the written form of contract included with bidding specification, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by City in the suit and reasonable attorneys’ fees in an amount fixed by the court.

Surety, for value received, hereby stipulates and agrees that no change, extension of time for award of a contract after opening of bids, alteration, addition, modification, or supplement to the terms of the bidding documents, the work to be performed thereunder, or the Contract Documents shall in any way affect Surety’s obligations under this Bond, and Surety does hereby waive notice of any such change, extension of time, alteration, addition, modification or supplement to the terms of said Bidding Documents, the Work to be performed thereunder, or the Contract Documents. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849. City is an intended beneficiary of this bond and has all rights of a party thereto.
[Text and signatures continued on page 2.]
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38 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Signature

Name and Title

By:

Signature

Name and Title
(Seal)

“`Surety”

By:

Signature

Name and Title

By:

Signature

Name and Title
(Seal)

This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

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39 JOB ORDER CONTRACT FOR

TYPE OF SERVICES
THIS CONTRACT is entered into by and between the “Parties” as of _____________________ (“Contract Date”).

1.0 THE PARTIES:

The “City”:

CITY OF VISTA, a chartered municipal corporation
200 Civic Center Drive
Vista, CA 92084

Working Contact: namey
Billing Contract: namez
The “Contractor”:

NAMEX , status
Address
Address

Contact: namex

2.0 THE WORK

2.1 City is authorized under Chapter 3.08 the Vista Municipal Code to enter into a job order contract with Contractor.

2.2 The “Required License” for the services is licensetype .

2.3 Contractor, a contractor holding the Required License, desires to enter into this “Contract” with the City for the Work (“Contract”).

2.4 The “Services” to be performed by Contractor are set forth in the City’s Request for Proposals (“Exhibit A”).

2.5 Contractor has submitted to City a Proposal to perform the Services dated proposaldate (“Exhibit B”).
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40 2.6 The “Contract Ceiling Price” is $pricex [per year].

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect for XX calendar months (“Term”).

3.3 City may terminate this Contract upon 10-days’ written notice to Contractor. Contractor may terminate this Contract upon 90-days’ written notice to City. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 EXECUTION OF ADDITIONAL DOCUMENTS
As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:

1. Contractor’s Forms

2. Labor Law Compliance Form, Exhibit D (This Contract requires the payment of prevailing wages.)

41 cost to the City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

6.0 COMPENSATION

6.1 City shall pay Contractor for the Services to be performed on the basis set forth in Exhibit B.

6.3.1 The changes, additions, and deductions to be made.

6.3.2 The increase or decrease in compensation due the Contractor, if any.

6.3.3 Adjustment in the time of completion, if any.

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42 6.6.1 Payments which may be past due and payable for just claims against the Contractor or any subcontractors for labor or materials furnished in or about the performance of the Services under this Contract.

6.6.2 Estimated or actual costs for correcting defective work not remedied.

6.6.3 Amounts claimed by the City as forfeiture due to delay or other offsets.

6.6.4 Estimated or actual costs for emergency work by City forces, which is a result of the Contractor's neglect or actions.

6.7 Contract Ceiling Price

6.7.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.

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43 7.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents:

Documents required under Exhibits A–E, and the Standard Specifications (defined below).

9.0 STANDARD SPECIFICATIONS AND STANDARD PLANS

9.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:

9.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:

San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.

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44 City: The City of Vista.

Board: The City Council of the City of Vista.

Drawings or Plans: All drawings, plans, maps, profiles and diagrams delineating the work on the Services.

12.0 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS
Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details of construction.

Specifications shall govern as to materials, workmanship and installation procedures. Drawings and specifications are intended to be fully cooperative and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the City Engineer whose decision thereon shall be final.

The Standard Specifications shall apply for materials and methods of construction not specifically or otherwise shown or specified in the Project drawings and specifications.

13.0 CONTROL OF SERVICES

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45 13.2 Superintendence. The Contractor shall designate in writing a competent supervisor for the Services who must be personally present on the premises where the work on the Services is performed. When work is not in progress and during periods when the work is suspended, arrangements acceptable to the City's Representative shall be made for any emergency work that may be required.

13.5 Preservation of Property. The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, and adjacent property. All buildings and structures and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor entered upon the work or as good as required by the drawings and specifications if any such objects are a part of the work being performed.

46 14.0 EXISTING UTILITIES AND IMPROVEMENTS
If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract drawings or specifications, it shall immediately notify the City in writing.

All repairs to damaged utilities and improvements shall be inspected and approved by an authorized representative of the City before being concealed by backfill or other work.

16.0 MAINTENANCE AND GUARANTY
The Contractor hereby guarantees that all work performed by it under the Contract will fully meet all requirements of the Contract as to quality of workmanship and materials furnished by it. The Contractor hereby agrees to make at its own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by it that become evident within one year after the date of final payment, and to restore to full compliance, with the requirements of these specifications part of the Services which during the one-year period is found to be deficient with respect to any provisions of the specifications.

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47 17.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Agreement or its performance except: (1) Liability caused by the City's sole negligence or willful misconduct; or (2) for Liability caused by the City's active negligence, in which case the indemnity received by the City shall be reduced by the amount: (i) that the City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).

18.0 INSURANCE AND BONDS
Contractor shall comply with the insurance and bond provisions set forth in Exhibit C.

The Contractor shall include any and all costs associated with compliance with these safety requirements in the appropriate bid items of Services to be performed.

20.0 PERMITS (CITY AND OTHER AGENCIES)

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48 20.2 The permittees shall first submit the following documents to the City's Representative or its designee with proof that the policies/licenses are current:

20.2.1 Contractor's License of appropriate classification.

20.2.2 City Business License. A fee will be charged for any new Business Licenses.

20.2.3 General Liability Insurance Certificate as required by Exhibit C.

20.2.4 Worker's Compensation Insurance Certificate as required by Exhibit C.

A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

49 supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees 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 arising from purchases of goods, services or materials pursuant to the public works contract of the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the Parties.

25.0 CIVIL RIGHTS

50 condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

26.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
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51 27.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

28.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Agreement, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

29.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

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52 30.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN CONLEY, CITY MANAGER

ATTEST:

KATHY VALDEZ, CITY CLERK

By:________________________________

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:________________________________

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER

By:________________________________
“Contractor”

NAME, status

By:

Name/Title

By:

Name/Title

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53 Bond No.

Premium: $
Effective Date:

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

The City of Vista (“City”) has awarded a contract (the “Contract”) with The Principal (“Principal”) as follows:

STREET IMPROVEMENTS
as specifically set forth in documents entitled
AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS, CIP NO. 8361

which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.

Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full, and faithful performance of the Contract concurrently with delivery of the signed Contract to City.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name, address, and telephone number of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Amount Dollars ($xxx), this amount being not less than one hundred percent (100%) the total contract price, in lawful money of the United States of America, for the payment of which sum 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, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on Principal’s part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City and its officers, agents, and others as therein provided, from any and all losses, liability and damages, claims, judgments, stop payment notices, costs, and fees of every description, whether imposed by law or equity, which may be incurred by City by reason of the failure or default on the part of Principal in the performance of any or all of the terms or the obligations of the Contract Documents, as they may be amended and supplemented including, but not limited to, Principal’s liability for City’s damages (including direct and consequential damages incurred by City for:
rental expenses; losses of use, income, profit, business, and reputation; increased financing costs; and loss of management or employee productivity or of the services of such persons) caused by Principal’s delays, as well as Principal’s liability for other delay damages or liquidated damages, and any warranties or guarantees required thereunder; then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
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54 When City declares that Principal is in default under the Contract, Surety shall promptly, take one of the following actions:
(a) Remedy the default;
(b) Undertake through its agents or independent contractors reasonably acceptable to City, to complete the Project according to the Contract Documents’ terms and conditions then in effect including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; or, if required by City;
(c) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions using a procurement methodology approved by City, select a contractor or contractors — acceptable to City — to complete all of the Work, and arrange for a contract between the contractor(s) and City, to be secured with performance and payment bonds executed by an admitted surety insurer equivalent to the bonds issued on the Construction Contract, and Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents, including other costs and damages for which Surety is liable under this Bond and all obligations with respect to warranties, guarantees, and the payment of liquidated damages as a result of Contractor’s default; (d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:
(i) After investigation, determine the amount for which it may be liable to City and, as soon as practicable after the amount is determined, make payment to City; or (ii) Deny liability in whole or in part and notify City, citing the reasons for denial.

If Surety does not proceed as provided above with reasonable promptness, Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond, and City shall be entitled to enforce any remedy available to City. If Surety admits liability and tenders payment, and City refuses the payment, or Surety has denied liability, in whole or in part, without further notice City shall be entitled to enforce any remedy available to City.

In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys’ fee provision contained in this Performance Bond shall not apply to the Contract. In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys’ fees in the litigation.

FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849. City is an intended beneficiary of this bond and has all rights of a party thereto.
[Text and signatures continued on page 3.]
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its 03/26/2024 C5 70 of 231

55 undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

THE PRINCIPAL

By:

Signature

Name and Title

By:

Signature

Name and Title
(Seal)

“`Surety”

By:

Signature

Name and Title

By:

Signature

Name and Title
(Seal)

This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

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56 Bond No.

Premium: $
Effective Date:

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

The City of Vista (“City”) has awarded a contract (the “Contract”) to The Principal (“Principal”) as follows:

STREET IMPROVEMENTS

as specifically set forth in documents entitled

AS-NEEDED ASPHALT CONCRETE SPEED BUMS AND BERMS, CIP NO. 8361

which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.

Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the prompt, full, and faithful payment of any Claimant, as hereinafter defined, for all labor, materials or services used or reasonably required for use in the performance of the work, concurrently with delivery to City of the signed Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name, address, and telephone number of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Amount Dollars ($xxx), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum 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, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract (“Claimants”), Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.
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57 This bond shall inure to the benefit of any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), so as to give a right of action to such persons or their assigns in any suit brought upon the bond.

In case suit is brought upon this bond to enforce or interpret this bond’s terms, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys’ fee provision contained in this Performance Bond shall not apply to the Contract. In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys’ fees in the litigation.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

THE PRINCIPAL

By:

Signature

Name and Title

By:

Signature

Name and Title
(Seal)

“`Surety”

By:

Signature

Name and Title

By:

Signature

Name and Title
(Seal)

This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

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58 CONTRACTOR'S CERTIFICATE

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS
CIP NO. 8361

CONTRACTOR'S CERTIFICATE PURSUANT TO
SECTION 1861 OF THE LABOR CODE

I am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.

___________________________________
Name of Contractor

By: ________________________________
Signature

___________________________________
Printed Name

___________________________________
Title

___________________________________
Date

By: ________________________________
Signature

___________________________________
Printed Name

___________________________________
Title

___________________________________
Date

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59 NON-COLLUSION DECLARATION FOR SUBCONTRACTORS

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS
CIP NO. 8361

TO BE EXECUTED BY EACH AWARDEE OF A SUBCONTRACT
The undersigned declares:

I am the __________________ of _________________________________, the party making the foregoing bid. (Title) (Company Name)

The provisions of this declaration shall not be held as disqualifying a person, firm or corporation who has submitted a sub-proposal to one bidder from submitting separate sub-proposals or quoting prices for materials or work to other bidders.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on

____________________, at ________________________________, _________________________.” (Date) (City) (State)

________________________________________
Signature

________________________________________
Printed Name

________________________________________
Title
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60 SUPPLEMENTARY GENERAL PROVISIONS

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS
CIP NO. 8361

This section makes additions, deletions, or revisions to PART 1 – GENERAL PROVISIONS of the 2012 Standard Specifications for Public Works Construction (“Greenbook”). All sections and subsections which are not changed remain in full force and effect.

SECTION 1 – TERMS, DEFINITIONS,

ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS

1-1 GENERAL.

Modify this subsection by adding the following:

The terms “as shown,” “as indicated,” or “as specified” are understood to be followed by the phrase “in the Contract Documents.”

Working titles having a masculine gender, such as “workman” and “journeyman” and the pronoun “he,” are used in the Specifications for the sake of brevity, and are intended to refer to persons of either gender.

1-2 TERMS AND DEFINITIONS.

Modify the following terms and definitions to read:

Agency or City or Owner - The legal entity for which the Work is being performed, either the City of Vista, the Vista Community Development Commission, or the Buena Sanitation District.

Board – Where the word Board appears in the Standard Specifications, it shall mean the officer or body constituting the awarding authority of the Agency, either the City Council of the City of Vista, the Commission of the Vista Community Development Commission, or the Board of the Buena Sanitation District.

Special Provisions - Means the Supplementary General Provisions and Technical Provisions of the Project Specifications.

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61 Standard Plans or Standard Drawings - Means the most recent editions of the Standard Drawings of the City of Vista and the San Diego Regional Standard Drawings (SDRSD), unless otherwise noted. The City of Vista Standard Drawings takes precedence over the San Diego Regional Standard Drawings.

Specifications or Standard Specifications - The Standard Specifications of the Agency are the latest edition of the Standard Specifications for Public Works Construction (“Greenbook”), as written and promulgated by Public Works Standards, Inc., together with the most current Cumulative Supplement adopted by the Greenbook Committee of Public Works Standards, Inc. and along with the latest San Diego Regional Supplement to “Greenbook” as approved and adopted by the San Diego Regional Standards Committee.

The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by the Plans, Special Provisions, or other Contract Documents. The Special Provisions are supplemental to the provisions of the Standard Specifications, unless otherwise noted.

Only those sections requiring elaborations, amendments specifying options, additions or deletions are called out.

Working Day - Modify c) as follows:

The Agency recognizes ten (10) holidays on which no work is to be scheduled, as follows:

HOLIDAY OBSERVED ON
New Year’s Day January 1
Martin Luther Day, Jr. Day 3rd. Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st. Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th. Thursday in November
The day after Thanksgiving Friday after 4th. Thursday in November Christmas Day December 25

Add the following new terms and definitions:

Acceptance – Formal action of the Agency in determining that the Contactor’s Work has been completed in accordance with the Contract, filing a Notice of Completion with the County Recorder, which stipulates that date that the Work was completed, and notifying the Contractor in writing of the acceptability of the Work. 03/26/2024 C5 77 of 231

62 Award of Contract (Award) – Date of – Date on which the Mayor or designee executes the Contract.

ASTM Designations – The latest revised Specifications or tentative Specifications of the American Society for Testing and Materials.

Best Management Practices (BMPs) – (a) A measure implemented to protect water quality and reduce the potential for pollution (associated with storm water runoff); (b) Any program, technology, process, siting criteria, operating method, measure, or device that controls, prevents, removes, or reduce pollution.

CA MUTCD – California Manual on Uniform Traffic Control Devices.

Certificate of Compliance – A written document signed and submitted by a supplier or manufacturer that certifies that the material or assembled material supplied to the Work site complies with the requirements of the Contract Documents.

Disadvantaged Business Enterprise (DBE) - A for-profit “small business concern” that is at least fifty-one percent (51%) owned and controlled by one or more socially and economically disadvantaged individuals certified by the California Department of Transportation (Caltrans).

Inspector – The engineering or technical personnel authorized to act as agents for the Engineer in the supervision of work covered by these Specifications, limited to the particular duties entrusted to them.

Main or Trunkline Facility - An Owner owned and maintained principal subsurface conduit that collects sewage or storm drainage, or distributes potable water.

Material and Labor Bond - The Payment Bond as defined in the Civil Code of California relating to Payment Bond for Public Works.

Notice of Completion (NOC) – A document the Agency will file with the County Recorder, if in the Agency’s judgment, the Work has been completed. NOC stipulates the date that the Engineer accepted the Work. See California Civil Code section 3093.

Portable Emissions Unit - Any type of portable equipment which may discharge air contaminants into the atmosphere as stated in the San Diego County Air Pollution Control District Rules and Regulations.

Project - Means the total construction of all improvements located on the Site identified in the plan drawings and contractual documents.
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63 Project Specifications - Comprised of the Notice Inviting Bids, the Instructions to Bidders, the BID documents, the Contract Documents, the Special Provisions, which include the Supplementary General Provisions and the Technical Provisions, permits issued by jurisdictional regulatory agencies, all appendices, the Standard Specifications, and all reference Specifications.

Punchlist – List of incomplete items of Work and of items of Work that are not in conformance with the Contract.

1-3 ABBREVATIONS.
1-3.2 Common Usage.

Add the following:

AC ........ ........... ............ ............ Asphalt Concrete AT&T .... ........... ............ ............ Local and long distance telephone company (formerly SBC and Pacific Bell)
CGP ..... ........... ............ ............ Construction General Permit CMP ..... ........... ............ ............ Corrugated Metal Pipe LUP ...... ........... ............ ............ Linear Underground / Overhead Project NCTD ... ........... ............ ............ North County Transit District NEC ..... ........... ............ ............ National Electrical Code OSHA ... ........... ............ ............ Occupational Safety and Health Administration (Department of Labor)
PCR ..... ........... ............ ............ Point of curb return SWMP . ........... ............ ............ Storm Water Management Plan VID ....... ........... ............ ............ Vista Irrigation District WPCP .. ........... ............ ............ Water Pollution Control Plan WDID ... ........... ............ ............ Waste Discharge Identification Number

1-3.3 Institutions.

Add the following institutions:

APWA ... ........... ............ ............ American Public Works Association SDRWQCB ....... ............ ............ California Regional Water Quality Control Board, San Diego Region

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64 SECTION 2 – SCOPE AND CONTROL OF THE WORK

2-1 AWARD AND EXECUTION OF CONTRACT.

Revise to read as follows:

2-1 AWARD AND EXECUTION OF CONTRACT. Award and Execution of Contract shall be as provided for in the Project Specifications, Notice Inviting Bids, and Instructions to Bidders, or the Specifications.

For projects with a value of $150,000 and less, the City Manager is authorized to award the Contract and the Agency will mail a “Notice of Intent to Award” to the Contractor accepting the Bidder’s proposal. Within ten (10) Working Days of the date of this mailing, the Contractor shall submit the completed “Agreement and Bonds” portion of the Contract and the insurance certificates. The City Manager will then execute the Contract for the Agency.

For projects with a value greater than $150,000, the City Council will award the Contract and the Agency will mail a “Notice of Award” to the Contractor. Within ten (10) Working Days of the date of this mailing, the Contractor shall submit the completed “Agreement and Bonds” portion of the Contract and the insurance certificates. After the City Council approves the Contract, the Mayor will execute the Contract for the Agency.

Add the following new subsections:

2-1.1 Integration.

Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

2-1.2 Change in Name and Nature of Contactor’s Legal Entity.

Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the Agency in order that proper steps may be taken to have the change reflected on the Contract.

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65 2-2 ASSIGNMENT.

Add the following paragraph:

In accordance with Section 4551 of the Government Code, the Contractor and subcontractors shall conform to the following requirements. 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 subcontractor offers and agrees 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 arising from purchases of goods, services or materials pursuant to the public works Contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

2-5 PLANS AND SPECIFICATIONS.
2-5.1 General.

Add the following to the second paragraph in this subsection:

As shown on the Plans or described in the Specifications, each element of the Work must be furnished complete, finished and functional. Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Specifications shall govern as to materials, workmanship and installation procedures. The specification calling for the higher material or workmanship shall prevail. In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the representative of the owner of the facility affected by the work, whose decision shall be final.

Replace the last paragraph with the following:

If the Contractor, either commencing work or in the course of the work, finds any discrepancy between the Specifications and the Plans, or between either and the physical conditions at the site of the Work, or finds any error or omission in any of the Plans, or in any survey, the Contractor shall promptly notify the Engineer in writing of any discrepancy, error, or omission. No work shall be done in any area of such discrepancy until the Engineer has given approval for same in writing. The Contractor shall forward written Requests for Information (RFIs) to the Engineer in all such matters. Only written authorization from the Agency shall be binding over any deviation or changes in the Plans and Project Specifications. If the Contractor observes that any Plans or Specifications are at variance with any applicable law, ordinance, regulation, order or decree, the Contactor shall promptly notify the Engineer in writing of such conflict.

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66 The Engineer on receipt of any such written notice will promptly investigate the circumstances and give appropriate instruction to the Contractor in writing. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after the Contractor’s discovery of such error, discrepancy or conflict, shall be at the Contractor’s own risk, and the Contractor shall bear all costs arising therefrom.

2-5.2 Precedence of the Contract Documents.

Add the following:

With reference to the Drawings, the order of precedence, from highest to lowest, shall be as follows:

a) Figures govern over scale dimensions. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. b) Detail drawings govern over general drawings
c) Large scale details shall take precedence over smaller scale drawings as to shape and details of construction.
d) Work not particularly shown or specified shall be the same as similar work that is shown or specified.
e) Addenda or Change Order drawings govern over Contract Drawings f) Contract Drawings govern over Standard Drawings
g) Contract Drawings govern over Shop Drawings

The specifications contained in the Agency’s Supplementary Special Provisions (General and Technical) take precedence over the specifications contained in the San Diego Regional Supplement to the Greenbook and the Greenbook. The specifications contained in the San Diego Regional Supplement to the Greenbook take precedence over the specifications contained in the Greenbook.

Should it appear that the Work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained on the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Specifications, the Contractor shall forward written Requests for Information (RFIs) to the Engineer for such further explanation as may be necessary and the Engineer’s decision shall be final and binding.

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67 2-5.3 Submittals.
2-5.3.1 General.

Add the following to the end of the first paragraph:

Promptly after the Notice to Proceed has been received by the Contractor, the Contractor shall provide to the Engineer a complete list of names and addresses of all suppliers of materials to be used on the Work.

Revise the third paragraph as follows:

The Contractor shall allow a minimum of five (5) Working Days for review of shop drawings and submittals. Each set of shop drawings or submittals shall be accompanied by a letter of transmittal and the Contractor’s certification (see description of certification below).

Add the following paragraphs after the last paragraph:

All submittals shall be submitted prior to the start of the Work unless otherwise approved by the Engineer. No work shall begin until the construction schedule has been approved by the Engineer. The Contractor shall submit for Agency review and approval shop drawings and submittals for all long lead supplies, materials, and equipment within five (5) Working Days after the Notice to Proceed letter has been issued. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within fifteen (15) Working Days of said Notice to Proceed.

No work shall begin on the respective items of work that require a submittal until the submittals for those items of work have been approved in writing by the Engineer. When submitted for the Engineer’s review, shop drawings shall include the Contractor’s certification that the Contractor has reviewed, checked, and approved the shop drawings as conforming to the requirements of the Contract Documents. The following Contractor’s certification shall appear on all submittals:

“It is hereby certified that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for review.

Certified by: ________________________________________
Printed name: ________________________________________
Title: ________________________________________
Date: ________________________________________
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68 A copy of each shop drawing and each sample as reviewed by the Engineer shall be kept in good order by the Contractor at the site and shall be available to the engineer. A review fee of two hundred dollars ($200.00) will be withheld from the Contractor’s progress payment for every re-submittal after the third time a submittal has been reviewed and rejected.

Submittals shall be mailed, emailed or delivered to the City of Vista Engineering Department listed below. Submittals by facsimile (FAX) are not acceptable.

City of Vista
Engineering Department
200 Civic Center Drive
Vista, CA 92084-6275
Email: [email protected]

2-5.3.4 Supporting Information.

Add the following items:

14) City of Vista Stormwater Management Permit and Storm Water Pollution Prevention Plan (SWPPP), if required, per Subsection 7-5 (“PERMITS.”). 15) Waste Management Plan Permit Application per Subsection 7-8 (“WORK SITE MAINTENANCE.”).
16) Noise Control Notification per Subsection 7-8.3 (“Noise Control.”). 17) Traffic Control Plans per Subsection 7-10.2.2 (“Traffic Control Plan (TCP).”). 18) Night Work Plan per Subsection 7-10.4.1.3 (“Safety for Night Work.”).

Add the following paragraphs:

Compliance certificates and weigh slips shall be provided for all fill material, aggregate base, Portland Cement Concrete, etc. The Contractor shall submit mix designs for Portland Cement Concrete to the Engineer for approval. All Portland Cement Concrete weigh slips (delivery tickets) shall include the mix design and number or the actual weights of aggregate, sand, cement and water in each truckload. In addition, the Contractor must schedule a meeting and meet with the Engineer each working day to confirm the quantities of materials shown on the weigh slips. The Engineer shall approve any admixtures prior to use. The Contractor shall submit to the Engineer a certified mill test report for each heat or size of reinforcing steel.

The Contractor shall submit the names and addresses of all suppliers of mineral construction materials, and the mine from which the materials were obtained, along with a copy of the Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098) showing that the mining operation is listed, prior to delivering any mineral construction 03/26/2024 C5 84 of 231

69 materials to the Project site. This documentation regarding the Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098) shall be made a part of every submittal required on the Project that includes mineral construction materials. Failure to identify the supplier and the mine may result in rejection of the submittal.

2-6 WORK TO BE DONE.

Add the following paragraphs:

The Contractor shall provide all necessary labor, supervision, equipment, tools, parts, materials, supplies and incidentals as necessary to provide As-Needed Concrete as per Contract documents.

The Contractor shall be responsible for all material orders ensuring all dimensions and lengths are correct for locations. New work shall be installed at the locations defined by the City for each Task Order.

The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures relating to the Work, and shall coordinate all portions of the Work under the contract, including the relations of the various trades to the progress of the Work, in accordance with these provisions.

The Contractor shall be responsible to the Agency for the acts and omissions of the Contractor’s employees, subcontractors and their agents and employees, and any other persons performing any of the Work under a Contract with the Contractor.

Any plan or method suggested to the Contractor by the Engineer but not specified or required, if adopted or followed in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City and the Engineer will assume no responsibility therefore.

Nothing in these specifications shall be interpreted to make the Contractor an agent of the Agency.

Unless otherwise provided in these specifications, the Contractor shall provide and pay for furnishing all labor, materials, equipment, tools, implements, construction equipment and machinery, methods or processes, water, heat, utilities, transportation, and other facilities, services and incidentals necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall leave the construction site in a neat, clean, and orderly condition upon completion of the Work.

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70 2-7 SUBSURFACE DATA.

Add the following paragraph:

The Contractor shall investigate the existing geotechnical (soil) conditions prior to starting work at any location where work is requested by the Agency, and shall satisfy himself as to the existing geotechnical (soil) conditions, and shall confirm that all costs to address those conditions are included in the bid prices. Upon removal of the existing surface improvements and excavation to subgrade by the Contractor, the Agency will sample existing soils for analysis of the R-value, moisture content, and compaction. Upon determination of the existing geotechnical (soil) conditions and a final street structural section, the Agency will advise the Contractor regarding addition of geogrid or adjustments to the thickness of the aggregate base and the asphalt concrete layers. Final payment for the approved street structural section will be made pursuant to the unit prices listed in the bid, based on actual quantities of the materials placed.

2-8 RIGHT-OF-WAY.

Add the following paragraphs:

It is anticipated that work performed on City’s right-of-way will not need access to private property. However, if the Contractor determines it will be necessary to work off of right-of- way, then the Contractor shall notify the City engineering project manager so that the City can obtain a written permission from the property owner to perform the work on their property.

The City’s Engineering Department shall provide notification of the agreement to the Contractor before any work outside of right-of-way is performed. The Contractor shall be responsible for all damage to personal or private property related to work performed.

The Contractor shall not allow his employees to use private property for any reason or to use water or electricity from such property without written permission from the owner. The Contractor shall provide evidence of such permission in writing to the Engineer before entering upon such lands. In performing any work or doing any activity on lands outside the public rights-of-way, the Contractor shall comply with all applicable Federal, state and local laws, ordinances, codes and regulations. The Contractor shall indemnify and hold the Agency, its officials, officers, employees, and agents free and harmless from all claims or suits for damages occasioned by such work or activity, whether done according to this subsection and with permission from the owner or in violations of this subsection without permission from the owner.

For all projects the Contractor shall be fully responsible for locating and obtaining permission to use construction storage area(s) and stockpile site(s) in addition to staging areas provided by the Agency. Where the Contractor may find it advantageous to use private property, it shall arrange for its use. The Contractor shall assume full responsibility for its 03/26/2024 C5 86 of 231

71 rental, preparation, maintenance and cleanup in a manner satisfactory to the Agency and the property owner.

2-9 SURVEYING.
2-9.1 Permanent Survey Markers.

Delete the first paragraph and replace with the following paragraphs:

2-9.1 Permanent Survey Markers. The Contractor shall notify the Engineer and the Professional Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California (“Surveyor”) performing construction staking at least five (5) Working Days before starting work to allow for the preservation of reference points, survey monuments, lot stakes (tagged), benchmarks and other survey points.

In accordance with the Professional Land Surveyors Act (State of California Business and Professions Code 8771(a), (b) and 8773.2 (as amended by California Senate Bill 1563), the Surveyor performing construction staking for the Project shall file in the Office of the County Surveyor a Corner Record form or Record of Survey prior to the completion of construction for the replacement of survey monuments. The Contractor shall not disturb survey monuments, lot stakes (tagged), or benchmarks without the consent of the Engineer, and in the case of willful or careless destruction, shall be liable for and charged with the cost of their replacement and of any expenses resulting from their unnecessary loss. Replacement shall be done only under the direction of the Engineer by a Register Land Surveyor or a Register Civil engineer authorized to practice land surveying within the State of California.

Upon submittal of all Corner Record forms or Records of Survey to the San Diego County Surveyor’s office, the Surveyor performing construction staking for the Project shall submit copies of the same records to the Agency. Upon acceptance and approval by the San Diego County Surveyor’s office, the Surveyor shall also submit Corner Record forms or Records of Survey (Mylar) copies of the same records to the Agency prior to completion of the Project.

2-9.2 Survey Service.

Delete all three paragraphs and replace with the following:

The Agency will provide all construction surveying, monument preservation and monument replacement surveying necessary to complete the Work as shown on the Plans and as provided for in the Specifications and other Contract Documents by or under the direction of a Surveyor.

The Agency reserves the right to direct additional construction survey work when the Engineer determines it to be necessary to adequately construct the Work. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. 03/26/2024 C5 87 of 231

72 The Contractor shall notify the Engineer and the Surveyor performing construction staking in writing by submitting a completed “City of Vista Engineering Construction Survey Request Instructions and Form” found in Appendices (see list of Appendices in Table of Contents on

Page 2 ends

with the laying out of any portion of the Work. The Surveyor performing construction staking for the Project shall set and station stakes for clearing limits, rough grade, sewers, storm drains, water, dry utilities, structures, finish (precise) grade, curbs, headers, base grade, pavement and other improvements. The Surveyor shall submit acceptable preconstruction survey tie notes to the Engineer for approval. A corresponding cut or fill to finish grade (or flowline) will be indicated on the Surveyor’s grade (cut) sheet. The Contractor shall be required to excavate all holes necessary for offset line and grade stakes if in excess of one-half foot (0.5’) deep.

All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where disturbed, in accordance with Section 8771 of the Professional Land Surveyor’s Act (Business & Professions Code Section 8700 et seq.), prior to Project acceptance.

2-9.4 Line and Grade.

Replace the first and second paragraphs with the following:

All work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross-sections, elevations and dimensions provided by the City.

All distances and measurements are given thereon and will be made in a horizontal plane.

Three (3) consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the Engineer. Failure to make this report shall make the Contractor responsible for any error in the finished work. Minor deviations from approved grade sheets, whenever required by the exigencies of construction, shall be determined in all cases by the Engineer and authorized in writing.

2-11 INSPECTION.

Delete the second sentence in its entirety. Add the following paragraphs to the end of this subsection:

All work which is defective and has been rejected shall be remedied, or removed and replaced and made good by the Contractor in an acceptable manner. Unsuitable materials may be rejected notwithstanding the fact that such unsuitable materials have been previously overlooked by the engineer and accepted. No additional compensation will be allowed to the 03/26/2024 C5 88 of 231

73 Contractor for the removal and replacement of remedial or defective work, or unsuitable materials.

Any work done beyond the lines and grades established by the Engineer, or any Extra Work done without written notice by the Engineer, will be considered as unauthorized work and will not be paid for. Upon order of the Engineer unauthorized work shall be remedied, removed or replaced at the Contractor’s expense.

Upon failure of the Contractor to comply promptly with any order of the Engineer made under Subsection 2-11 (“INSPECTION.”), the Agency may cause rejected or unauthorized work to be remedied, removed or replaced, and to deduct the costs from any monies due or to become due to the Contractor.

The Contractor shall notify the Agency at least twenty-four (24) hours in advance of the time required for the inspection of any Work which will be covered or which will require special inspection procedures.

INSPECTION TYPE PHONE NUMBER
City of Vista Building Inspection 760-639-6106
City of Vista Engineering Inspection 760-639-6113
City of Vista Landscape and Irrigation Inspection 760-643-5467

The Agency will pay for costs of inspection and materials testing, sufficient to verify the quality of the Contractor’s work. Any retesting of failing areas, or costs due to the Contractor’s failure to be ready for inspections requested by the Contractor, shall be paid for by the Contractor.

If the Contractor elects to work under this Contract more than eight (8) hours a day or more than forty (40) hours in a week, Saturday, Sunday or Agency holidays, unless requested by the Agency, he shall arrange with the Engineer for the required inspection service and pay the Overtime Inspection Fees which will be charged at the following rates:

NUMBER OF OVERTIME HOURS COST
4 hours or less per day $375.00
4 to 8 hours per day $750.00

When Overtime Inspection is required, the Contractor shall notify the Agency and pay inspection fees twenty-four (24) hours in advance. If the Contractor is directed by the Agency to work under this Contract more than eight (8) hours a day or more than forty (40) hours a week, the Special Inspection fee requirements will be waived.

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74 The Contractor shall notify the Engineer of the completion of the Work and the Engineer will make an inspection of the Work. The Engineer will not make the final inspection until the Work provided for and contemplated by the Contractor has been completed and the final clean up performed. The Contractor may be present at the final inspection. The Contractor will be notified in writing of any defects or deficiencies to be remedied. When notified that corrective work is completed, the Engineer will again inspect the Work and when the Engineer is satisfied that all work has been done in accordance with the Plans and Specifications, the Engineer will recommend that the Work be formally accepted.

Add the following new subsections:

2-13 SITE EXAMINATION.

2-13 SITE EXAMINATION. The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. For those work requests that will require a site visit, the Contractor shall be required to visit the work site within three (3) workdays and carefully examine the site of the proposed work to acquire a full understanding of the nature and scope of the Work specific Task Order to be accomplished.

2-14 FLOW AND ACCEPTANCE OF WATER.

2-14 FLOW AND ACCEPTANCE OF WATER. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising there from.

2-15 NOTICE OF THIRD PARTY CLAIMS.

2-15 NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contract Code Section 9201, the Agency will provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract. Contractor shall attempt to verify and resolve claims promptly.

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75 2-16 SEPARATE CONTRACTS.

2-16 SEPARATE CONTRACTS. The Agency reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.

To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents.

Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the Agency in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any.

Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any Contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer will decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The Agency shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

SECTION 3 – CHANGES IN WORK

3-1 CHANGES REQUESTED BY THE CONTRACTOR.
3-1.1 General.

Add the following to this subsection after the last sentence:

The Contractor shall give written notice of a proposed Change Order required for compliance with the Contract Documents within seven (7) Working Days of discovery of the facts giving rise to the proposed Change Order.

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76 Add the following new subsection:

3-1.3 Cost Reduction Proposal.

3-1.3 Cost Reduction Proposal. 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.

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

The Contractor shall include the following information 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 must 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 must make a decision thereon. e) The Contract items of Work affected by the proposed changes, including any quantity variation attributable thereto.

These provisions of this subsection do not require the Engineer to consider any cost reduction proposal which may be submitted hereunder; nor will the Agency be liable to the Contractor for failure to accept or act upon any cost reduction proposal the Contractor has submitted pursuant to this subsection, nor for any delays to the Work attributable to any such proposal.

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

The Contractor must 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.

If a Change Order has not been issued by the date upon which the Contractor’s cost reduction proposal specified that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal must be deemed rejected.

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77 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, such prices do not represent fair measure of the value of the work to be performed or to be deleted.

The Agency reserves the right, where it deems such action appropriate, to require the Contractor to share in the Agency’s costs of investigating the Contractor’s cost reduction proposal as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall indicate his acceptance in writing allowing the Agency to deduct amounts payable to the Contractor for any monies due or that may become due to the Contractor under the Contract.

If the Engineer accepts your cost reduction proposal in whole or in part, the Engineer will 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 acceptable to be put into effect. If the Engineer’s approval is conditional, the Change Order will include any conditions upon which the Engineer’s approval is based.

The Change Order shall also include 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 fifty percent (50%) of estimated net savings amount.

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

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.

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 said proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will 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.

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

Subject to the provisions contained herein, the Agency must 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.
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78 The Contractor must bear all costs to revise bonds for the Project to include the cost reduction incentive proposal Work.

3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General.

Add the following after the last paragraph:

Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any change resulting in a decrease or omission of any item or portion of work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.

3-2.2.2. Increases of More Than 25 Percent.

Replace the entire subsection with the following:

The Agency reserves the right to increase the quantity of bid items by any amount within the quality ranges stated in the Bid Item Description. Therefore, all bid items are exempt from the adjustment of bid item prices under this subsection.

3-2.2.3. Decreases of More Than 25 Percent.

Replace the entire subsection with the following:

The Agency reserves the right to decrease the quantity of bid items by any amount within the quality ranges stated in the Bid Item Description. Therefore, all bid items are exempt from the adjustment of bid item prices under this subsection.

3-2.4 Agreed Prices.

Add the following to this subsection after the first sentence:

Agreed prices shall be negotiated before commencement of the Work.

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79 3-3 EXTRA WORK.
3-3.1 General.

Add the following to the first paragraph:

Any Extra Work performed by the Contactor without an approved Contract Change Order from the engineer shall be at the Contractor’s risk and the Contractor shall not be entitled to payment without an approved Change Order. All Extra work shall be adjusted daily upon report sheets furnished by the Contractor, reviewed by the Engineer and signed by both parties. The daily report shall be considered thereafter as the true record of Extra Work done. New and unforeseen work will be classed as Extra Work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms.

Add the following:

The Agency reserves the right to direct the Contractor to solicit competitive Bids for Extra work. If required by the Engineer, you must obtain competitive Bids from Subcontractor acceptable to the Contractor and must deliver such Bids to the Engineer who will then determine which Bids will be accepted.

Any request by the Contractor to change the Contract Price to include the price of Extra Work must be by written notice to the Engineer and must include itemized estimates. The Contractor’s itemized estimates must detail all applicable elements of price (e.g. labor and payroll costs, quantities, crew composition, production rates, material costs, Subcontractor and Supplier costs, equipment costs, and supplemental costs).

If the Contractor’s request to change the Contract Price arises from changes in the Schedule affecting all or part of the Project, or if the Contractor seeks a change in the Contract time, the Contractor’s request must include the analysis require by Subsection 6-1 (“CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.”).

3-3.2 Payment.
3-3.2.1 General.

Replace the first sentence with the following:

3-3.2.1 General. When the cost and time for Extra Work cannot be agreed upon prior to the commencement of the Work, the Agency will pay for Extra Work based on the accumulation of costs as provided herein and grant additional time to the Contract duration. Extra Work shall be paid for under a written Change Order, approved by the Agency, in accordance with 03/26/2024 C5 95 of 231

80 the terms therein provided. Generally, payment for Extra Work will be made at the unit price or lump sum previously agreed upon between the Contractor and the Agency.

3-3.2.2.3 Tools and Equipment Rental.

Replace the second paragraph in its entirety with the following:

Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed most current listed rates found in the Caltrans Labor Surcharge and Equipment Rental Rates, which is available online at:

http://www.dot.ca.gov/hq/construc/equipmnt.html

Add the following new paragraphs:

Where the Contractor can substantiate that the rental rates prevailing locally exceed the published rate by more than fifteen percent (15%), the Contractor will be entitled to a rental rate adjustment. For equipment not listed in said publication, rental rates must not exceed listed rates prevailing locally at equipment rental agencies or distributors, at the time the Work is performed.

Whenever possible, Extra work must be accomplished using equipment available on Site or owned by the Contractor. If a specific piece of equipment must be rented to be used exclusively for the Extra Work, the rental rate will be the invoiced rate.

3-3.3 Daily Reports by Contractor.

Add the following as the first sentence:

The Contractor shall notify the Engineer at the beginning of each working day when Extra Work is in progress.

SECTION 4 – CONTROL OF MATERIALS

4-1 MATERIALS AND WORKMANSHIP.
4-1.1 General.

Replace the subsection in its entirety with the following:

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81 4-1.1 General. It is the intent of the Agency in drafting the Contract Documents to accept only first class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of work shall be in strict accordance with generally accepted standards.

Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work.

The quality of material, parts, equipment and work shall be subject to approval by the Engineer. The Engineer shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials and workmanship of a quality not conforming to the requirements of the Specifications shall be considered defective, and shall be subject to rejection. Defective work or material, whether in place or not, shall be remedied or removed and replaced by the Contractor, at its expense, and defective materials shall be removed from the Work site immediately, at the Contractor’s expense, when so directed by the Engineer.

Any work done beyond the lines shown on the Plans or established by the Engineer, or any Extra Work done without written authority, will be considered unauthorized and will not be paid for by Agency. Upon Contractor’s failure to comply promptly with any order of the Engineer made under the provisions of this Section, the Engineer shall have authority to cause such defective or unauthorized work to be remedied or removed and replaced, and to deduct the costs thereof from any monies due or to become due the Contractor. If the Work is found to be in compliance with these Specifications, the Engineer will furnish the Contractor with a certificate to that effect.

No rejected materials, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the Engineer. Upon failure of the Contractor to comply with any order of the Engineer made under the provisions of this subsection, the Engineer shall have the authority to remove and replace defective materials and to deduct the cost of removal and replacement from any monies due or to become due the Contractor.

If, during the prosecution of the work, the Contractor fails to immediately correct the defective or non-conforming work upon notice, or fails to correct the defective or non- conforming work in a manner conforming to the Contract Documents, the Engineer may order the Contractor to stop all or part of the Project. The Agency’s right to stop the Project does not give rise to any duty on the Agency’s part to stop Work for the Contractor’s benefit or the benefit of any other party. The Contractor shall bear all direct and indirect costs and damages that result from the Agency’s stop work notice.
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82 When removing asbestos products, the Contractor shall comply with the requirements of Title 8, CCR, General Industry Safety Orders and Construction Safety Orders.

4-1.1.1 Agency-furnished Materials. The Agency may provide certain items (e.g. traffic signal poles, mast arms, meter pedestals, street lights, etc.) for use by the Contractor for this Project at no cost to the Contractor as described in the Special Provisions. The Contractor shall inspect the materials / equipment prior to submitting a bid and shall satisfy himself of the suitability of the materials / equipment for use on the Project, and include all costs in the bid. The Contractor shall provide all hardware and any other materials, equipment and appurtenances necessary to use the Agency-furnished items in the Work.

Upon written request from the Contractor at least twenty-four (24) hours in advance, any materials / equipment furnished by the Agency for the Project shall be available to the Contractor to take delivery of the items during regular Public Works Department Working Hours at the Agency’s Public Works Yard at 1165 E. Taylor Street or the Agency’s Storage Yard at 2430 Lupine Hills Drive as designated by the Agency. The Contractor shall inspect the materials / equipment at time of pick-up and shall satisfy himself of the suitability and quantity of the materials / equipment for use on the Project. The Contractor shall provide loading at the Agency’s designated location, handling, transportation and delivery of the items to the Project site. The cost of handling and placing all materials / equipment after they are made available to the Contractor shall be considered as included in the Contract prices for items in connection with which they are used. No markup shall be applied to any material provided by the Agency.

The Contractor shall assume full responsibility for all Agency-furnished materials and/or equipment made available to him as soon as loading commences. Deductions will be made from any monies due to the Contractor to make good any shortages and deficiencies, from any cause whatsoever, which may occur after said materials and/or equipment have been furnished to the Contractor.

4-1.3 Inspection Requirements.
4-1.3.1 General.

Revise the first paragraph to read as follows:

4-1.3.1 General. Unless otherwise specified in these Specifications, inspection may be required at the source for such typical materials and fabricated items including, but not limited to, bituminous paving mixtures, structural concrete, precast concrete, street lighting poles, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, plastic liner, fiberglass tanks, plastic liner pipe, and similar shop or plant operations.
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83 Revise third sentence of the second paragraph to read as follows:

Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source.

4-1.4 Test of Materials.

Add the following paragraphs:

Geotechnical (soil) testing of fill materials, subgrade, subbase, and base will be conducted by the Agency and the Geotechnical Engineer. Geotechnical (soil) tests may include relative compaction tests, sand equivalents tests, sieve analysis, R-values, etc. The results shall be presented directly by the laboratory to the Engineer. No base, concrete or pavement shall be placed before the subgrade, subbase, base and fill have been compacted, tested and approved. The cost of any initial geotechnical (soil) test shall be borne by the Agency.

Additional geotechnical (soil) tests necessitated by a failure of one (1) or more of the initial tests shall be made by the laboratory at the expense of the Contractor. The Contractor shall make allowances in his construction procedure to permit testing of the Work in progress by the Engineer and no additional compensation shall be paid to the Contractor for delays due to testing.

Testing of any cast-in-place structure or concrete surface improvement will be conducted by the Agency. Concrete tests may include slump tests, air content, and compressive strength.

Any results shall be presented directly by the laboratory to the Engineer. The cost of any initial concrete test shall be borne by the Agency. Additional concrete tests necessitated by a failure of one (1) or more of the initial tests shall be made by the laboratory at the expense of the Contractor. The Contractor shall make allowances in his construction procedure to permit testing of the Work in progress by the Engineer and no additional compensation shall be paid to the Contractor for delays due to testing.

The Contractor shall maintain and secure all material samples on the Project site, available to the Engineer for inspection and evaluation during normal working hours.

All packaged, manufactured products / materials for use on the Work shall be delivered to the Project site in their original unopened containers, bearing thereon the manufacturer’s name and the brand name of the product.

Wherever any product / material is selected to be used on the Work, all such products or materials shall be of the same brand and manufacturer throughout the Work.

All products / materials shall be stored in such a manner that they will be completely protected from weather damage.
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84 The Contractor shall pay for all failing tests that the Contractor or the Agency’s representative request in conformance with the referenced specifications or as enumerated in the supplementary provisions.

4-1.6 Trade Names or Equals:

Add the following paragraphs:

In accordance with the provisions of Section 3400 of the California Public Contract Code, the Contractor shall be provided a period of not less than seven (7) Working Days after award of the Contract for submission of data substantiating a request for a substitution of an "equal" item. Data submitted after this time period may be rejected by the Agency.

The Contractor shall substantiate his offer for use of substitute materials, processes, or equipment, which he considers to be equivalent to that indicated, by submitting three (3) copies of a package of description, information, and performance data, showing the equality of the offered item, and such other necessary or related information as may be required by the Engineer (including, but not limited to, complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute). The burden of proof as to the comparative quality and suitability of alternative material, process, or equipment shall be the Contractor’s responsibility.

Independent testing or evaluation at qualified test facilities, including destructive testing, may be required as a condition of acceptance. Life cycle costs of the substitute items must be equivalent to those of the items indicated. The Engineer may require the Contractor to furnish a special performance warranty or other surety with respect to any proposed substitute. The Engineer shall be the sole judge as to the comparative quality and suitability of the substitute items, and the Engineer’s decision shall be final.

The Contractor’s offer of the substitute items shall contain the following statements and/or information that shall be considered by the Engineer in evaluating the proposed substitution:

1. A statement that the evaluation, and acceptance or rejection of the proposed substitute, will not prejudice the Contractor’s completion of the Project in the specified time.

2. A statement as to whether or not acceptance of the proposed substitute will require a change in the Contract Documents.

3. A list identifying all variations of the proposed substitute from that specified.

4. A description of available maintenance, repair, and replacement service.

5. An itemized estimate of all costs or credits that will result directly or indirectly from acceptance of the proposed substitute, including redesign and claims from others.

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85 Add the following new subsections:

4-1.10 Removal of Interfering Obstructions.

The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under other various items of work.

4-1.11 Procedure in Case of Damage to Public Property.

Any portions of curb, gutter, sidewalk or any other City improvement not identified for removal but damaged by the Contractor during the course of construction shall be replaced by the Contractor at the Contractor’s own cost, at no additional charge to the Agency. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the BID SCHEDULE and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during construction operations), shall be paid to the Contractor at the unit prices submitted in the Bid.

SECTION 5 – UTILITIES

5-1 LOCATION.

Revise the third paragraph of this subsection to read as follows:

At least two (2) Working Days (48 hours minimum), but not more than fourteen (14) days, prior to any potholing or excavating, the Contractor shall contact Underground Service Alert of Southern California at 811, 800-227-2600 or 800-422-4133 for a Dig Alert I.D. Number and shall ensure that all existing underground utilities have been marked by their owners prior to any potholing or excavating. Section 4216 / 4217 of the Government Code requires a Dig Alert I.D. Number to be issued before a “Permit to Excavate” will be valid.

Revise the fourth paragraph of this subsection to read as follows:

Caltrans and certain other agencies are not required to become a member of Underground Service Alert of Southern California. The Contractor shall contact Caltrans and other non- 03/26/2024 C5 101 of 231

86 member agencies such as railroads, federal government and regional flood control districts for the location of their subsurface installations.

Revise the fifth paragraph of this subsection to read as follows:

Unless specified otherwise as previously potholed, elevations shown on the Plans for existing utilities are based on a search of record information available during the design only and are solely for the Contractor’s convenience. The Agency does not warrant the accuracy of the completeness of the location, elevation or type of existing utilities and substructures shown on the Plans. The Contractor shall pothole (or by other suitable methods) and determine the location and depth of all utilities marked by their owners, and of all service connections and laterals, which may affect or be affected by the Contractor’s operations. The Contractor shall provide all survey necessary to locate the proposed alignment for potholing purposes. Said potholing shall be done ahead of trench excavation and pipe laying such that the information on horizontal location and depth, in the form of a tabulated pothole report with utility type, stations, top of pipe elevation, and clearance from proposed facility profile, shall be given to the Engineer at least fourteen (14) Working Days ahead of trench excavation or other construction but not greater than thirty (30) Working Days ahead of construction in that area.

The Contractor shall pothole all underground utilities which are shown on the Plans, or marked in the field by utility owners, as being within five feet (5’) horizontal distance from the edge of any planned Project sewer main or lateral, water main or service, storm drain, electrical conduit, gas main, telephone and cable TV conduit, fiber optic conduit or irrigation conduit alignment, and which are within the trench excavation section or above the planned Project facility. The potholes shall be at all crossings of each utility and at one hundred foot (100’) intervals along each parallel utility. The Contractor shall refill these potholes immediately after establishing those locations. The refilling shall conform to the relative compaction requirements for trenches. In the event obstructions not shown on the Plans are encountered during the progress of the Work which will require alterations to the Plans, or if potholing indicates utilities are located other than as shown on the Plans, the Engineer shall change the Plans and order the necessary deviation from the Project planned line and grade. The Contractor shall not make any deviation from the specified line and grade without approval by the Engineer. Should any deviations in the line and grade be permitted by the Engineer at the request of the Contractor, any additional costs for thrust blocks, valves, concrete, or other additional costs shall be borne by the Contractor. Full compensation for such work shall be considered as included in the prices bid for other items of work. No extension of time or additional compensation will be made for delays caused by failure of the Contractor to complete necessary potholing in a timely manner. The Contractor shall bear the cost of repairing or replacing any existing facility damaged by his potholing work, and shall have affected services back in operation within four (4) hours of interruption.

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87 Add the following new subsection to read as follows:

5-1.1 Payment. The lump sum price for Utility Potholing in the BID SCHEDULE shall include all labor, materials, and equipment necessary to perform the work and document the results, and no additional compensation will be allowed. If no bid item is shown in the BID SCHEDULE the payment is considered to be included in the prices bid for various related items of the Work.

5-2 PROTECTION.

Revise the second paragraph to read:

The Contractor shall furnish and place the necessary protection at its expense to ensure support of utilities located as shown on the Plans or in accordance with 5-1. Any damage to a utility shall be repaired by the Contractor to the satisfaction of the organization owning the facility at no additional cost to the Agency. The Agency reserves the right, if so requested by the utility owner, to permit the utility owner to repair such damage, and all expenses of whatever nature arising from such damage shall be borne by the Contractor.

Revise the third paragraph to read:

Upon learning of the existence and location of any underground utility main structures omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer and utility owner in writing. When authorized by the Engineer, support or protection of the utility main substructure will be paid for as provided in Subsection 3-2 or 3-3.

Add the following paragraph to this subsection:

During construction of the Work, some of the existing utilities may fall within the prism of trenches. If the existing utility does fall within the Contractor’s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner’s requirements. The cost to support and protect existing utilities shall be included in the various bid items and no additional compensation shall be allowed. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities.

03/26/2024 C5 103 of 231

88 5-4 RELOCATION.

Revise the third and fourth paragraphs to read:

Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.

When existing improvements are removed, the Contractor shall make the area safe for pedestrians, cyclists and motorists, and shall proceed with construction of new improvements without delay.

If dogs or other animals are present on an adjacent private property, prior to removing any existing fence, the Contractor shall make arrangements with the property owner to keep their animals safe, or install temporary fencing of sufficient strength and durability to contain the animals until such time as the fence can be replaced. Providing, installing and removal of temporary fencing shall be considered incidental and shall be included in the bid price for the installation of new concrete work.

All water valve covers and meter boxes owned by VID; CP Test Station covers; electrical utility vaults and transformers; gas utility valve covers; telecommunication vaults, manholes and risers; and other surface and subsurface structures, not owned by the City of Vista, or required in the Plans or Specifications to be relocated or adjusted to grade “By Others”, shall be relocated or adjusted to grade by the owner of the respective utility. The Contractor shall notify each utility owner a minimum of two (2) Working Days before commencing the Work near their facilities.

Revise the fifth paragraph to read:

The utility owner will alter or relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. For sewer and water services, the Contractor shall arrange for the alteration or relocation of service connections as necessary between the sewer main or the water meter and property line, or between the sewer main or the water meter and the limits of temporary construction or slope easements. In all cases of alteration or relocation of service connections, the Contractor shall notify residences being affected a minimum of four (4) hours prior to said alteration or relocation, and service connections shall be returned to service in no more than four (4) hours. Payment for the alteration or relocation of sewer or water service connections shall be as shown in the Bid Schedule. If no item is included in the Bid for this work, the cost of this relocation shall be included in the Bid for the items of Work necessitating such relocation. Payment for the relocation of other utility service connections, when directed by the Engineer, shall be in accordance with 3-2 or 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to 03/26/2024 C5 104 of 231

89 disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement.

5-6 COOPERATION.

Add the following paragraphs to this Subsection:

The Contractor shall coordinate and cooperate with the City and other contractors as necessary. The City reserves the right to perform any type of work within the limits of this Contract.

Revise the first paragraph to read:

The Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. The Agency has initiated communication with the appropriate utility companies that provide for the various service connections or utility relocations and adjustments as noted on the Plans. The responsibility for coordination with utility companies will be transferred to the Contractor with the Notice to Proceed and the Contractor shall assume the responsibility for all further coordination with the utility company. The Contractor shall be responsible for maintaining contact with the utility company representatives and providing necessary effort in scheduling utility work so that delays in overall construction schedule are avoided and utility services are in place for connection upon completion of Contract construction.

Add the following paragraphs to this Subsection:

The Contractor shall be responsible for coordinating with utility companies and other public service agencies, as necessary, to assure timely relocation or adjustment of franchise utilities and other facilities within the specified Contract completion time. The Contractor shall schedule his work to accommodate the adjustments, relocations and / or replacements, to avoid interference with the Contractor's work. The Contractor is required to contact the following organizations (as appropriate for the Project) prior to the start of the Work for updates to the status of the utility work, and for details regarding their respective schedules and requirements (i.e. inspections, etc.).

03/26/2024 C5 105 of 231

90 COMPANY UTILITY CONTACT TELEPHONE EMAIL
Vista Sanitation District Sewer Ken Knatz 760-643-5416 [email protected] Buena Sanitation District Sewer Ken Knatz 760-643-5416 [email protected] City of Vista Well Water
City of Vista Storm Drain Chris Arce 760-643-5459 [email protected] City of Vista Traffic Signal Chris Arce 760-643-5459 [email protected] City of Vista Street Lights Chris Arce 760-643-5459 [email protected] City of Vista Fiber Optic Communication Chris Arce 760-643-5459 [email protected] Vista Irrigation District Water Paul Dupree 760-597-3157 [email protected] City of Oceanside Utilities Water and Sewer Cari Dale [email protected] City of Oceanside Utilities Contracts John McKelvey [email protected] Vallecitos Water District Water and Sewer Lee Kirby 760-744-0460 [email protected] SDG&E Electric Keenon Holmes 858-654-8602 [email protected] SDG&E Gas Vincent Vargas 619-214-2961 [email protected]
SDG&E Street Lights Nicole Brodbeck 858-636-6832 [email protected] AT&T Tele Communications Kristy McClaskey 760-489-3115 [email protected] Cox Communications Tele Communications Debra Capter 619-266-5217 [email protected] Charter Communications Tele Communications Peter Crampton 619-207-7513 [email protected] Crown Castle Tele Communications Andrew Armstrong 760-613-4671 [email protected] NCTD Bus / Railroad Ruth Mbah 760-967-2834 [email protected] NCTD Bus / Railroad ALT Dept. Email [email protected]

The Contractor shall contact the organizations at the beginning of the Project, obtain information on their requirements, provide them a construction schedule that meets their requirements, update the construction schedule on a weekly basis, meet with the company representatives, provide an adequate construction window and a clear area for them to work, document meetings and coordination efforts, provide copies of all correspondence and other documentation to the Agency on a weekly basis, and perform all other necessary coordination work to the satisfaction of the organizations and the Engineer. Notifications by the Contractor shall be in writing, with proof of receipt. Copies of each notification and proof of receipt shall be submitted to the Engineer.

SECTION 6 – PROSECTUTION, PROGRESS,

AND ACCEPTANCE OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.1 Construction Schedule.

Delete this section in its entirety and replace with the following:

6-1.1 Construction Schedule. Within five (5) Working Days after issuance of specific Task Order, or at the Pre-Construction Meeting, and prior to the commencement of work, the Contractor shall submit its proposed construction schedule to the Engineer using a scheduling program (e.g. Microsoft Project, Oracle’s Primavera or other approved equal program capable of producing the required information). The construction schedule shall be in the form of a 03/26/2024 C5 106 of 231

91 tabulation, bar or Gantt chart, or graph satisfactory to the Engineer, and in sufficient detail to show chronological relationship of all activities on the Project. Said activities include, but are not limited to, estimated start and finish dates of all tasks that make up each bid item, submittal of shop drawings to the Engineer for approval, procurement of materials, and scheduling of equipment. Along with the construction schedule, the Contractor shall submit a cash-flow projection showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the construction schedule.

For as-needed construction services under this Contract, the Contractor shall submit Work specific construction schedule included with Work specific proposal per each Task Order request from the City and before the issuance of Work specific purchase order by the City. The City will review such Work specific proposal and schedule and will require the Contractor to modify and resubmit, if necessary.

The Contractor shall schedule and stage the Work on all streets to cause the least possible inconvenience to vehicular traffic (including busses and trash vehicles), bicyclists, pedestrians, adjacent businesses, local residences and schools.

The construction schedule shall reflect all Contract requirements, and shall reflect completion of all work under the contract, including Punchlist items, in the specified time and in accordance with the Project Specifications and Plans.

By way of the Contractor assigning activity durations and proposing the sequence of the work, the Contractor hereby agrees to utilize sufficient and necessary management and other resources to perform the work in accordance with the construction schedule.

If the Contractor desires to make a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress of the Work for any reason, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning revised operations. In the event that an action either by the Agency or the Contractor results in a delay to the schedule, it is beneficial if the parameters pertaining to that action are recorded as they happen.

Delete this section in its entirety and replace with the following:

6-1.2 Commencement of the Work.

6-1.2 Commencement of the Work. The Contractor’s official notification is the approved Work specific purchase order issued for each Task Order, outlining setup location, materials, procedures and quantities required. After receipt of the purchase order, the Contractor shall confirm the acceptance of Task Order within 48-hours and begin work within three (3) working 03/26/2024 C5 107 of 231

92 days. The Contractor may, at the time of notification, request additional time to respond.

Approval of additional response time will be decided by the City on a case-by-case basis.

Add the following new subsection:

6-1.2.1 Urgent Response/Mobilization.

6-1.2.1 Urgent Response/Mobilization. When the City designates a specific Work as urgent, the Contractor’s representative will be contacted by phone as soon as need is known.

Upon explanation of expected needs, the Contractor shall confirm within two (2) hours if they can respond and shall be on-site within twenty-four (24) hours after Contractor confirmation.

The Contractor will be paid additional $500 per event if an urgent response is requested and the contractor can be on-site within twenty-four (24) hours.

Add the following new subsection:

6-1.3 Pre-Construction Meeting. A Pre-Construction Meeting shall be scheduled after the issuance of Work specific Task Order and prior to Start of construction. The Contractor (Principal and Project Superintendent) and any subcontractor for five percent (5%) or more of the work shall attend and be prepared to provide or discuss the following information:

a) Construction schedule
b) Subcontractors
c) City of Vista Stormwater Permit and Storm Water Pollution Prevention Plan (SWPPP), if required
d) Traffic Control Plans
e) Survey requirements
f) Materials and delivery schedule
g) Local phone numbers for supervisory personnel
h) List of Emergency phone numbers (see Subsection 7-17 of these Specifications) i) Required permits
j) Coordination with other agencies

The Construction Schedule to be provided shall be as described in Subsection 6-1.1 (“Construction Schedule.”) of these Supplementary General Provisions.

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93 Add the following new subsection:

6-2.1 Proposal Timeframe

6-2.1 Proposal Timeframe. For the AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS CIP No. 8361, The contractor shall submit all individual proposals for each task order within five (5) working days of a request for proposal.

6-3 SUSPENSION OF THE WORK.
6-3.1 General.

Replace this subsection in its entirety with the following:

6-3.1 General. The Engineer shall have the authority to suspend the Work, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions (including an act of God or Force Majeure) as are considered unfavorable for the suitable prosecution of the Work, or for such time as the Engineer may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work. The Contractor shall immediately comply with the written order of the Engineer to suspend the Work wholly or in part and shall not resume the Work until ordered to do so in writing by the Engineer. Such suspension shall be without liability to the Contractor on the part of the City except as otherwise specified in Subsection 6-6.3 (“Payment for Delays.”).

In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work, such suspension of work shall not relieve the Contractor of his responsibility to complete the Work within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of work shall not entitle the Contractor to any additional compensation.

If the work is suspended or otherwise not continuously prosecuted for any cause whatsoever, within or without the time for completion, the Contractor shall, at his sole cost and expense, remove and replace all or any portion of the work already completed and inspected which Agency, at its sole discretion, could have been damaged during the suspension of work.

6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.2 Extension of Time.

Add the following paragraph to the end of this subsection:

Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole shall not warrant 03/26/2024 C5 109 of 231

94 an extension of time. Daily charges for time extensions or delays from other causes shall be limited to negotiated amounts, or if no amounts are agreed upon, shall not exceed those charges documented to Agency’s satisfaction for additional labor and material costs associated with the delay, and an amount not exceeding 10% thereof for overhead and profit.

6-6.4 Written Notice and Report.

Replace the paragraph in this subsection with the following:

6-6.4 Written Notice and Report. If the Contractor desires payment for a delay as specified in Subsection 6-6.3 (“Payment for Delays.”), or an extension of time, it shall file with the Agency a written request and report of cause within ten (10) Working Days after the beginning of the event or occurrence giving rise to the delay. The written notice shall include a statement or estimate of the time extension or compensation being requested, documents supporting the request, including but not limited to evidence of all facts supporting the alleged claim and a current schedule showing the impact of the event or occurrence on the critical path. The request for payment or extension must be made at least fifteen (15) Working Days before the specified completion date. Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the Agency to consider such request.

By submitting a request for compensation or time extension, the Contractor agrees to make all books and records, including original bid estimates, subcontracts, daily reports, and correspondence, available to the Agency for review. The Contractor also agrees to include this requirement in all subcontracts.

6-7 TIME OF COMPLETION.
6-7.1 General.

Delete the paragraph in this subsection and replace with the following:

6-7.1 General. The Contractor shall complete all portions of the Work, including Punchlist items, in accordance with the terms and conditions of the Contract Documents. The Contractor shall provide a continuous operation once work has commenced for each Task order, with the exception of interruptions caused by weather or delays authorized by the City Engineer or designee. The Contractor shall provide sufficient equipment and personnel to complete then work within the timeframe specified. Performing maintenance or repairs to the Contractor’s equipment re re-fueling equipment shall not cause interruptions. The Contractor must work diligently to complete all Punchlist items within five (5) Working Days after the Engineer provides the Punchlist.

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95 6-7.2 Not Used.

Replace this subsection with the following:

6-7.2 Working Days / Hours.

6-7.2 Working Days / Hours. Unless otherwise specified, the Contractor’s activities shall be confined to normal working hours between 7:00AM and 5:00PM, Monday through Friday.

Lane closures will be confined to the hours between 8:30AM and 3:30PM, Monday through Friday.

No work shall be done on Saturdays, Sundays, or holidays without authorization by the Engineer. Deviation from these working days and hours will not be permitted without the prior consent of the Engineer except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation during non-Working Days / Hours, overtime inspection fees will be charged against the Contractor. The overtime inspection fees will be calculated at overtime rates and will be deducted from any amounts due the Contractor.

Other conditions such as pedestrian access and the presence of schools or other special traffic and pedestrian generating facilities may affect the working hours.

6-8 COMPLETION, ACCEPTANCE, AND WARRANTY.

6-8.3 Warranty.

Replace the first paragraph in its entirety with the following:

The Work shall be warranted by the Contractor against defective materials and workmanship for a period of one (1) year.

a) The warranty period for installed fiber optic cable shall be two (2) years. b) The warranty period for the Work under Section 500 must be at least three (3) years. c) The warranty period for LED signal modules requires at least three (3) years of manufacturer’s warranty.
d) The warranty period for LED luminaires requires at least ten (10) years of manufacturer’s warranty. Provide documentation verifying that the LED luminaire model(s) being offered for the Project are covered by the ten-year warranty.

The warranty period shall begin when the Work is accepted as complete by the Agency after the Notice of Completion has been recorded at the County Recorder’s Office.

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96 Replace the last paragraph with the following:

If at any time during the warranty period, or during the extended warranty period specified, the Engineer finds the Work, or any part of the Work, to be defective or not in conformance with the plans and specifications, whether or not manufactured, fabricated, installed, completed or overlooked and accepted by the Engineer, the Contractor must, in accordance with the Engineer’s written instructions and within the specified time limits, either correct the defective or non-conforming Work, or, if it has been rejected by the Engineer, remove it from the Site and replace it with non-defective and conforming Work.

The Engineer may determine in its sole discretion to accept defective work in lieu of requiring the Contractor to correct or remove and replace the defective work. However, the Contractor must bear all direct and indirect costs of the defective work, and the diminished value to the Project, as determined by the Engineer. If the Engineer’s acceptance of defective work occurs prior to Final Payment, the Engineer will issue a Change Order incorporating the necessary revisions in the Contract Documents with respect to the defective work and affording the Agency the appropriate decrease in the Contract Price.

If the Contractor fails to correct, remove, or replace defective work or non-conforming work within five (5) Working Days from the date of written notice from the Engineer, the Engineer may proceed expeditiously with any correction undertaken in accordance with this section.

The Agency may remedy after five (5) Working Days from the date of written notice when the Contractor fails to correct the Work in accordance with the Contract Documents, or when he fails to comply with any other provision of the Contract Documents. If, in the opinion of the Agency, the non-conforming work or defective work creates a dangerous condition or requires immediate attention or correction to prevent further loss to the Agency or any other party, or to prevent interruption of operation of any Agency service or any service of any other party, The Agency will attempt to give notice required by this paragraph. If the contractor cannot be contacted or does not comply with the Agency’s request for correction within a reasonable time determined by the Agency, then the Agency or other party may proceed to provide attention or make required corrections, and the cost of all correction or attention shall be charged to and paid for by the Contractor. The Agency may remedy immediately in the event of an emergency.

When undertaking remedial action under this section, the City may: exclude the Contractor from all or part of the Site; take possession of all or part of the Work, and suspend the Contractor’s Work and or Services; and incorporate into the Project all materials and equipment stored at the Site or for which the City has paid but the Contractor has stored elsewhere.

The City will not allow an extension of the Contract Time or milestones because of any delay in the performance of the Project attributable to the City’s undertaking remedial action to correct Defective Work.

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97 If the Contractor completes the Project or portions of the Project prior to the Notice of completion (NOC), he must preserve equipment by developing and implementing a preventive maintenance program in compliance with manufacturer's recommendations.

The Contractor must pay for any claims, costs, losses, and damages incurred by the Agency in remedying any deficiency (e.g., all costs of repair or replacement of Defective Work and all costs of repair of any other Work on the Project destroyed or damaged by correction, removal, or replacement of your Defective Work).

Add the following paragraphs to the end of this subsection:

Replacement of earthfill or backfill, where it has settled below the required finish surfaces, shall be considered part of repairs of defective work, and any repair of surfacing constructed by the Contractor, which becomes necessary because of settlement or ground movement, shall be likewise considered part of such repair work

Any existing improvements which are damaged by the Contractor’s operations, or any new work, including concrete, which is cracked, chipped, discolored, improperly finished, heaved, vandalized, or for any other reason does not conform to the specifications, shall be replaced by the Contractor at no additional cost to the Agency.

The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials. Further, the certificate of final payment shall not terminate the Contractor’s obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any work done in accordance with any alterations of the same, shall release the Agency, the Agency’s Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof.

No materials, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement or supplier. The Contractor warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the Work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, and further agrees that neither the Contractor nor any person, firm or corporation furnishing any material or labor for any work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any 03/26/2024 C5 113 of 231

98 bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Agency. The provisions of this article shall be inserted in all subcontracts and material contracts, and notices of its provisions shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials.

With respect to all warranties, express or implied, from Subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Contract, the Contractor shall:

a) Obtain for Agency all warranties that would be given in normal commercial practice; b) Require all warranties to be executed, in writing, for the benefit of the Agency or other parties; and
c) Enforce all warranties for the benefit of the Agency or other parties, unless otherwise authorized in writing by the Agency.

This subsection shall not limit the Agency’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The Agency specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.

SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR

7-1 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
7-1.1 General.

Replace the second paragraph with the following paragraph:

The Contractor shall provide his own sanitary accommodations, including enclosed portable toilets and hand washing stations, for the convenience of the workers on the Project.

The accommodations shall be regularly maintained by a company that specializes in providing and maintaining those facilities. The Contractor shall ensure that all workers on the Project, including those of subcontractors, use the Contractor’s accommodations and do not use any public or private facilities while working on the Project.

Add the following paragraphs:

The Contractor must furnish adequate equipment to properly perform the Work in a workmanlike manner. Such equipment must be in good state of repair and maintained in such state during the progress of the Work. No worn or obsolete equipment shall be used, and in no case shall the maker’s rating of capacity for any equipment be exceeded. Equipment not 03/26/2024 C5 114 of 231

99 suitable to produce the quality or work required for this Project will not be permitted to operate.

Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

All construction equipment, stationary or mobile, shall be equipped with properly operated and maintained muffler exhaust systems. Stockpiling in vehicle staging area shall be located as far as practical from occupied dwelling units and shall be subject to approval by the Engineer.

Full compensation for conforming to the requirements of this provision shall be considered as included in the Contract price paid for various items of work and no additional compensation will be allowed therefore.

7-1.2 Temporary Utility Services.

Add the following to this subsection:

The Contractor shall contact Vista Irrigation District (VID) to obtain a construction water meter and determine all terms, costs, conditions and regulations imposed on the Contractor for use thereof. Contractor will be required to pay for usage of water through construction water meter.

7-1.4 Emissions Near K-12 Schools.

Add the following new subsection:

7-1.4 Emissions Near K-12 Schools. The Contractor must notify the Agency twenty-five (25) Working Days in advance of when striping activities or operation of a portable emission unit will occur one thousand feet (1,000’) of any K-12 school (public or private) so that applicable public and student notification can occur. The Contractor shall provide notification to the schools affected.

7-2 LABOR.

7-2.1 General.

Add the following paragraphs to this subsection:

No contractor or subcontractor of any tier may be awarded a Contract for public work on a public works project or work on a public works project without proof of registration with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 03/26/2024 C5 115 of 231

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Registrations under Section 1725.5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be cause for any extension of time or additional compensation of any nature under the Contract.

In accordance with the requirements of Section 1771.1(j) of the Labor Code, the Agency will observe and enforce any Stop Order issued by the Labor Commissioner where a contractor or subcontractor engages in the performance of any public work Contract without having been registered in violation of the requirements of Section 1725.5 or this section, and will not allow the unregistered contractor or the unregistered subcontractor to work on any public works until the unregistered contractor or unregistered subcontractor is registered.

In accordance with the provisions of Section 1771.4(a)(1) of the California Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

In accordance with the provisions of Section 1771.4(a)(2) of the California Labor Code, the prime contractor shall post job site notices, as prescribed by regulation.

7-2.2 Prevailing Wages.

Replace the subsection with the following paragraphs:

Pursuant to the Vista City Charter and the Vista Municipal Code, payment of prevailing wages and compliance with the California Labor Code Sections 1770 et seq is required for this Project.

State prevailing rates of wages and classifications, as applicable to this contract, are ascertained and adopted by the State of California, Director of Industrial Relations (DIR) pursuant to California Labor Code Article 2 of Chapter 1 of Part 7 of Division 2, as amended, which is made a part herein, and the provisions of Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Certified payroll on an approved compliance format is required for all work under this Contract.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the Work is to be done have been determined by the Director of 03/26/2024 C5 116 of 231

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the California Department of Industrial Relations (DIR). These wages are set forth in the General Prevailing Wage Rates for this Project, available at the California Department of Industrial Relations’ (DIR) Internet URL website link at:

http://www.dir.ca.gov/DLSR/PWD

When the Contractor intends to use a craft or classification not shown in the wage provisions, it will be required to pay the wage rate of that craft or classification most closely related to that craft or classification as shown on the wage provisions. In case of disagreement between the Contractor and the Agency, the Engineer shall decide the prevailing wages for the labor.

The Contractor shall comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.

The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor.

Add the following new subsection:

7-2.2.1 Apprentices.

Attention is directed to the provisions of Section 1777.5 and 1777.6 of the labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him/her. The Contractor and any Subcontractor under him/her shall comply with the requirements of said sections in the employment of apprentices.

The Agency will provide notice to the Department of Industrial Relations of any public works Contract using the online PWC-100 form. The online PWC-100 form is also transmitted to the Department of Apprenticeship Standards (DAS) to inform them of the award of a contract. The Contractor and each subcontractor shall also submit a “Public Works Contract Award Information” form (DAS form 140) to inform all applicable apprenticeship committees of the award of a contract. The Contractor and each subcontractor shall provide written evidence to the Agency that the request for dispatch of apprentices to the training agencies has been completed using the DAS 142 form. Contributions to a training fund, or the California Apprenticeship Council, for every worker on the job, are required.

The Contractor and all subcontractors shall submit to the Agency copies of the “Public Works Contract Award Information” forms (DAS form 140) and all requests for dispatch of 03/26/2024 C5 117 of 231

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apprentices on the DAS 142 form. These DAS forms are available from the California Department of Industrial Relations’ (DIR) Division of Apprenticeship Standards website link at:

http://www.dir.ca.gov/DAS/das.html

The Contractor is not required to use apprentices on projects under thirty thousand Dollars ($30,000).

7-2.3 Payroll Records.

Add the following after the first sentence:

In accordance with the requirements of the California Prevailing Wage Laws, Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the work. The payroll records shall be certified and submitted to the DIR electronically in accordance with the California Prevailing Wage Laws. Contractor shall be subject to, and fully comply with, all California Prevailing Wage Laws, including, but not limited to, those pertaining to the maintenance and inspection of certified payroll records. Copies of the record of wages paid shall be certified by the Contractor and submitted to the DIR with each progress payment request. In the event of noncompliance with the requirements of this section for payroll records, and upon the request of the DIR, contractor penalties shall be withheld from Contract payments.

7-3 LIABILITY INSURANCE.

Delete this section in its entirety and replace with the following:

The Contractor shall procure and maintain for the duration of the Contract, and for one (1) year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

Without limiting the Contractor's indemnification, it is agreed that the Contractor shall maintain in force at all times the following policy, or policies, of insurance covering its operations:

(a) Commercial General Liability (CGL) -- Insurance Work Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than 03/26/2024 C5 118 of 231

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$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

(b) Automobile Liability -- Insurance Work Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. Any and all mobile equipment, including cranes, which are not covered under Automobile Liability, shall have said coverage provided for under Comprehensive General Liability policy.

If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Any deductibles or self-insured retentions must be declared to and approved by the City.

At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Certificates of insurance and a complete copy of the insurance policies evidencing the coverages required by the clauses set forth above shall be filed with the Agency prior to the effective date of this Agreement. This is a condition precedent to the formation of any obligation by the Agency to compensate the Contractor under this Agreement.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
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Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such Projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective date, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII, unless otherwise approved by the City.

Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract.

All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
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Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Contractor agrees to assist in every manner possible in the reporting and investigation of any accident and, upon request, to cooperate with all interested insurance carriers in the handling of any claim by securing and giving evidence and obtaining the attendance of witnesses as required for the resolution of any claim or lawsuit.

Nothing contained in these insurance requirements is to be construed as limiting the type, quality or quantity of insurance that the Contractor should maintain, or the extent of the Contractor's responsibility or liability for payment of damages resulting for the Contractor's operations under the contract. The carrying of the insurance specified herein shall not be construed to be a limitation of liability on the part of the Contractor or as a matter of law.

Add the following new subsection:

7-3.1 Failure to Procure Insurance.

Failure to Procure Insurance. Contractor’s failure to procure or maintain required insurance program shall constitute a material breach of Contract under which the Agency may immediately terminate the Contract or, at its discretion, procure or renew such insurance to protect the Agency’s interests and pay any and all premiums in connection herewith, and recover all monies so paid from Contractor, or deduct all monies so paid from payments due Contractor.

7-5 PERMITS.

Add the following paragraphs:

The issuance of a permit based on Plans, specifications, and other data shall not prevent the Agency from ordering correction of errors in said Plans, specifications, or other data, or from preventing construction operations being carried on hereunder when in violation of any law, code or ordinance.

The Contractor shall submit to the Engineer for review and approval a completed City of Vista Storm Water Management Permit application (see Appendices or contact the Agency for forms and instructions). As part of the permit application, the Contractor must submit a Storm Water Pollution Prevention Plan (SWPPP) (if required) to the Engineer for review and 03/26/2024 C5 121 of 231

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acceptance as required by the Regional Water Quality Control Board. The Contractor shall comply with all provisions of the permit throughout the course of the Work. The permit must be approved by the Engineer prior to starting work. The Contractor shall include all costs for obtaining and complying with the requirements of the permit in the various items of work, and no additional compensation will be paid. Further, the enforcement of any requirements of the permits required during the performance of the Contract work shall not be made the basis for additional compensation.

If the Contractor is required to obtain permit(s) from other agency (agencies) to complete the Work in accordance with the Drawings and Project Specifications, the Agency will compensate the Contractor for the actual cost of the permit fee unless otherwise specified that the Contractor is responsible to pay the fee. The Contractor shall include all other costs associated with obtaining permits in various bid items for which the permit is required, and no additional compensation will be paid.

Add the following new subsections:

7-5.1 City of Vista Business License.

7-5.1 City of Vista Business License. A City of Vista Business License is required of the Contractor and all his/her Subcontractors prior to execution of the Contract. A fee will be charged for any new Business Licenses or renewal of any expired Business Licenses.

7-5.2 City of Vista No-Fee Construction Permit.

7-5.2 City of Vista No-Fee Construction Permit. After execution of the Contract and prior to beginning work for any Task Order, the Contractor shall apply for and obtain a no-fee Construction Permit from the Agency. Prior to applying for the permit, the Contractor shall first submit the following documents to the Engineer with proof that the policies / licenses are current:

1] Contractor’s License of appropriate classification.

2] City of Vista Business License [see Subsection 7-5.1 (“City of Vista Business License.”)]

3] General Liability Insurance Certificate. The Certificate shall be issued with the Agency listed as the Certificate Holder. The Agency shall also be listed as an additional insured. See the Supplementary General Provisions for additional Certificate requirements and the amounts and types of liability coverage. If any Subcontractor does not have the amount of liability insurance required in the Project Specifications, 03/26/2024 C5 122 of 231

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the General Contractor must produce evidence that the Subcontractor's work is covered by the General Contractor's liability insurance policy.

4] Worker's Compensation Insurance Certificate. The Certificate shall be issued with the Agency listed as the Certificate Holder.

5] Waste Management Permit Application. The Contractor shall be required to recycle at least fifty percent (50%) of the generated waste in accordance with Vista Municipal Code Chapter 13.17.

A permit will be issued by the Agency to the Contractor covering the Contractor and all Subcontractors.

7-6 THE CONTRACTOR’S REPRESENTATIVE.

Replace the first two sentences with the following:

Before starting the Work, the Contractor shall provide in writing to the Agency a list of the representatives with local area codes and telephone numbers of at least two (2) persons in charge of or responsible for the Work, who can be reached for emergency work twenty-four (24) hours a day, seven (7) days a week.

Replace the third and fourth sentences with the following:

Contractor shall have on the site, at all times, a Superintendent who will be in charge of all aspects of the Contractor’s work. The Superintendent shall be the individual authorized to receive directions from the Engineer of the Project and who will at all times act as the Contractor’s representative. Any order or communication given to the Superintendent shall be deemed delivered to the Contractor. Contractor shall only replace the Superintendent upon written approval of the Agency. The Agency shall have the right to request that the Contractor appoint a new Superintendent if the Engineer or the Agency determines that such a replacement would be in the best interest of the Project.

Add the following paragraphs:

The Contractor shall submit a daily report to the Engineer from the Contractor and all subcontractors, on forms approved by the Engineer. The report shall include a listing of all labor, materials and equipment involved for that working day. Failure to submit the daily report by the close of the next working day shall be just cause for the Agency to dispute progress pay requests. The Contractor shall coordinate daily with the Engineer to reconcile the report, and it shall be signed by both the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved 03/26/2024 C5 123 of 231

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immediately. Each party shall retain a signed copy of the report. Reports by subcontractors or others shall be submitted through the Contractor. The report shall:

1] Show names of workers, classifications, and hours worked. 2] Show type of equipment, size, identification number, and hours of operation. 3] Describe the work done that working day, and what work was completed. 4] Describe status of any unresolved issues in such detail as the Agency may require.

7-7 COOPERATION AND COLLATERAL WORK.

Replace the first paragraph with the following:

Nothing contained in these documents shall be interpreted as granting to the Contractor exclusive occupancy of the construction site for the Work. Should construction be under way or subsequently begun by other forces or by other contractors within or adjacent to the limits of the Work, or in the vicinity of the Work to be done under this Contract, the Contractor shall so conduct his operations as to interfere to the least possible extent with the Work of such other forces or contractors. If the performance of this Contract is likely to be interfered with by the simultaneous performance of some other forces or contractors, the Engineer will decide which contractor shall continue or whether the Work can proceed simultaneously.

Any difference or conflicts that may arise between the Contractor and such other forces or contractors because of delays or hindrance to each other, shall be adjusted and determined by the Engineer. If the Work of the Contractor is delayed because of any acts or omissions of any other contractor or force, the Contractor shall on that account have no claim for additional compensation or extra cost against the Agency.

Add the following paragraphs:

The Contractor shall perform the Work in such a manner as to maintain in operation all existing utilities and other public services. The Contractor shall allow operations and maintenance crews from any utility or other public service agency to access their facilities at any time. Owners of the various utilities, and / or facilities at or near the Project site are as follows:

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UTILITY OWNER
Gas and Electric Power Transmission and
Distribution Facilities
San Diego Gas & Electric Company
(SDG&E)
Telephone and Communication Facilities AT&T Corporation Cable Television and / or Communication
Facilities
Cox Communications, Inc. , Times Warner
Cable, Crown Castle and/or Coastal
Sewer City of Vista Public Works and Buena
Sanitation District
Traffic Signals, Street Lights, and Fiber Optic
Communication Facilities City of Vista Public Works
Storm Drains City of Vista Public Works
Well Water Distribution or Irrigation City of Vista Public Works Water Vista Irrigation District (VID)
Bus / Railroad North County Transit District (NCTD)
State Highways California Department of Transportation
(Caltrans), District 11

The following scheduling information is provided for the Contractor’s information, but it does not alter the Contractor’s responsibility.

The Contractor shall coordinate the installation, relocation or adjustment of any water meter(s) with Vista Irrigation District (VID) at least three (3) weeks in advance of when the Contractor will allow VID to schedule their crews to install or relocate any water meter(s). As necessary, VID will excavate to the water main, tap the main, install, or relocate the service, install or relocate the meter and meter box and backfill the excavation. The Contractor must have the finished grade prepared for VID so that VID can install the meter box at the correct elevation and the Contractor shall not construct any curb, sidewalk or other improvements that will complicate or hinder VID’s work. The Contractor shall provide final compaction for the trenching performed by VID to ensure that the trench will not settle. The Contractor shall be responsible for Traffic Control and all other work necessary for a completed installation which is not performed by VID. The Agency has paid VID’s standard water meter fees (if necessary); however, the Contractor shall pay any additional fees or charges required by VID to accomplish the Work within the Contractor’s schedule.

7-8 WORK SITE MAINTENANCE.
7-8.1 General.

Replace the second paragraph with the following:

The Contractor and all Subcontractors are required to clean up the site on a daily basis.

This cleanup shall include, but not be limited to, the Contractor furnishing and operating a self- 03/26/2024 C5 125 of 231

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loading motorized street sweeper equipped with a functional water spray system or by hand (depending on the size of the daily job/cleanup), removal of all construction material that is no longer needed on the job site, daily removal of all construction rubbish/trash away from the job site, proper storage of all construction equipment including traffic control devices that are not in use. The sweeper shall clean all paved areas within the Work site and all paved routes at least once each working day for the purpose of keeping paved areas acceptably clean whenever construction, including restoration, is incomplete. It shall be the Contractor’s responsibility to keep vehicle and pedestrian travel ways broom clean at all times. Failure to comply with these daily cleanup requirements may result in the Agency performing the cleanup work and deducting the cost from the Contractor’s payment(s).

The sweeper shall be certified to conform to the South Coast Air Quality Management District’s (SCAQMD) (California) Rule 1186 requirements, which limit the amount of very fine particles of dust that can become airborne during sweeping operations. For additional information regarding SCAQMD’s Rule 1186, go to Internet URL website link at:

http://www.aqmd.gov/docs/default-source/rule-book/reg-xi/rule-1186.pdf

Upon completion and before making application for acceptance of the Work for each Task Order, the contractor shall clean the construction site and all ground occupied by him in connection with the Work of all rubbish, excess materials, temporary structures, and equipment. All parts of the Work area shall be left in a near and presentable condition.

Care should be taken to prevent spillage on streets over which hauling is done, and any such spillage or debris deposited on streets due to the Contractor's operation shall be immediately cleaned up.

The Contractor shall remove and dispose of all structures, debris, or other obstructions to the construction of the Work as specified. Where such obstructions consist of improvements not required by law to be removed by the owner thereof, all such improvements shall be removed, maintained, and permanently replaced by the Contractor at his expense as required for performance of the Work.

The Contractor shall furnish all water necessary for compaction, cleaning, flushing, dust control, etc.

No separate payment will be made for any work performed or material used to control dust resulting from the Contractor’s performance of the Work, or by public traffic, either inside or outside the right-of-way.

Full compensation for conforming to the requirements of this Subsection 7-8.1 shall be considered as included in the various items of work involved and no additional compensation shall be allowed therefor.
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Add the following paragraphs to this subsection:

EDCO Waste and Recycling Company has an exclusive franchise agreement with the Agency for waste hauling. If the Contractor requires waste disposal service, that service must be provided by EDCO. The Contractor is to make his own arrangements with EDCO and pay for all waste disposal, which is to be included in his overall Contract bid.

As a result of AB 939, the Agency has established a Construction and Demolition (C&D) Recycling Ordinance (Vista Municipal Code Chapter 13.17) to help divert waste from landfills and to comply with mandates of the California Integrated Waste Management Board (per City of Vista Ordinance No. 2006-19). Many of the materials generated from construction and demolition projects can be recycled or reused. The Agency requires any contractor that generates debris to use a recycling service (EDCO or other Agency-approved recycling company) and fill out a Waste Management Plan (WMP). The Contractor shall cooperate with the Agency’s Inspector and Agency’s Waste Management Compliance Officer in completing the WMP prior to obtaining the required “No Fee” Construction Permit. If you have any questions about the Agency’s Construction and Demolition Recycling Ordinance or how to get a copy of this form, please contact Gabe Grewe at 760-643-5413.

The Contractor shall provide copies of all receipts from EDCO and include all demolition costs in his construction bid.

Full compensation for furnishing all labor, materials, equipment and incidentals for clean- up and dust control as specified, including weekends and other non-working days at the Agency’s request, shall be considered as included in related items of work and no additional compensation will be allowed therefore.

7-8.2 Air Pollution Control.

Add the following paragraph:

All cold milling equipment, sandblast pots over one-hundred pounds (100 lbs.), portable engines over fifty horsepower (50 HP), and auxiliary engines on construction equipment which are not used to drive equipment require permits from the San Diego County Air Pollution Control District (SDAPCD). The Contractor must obtain and maintain all required permits, and follow all permit requirements.

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7-8.3 Noise Control.

Add the following paragraphs:

The Contractor shall comply with local ordinances regulating noise level (see Vista Municipal Code Chapter 8.32).

All construction activities (including, but not limited to, the use of tools, machinery or equipment used in connection with construction operations), regardless of hours of operation, shall be kept below an average hourly sound level of seventy-five (75) dBA Leq measured at fifty feet (50’) from the noise source. A noise level limit of ninety-five (95) dB at a distance of fifty feet (50’) shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. Examples include but are not limited to: equipment startups, equipment staging in or near the project, truck deliveries to the project, construction traffic loud talking, etc.

This ordinance applies to all grading operations and all public improvement construction on private or public property.

The Contractor shall not perform high-noise producing work (e.g. jack-hammering, saw- cutting, sand blasting, cold milling, compacting, etc.) between the hours of 10:00PM and 7:00AM, unless the Contractor is directed to perform work at night as part of a unique project, to avoid excessive impacts to traffic, businesses, or schools. The Contractor shall provide written notification to all residential properties within five hundred feet (500’) of the work zone at least seventy-two (72) hours in advance of performing: 1) work during these hours; 2) high- noise producing during working hours. The proposed notification form and list of properties shall be submitted to the Engineer for approval.

Stationary construction equipment shall be placed such that emitted noises are directed away from sensitive noise receivers such as residential uses. The Contractor shall make every effort to create the greatest distance between noise sources and receptors during construction operations.

The Contractor shall use only such equipment on the Work and in such state or repair, that the emission of sound therefrom is within the noise tolerance level of that equipment, as established by accepted standards of the industry. Should the Agency determine that the muffling device on any equipment used on the Work is ineffective or defective so that the noise tolerance of such equipment, as established by accepted standards of the industry, is exceeded, such equipment shall not, after such determination by the Agency, be used on the Work until its muffling device is repaired or replaced so as to bring the noise tolerance level of such equipment within such standards.

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7-8.4 Storage of Equipment and Materials.
7-8.4.1 General.

Add the following paragraphs:

The Contractor shall obtain and maintain, at his own cost, a construction staging area outside of the right of way or outside the boundaries of the Agency’s property, unless a staging area is specifically shown on the Plans or described in the specifications. Any posted signs for or related to the staging area must be of professional quality and approved by the Engineer prior to placement. The staging area must be established, maintained and removed in a manner acceptable to the Engineer and the owner of the land where the staging area is situated. The Contractor shall be solely responsible for the security and liability of the staging area. The staging area maybe fenced, lighted and locked. Guard dogs are not allowed at the construction staging area. Such staging areas shall meet all requirements of applicable standards, codes, ordinances and laws, and shall be established at least five (5) Working Days prior to commencement of work.

When any product, material or equipment is to be stored outside the highway or street right-of-way or Agency property, the Contractor shall first obtain written permission from the property owner on whose property the storage is to be made. The Contractor shall file with the Engineer an original permission letter, together with a written release from the property owner absolving the Agency or its employees from any and all responsibility in connection with storage of materials, products or equipment on said property.

7-8.4.2 Storage in Public Streets.

Add the following paragraphs:

No equipment or materials may be stored on public street rights-of-way unless pre- approved by the City of Vista Traffic Engineering Division.

Add the following subsection:

7-8.4.3 Storage on Private Property.

7-8.4.3 Storage on Private Property. The Contractor and all Subcontractors shall minimize the effects of construction operations upon private properties adjacent to the Work.

Prior to storing equipment or material on private property, the Contractor shall provide copies of all letters of permission or written agreements executed by affected property owners 03/26/2024 C5 129 of 231

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for the purpose of granting trespass rights to enter upon, stockpile or store Contractor's supplies and equipment to the Engineer. The Contractor shall, as a penalty to the Agency, forfeit one hundred dollars ($100) per day as a fine for each parcel as determined by the Engineer for failure to provide copies of such documentation to the Engineer prior to storing equipment or material on private property. Said fine or fines will be deducted from the Contractor’s subsequent monthly progress payment. The Contractor is solely responsible to initiate contact and negotiate agreement with property owners if the Contractor should desire to use private property for storage or other purposes.

Materials or equipment placed on private property without owner's consent or in breach of owner/contractor Contract shall constitute ground for immediate issuance of a stop work notice to the Contractor. The Contractor shall then be required to suspend all operations until affected property is cleaned up and restored to original condition. Additional Contract days will not be granted due to stop work action against Contractor.

ADD THE FOLLOWING PARAGRAPHS:

PART I – PROJECTS LESS THAN 1 ACRE OF LAND DISTURBANCE

7-8.6 Water Pollution Control.
7-8.6.1 General.

Add the following to this subsection:

The Contractor shall adhere to, the requirements of the San Diego Regional Water Quality Control Board (RWQCB). All work shall be performed in accordance with ORDER NO. R9-2013- 0001, AS AMENDED BY ORDER NOS. R9-2015-0001 AND R9-2015-0100 NPDES NO.

CAS0109266 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

AND WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES FROM THE MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) DRAINING THE WATERSHEDS WITHIN THE SAN DIEGO REGION, which can be found on the Internet at:

http://www.waterboards.ca.gov/rwqcb9/water_issues/programs/stormwater/index.shtml

The Contractor shall adhere to, and shall perform in accordance with the requirements of Vista Municipal Code Chapter 13.18 – Storm Water Management and Discharge Control Program.

THE CONTRACTOR WILL NEED TO SUBMIT A STORM WATER PERMIT APPLICATION AND ASSOCIATED EROSION CONTROL PLAN PRIOR TO STARTING WORK FOR ANY TASK ORDER. 03/26/2024 C5 130 of 231

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As part of the application for City of Vista Storm Water Management Permit, the Contractor shall submit an erosion control plan showing all pollution prevention, erosion and sediment control, and site management practices, to the City Engineer for review and approval, and shall implement and maintain all appropriate measures to prevent polluted discharges from entering storm water conveyance facilities (e.g. channels, storm drains, and water bodies).

The Storm Water Management Permit application and erosion control plan must be prepared and submitted by the Contractor and approved by the City Engineer before any land disturbance activities can take place on the construction site.

For projects not subject to the Construction General Permit, before commencement, and until final acceptance of the Work by the City, the Contractor shall provide all measures necessary to avoid erosion and adverse drainage conditions, in conformance with the current Order and the City of Vista Grading Ordinance.

7-8.6.1.1 Compliance.

Add the following to this new subsection:

The Contractor shall comply with all state and federal permit provisions and requirements applicable to the Work performed within or immediately adjacent to a live stream(s) as specified in the Appendices (see list of Appendices in Table of Contents on Page 2).

The Contractor shall make every effort to comply with the provisions of this subsection.

However, should the Contractor violate any of the provisions of this subsection, or if pollution occurs in the work area for any reason, the Contractor shall immediately notify the City Engineer. If an unmitigated non-storm water discharge leaves the construction site, the Contractor shall immediately stop all the activity causing the discharge and mitigate the discharge and immediately notify the City Engineer or call the Storm Water Hotline at 760-726- 1340 X 1686. In addition the Contractor shall, with seven (7) calendar days, submit written confirmation to the City Engineer describing the incident and corrective actions taken. If pollution, for whatever reason, is detected by the City Engineer before notification by the Contractor, the required written confirmation shall also include any explanation of why the Contractor had not notified the City Engineer.

As soon as practical, any and all waste material, sediment, debris or other pollution from any discharge shall be removed from the work area and/or the drainage system by the Contractor. Any remedial actions will be the sole responsibility of the Contractor.

The Agency may make any further corrective actions, as deemed necessary, for abatement of water pollution if the Contractor has violated any of the provisions of this subsection. The Contractor shall be responsible for all costs incurred for the corrective actions. Failure to 03/26/2024 C5 131 of 231

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comply with the requirements of this subsection may result in the suspension of Work per Subsections 6-3 and 6-6.3 (“SUSPENSION OF THE WORK.” and “Payment for Delays.”). The City’s Municipal Code (Vista Municipal Code) Section 13.18.200 allows for administrative, misdemeanor penalties, infractions, and civil actions for non-compliance and enforcement actions that include stop work orders. Failure may also result in significant fines and possible imprisonment. A prosecuting authority may assess fines of up to $37,500 per calendar day for each violation. The Contractor shall also reimburse the Agency for any fines assessed against and paid by the Agency and that are the result of the Contractor’s failure to comply with these specifications.

Compliance with the requirements of this subsection shall in no way relieve the Contractor from its responsibility to comply with other provisions of the Contract, in particular its responsibility for repair of damage and for preservation of property.

7-8.6.2 Best Management Practices (BMPs).

Add the following to this subsection:

Prior to commencement of any land disturbance activities, the Contractor shall educate all employees, subcontractors, and suppliers about storm water pollution prevention and mitigation measures needed during various construction activities to prevent the impacts originating from construction discharges. The Contractor shall ensure that all personnel are periodically trained in storm water and urban runoff management. A list of attendees and copies of the educational materials shall be kept on file at the site and submitted to the City Engineer at the conclusion of each training session, upon request.

The Contractor shall designate a qualified person who is trained and competent in the use of Best Management Practices (BMPs) and who shall be on the site daily to evaluate the conditions of the site with respect to storm water pollution prevention. This person shall ensure the implementation of the conditions of the City of Vista Storm Water Management Permit, erosion control plan, Contract Documents, and other State and local regulations and ordinances with respect to the control of erosion, sediment and other forms of water pollution, as well as other waste management regulations.

The Contractor shall implement pollution control measures and BMPs to prevent the impounding of runoff, nuisance water, sediment movement, and debris movement from the construction site onto adjacent properties or from adjacent properties onto the construction site. If the City Engineer determines that the Contractor’s measures are not adequate, the Contractor shall provide whatever additional measures are required to gain compliance.

The Contractor shall protect with BMPs, such as gravel bags and filter fabric, all new and existing storm water conveyance system structures and other facilities from sedimentation or 03/26/2024 C5 132 of 231

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other related construction debris and discharges, or by any other equal product that is acceptable to the City Engineer. The Contractor shall schedule and conduct land disturbance operations, such as demolition, clearing, and grading, to minimize or avoid rain fall induced erosion and sediment discharges and prevent tracking at the construction site during ingress and egress. Water pollution control activities shall also consist of implementing good housekeeping BMPs to reduce the discharge of pollutants from construction sites. Such features as drainage gutters, slope protection blankets, and retention basins, if applicable to the site as described in the erosion control plan, shall be constructed prior to start of work.

The Contractor shall prevent any discharge of concrete rinse water or other pollutant into a storm water conveyance facility by using physical barriers.

The Contractor shall maximize the preservation of existing native and non-native vegetation and minimize soil disturbance within the limits of Work.

The Contractor shall show on the erosion control plan all water pollution, erosion control, and sediment control BMPs for the Work including the locations for concrete washout, vehicle maintenance, staging, dispensing of fuel, and storage areas. Further, the Contractor shall show all pollutant control measures or BMPs to be used to confine construction waste in designated areas, including construction entrance stabilization and wheel-wash measures to reduce the tracking or deposition of sediment onto public and private roads.

During the dry season (May 1 through September 30 each year), the Contractor shall inspect at least monthly all pollutant control measures or BMPs installed to mitigate construction activities during the dry season. During the rainy season (October 1 through April 30 each year), the Contractor shall inspect at least weekly all pollutant control measures, inspect before and after every rain event and every twenty-four (24) hours during any prolonged rain event.

The Contractor shall implement the following water pollution control measures:

(a) Minimum Water Quality Protection Requirements:
(1) Eroded sediments and other pollutants must be retained on site and may not be transported from the Work site via sheet flow, swales, area drains, natural drainage, tracking by vehicles or equipment, or wind. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the rainy season; planting and maintenance of vegetation on slopes; and cover to prevent or minimize erosion of susceptible slopes.
(2) Stockpiles of earth and other work-related materials must be protected from being transported from the site by wind or water.
(3) Fuels, oils, solvents, and other toxic and non-toxic substances shall be stored in accordance with the manufacturers’ instructions. All storage containers shall be protected from the weather. Fuels, oils, solvents, and other toxic substances 03/26/2024 C5 133 of 231

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originating from the Contractor’s operations shall not be allowed to contaminate the soil, storm water or surface waters or enter the ground water or be placed where they will enter a live stream, channel, drain, or other water conveyance facility.
(4) The Contractor may not wash excess or waste concrete onto the ground or into the public rights of way or any drainage system. Provisions shall be made to retain concrete wastes onsite with containment until it can be appropriately disposed of or recycled.
(5) Trash and construction-related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. (6) Vehicle and equipment traffic shall not track sediments and other materials from the construction site. The Contractor must stabilize the entrance roadways to the construction site to inhibit sediments from being deposited into the public rights of ways. Accidental depositions must be swept up immediately and may not be washed down by rain or by any other means. All loose soil and debris shall be removed from street areas upon starting operations and periodically thereafter as directed by the City Engineer.
(7) Non-storm water, wash water and runoff from equipment and vehicle washing and any other activity shall be contained at the construction site. (8) The Contractor shall protect all new and existing storm drain system structures from sedimentation, or other construction related debris and discharges with gravel bags and filter fabric or by any other equal product or measure acceptable to the City Engineer. Accumulated debris shall be cleaned up and properly disposed of by the Contractor to prevent the materials from entering or being carried into storm water conveyances.
(9) When making sawcuts in pavement, use as little water as possible and perform during dry weather. Cover each storm drain inlet completely with filter fabric or plastic during the sawing operation and contain the slurry by placing straw bales, sandbags, or gravel dams around the inlets. After the liquid drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and remove from site. Alternatively, a small onsite vacuum may be used to pick up the slurry as this will prohibit slurry from reaching storm drain inlets.
(10) Pavement marking:
 Schedule pavement marking activities for dry weather.  Develop paint handling procedures for proper use, storage, and disposal of paints.
 Transfer and load paint and hot thermoplastic away from storm drain inlets.  Provide drop cloths and drip pans in paint mixing areas.  Properly maintain application equipment.
 Street sweep all grindings. Yellow thermoplastic grindings may require special handling as they may contain lead.
 Paints containing lead or tributyltin are considered a hazardous waste and must be disposed of properly.
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 Use water based paints whenever possible. If using water based paints, clean the application equipment in a sink that is connected to the sanitary sewer.  Properly store leftover paints if they are to be kept for the next job, or dispose of properly.
(11) After the completion of the Work, the construction site shall be cleared of trash and debris and restored to a condition equal to or better than that existing before construction by completing all approved landscaping and permanent or post- construction sediment controls.

(b) Erosion Control Plan
Whenever it appears that the construction site will have grading during the rainy season, or as requested by the City Engineer, the Contractor shall be prepared to execute a rain event action plan based on implementation of BMPs as specified in the Project’s Erosion Control Plan.

The Contractor shall mark with a stencil, concrete stamp, or ceramic tile every storm drain inlet within the Project boundaries to indicate that no dumping is allowed in storm drainage facilities that discharge in the ocean. The stencil or tiles are available from the City Engineer, with five (5) Working Days advance notice. On curb inlets, the stencil shall be placed at the curb line on the inlet roof, the stamp should be placed on the inlet roof or in the sidewalk behind the inlet, and the tile shall be affixed to the gutter with pavement-marker adhesive or inset in the concrete in the center of the inlet opening. On catch basins, the stencil, stamp, and tile shall be placed or imprinted next to the inlet grate. Extra concrete may be required next to the grate to accommodate the stencil, stamp, or tile dimensions.

7-8.6.5 Payment.

Replace the paragraphs in this subsection with the following:

All costs for the work required to comply with the requirements of this subsection shall be included in the bid item for Storm Water Pollution Prevention and Erosion Control as shown on the BID SCHEDULE. If no bid item is provided, the cost of the work required to comply with this subsection shall be considered as included in the prices bid for the various items of work.

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7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.

Add the following paragraphs:

The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, signage, adjacent property, trees, turf, lawn and shrubbery that are to be relocated or not to be removed.

All trees, turf, lawn, and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, highway or street signs and facilities, and any other improvements or facilities within or adjacent to the Work shall be protected from damage.

The Contractor shall provide and install suitable safeguards to protect such objects from damage. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified as approved by the Engineer.

In addition to any requirements imposed by law, the Contractor shall shore up, brace, underpin, and protect, as may be necessary, all foundations and other parts of all existing structures, and all portions of other existing facilities including waterlines, storm drains, and sewer lines, adjacent to and adjoining the site of the Work, which are in any way affected by the excavations or other operations connected with the performance of the Work.

The Contractor shall maintain all existing roadside mailboxes and official signs other than those called for removal, including but not limited to directional, warning, advisory, regulatory and street markers. The mailboxes and signs shall be maintained in an erect and functional position and condition at all times during the construction period in either temporary or permanent location as designated by the Engineer. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the Agency.

The Contractor shall maintain in operation all existing traffic signals and street lighting for the benefit of the public during the progress of the Work. Existing electric services, traffic signal equipment, traffic signs, and street lights that are being replaced or relocated shall remain in service until the replacement facilities are installed and operational or useable).

All costs involved in protection and restoration of existing improvements shall be included in related items of work and no additional compensation shall be allowed therefore.

7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Access.
7-10.1.1 General.

Add the following paragraphs:
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The Contractor shall make every effort to keep driveways open during working hours. After hours all driveways shall be accessible with smooth and safe crossings through the construction.

Flagging operations may be used for residential streets between the hours of 8:30 AM to 3:30 PM.

In addition, two-directional traffic must be maintained at all times.

In general, only one (1) lane of traffic in each direction may be closed at one (1) time.

Vehicular lane and bicycle lane closures will only be allowed between the hours of 8:30AM and 3:30PM to avoid impacts on commuter traffic and to avoid impacts to the adjacent businesses, local residences and schools.

Other conditions such as pedestrian access and the presence of schools or other special traffic and pedestrian generating facilities may affect the working hours.

7-10.1.1.2 Pedestrian Access.

Add the following paragraph:

Sidewalks through the work area may be closed temporarily as long as alternate pedestrian access through the adjacent area or on the opposite side of the street is available at ALL times. The work must be phased so that pedestrian access is maintained at ALL times along street segments and through intersections. This includes performing construction activities only one side of a street segment at a time or on one corner of an intersection at a time to ensure that pedestrian access through the street segment or the intersection is always maintained.

7-10.2 Work Area Traffic Control.
7-10.2.1 General.

Add the following paragraph:

The Contractor shall prepare and submit a traffic control, construction phasing, and detour plan for approval by the Agency, showing how traffic and access will be maintained during the work.

At least two (2) lanes of traffic, one in each direction, must be kept open during construction periods on all streets. The Contractor shall furnish, install and maintain all 03/26/2024 C5 137 of 231

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necessary and appropriate signing and striping for lane closures to accommodate the work zone.

Emergency vehicles shall be permitted to pass through the work area without delay at all times.

Work shall be performed in a portion of the street section while the remainder of the street section is kept open and unobstructed until the newly-constructed improvements are ready for use by traffic. The Contractor shall phase the removal operations so as to maintain the specified traffic lanes on existing pavement until sufficient new pavement is constructed to accommodate the traffic requirements. A smooth, even surface and a condition satisfactory for traffic shall be maintained on the portion of street where the two-directional traffic is being maintained.

The Contractor shall cooperate with local authorities relative to handling local traffic and providing access to necessary services through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.

If temporary ‘No Parking’ zones are part of the approved Traffic Control Plan, the Contractor shall be responsible for furnishing and posting temporary ‘No Parking’ signs a minimum of forty-eight (48) hours in advance of work. Signs shall have the correct legend and any other necessary information such as hours of the day; days of the week; dates that the temporary ‘No Parking’ zone applies; and citation of the applicable section of the California Vehicle Code or the Vista Municipal Code. Signs shall be posted at one-hundred foot (100’) maximum intervals along the approved temporary ‘No Parking’ zone. Signs may be attached to existing sign and street light poles in the public right-of-way as approved in the Traffic Control Plan.

When necessary to meet the spacing requirement or to ensure sign visibility, the Contractor shall furnish posts or barricades. The Contractor is responsible for the removal of all temporary “No Parking” signs and fasteners or tape used after the Work is completed on each street or alley.

The Contractor shall be responsible for furnishing and posting temporary ‘No Parking’ signs along all streets approved for closure. In addition to other requirements for temporary “No Parking” signs, “No Parking” signs for temporary road closures shall be posted at one-hundred foot (100’) maximum intervals on each side of the street to be closed, at all intersections, and ends of all cul-de-sac streets.

Implementation of traffic control devices per the approved Traffic Control Plan may not begin each workday before the hours specified on the approved Traffic Control Plan. In addition, construction work must be stopped before the end of the approved work period to allow sufficient time for all traffic control devices to be removed and for other devices and measures to be in place and operational as shown on the approved Traffic Control Plans within the specified time restrictions. The Contractor shall make adjustments to the construction 03/26/2024 C5 138 of 231

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staging and provide any required improvements or additional facilities, including temporary trench steel plate covers, temporary asphalt concrete pavement, barricades and delineators, and temporary signing and striping, which are necessary to make the work site functional and safe at all times. Improvements and facilities necessary to make the work site functional and safe shall be submitted to the Agency’s Traffic engineer for approval as part of the Traffic Control Plan.

Adequate drainage facilities shall be provided to maintain the traveled pavement surface in a condition free from ponding or running water. Water shall not be diverted from existing courses or allowed to pond on private property without the explicit permission, in writing, from the property owner.

Trenches in streets open to traffic shall be provided with temporary pavement surfacing, to maintain a smooth paved travel surface, if the street is not to be provided with permanent pavement surfacing within forty-eight (48) hours after pavement removal. Trench steel plate covers shall not be left in place longer than four (4) consecutive Working Days.

7-10.2.2 Traffic Control Plan (TCP).
7-10.2.2.1 General.

Add the following paragraphs:

The Contractor shall be prepared to discuss the traffic control plan and issues related to traffic control and access at the Pre-Construction Meeting. The Contractor shall submit traffic control plans for approval at least five (5) Working Days prior to commencement of work. All phases of the traffic control plans shall be prepared by a California licensed Traffic Control Services Consultant (C31 Contractor’s License – Construction Zone traffic Control Contractor) or a California registered Civil or Traffic Engineer and performed in conformance to the requirements of the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) for Streets and Highways, Caltrans Standard Specifications and Standard Plans, the Traffic Control Plans included in the latest edition of the San Diego Regional Standard Drawings (SDRSD), and the WATCH Manual (Work Area Traffic Control Handbook). No work shall commence until this plan and each construction phase of the Work that significantly affects existing traffic operations has been reviewed and approved by the Engineer.

The Contractor’s Traffic Control Plan shall list the Working Days and Hours scheduled for each street and each phase of the work, as described in these Specifications.

The relocation and / or installation of traffic and / or parking signs and other directional signage, as required on the Plans, shall conform to the City of Vista Standards, the California Manual on Uniform Traffic Control Devices (CA MUTCD), Caltrans Standard Plans and Standard 03/26/2024 C5 139 of 231

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Specifications, San Diego Regional Standard Drawings (SDRSD), and all current ADA regulations All signs, including those to be relocated or replaced, need to have their new locations approved by the Traffic Engineering Division of the Engineering Department before placement. If not otherwise specified, the work required for Traffic Striping and Signing shall conform to these specifications and those in Section 314.

All signing, including “DETOUR AHEAD” signs and “OPEN DURING CONSTRUCTION” signs shall be proposed by the traffic control plan. The Engineer may direct alteration of the above sign messages and locations.

All traffic lanes shall have a minimum width of eleven feet (11’) unless otherwise specified.

In addition to the lane width specified herein, the Contractor shall maintain a clearance of two feet (2’) feet to curbs, barricades, and other vertical obstructions.

For As-Needed Asphalt Concrete Speed Bumps and Berms, CIP No. 8361 contract, the following Traffic Control Plan requirements apply:

1. For residential streets, collector streets and simple intersections: Typical Traffic Control Plan (TCP) from California Manual on Uniform Traffic Control Devices (CA MUTCD) for Streets and Highways or the TCPs included in the latest edition of the San Diego Regional Standard Drawings (SDRSD) may be submitted for closure of parking lanes and shoulders and for flagging or shifting traffic.

2. For more complex traffic control at intersections and use of center turn lanes or other elaborate set ups will require the preparation of specific TCPs by a certified traffic control contractor.

3. For major and higher streets, typical TCPs may be submitted for simple lane, bike lane, and shoulder closures. Other work on major roads and higher will require preparation by a California licensed Traffic Control Services Consultant (C31 Contractor’s License – Construction Zone traffic Control Contractor) or a California registered Civil or Traffic Engineer and performed in conformance to the requirements of the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) for Streets and Highways, Caltrans Standard Specifications and Standard Plans, the Traffic Control Plans included in the latest edition of the San Diego Regional Standard Drawings (SDRSD), and the WATCH Manual (Work Area Traffic Control Handbook).

4. Other traffic control situations that may not fit the specifications above will have to be discussed with the City Traffic Engineer and requirements will be determined accordingly, on a case—by-case basis.

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It shall be the Contractor's responsibility to notify the appropriate utility companies listed in these Project Specifications and the other agencies listed below, at least two weeks in advance, when access to the public right-of-way is altered in any way. Notifications by the Contractor shall be in writing, with proof of receipt. Copies of each notification and proof of receipt shall be submitted to the Engineer.

UTILITY COMPANY / AGENCY PHONE NUMBER
City of Vista Fire Department (Business Office) 760-643-2801 San Diego County Sheriff’s Office (Non-emergency) 760-940-4551 EDCO Waste and Recycling Company (Customer Service) 760-727-1600 City of Vista Engineering Inspection (24 hour answering machine)
760-639-6113
City of Vista Building Division 760-639-6105
City of Vista Building Inspection Request Line (24 hour answering machine)
760-639-6106
City of Vista Parks and Community Services 760-639-6151 North County Transit District (Monica Coria) 760-967-2851 Vista “Out and About” transit service 760-639-6161 x 1537 Vista Unified School District (Maintenance, Operations & Grounds)
760-726-2170 x 2831
United States Post Office (Vista, CA branch) 800-275-8777

7-10.2.2.2 Payment.

Add the following paragraph:

Full compensation for (single or multi-phase) Traffic Control Plan and Construction Staging and furnishing Project traffic control, including the cost of all barricades, signs, all variable message signs, tools, equipment, incidentals, flagmen, providing notices, asphalt concrete and aggregate base for temporary resurfacing (and its removal), temporary conflicting traffic stripe application and grinded removal, trench steel plate cover installation and removal, and any other safety measures used for the control of traffic, any temporary rerouting of traffic or maintenance of access to properties during the Project construction period shall be paid for by the lump sum price bid as shown on the BID SCHEDULE and no additional compensation will be allowed. If no bid item is provided, the cost of the work required to comply with this subsection shall be considered as included in the prices bid for the various items of work.

7-10.4 Safety.
7-10.4.1 Work Site Safety.

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Add the following new subsection:

7-10.4.1.3 Safety for Night Work.

7-10.4.1.3 Safety for Night Work. The delineation of the Work that will need to be performed at night during certain phases of the Project shall be indicated on the Traffic Control Plans. The Contractor shall conduct all work in a safe manner, but shall provide additional safety measures at night to ensure the safety of the public, the work force, Agency and utility staff, and anyone else who passes through or works in the Project area. All light fixtures shall be mounted and directed in a manner precluding glare to approaching traffic.

The Contractor shall submit a detailed written night work plan, which includes night-related traffic control equipment and materials, site safety rules, and safety training materials.

Add the following new subsection:

7-10.4.1.4 Flood Lighting for Night Work.
7-10.4.1.4.1 General.

7-10.4.1.4. 1 General. When Night Work is being performed flood lights shall be used to illuminate the Work Site, flagger stations, equipment crossings and other hazardous areas.

The flood lighting shall provide enough light to illuminate flagger stations, equipment crossing sand other hazardous areas so they are visible for a distance of one-half (0.5) mile. Care shall be exercised to ensure that the flood lights do not shine into the eyes of oncoming traffic.

Flood Lighting is not required when adequate street lighting systems are available and maintained as specified in Section 307 (“STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS.”)

7-10.4.2 Safety Orders.
7-10.4.2.1 General.

Add the following paragraphs to this subsection:

In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the Work, and the Contractor shall fully comply with all OSHA, State and Federal laws, rules, regulations and orders relating to safety of the public and workers.
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Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor’s operations, and when in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property adjacent to the Contractor’s operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary.

The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses by the Agency for emergency repairs will be deducted from the progress payments and the final payments due to the Contractor. However, if the Agency does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.

The acceptance by the Agency of a copy of the State of California Department of Industrial Relations Division of Occupational Safety & Health (CalOSHA) permit to perform excavation or trench work shall in no way be construed to impose tort liability on the Agency or any of its officers or employees by reason of any damage to person, including death or property damage resulting from or arising out of the use of such plan, and the Contractor shall be fully responsible for any such damage and shall indemnify and hold harmless the Agency, its officers and employees from any loss or liability resulting from the use of such plan.

7-10.5 Security and Protective Devices.
7-10.5.3 Steel Plate Covers.

Add to this subsection the Special Provisions listed in Subsection 7-10.5.3 (“Steel Plate Covers.”) in the latest edition of the San Diego Regional Supplement to the Greenbook with the following modifications:

Revise c) of the second paragraph of Subsection 7-10.5.3 (“Steel Plate Covers.”) in the latest edition of the San Diego Regional Supplement to the Greenbook to read as follows:

The surface of all structural steel plate covers used by the Contractor to bridge any excavation in the public right-of-way shall have a non-skid coating (“Skid Guard” or equal) with a minimum coefficient of friction = 0.35 per California Test Method 342 for all traffic steel plate covers within the traveled roadway of streets and alleys, and a minimum coefficient of friction of 0.50 per ASTM C 1028 for those steel plate covers in pedestrian crosswalks or accessible areas. The non-skid coating shall be black. When required by the Engineer, the Contractor shall certify in writing to the Agency that the steel plate covers to be used in the 03/26/2024 C5 143 of 231

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Work meet the required static coefficient of friction. Also when required by the Engineer, the Contractor shall have the steel plate covers to be used in the Work tested in accordance with the above standards for the verification of the required static coefficient of friction. Testing shall be done by an independent laboratory approved by the Engineer. The Contractor shall pay for any costs associated with the testing of the steel plate covers.

Replace the third paragraph of Subsection 7-10.5.3 (“Steel Plate Covers.”) [Method 1) and Method 2)] in the latest edition of the San Diego Regional Supplement to the Greenbook to read as follows:

Within any improved area (adjacent surface to trench is either asphalt or concrete), trench steel plate covers shall be recessed into the existing paved roadway surface equal to the depth of the plate thickness and to a width and length equal to the dimension of the plate by cold- milling.

Add the following paragraph to the end of Subsection 7-10.5.3 (“Steel Plate Covers.”) in the latest edition of the San Diego Regional Supplement to the Greenbook:

Payment for performing all work necessary to provide Steel Plate Covers shall be included in the various items of work that required the steel plate covers and no additional compensation will be allowed therefore.

7-11 PATENT FEES OR ROYALTIES.

Replace the subsection in its entirety with the following:

The Contractor shall absorb in its Bid all costs arising from the use of patented materials, equipment, devices, or processes used in or incorporated in the Work and agrees to indemnify and hold harmless the Agency and its duly authorized representatives, from all suits of law, or actions of every nature for or on account of the use of any patented materials, equipment, devices or processes.
7-12.2 Public Notification.

7-12.2 Public Notification. The Contractor shall prepare typewritten Public Notification fliers in English and Spanish. Fliers shall notify residents and businesses of the Work and include information describing the Work, how it may affect them and contact information of Agency and Contractor personnel responsible for the work. The Engineer will provide the contact information for the Agency to be included on the flier at the Pre-Construction Meeting. The Contractor shall submit draft versions of the flier in English and Spanish to the Engineer for review and approval prior to starting the Work. The Contractor shall to provide advance notifications of the Work to residents and businesses adjacent to or affected by the Work by hand delivering “door knob type” fliers distributed at least five (5) Working Days prior to Work. 03/26/2024 C5 144 of 231

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These notices shall also be distributed at other times during the Work as required to notify affected people in the area of impending work, including, but not limited to, prior to commencing rehabilitation, resurfacing, or reconstruction work on streets that will affect access to traffic or pedestrians.

Based upon the work schedule, the Contractor shall notify residents and businesses of the work and post temporary “No Parking” signs to all residences and businesses located in the work limits and along any detour routes.

The Contractor shall provide additional notification for night work that creates excessive noise, as described in Subsection 7-8.3 (“Noise Control.”) of these Specifications.

Full compensation for the Public Notification shall include all necessary labor, equipment, materials, and all other related costs for preparation, copying, and distribution shall be paid for as Extra Work, using a portion of the lump sum allowance for Extra Work, as shown in the Bid Schedule item No.1.

Add the following new subsections:

7-15 RESPONSIBILITY FOR DAMAGE.

7-15 RESPONSIBILITY FOR DAMAGE. In addition to the provisions of Subsection 7-3 (“Liability Insurance.”) of the Standard Specifications as between the Agency and the Contractor, the Contractor shall take and assume all responsibility for the Work as stated herein and/or shown on the Plans.

The Contractor shall be responsible for all damage to personal or private property related to work performed.

The Contractor shall bear all losses and damages directly or indirectly resulting to him, to the Agency, the Engineer, their officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents or any other causes whatsoever.

The Contractor shall assume the defense of and indemnify and save harmless the Agency, the Engineer, their officers, employees, and agents respectively from all claims, loss, damage, injury and liability of every kind, nature, and description, directly or indirectly arising from the performance of the Contract or work, regardless of responsibility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, regardless of responsibility for negligence.

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The Agency does not, and shall not; waive any rights against the Contractor which it may have be reason of the aforesaid hold harmless agreements, because of the acceptance by the Agency or deposit with the Agency by Contractor, of any insurance policies required herein or as described in Subsection 7-3. The aforesaid hold harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reason of any of the aforesaid operations of Contractor, or any Subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages.

No act by the Agency, Engineer or their representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the Contractor or anyone else, from any legal responsibility, obligation or liability he might otherwise have.

7-16 INDEMNIFICATION.

7-16 INDEMNIFICATION. Contractor shall defend (with counsel of Agency’s choosing), indemnify and hold the Agency, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by Subcontractors for nonpayment, including without limitation the payment of all consequential damages and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of Agency’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Agency, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Agency, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse Agency, its officials, officers, agents, employees and representatives for any and all costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.

7-17 EMERGENCY PHONE NUMBERS.

7-17 EMERGENCY PHONE NUMBERS. The Contractor shall provide the Engineer an emergency contact name and telephone number prior to the start of the Work that may be used to contact the Contractor in the event of an emergency for the duration of the Contract. 03/26/2024 C5 146 of 231

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Contractor shall also keep a list of emergency telephone numbers on the job site. In the case that more than ten (10) employees are on the job site at any time, said list shall be posted on a bulletin board, to be supplied and installed on the job site by the Contractor in a location visible and accessible to all employees.

The following emergency telephone numbers are listed for the convenience of the Contractor to assist in complying with these requirements:

AGENCY PHONE NUMBER
City of Vista Fire Department (Rancho Dispatch) 858-756-3006 City of Vista Fire Department (Emergency) 911 or 858-756-1126 San Diego County Sheriff’s Office (Emergency) 911
Tri-City Medical Center, 4002 Vista Way, Oceanside, CA
92056
911 or 800-579-8262
San Diego Gas and Electric 800-611-7343

7-18 DOCUMENT RETENTION & EXAMINATION.

7-18 DOCUMENT RETENTION & EXAMINATION. In accordance with Government Code Section 8546.7, records of both the Agency and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

Contractor shall make available to the Agency any of the Contractor’s other documents related to the Project immediately upon request of the Agency.

In addition to the State Auditor rights above, the Agency shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the Agency, for a period of four (4) years after final payment.
7-19 STATE LICENSE BOARD NOTICE.

7-19 STATE LICENSE BOARD NOTICE. 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 patent act or omission is filed within four (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 ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

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SECTION 9 – MEASUREMENT AND PAYMENT

9-3 PAYMENT.
9-3.1 General.

Add the following paragraph:

Except as may otherwise be provided in specific instances, nothing in the Contract shall be construed as vesting in the Contractor any property, any material, article or structure existing at the time of the award of Contract within the area in which the Work is to be done or in any material, article or structure subsequently furnished for the Work by the Agency, or in any material, article, structure or Work furnished or performed by the Contractor after having been accounted for on an approved estimate supporting the Contractor's demand for payment as provided in Subsection 9-3 (“Payment.”) of the Greenbook. In the latter event any such material, article, structure or Work shall become the property of the Agency after being so accounted for.

9-3.2 PARTIAL AND FINAL PAYMENT.

Replace the fifth paragraph of this subsection:

Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money held by the Agency to ensure performance of the Contract.

At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Agency, or with a state or federally chartered bank as an escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to written Contract in accordance with the provisions of Section 22300 of the California Public Contract Code. For purposes of the escrow agreement, the Agency shall not certify that the Contract has been completed until at least forty five (45) calendar days after filing by the Agency of a Notice of Completion. Securities eligible for investment under this Section shall be limited to those listed in Section 16430 of the California Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon by the Contractor and the Agency.

Add the following paragraphs to this subsection:

Requests for partial payments shall be submitted in a form satisfactory to the Agency. At a minimum, the form shall include all bid items, itemized breakdowns of lump sum bid items from the schedule of values (provided by Contractor), unit or lump sum prices bid, the quantities of each bid item for the current and past invoices, the dollar amount of each bid item, a total amount, and the name, address and phone number of the Contractor. 03/26/2024 C5 148 of 231

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The Contractor shall meet with the Engineer to field measure quantities, and if an agreement is NOT reached, the disputed quantities shall be documented at that time. The Contractor shall not include in his invoice any quantities that have not been approved by the Engineer. The Engineer will not be required to pay for any disputed quantities of work until an agreement is reached with respect to the actual quantity in place. The Engineer may make payments for disputed quantities of work based on his own estimate, until such time that an agreement is reached.

The Agency will make partial payments in accordance with Section 20104.50 of the Public Contract Code, and these specifications. The Agency will pay progress payments within thirty (30) calendar days of receipt of an undisputed, complete and properly prepared payment request from the Contractor, or pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.

Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) calendar days, after receipt.

As part of the request for partial payment, the Contractor shall submit:

1] A list of all subcontractors who worked on the project, along with their PWC Registration Number, so the Agency can ensure that all contractors and subcontractors are registered as required by Labor Code Section 1771.1;
2] Conditional and unconditional lien releases for the Contractor and all subcontractors; 3] An updated construction schedule (showing actual progress of the Work); 4] The Record Drawings (updated to indicate all changes made up to the end of the billing period).
5] Certified payroll records to the Labor Commissioner’s Office;

Partial payments are conditioned upon the Agency having received from the Contractor the schedule update and other specified documents.

Contractor shall provide to City, as a condition precedent to the payment of Contractor’s final retention, a complete list of all subcontractors who have worked on the Project, including their PWC Registration Numbers. This list must be provided at least 30 days prior to the payment of the final retention and shall be submitted under penalty of perjury.

The Agency is required by State Law to withhold final payment to the Contractor until at least 30 days after PWC-100 information has been submitted to the DIR, including the list of subcontractors who worked on the Project.

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Add the following paragraphs to this subsection:

A prime contractor or subcontractor shall pay any subcontractor not later than seven (7) Working Days of receipt of each progress payment for satisfactory performance in accordance with the provision in Section 7108.5 of the California Business Code concerning prompt payment to subcontractors. The seven (7) Working Days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over thirty (30) calendar days may take place only for good cause and with the Agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction, and other remedies of that section.

The Agency will hold retainage from the prime contractor and will make prompt and regular incremental acceptances of portions, as determined by the Agency of the Contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within seven (7) calendar days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the Agency.

9-3.3 Delivered Materials.

Add the following paragraph to this subsection:

Progress payments may include payment for specialty materials that will remain permanent features of the Work, not incorporated in the Work, but delivered and suitably stored at the site or at another location, insured and bonded by the Contractor and agreed to, in writing, by the Engineer. Payment for stored materials will be based on a cost breakdown, acceptable to the Engineer, indicating the value and installation costs of such materials, provided each individual item has a value of more than five-thousand dollars ($5,000). The Agency will pay a maximum of seventy-five percent (75%) of the value of the material, until such time as the material is permanently installed in the Work. The Contractor shall submit a bill of sale, invoice, or other documentation warranting that the Contractor has received the materials free and clear of liens, charges, security interests, and encumbrances, and evidence that the materials and equipment are covered by appropriate property insurance.

9-3.4 Mobilization.

Delete this subsection in its entirety and replace with the following:

9-3.4 Mobilization and Demobilization. Mobilization and Demobilization shall consist of preparatory work and operations, including, but is not limited to those necessary for the move- on and move-off operations such as:
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1] Supplying, maintaining, and finally removing temporary facilities; including portable field office, sanitary facilities, electric power, water, telephone and other utilities, enclosures for storage of construction equipment, products / materials and incidentals;

2] Furnishing all insurance, bonds, licenses, materials, tools, equipment and incidentals involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work or various contractor items on or off the project site;

3] Making arrangements for construction personnel vehicle parking;

4] Application and acquiring permits from other agencies as required for the Project;

5] For other items not directly related to the bid items.

Payment for Mobilization and Demobilization shall be paid for each Work occurrence as shown on the BID SCHEDULE. If no bid item is provided, the cost of the work required to comply with this subsection shall be considered as included in the prices bid for the various items of work.

Placement of facilities and storage of construction equipment and materials shall be approved in advance by the Engineer. All such facilities and equipment shall remain the property of the Contractor. The Contractor shall be held responsible for all damage caused during mobilization and demobilization. The Contractor shall leave all storage areas in a neat clean condition, satisfactory to the Engineer and in accordance with the provisions of storage permits set by the property owner.

9-4 BID ITEMS.

Add the following new subsection:

9-4 BID ITEMS. Payment for the work included in each Bid Item shall be made at the actual quantity constructed, using the units listed in the BID SCHEDULE and the Unit Prices included in the BID. All other work shown or mentioned on the Plans, in the Specifications, or in any one of the Contract Documents shall be considered as included in the related Bid Items shown in the BID SCHEDULE. The Contractor must complete all work that is shown or described in the Contract Documents for each Task Order, whether or not there is a specific Bid Item for that work, and no additional compensation will be allowed. 03/26/2024 C5 151 of 231

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SUPPLEMENTARY TECHNICAL PROVISIONS

AS-NEEDED ASPHALT CONCRETE SPEED BUMPS AND BERMS
CIP NO. 8361

This section makes additions, deletions, or revisions to PART 2 – CONSTRUCTION MATERIALS, PART 3 – CONSTRUCTION METHODS, PART 4 – ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL, AND PART 5 – SYSTEM REHABILITATION of the 2012 Standard Specifications for Public Works Construction (“Greenbook”) and as modified by the 2021 Greenbook whereas stated and as noted. As a convenience, these additions and amendments have been arranged in a format that parallels the Greenbook. All sections and subsections which are not changed remain in full force and effect. Additional Special Provision sections and subsections may be included in these supplements which may be written in a format different from that of the Standard Specifications. These additional Special Provision sections and subsections are intended to complement the Standard Specifications.

PART 2 - CONSTRUCTION MATERIALS

SECTION 200 – ROCK PRODUCTS

200-1 ROCK PRODUCTS.
200-1.1 General.

Add the following paragraph to this subsection:

In accordance with the provisions of Section 20676 of the State of California Public Contract Code, it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon all subcontractors and suppliers under him, to obtain all construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials, including those used in other construction materials such as asphalt concrete and Portland Cement concrete, from a supplier that is included on the most current Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098). Failure to identify the supplier and the mine may result in rejection of the submittal, and any work completed using materials from an unlisted mine will be SUBJECT TO REJECTION.

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200-2 UNTREATED BASE MATERIALS.
200-2.1 General.

Add the following paragraph to this subsection:

Aggregate base shall be Class 2 per Subsection 26-1.02A, “Class 2 Aggregate Base” of the Caltrans Standard Specifications and associated AGGREGATE GRADING REQUIREMENTS and QUALITY REQUIREMENTS tables or Crushed Aggregate Base per Subsection 200-2.2 (“Crushed Aggregate Base.”) and as shown in the gradation in TABLE 200-2.2.2 of Subsection 200-2.2.2 (“Grading.”) of the Greenbook.

Aggregate may include up to one hundred percent (100%) material processed from reclaimed asphalt concrete, Portland Cement concrete, lean concrete base, cement treated base or a combination of any of these materials. It should be noted, this does not change the specification requirements for material or placement quality. It is still the Contractor’s responsibility to verify that any blend of reclaimed paving materials with or without virgin materials shall meet all the specification requirements.

SECTION 213 – ENGINEERING FABRICS

213-2 GEOSYNTHETICS.
213-2.1 General.

Revise this subsection to read as follows:

213-2.1 General. Geosynthetic material used for reinforcing the subgrade or aggregate base, if necessary, as determined by the Geotechnical Engineer, shall be Geogrid BX1100.

SECTION 203 – BITUMINOUS MATERIALS

203-5 SLURRY SEAL.
203-5.4 Emulsion-Aggregate Slurry (EAS).
203-5.4.2 Materials.
203-5.4.2.2 Emulsified Asphalt.

Replace the first two sentences of the first paragraph with the following:

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203-5.4.2.2 Emulsified Asphalt. Emulsified asphalt shall be quick-set CQS-1h and contain latex. Slow-set emulsified asphalt shall not be used without prior approval from Engineer.

Add the following paragraph at the end of the subsection:

Type 1 slurry seal shall be used on residential streets and Type 2 slurry seal shall be used on residential collector streets.

203-5.4.2.4 Latex.

Replace the first sentence with the following:

203-5.4.2.4 Latex. Prior to use the addition and exact percentage of latex to be added shall be approved by the Engineer.

203-6 ASPHALT CONCRETE.
203-6.1 General.

Add the following paragraphs to this subsection:

The grading of the combined aggregates and the percentages of asphalt binder shall be as follows:

Class and Grade
Three-quarter inch (3/4”) Base Course B-PG 64-10 RAP
One-half inch (1/2”) Surface Course C2-PG 64-10 RAP
One-half inch (1/2”) AC Dike PG70-10 RAP

Type III asphalt concrete, which includes Alternate Rock Products-Type S from Section 400, as mentioned in Subsection 203-10.2.4 (“Composition and Grading.”) IS NOT ACCEPTABLE.

A minimum of five (5) Working Days prior to the paving operation, the Contractor shall submit to the Engineer the pavement supplier’s certification of gradation and oil content of the asphalt concrete to be used for this Contract.

PART 3 - CONSTRUCTION METHODS

SECTION 300 – EARTHWORK

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300-1 CLEARING AND GRUBBING.
300-1.1 General.

Add the following paragraphs to this subsection:

Clearing and Grubbing shall include the protection of all items to remain, sawcutting, cold milling AC pavement, demolition of existing improvements, salvaging existing materials (topsoil) and improvements as specified or shown on the Plans, removal of deleterious materials, and proper disposal from the Project site of all existing surface and subsurface materials as required to construct the improvement as shown on the Plans and as described in the Specifications. Typical items to be removed include, but are not limited to, trash, fences, posts, poles, gates, street signs, AC dikes, AC paving, striping (by grinding), decorative concrete, concrete driveway entrance, concrete sidewalk, concrete curb and gutter, concrete headwall structures, retaining walls, landscape border logs, decorative walls, concrete pavers, reinforcing steel, rock, boulders and cobbles, trees, stumps and roots, shrubs, other vegetation or organic materials, soil, irrigation systems, spoils, debris, sewer pipe, storm drain pipe, storm drain inlets and grates, electrical conduits and pullboxes, wire, utility cabinets or boxes, drinking fountains, guardrails, delineators, pavement markers, and all other objectionable materials which interfere with the Work whether or not specifically indicated on the Plans or otherwise shown to be protected or relocated. Abandoned utility lines and structures not removed with Engineer’s approval shall be filled with blown sand and conduits plugged.

Concrete and bituminous pavement shall be removed to neatly sawed edges. Sawcuts shall be to a minimum depth of three inches (3”).

Clearing and grubbing shall also include the relocation, adjusting or salvaging of all facilities so indicated on the Plans which are not designated as separate bid items or which are not included in other bid items.

If there are decorative items on private lots, including decorative concrete pavers, decorative wall blocks, rocks used for landscape decoration, boulders, and custom signs, and the Contractor would prefer to salvage items for the property owners, the items shall be removed carefully and placed at a location near the disturbed area on the private property, with the property owner’s approval.

The Contractor shall remove existing irrigation systems (including both water supply and water distribution lines, electrical supply, and electrical control elements of the system) that are within the Project limits and place these materials on the property owner’s property.

Contractor shall cap ends of cut lines and wires, and mark locations with lath so that property owner can locate them later.

Miscellaneous fencing materials may be encountered during Work. The terminal post of each fence removed shall be reinforced by bracing or other appropriate means to maintain the 03/26/2024 C5 155 of 231

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structural integrity of the portion of fence to remain. Relocation and reconnection of existing fences as shown on the Plans shall include all posts, hardware, and all incidentals necessary to complete the Work.

Terminations for all fire hydrants, WARF type services and associated piping to be removed and salvaged shall be in accordance with the Vista Irrigation District (VID) standards. The minimum requirements shall include removal of piping back to the mainline, closing the valve, and installation of a blind flange and thrust block.

All existing water services shall be relocated or extended to behind curb or behind sidewalk if contiguous to curb. The Contractor shall inspect and verify that the existing service, including the connection at the main, meets current Vista Irrigation District (VID) standards. Where existing services meet VID standards, extension of the service will be allowed at the price bid for water meter relocations.

All existing sewer or water facilities to be abandoned within the proposed Project limits shall be terminated at the mainline in accordance with district requirements. This shall include removal of the sewer and water service back to the main. The sewer lateral shall be capped with a fitting and sealed with concrete at the wye connection. The water service shall be terminated at the corporation stop and the stop closed.

During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials on public or private property. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment shall be made to the Contractor.

During grading operations, the Contractor shall provide temporary graded driveways and continuing maintenance thereof to provide safe, smooth, stable and continuous access to all residences and businesses within the Project area. All costs, if any, associated with such grading operations shall be borne by the Contractor and no additional payment shall be made to the Contractor.

Unless otherwise noted on Plans, the Contractor shall protect all existing sewer, water, electric, telephone, communication, television, fire lines, street lights, traffic signal, red light cameras, irrigation, and other utilities, services and systems, whether shown on the Plans or not. The Contractor shall maintain all services in working condition during the course of the Work. The Contractor shall remove all existing abandoned pipelines and conduits of any type or use, and pipelines and conduits of any type or use that are abandoned during the course of the Work and shall replace said pipelines and conduits with properly compacted soils. The 03/26/2024 C5 156 of 231

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Contractor shall immediately restore to full operation any utilities, services or systems that are disturbed during the course of the Work.

300-1.3.2 Requirements.

Revise paragraph a) to read as follows:

a) Bituminous Pavement. Bituminous pavement shall be removed to clean, straight lines.

Sawcutting of edges to be joined is required, unless the entire pavement section is removed by cold milling. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be cold milling or other method approved by the Engineer, and a minimum laying depth of one and one-half inches (1-1/2”) of new pavement material shall be provided at the edge of new pavement. Where new bituminous pavement adjoins existing pavement, either at a trench or a section where pavement has been removed or is being widened, the edges where new pavement meets existing pavement shall be trimmed to neat straight lines and cold milled a minimum of one and one-half inches (1-1/2”) deep for a minimum of six inches (6”) wide from the edge before paving or resurfacing, to ensure that all surfaces being paved or resurfaced are accessible to the rollers used to compact the subgrade or paving materials, and to provide an overlay key at the join line.

300-1.4 Payment.

Revise this subsection to read as follows:

300-1.4 Payment. The BID SCHEDULE DOES NOT include a bid item for Clearing and Grubbing. Full compensation for any necessary Clearing and Grubbing required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work, and no additional compensation will be allowed therefore. Payment for removal and disposal of abandoned utilities shall be included in the various items of work and no additional compensation will be allowed therefore.

Add the following new subsection:

300-12 EROSION CONTROL.

300-12.1 General.

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300-12.1 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the Plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the Work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work.

The work covers the prevention, control and abatement of waterborne silts, sediments, earth materials, inorganics, chemicals, construction materials, trash, and debris in order that pollution of the existing onsite and downstream watercourses is prevented or minimized. The Work includes preventing, controlling or abating water polluting elements or materials which may result both directly and indirectly from within and outside the Project work limits. This includes water flow from, to, or through the site resulting from rainfall runoff, groundwater movement, and stream storm water discharge.

The work includes:

a] the exercise of care and the execution of every reasonable precaution by the Contractor as required by the conditions of the site, weather and construction activities involved;

b] the implementation of construction of various devices, facilities, or features shown on the Plans;

c] the implementation or construction of any devices, facilities, or programs as required conditions of any regulatory agency permits for the Project. The Work therefore includes, but is not limited to, the construction and / or installation of temporary devices such as hay (straw) bales; silt fences; gravel bags; erosion control netting, fabric, blankets, or mats; silt or sediment basins; dikes or berms; swales, linings; ponds; diversion structures, pipes, and related facilities.

d] the cleaning, repairing, silt and sediment removal, maintenance and the removal of devices.

Note: The Contractor’s attention is also directed to the specific requirements contained within the regulatory agency conditional agreements.

Unless other more restrictive requirements are specified elsewhere in the General Conditions or these Special Provisions, or as a requirement of regulatory or other Agency permits, the following minimum provisions shall be met:

a] Equipment and workers for emergency work shall be made available at all times during the rainy season. All necessary materials shall be stockpiled on site at convenient locations to facilitate rapid construction or deployment of temporary devices when rain is imminent.

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b] Devices shown on the Plans shall not be moved or modified without the approval of the Engineer.

c] The Contractor shall restore all erosion control devices to working order to the satisfaction of the Engineer after each runoff-producing rainfall, and every 24 hours during a prolonged storm event, as needed.

d] The Contractor shall install additional erosion control measures as may be required by the Engineer due to uncompleted grading operations or unforeseen circumstances which may arise.

e] The Contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas when impounded waters create a hazardous condition.

f] During the rainy season and when rainfall is probable, graded areas around the Project perimeter must drain away from the face of slope at the conclusion of each working day.

g] All removable protective devices shown shall be in place at the end of each working day when the five (5) calendar day rain probability forecast exceeds thirty percent (30%).

Compliance with the requirements of this subsection shall in no way relieve the Contractor from his responsibility to comply with the other provisions of the contract, in particular his responsibility for damage and for preservation or property.

Failure to take said measures satisfactory to the Engineer or regulatory agencies will subject Contractor to orders to cease operations. Any losses to Contractor associated therewith shall be at Contractor’s sole expense.

300-12.2 Grading Controls.

300-12.2 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berm, fiber rolls, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the Plans to control on site and off site erosion during the construction period. The Contractor shall protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the “Best Management Practices”, hereinafter BMP, defined and described in the latest edition of the "California Storm Water Best Management – Construction Handbook" as published by the Storm Water Quality Task Force [go to the CASQA on-line bookstore at the following URL to purchase, download or view handbook(s)]:

http://www.cabmphandbooks.com
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The Contractor shall maintain a copy of the latest edition of the "California Storm Water Best Management – Construction Handbook" on the Project site and shall conduct its operations in conformity to said Handbook.

Excavation and Embankment areas, while being brought to grade and during periods of completion prior to final surface construction, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas, and be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include all means necessary to prevent polluted runoff from leaving the site.

300-12.4 Payment.

300-12.4 Payment. Payment for all work required to provide Storm Water Pollution Prevention and Erosion Control shall be included in the lump sum price included in the Bid item per the Bid Schedule. If no bid item is provided, the cost of the work required to comply with this subsection shall be considered as included in the prices bid for the various items of work. Such price shall include full compensation for preparing the Storm Water Management Permit and the Storm Water Pollution Prevention Plan (SWPPP) if required where applicable for the entire contract. Such price shall also include performing erosion control and water pollution control, conforming to the operational requirements herein, providing and maintaining all BMPs, removing all construction BMPs, conforming to the requirements of the current State Water Resources Control Board of California Order, and the current City of Vista Grading Ordinance, for each and every Task Order and no additional compensation will be allowed therefore.

SECTION 301 – TREATED SOIL, SUBGRADE

PREPARATION AND PLACEMENT OF BASE MATERIALS

301-1 SUBGRADE PREPARATION.
301-1.1 General.

Revise this subsection to read as follows:

301-1.1 General. This subgrade preparation specification shall govern the preparation of natural, filled, or excavated material prior to the final placement of subbase or base material, geotextile fabric, drainage facilities, pavement, curbs and gutters, driveways, sidewalks, retaining walls or any concrete facilities or roadway structures. Subgrade preparation shall include, but not be limited to scarification and moisture adjustment and compaction of the top 03/26/2024 C5 160 of 231

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twelve inches (12”) of the subgrade in the pavement areas to ninety-five percent (95%) relative compaction, and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. In areas where existing utilities may interfere with subgrade preparation work in the roadway prism, the Contractor may choose to place geogrid to stabilize the subgrade and reduce the depth of excavation.

Geotechnical (soil) testing of all fill materials; subgrade, subbase, and base will be conducted by the Agency and the Geotechnical Engineer. Geotechnical (soil) tests may include relative compaction tests, sand equivalent tests, sieve analysis, R-values, etc. The results shall be presented directly by the laboratory to the Engineer. No base or PCC pavement shall be placed prior to the subgrade or subbase being compacted, tested and approved by the Engineer.

The cost of any initial geotechnical (soil) tests shall be borne by the Agency. Additional geotechnical (soil) tests due to the failure of one (1) or more of the initial tests shall be conducted by the laboratory and any expenses borne by the Contractor. The Contractor shall make allowances in his construction procedure to permit testing of the Work in progress by the Engineer, authorized representative or the Inspector, and no additional compensation shall be paid to the Contractor for delays due to testing.

301-1.6 Adjustment of Manhole Frame and Cover Sets to Grade.

Revise the first paragraph of this subsection to read:

Utility valve, manhole, and vault frames and covers within an area to be paved or graded will be set by the owners thereof to finished grade. The Contractor shall adjust all storm drain manholes, sewer cleanouts and manholes, water valve sleeves and covers not adjusted by the owner, survey monument covers and other miscellaneous facilities requiring adjustment to the finished grade, unless the adjustment is designated as “By Others”, in accordance with the Contract Documents. Existing manholes shall be ramped with a minimum of ten feet (10’) round with temporary asphalt. Temporary asphalt ramps shall be completely removed prior to asphalt overlay. The area around each manhole must be compacted prior to paving.

Contractor shall be responsible to provide all riser rings, grade rings, slip cans and/or sleeves needed for adjustments. The Contractor shall coordinate with the various utility companies to ensure that the utility companies complete their adjustment work prior to the completion of the Work. Manholes in asphalt concrete pavement shall be set to finish grade in accordance with provisions of 302-5.8. In the case of Portland cement concrete pavement, manhole frames shall be set to finish grade before paving. Repaving required as a result of reconstructing or adjusting all manhole and vault frames and covers to grade shall be the responsibility of the Contractor and the cost thereof shall be included in the bid item for pavement.
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Revise the second paragraph of this subsection to read:

The Contractor shall exercise care so that surface materials such as rocks, dirt, and debris do not enter sewer lines, manholes, valve and cleanout sleeves, and other utility facilities. In order to prevent contamination, Contractor shall provide a three-quarter inch (3/4”) thick plywood platform to be placed on the concrete shelf at the bottom of sewer manholes prior to starting adjustment work. The shape of this platform shall conform to the circumference of the inside wall at the shelf elevation. After the manhole had been adjusted, the material accumulated on the plywood shelf along with the plywood shelf shall be removed from the manhole and disposed of in accordance with Subsection 300-1.3 (“Removal and Disposal of Materials.”) The Contractor shall remove all debris from the interior of manholes, valve covers, and cleanouts and shall clean all foreign material from the top of the frames and covers. The Contractor shall include all costs in the related items of work, and no additional compensation will be allowed.

Add the following new paragraph(s) to this subsection:

Because VID water facility sleeve and cover adjustments in paved areas must be done as the paving operation proceeds, VID typically has a crew working at the same time the Contractor is performing the paving operations. If no payment provision for adjustment or reconstruction is made, payment for such work will be considered included in the related items of work, and no additional compensation will be allowed. However, if VID is not able to perform the work due to an unforeseen circumstance, the Contractor shall adjust those facilities to grade on behalf of VID as the paving work is being done. Because the quantity of VID covers to be adjusted depends on the availability of VID crews to perform the work, the cost shall be included in Stipulated Extra Work Allowance.

301-1.7 Payment.

Revise this subsection to read as follows:

301-1.7 Payment. The BID SCHEDULE DOES NOT include a bid item for subgrade preparation. Full compensation for Subgrade Preparation required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work, and no additional compensation will be allowed therefore.

Payment for adjusting manhole frames and covers to grade, will be made at the Contract unit price for adjusting each manhole frame or cover, using pre-cast concrete grade rings.

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The Bid Schedule lists separate bid items for the adjustment of manholes and other miscellaneous facilities requiring adjustment to the finished grade. Separate bid items are included for adjusting manholes to grade using pre-cast concrete grade rings. The Contractor shall adjust all facilities to grade as required to complete the work in accordance with the standards of the facility owner, unless those facilities are designated to be adjusted to grade “By Others”. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for Adjust 24-inch Manhole to Finish Grade and Adjust 36-inch Manhole to Finish Grade, and no additional compensation will be allowed.

301-2 UNTREATED BASE.
301-2.1 General.

The Contractor will be allowed to reuse any existing base that is removed if the base material is removed without being contaminated by subgrade soils or other deleterious materials. The re-used base material must be moisture conditioned and compacted as specified. The Contractor shall provide water and compact the surface of any base material that will form the foundation for subsequent improvements, to meet the requirements of the Plans and specifications. The Contractor shall remove and replace any existing aggregate base that becomes contaminated.

301-2.3 Compacting.

Add the following as the first paragraph:

301-2.3 Compacting. It shall be the Contractor’s responsibility to provide adequate equipment and methods to accomplish the Work in accordance with these Specifications. The grading shall be done to the elevations provided in the Plans. Any field conditions that prevent the Contractor from matching design elevations shall be immediately notified to the Engineer.

Revise the third paragraph of this subsection to read as follows:

The relative compaction of each layer of compacted base material shall not be less than ninety-five percent (95%) for curbs, driveways and pavement for a minimum depth of one foot (1.0’) below the grading plane. Compaction under sidewalks and in the excepted areas shall be as specified in Subsection 211-1 (“Compaction Tests.”) with each layer of compacted base material having a minimum compaction of ninety percent (90%).

301-2.4 Measurement and Payment.

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Revise this subsection to read as follows:

301-2.4 Measurement and Payment. Payment for untreated compacted aggregate base will be included in the related surface improvement the aggregate base supports. Such bid price shall include full compensation for clearing and grubbing; earthwork; subgrade preparation; supplying, placing, spreading, compacting, and finishing the untreated base; and all other work required to perform the construction operations specified or shown on the Plans, and no additional compensation will be allowed therefore.

SECTION 302 – ROADWAY SURFACING

302-1 COLD MILLING OF EXISTING PAVEMENT.
302-1.1 General.

Add the following paragraphs:

For resurfacing, the existing asphalt concrete pavement shall be cold milled for pavement removal, header cuts and edge cuts, as detailed on the Plans and in the City of Vista Standard Cold Milling Details. The Contractor shall cold mill pavement adjacent to all concrete gutters, median curbs, AC Berms, across intersecting side streets, and at the project limits. The cold milled area for edge cuts and header cuts on low-volume side streets will be at the width shown on the Plans, or a minimum of five feet (5’) wide, and tapered from the one and one-half inches (1-1/2”) minimum depth to a depth of zero inches (0”). Header cuts for high-volume side streets and across the main street will be a minimum of ten feet (10’) wide, tapered from one and one-half inches (1-1/2”) minimum depth to zero inch (0”) depth.

The Contractor shall cold mill around drain grates in the street, to maintain positive drainage toward the drainage structure after new asphalt concrete is placed. Prior to cold milling, the Contractor shall provide covers over all existing storm drain grates and inlets to prevent entry of debris.

The pavement removal thicknesses and resurfacing thicknesses may exceed the thickness of the existing asphalt concrete pavement. The contractor shall remove asphalt concrete, base, subbase, and subgrade materials to the specified depth, using cold milling or other removal methods. The Contractor shall be prepared to perform the required cold milling, removals, subgrade preparation, and compaction work before pavement is replaced, whether the existing asphalt concrete pavement section is thicker or thinner than the specified asphalt concrete pavement section.

Contractor shall furnish one or more cold milling machines operated by experienced workmen. The surface produced shall have a tolerance so that a ten-foot (10’) straight edge laid laterally will indicate variance of less than three-sixteenth of an inch (3/16”). Removal 03/26/2024 C5 164 of 231

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shall consist of: (1) planning and cutting the pavement to form a keyway header cut; and (2) removing the loosened material. Loosened material shall be stored on the property of the Contractor and shall be disposed of off-site at the end of each workday.

Directly following the cold milling operation, all asphalt pavement joints within travel lanes that have vertical separation of more than one-half inch (1/2”) shall be ramped with temporary asphalt concrete. Tamps shall be no less than ten feet (10’) in length from the joint and shall extend across all travel lanes. Temporary asphalt ramps shall be completely removed and disposed of the job site prior to overlay application.

After cold milling and at least twenty-four (24) hours prior to overlay, all cracks shall be sealed in accordance with Subsection 302-1.7.1 (“Crack Sealing.”).

302-1.8 Disposal of Millings.

Add the following paragraph:

Prior to acceptance of the work, the Contractor shall sweep and/or remove all loose material created by the work from streets, gutters, curbs, medians, parkways, sidewalks, intersecting streets, adjacent lots, and driveways.

302-1.9 Traffic Signal Loop Detectors.

Add the following after the last sentence:

The Contractor shall notify the Engineer a minimum of three (3) Working Days prior to the start of cold milling asphalt concrete pavement on any street containing traffic signal loop detectors.

302-1.10 Pavement Transitions.

Revise this subsection to read as follows:

302-1.10 Pavement Transitions. The Contractor shall trim edges with a saw to neat straight lines at all locations where new asphalt concrete pavement is joining or overlaying existing asphalt pavement. The Contractor shall also cold mill the edge a minimum of one and one-half inches (1 1/2”) deep for a minimum of six inches (6”) wide from the existing edge before paving or resurfacing. These measures are required to ensure that all surfaces being paved or resurfaced are accessible to the rollers used to compact the subgrade or paving materials, and to provide an overlay key at the join line. All temporary structures and vertical 03/26/2024 C5 165 of 231

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joints in the cold-milled area which are transverse to through traffic and greater than one inch (1”) in height, shall be ramped with temporary asphalt concrete pavement as specified in Subsection 306-1.5.1 (“Temporary Resurfacing.”). Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving is installed. Ramp dimensions and compaction shall be approved by the Engineer.

302-1.11 Measurement.

Revise this subsection to read as follows:

302-1.11 Measurement. Quantities of cold milling shall be measured as shown in the Bid Schedule.

302-1.12 Payment.

Revise this subsection to read as follows:

302-1.12 Payment. Full compensation for any necessary cold milling and construction, removal and disposal of temporary asphalt concrete ramps required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid as shown on the Bid Schedule, and no additional compensation will be allowed therefore.

302-3 (Not Used)

Revise this subsection to read as follows:

302-3 Crack Sealing

302-3.1 General. In areas where an overlay of asphalt concrete is to be made on existing paving, all cracks one-eighth inch (1/8”) wide or wider shall be sealed prior to the construction of an asphalt concrete overlay. The Engineer will make the sole determination as to which cracks shall be sealed.

All cracks one-eighth to one and one-half inches (1/8” – 1-½”) wide shall be sealed with a hot applied rubberized asphalt sealant. The sealant shall be Crafco Polyflex Sealant, Type 2 or 3, or an approved equal. The Sealant shall be applied in accordance with the manufacturer’s instructions.

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Cracks greater than one-quarter inch (1/4”) wide but less than one-half inch (½”) wide shall be cleaned full depth by routing and blowing operations prior to applying the sealant.

Cracks one-half inch (½”) wide but less than one and one-half inches (1-½”) wide shall be cleaned full depth by blowing operations prior to applying the sealant.

All cracks one and one-half inches (1-½”) or wider shall be cleaned full depth, a tack coat applied to the edges and filled with a fine asphalt concrete hot mix.

Care shall be taken to avoid excess sealant being applied to the existing asphalt concrete surface. A squeegee shall be used to spread out excess sealant on small cracks. There shall be a one-half inch (½”) deep cup-shaped groove between the existing asphalt concrete surface and the top crack sealant placed in cracks one-half inch (½”) wide or wider. Excess sealant, as solely determined by the Engineer, shall be removed at the Contractor’s expense.

Contractor shall keep traffic off of areas receiving crack seal until it has cured to the point where it will not be removed from cracks by vehicle tires. Cracks shall be sealed a minimum of seven (7) days prior to placing asphalt concrete overlay.

302-3.2 Measurement and Payment. Quantities of crack sealing for asphalt concrete overlay will be measured as shown in the BID SCHEDULE. Full compensation for any necessary crack sealing will be considered as included in the price bid for Asphalt Crack Filling, and no additional compensation will be allowed therefore.

302-5 ASPHALT CONCRETE PAVEMENT.
302-5.1 General.

Revise the first paragraph of this subsection to read as follows:

302-5.1 General. Asphalt concrete pavement shall consist of two (2) or more courses of a mixture of paving asphalt and graded aggregate as specified in Subsection 203-6 (“Asphalt Concrete.”), placed on a prepared surface of existing or new untreated base, or over existing paving, as necessary to construct the roadway as shown on the Plans or as required to complete the Work (i.e. where new curb is placed, utility cuts, and manhole reconstruction area). The courses shall be of the type of mixture specified. The thickness of asphalt concrete pavement for initial patch areas next to gutters, spandrels, and curbs shall be a minimum of six inches (6”), and the thickness in trenches next to curbs and driveways and in trenches shall be one-inch (1”) thicker than the existing pavement. The initial asphalt concrete patch base course for the items of work shown on the Plans shall be placed full depth from the aggregate base to the existing pavement surface as soon as the adjacent improvements are cured sufficiently to allow the paving to proceed. The initial asphalt concrete patch shall be placed in multiple move-ins to accommodate the required traffic control and staging phases, and to ensure that traffic is allowed to use the improvements as quickly as possible. Asphalt concrete in streets and parking lot areas where there is no base shall be placed on a prepared section 03/26/2024 C5 167 of 231

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of subgrade material to the thickness shown on the Plans. The surface course of asphalt concrete shall be a minimum of one and one-half inches (1-1/2”) thick with a one inch (1”) minimum thickness at the overlay key. The surface course shall be placed in the minimum number of move-ins necessary to accommodate the required traffic control and staging phases, but minimize the joints in the new asphalt concrete surface. Before the surface course is placed, the edges of existing pavement shall be cold milled to form an overlay key as shown on the Plans or as specified.

In a parking lot, the entire accessible parking stall and loading area shall not exceed two percent (2.00%) in any direction, NO EXCEPTIONS.

Add the following paragraph to read as follows:

Temporary asphalt concrete pavement and striping may be required to implement the traffic control and construction phasing shown on the Plans or specified. In sidewalk areas temporary AC surfacing shall be at least one inch (1”) thick. In the streets, a greater thickness may be required. Temporary surfacing and striping shall be placed before the end of the work period so traffic can be restored at the time of day specified, and it shall remain in place or be replaced regularly until the area is ready for permanent pavement and striping. Full compensation for all work required to install, maintain, and dispose of temporary asphalt concrete pavement and striping will be considered as included in the price bid for Traffic Control and Construction Phasing and no additional compensation will be allowed therefore.

302-5.4 Tack Coat.

Replace the first sentence of the first paragraph with the following:

302-5.4 Tack Coat. If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a Tack Coat of PG 64-10 paving asphalt shall be uniformly applied at a rate no less than 0.07 gallons per square yard (g/sq. yd.) upon the existing pavement preceding the placement of asphalt concrete. Payment for this item shall be included in the unit price for the related asphalt concrete pavement or overlay and no additional compensation will be allowed.

Replace the third paragraph with the following:

If the asphalt concrete pavement is being constructed directly upon an existing hard- surfaced pavement, a Tack Coat of PG 64-10 paving asphalt shall be uniformly applied at a rate no less than 0.07 gallons per square yard (g/sq. yd.) upon the existing pavement preceding the placement of asphalt concrete. Payment for this item shall be included in the 03/26/2024 C5 168 of 231

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unit price for related asphalt concrete pavement or overlay and no additional compensation will be allowed.

302-5.5 Distribution and Spreading.

Add the following paragraphs:

In addition to the requirements in Subsection 302-5.5 (“Distribution and Spreading.”) of the Standard Specifications, asphalt paving equipment shall be equipped with automatic screed controls and a sensing device or devices. When placing asphalt concrete, the automatic controls shall control the longitudinal grade and transverse slope of the screed.

Grade and slope references shall be furnished, installed, and maintained by the Contractor.

At locations where new asphalt concrete pavement joins an unimproved shoulder, the Contractor shall taper the new asphalt edge by raking out all aggregate three-eighths inch or larger (3/8+”) and feathering the new paving to form a smooth transition to join the unimproved shoulder. The transition shall extend a minimum of eighteen inches (18”) onto the shoulder. Additional tack coat shall be applied to all tapered transitions to prevent raveling of the new pavement. Tapers shall be raked, rolled, and compacted so there is no lip exceeding one-quarter inch (1/4”).

Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Subsection 302-5.6.2 (“Density and Smoothness.”) of the Standard Specifications, the paving operations shall be discontinued and the Contractor shall modify their equipment or furnish substitute equipment.

Careful attention shall be given to maintaining proposed surface drainage conditions during placement of asphalt overlay. Unless otherwise directed by the Engineer, existing drainage patterns shall be maintained.

Should the automatic screed controls fail to operate properly during any work period, the Contractor may use manual control of the spreading equipment for the remainder of the work period; however, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this Subsection before starting another work period.

Prior to placing asphalt concrete, the Contractor shall provide covers over all existing storm drain grates and inlets to prevent entry of debris.

The streets identified for overlay may have rutting, offset crowns, high spots, or low spots that need to be corrected to re-establish the proper street grade. Cold milling shall be used to 03/26/2024 C5 169 of 231

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remove high spots. Tack coat and leveling courses of asphalt concrete shall be placed to fill low spots and ruts and to re-establish street grades prior to the placement of asphalt concrete overlay. The Contractor shall use cold milling to remove high spots and to provide joints for AC leveling course, in areas as directed by the Engineer. The Contractor shall place tack coat in the areas delineated by the Engineer, and rake the edges of the variable thickness AC leveling course to create smooth feathering. If a quantity of AC leveling course is included in the Bid Schedule, it is a rough estimate for bidding purposes. Subsequently, these bid items are exempt from the adjustment of bid unit prices under Subsection 3-2.2.3 (“Decreases of More than 25 Percent.”). If Leveling Course is needed, that work shall be directed by the Engineer in the field. The Contractor shall cooperate with the Engineer in placing the leveling course as required to re-establish street grades, and perform the work as directed by the Engineer.

302-5.6 Rolling.
302-5.6.2 Density and Smoothness.

Add the following paragraphs to this subsection:

Contractor shall have a ten foot (10’) straightedge onsite at all times during all paving operations for use in checking the smoothness of the surface.

The finished surface of the asphalt concrete pavement shall be placed three-eighths inch (3/8”) above the gutter lip to allow full compaction of the asphalt at the gutter edge and to prevent damage to the gutter lip caused by the roller.

At curb ramps the finished surface of the asphalt concrete pavement shall be placed one- eighth inch (1/8”) above the gutter lip. If the asphalt concrete surface is more than one- quarter inch (1/4”) above the lip or if the slope of the asphalt concrete surface at the gutter lip exceeds five percent (5%), the Contractor shall grind the pavement until it is equal to or less than five percent (5%) and flush with the gutter lip.

302-5.7 Joints.

Add the following paragraph to this subsection:

Joints between successive runs shall be placed to match striped lane lines. If this placement pattern cannot be met, joints between successive runs shall be in the center of the driving lane.

302-5.8 Manholes (and Other Structures).

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155

Add the following paragraphs to this subsection:

The Contractor shall mark out and note locations of all manholes, covers, survey monuments, vaults, and other structures located at the street surface before paving operations commence. As the paving operation proceeds, the Contractor shall mark all manholes and other structures with paint for the owner’s ease in locating them in case of an emergency.

The Contractor shall adjust all storm drain manholes, sewer cleanouts and manholes, water valve sleeves and covers, survey monument covers and other structures requiring adjustment to the finished grade within the areas to be paved or planted in accordance with these Project Specifications and the Standard Specifications. The Contractor shall coordinate the adjustment of the covers with the associated utility owner and make sure the utility covers are uncovered and adjusted to grade immediately after the final paving to maintain access in case of an emergency. Frames and covers may need to be temporarily adjusted to be safe and provide access to the utilities during separate base course and surface course paving operations, but only the final adjustment will be a pay item. Repaving required as a result of reconstruction or adjusting frames and covers to grade shall be the responsibility of the Contractor and the cost thereof shall be included in the bid price paid for the related items of work requiring such adjustment.

Sewer and storm drain manholes belonging to Vista shall be adjusted or reconstructed in accordance with the Vista Sewer System Design Standard Specifications. Manholes are either twenty-four inch (24”) single covers or thirty-six inch (36”) two-piece covers. Some manholes have existing cast-iron adjustment rings. For manholes that are in good condition and have no more than one cast-iron adjustment ring, the Contractor may adjust the manholes to grade using another cast-iron adjustment ring, for a maximum of two cast-iron rings. If the grout around the upper precast concrete riser rings or the frame is defective, the Contractor shall adjust the manhole to grade by removing the cover and frame, salvaging the cast-iron rings, and removing the precast concrete rings until the grout in the remaining precast concrete rings is in good condition, as determined by the Engineer. Then the Contractor shall adjust the frame and cover to grade using new precast concrete riser rings. If the cover is sitting low in the existing frame or adjustment ring, or the frame or cover is defective, the Contractor shall salvage the existing frame, cover, and rings, supply a new frame and cover, and adjust the new frame and cover to grade using precast concrete riser rings. If any manhole is defective to the extent that it requires fifteen inches or more (15”+) of pre-cast concrete riser rings to adjust the cover to grade, the Contractor shall reconstruct the manhole as described in the Specifications.

The Contractor shall exercise care so that surface materials such as rocks, dirt, and debris do not enter sewer lines, manholes, valve and cleanout sleeves, and other utility structures.

In order to prevent contamination, Contractor shall provide a three-quarter inch (3/4”) thick plywood platform to be placed on the concrete shelf at the bottom of sewer manholes prior to 03/26/2024 C5 171 of 231

156

cold milling pavement work. The shape of this platform shall conform to the circumference of the inside wall at the shelf elevation. After the manhole had been adjusted, the material accumulated on the plywood shelf along with the plywood shelf shall be removed from the manhole and disposed of in accordance with Subsection 300-1.3 (“Removal and Disposal of Materials.”) The Contractor shall remove all debris from the interior of manholes, valve covers, and cleanouts and shall clean all foreign material from the top of the frames and covers.

Within five (5) Working Days of placing the asphalt concrete, the Contractor shall complete the adjustment of the manholes and miscellaneous utility frames and covers to grade.

Immediately after the overlay operation, the Contractor shall mark all manhole and miscellaneous utility frames and cover locations with paint for ease of locating them in case of an emergency.

The tops of reset manholes and miscellaneous utility frames and covers shall meet the smoothness requirements as specified in Subsection 302-5.6.2 (“Density and Smoothness.”) and be reconstructed per the City of Vista Standard Drawing SWR-33 (“SEWER MANHOLE RECONSTRUCTION”).

302-5.9 Measurement and Payment.

Revise the first paragraph of this subsection to read as follows:

302-5.9 Measurement and Payment. Asphalt concrete pavement will be paid for at the Contract Unit Price per Ton as shown in the bid. Quantities of asphalt concrete pavement will be determined by adding up the total of all certified material tickets for asphalt concrete delivered and placed for the Project. The unit price bid for asphalt concrete pavement shall include full compensation for clearing and grubbing, unclassified excavation and fill, cold milling, subgrade preparation and applying tack coat, supplying and placing the base course and surface course asphalt concrete, compacting and finishing the asphalt concrete pavement, and all other related items of work, and no additional compensation will be allowed.

Re-setting or adjusting manholes, covers, vaults, valves, boxes or other miscellaneous facilities to grade will be paid for as provided in Subsection 301-1.7 (“Payment.”).

Add the following new subsection:

302-5.10 Asphalt Concrete Dig outs.
302-5.10.1 General.

302-5.10.1 General. Areas of asphalt concrete dig outs and Full Depth AC Patch shown on the Plans or as marked in the field by the Inspector shall be removed to a depth of six inches (6”) or eight inches (8”), as shown on the Plans, unless otherwise directed by the Engineer. 03/26/2024 C5 172 of 231

157

The depth of the AC Pavement Dig-Out is measured from the existing surface, and does not include the thickness of any AC Overlay placed after the AC Pavement Dig-Out. All dig outs shall be a minimum of four feet (4’) in width. Full Depth AC Patch adjacent to new gutters or other concrete shall be a minimum of one foot (1’) wide.

If the removal is not done by the cold milling method, the area to be removed must first be saw cut. Residue resulting from saw cutting operations shall not be permitted to flow into storm drains or across shoulders or lanes occupied by public traffic, and shall be removed from the pavement surface.

Before asphalt concrete is placed in the areas of Asphalt Concrete Dig outs or Full Depth AC Patch adjacent to new gutters or other concrete, exposed base, subbase, or subgrade material shall be compacted per Subsection 301-1 (“SUBGRADE PREPARATION.”). The dig out area shall be paved with asphalt concrete, during the same work period as the removal in accordance with Subsections 203-6.3.2 (“Aggregate.”) and 302-5 (“ASPHALT CONCRETE PAVEMENT.”). Six inch (6”) Full Depth AC Patch areas shall be paved with asphalt concrete in two lifts, including a four inch (4”) thick base course a two inch (2”) thick surface course, in accordance with Subsections 203-6.3.2 (“Aggregate.”) and 302-5 (“ASPHALT CONCRETE PAVEMENT.”), as soon as practical after the adjacent concrete has cured sufficiently. If the street where the area of the Full Depth AC Patch is constructed will not receive an asphalt concrete overlay, the Full Depth AC Patch area shall be cold milled two inches (2”) deep for a minimum of six inches (6”) wider than the patch, and the two inch (2”) thick surface course shall be placed the entire width, as shown in the City of Vista Standard Drawing SRF-13 (“PAVEMENT RESTORATION DETAILS”). If the street where the Full Depth AC Patch is constructed will receive an asphalt concrete overlay, the Full Depth AC Patch area shall be cold milled and resurfaced in accordance with the City of Vista Standard Drawing SRF-12 (“COLD MILLING DETAILS”).

Areas of four inch (4”) Cold Milling and four inch (4”) Asphalt Concrete Pavement for “Pavement Replacement streets” are shown on the Plans, and shall be marked in the field by the Inspector prior to construction. These areas shall be removed to a depth of four inches, unless otherwise directed by the Engineer. Existing AC Dike or rolled berms shall be protected in place, unless the Inspector directs the Contractor to remove and replace the dikes or rolled berms. The Inspector may also direct the Contractor to install new AC Dike to maintain drainage patterns or to channelize traffic.

No dig outs shall remain open between work periods.

302-5.10.2 Measurement and Payment.

Six Inch (6”) Type ‘A’ AC Dike will be measured by the linear foot, or as shown in the Bid Schedule, to the limits of the new AC Dike, unless the work is covered by another Bid Item.

Payment for Six Inch (6”) Type ‘A’ AC Dike will be made at the unit prices set forth in the Bid. 03/26/2024 C5 173 of 231

158

Such price shall constitute full compensation for applying tack coat, supplying and placing asphalt concrete dike, compacting dike using machines or by hand rolling and compacting as directed by the Inspector, and providing smooth transitions to adjacent improvements.

SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS,

AND PAVEMENT MARKERS

314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. 314-2.1 General.

Replace the first sentence in the first paragraph with the following:

314-2.1 General. The Contractor shall remove all existing traffic striping, including existing striping that has been painted over with black paint, and pavement markings by wet or dry sandblasting, high velocity water jet, grinding, or other methods to accommodate the final pavement striping and markings to the fullest extent possible from the pavement that does not materially damage the surface or texture of the pavement or surfacing. Sand or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the Work progresses. Accumulations of sand or other material, which might interfere with drainage or might constitute a hazard to traffic, will not be permitted.

Add the following paragraph:

For resurfacing projects, yellow thermoplastic containing lead may be left in place and paved over if possible, to avoid issues related to removing and disposing of hazardous materials. If yellow thermoplastic must be removed, the Contractor shall handle and dispose of the material as lead-bearing hazardous waste.

314-2.2 Measurement.

Delete this subsection in its entirety.

314-2.3 Payment.

Replace this subsection in its entirety with the following:

314-2.3 Payment. Payment for removal of traffic striping, curb markings, and pavement markings will be made at the Lump Sum price or considered as included in the prices Bid for other related items of work.

03/26/2024 C5 174 of 231

159

314-3 REMOVAL OF PAVEMENT MARKERS.
314-3.1 General.

Replace the first sentence in the first paragraph with the following:

314-3.1 General. All existing raised pavement markers shall be removed before paving work proceeds and shall be performed in such a manner as to leave the existing pavement undamaged.

314-3.2 Measurement.

Replace this subsection in its entirety with the following:

314-3.2 Measurement. Removal of traffic striping and markings will be measured as a lump sum item.

314-3.3 Payment.

Replace this subsection in its entirety with the following:

314-3.3 Payment. Payment for removal of pavement markers will be considered as included in the prices Bid for other various bid items of Work and no additional compensation will be allowed.

314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. 314-4.3 Painting Traffic Striping and Curb and Pavement Markings. 314-4.3.1 General.

Replace the first sentence in the first paragraph with the following:

The work shall consist of applying painted (including glass beads) traffic striping, curb and pavement markings, concrete wheel strops, and new red curb and blue curb at the locations shown on the Plans.

Add the following paragraphs:

If a portion of a crosswalk or limit line is disturbed by construction, then the entire crosswalk or limit line shall be removed and replaced, or restriped. 03/26/2024 C5 175 of 231

160

All striping, RPM’s, and pavement markings that are disturbed by construction shall be replaced. If the Plans or Project Exhibits show striping plans, all interfering striping and marking shall be removed, and new striping and marking shall be installed as shown on the plans. If no striping plans are provided, existing striping shall be replaced in kind.

All intersection limit lines, pavement legends, and white crosswalks to be replaced shall be thermoplastic. Other striping and yellow crosswalks shall be painted. New raised pavement markers shall be installed as required by the California Manual on Uniform Traffic Control Devices and the Caltrans Standard Plans, even if they were not previously on the street. Blue raised reflective pavement markers shall be installed at all fire hydrants.

The locations of all signs, including those to be relocated or replaced, must be approved by the Traffic Engineering Division of the Engineering Department before placement. All signs shall be installed on metal sign posts, unless wood posts are specified. If wood posts are called out on the Plan, the posts shall be four inch by four inch (4” x 4”) pressure-treated unpainted wood, anchored in undisturbed soil a minimum of twenty-four inches (24”) below finished grade and backfilled with post-hole concrete above twenty inches (20”) of sand). If in sidewalk area, wood post backfill shall be four inches (4”) of concrete above twenty inches (20”) of sand or gravel, inside an eight inch diameter (8”ø) PVC sleeve. The installation of wood sign posts shall be rejected if posts are damaged, bent or splintered. Technical Provisions from these specifications shall take precedence over other specifications. If not otherwise specified, the work required for Traffic Striping and Signing shall conform to these specifications.

314-4.3.7 Payment.

Replace the subsection in its entirety with the following:

314-4.3.7 Payment. The quantities of traffic striping, signing and pavement markings shall be measured as a lump sum, complete in place, as shown on the Plans, and as specified in the BID SCHEDULE. Payment for bid items related to all striping, signing and pavement markings shall be at the lump sum or unit prices specified in the BID SCHEDULE and shall constitute full compensation for all materials, labor, equipment, tools, mobilization, clearing and grubbing, excavation, placing and removing temporary striping and striping tabs, painting legends and pavement markings, salvaging signs and delivering them to the Agency’s Public Works Yard at 1165 E. Taylor Street, installing new signs on new and existing posts or poles, providing, painting and installing concrete wheel stops, painting new red curb and blue curb, painting all parking stalls, handicap legends, and incidentals necessary as specified, and no additional compensation will be allowed.

***END OF SECTION***

03/26/2024 C5 176 of 231

Appendix A:

City of Vista Encroachment Permit Application
Form

03/26/2024 C5 177 of 231

ENGINEERING DEPARTMENT
200 CIVIC CENTER DR.

VISTA, CA 92084
(760) 639-6111
CONTRACTOR'S MAILING ADDRESS:

ZIP
PHONE#: FAX#:

DESCRIPTION OF WORK:

START
DATE

ESTIMATED

COMPLETION DATE
[email protected]
[email protected]
TRAFFIC CONTROL PLANS (1 COPY)
SITE PLAN / VICINITY MAP (1 COPY)
JOB AND OR DRAWING NUMBER:

ASSESSOR'S PARCEL NUMBER (APN):

STATE LICENSE NUMBER
Please print required information

ENCROACHMENT PERMIT APPLICATION FORM

BUSINESS LICENSE NUMBER
ISSUED BY: DATE:

Version Date 06-29-18
NOTICE: THIS IS NOT AN ENCROACHMENT PERMIT - CONTRACTOR MUST SIGN ACTUAL PERMIT IN PERSON FOLLOWING CONTACTS:

CITY OF VISTA BUSINESS LICENSE (1 COPY)
CALOSHA PERMIT (1 COPY)

PLEASE SEND EMAIL SUBMISSIONS TO BOTH OF THE
JOB SITE ADDRESS OR DESCRIPTION:

WORKMAN'S COMP INSURANCE (1 COPY)
PERMIT #: PERMIT EXPIRATION DATE:

CITY
EMAIL ADDRESS:

CONTRACTOR:

DATE
48 HOUR NOTICE REQUIRED FOR

INSPECTION AND PRIOR TO START OF WORK
CALL (760) 639-6113

YOU MUST CALL UNDERGROUND SERVICE ALERT AT
(1-800-422-4133)
(2) WORKING DAYS PRIOR TO WORK
UNDERGROUND SERVICE ALERT NO. _________________

THIS PERMIT IS INVALID WITHOUT THIS NUMBER
A CASH SECURITY is required for trench excavation or any work not covered by construction bonds. CASH SECURITY shall be a minimum of $500 or equal to the cost of the proposed improvements within the City's right-of-way. CASH SECURITY may be returned as follows. For deposit amounts greater than $500, ninety percent (90%) of the CASH SECURITY may be returned upon completion and approval of the improvements by the City Engineer or his designee. The remaining ten percent (10%) or a minimum of $500 will be retained for a period of (1) year after the date that the work is completed. CASH SECURITY will be forfeited and used to correct defects, unacceptable work, trench failures or subsidence if corrective work is not completed within (5) working days after notification.

JOB SITE CONTACT:

CELL PHONE #

SIGNATURE

PRINT NAME
CONSTRUCTION PLANS (1 COPY)
LIABILITY INSURANCE (1 COPY)

THE FOLLOWING MUST BE INCLUDED OR EMAILED
WITH PERMIT APPLICATION:

I agree to save, keep and hold harmless the CITY OF VISTA, its officers and agents, from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or omission by the contractor, or any of the contractor's employees, or any sub-contractor. The CITY OF VISTA will not be liable for any accident, loss or damage to the work prior to its completion and acceptance.

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability, for workman’s compensation or to undertake self-insurance in accordance with the provisions of said Labor Code and I will comply with such provisions before commencing the performance of the work of this contract.

I hereby acknowledge that I have read this application and certify that the information given is correct. I agree to comply with all applicable city ordinances, state laws and with the requirements of this permit.
03/26/2024 C5 178 of 231

CITY OF VISTA
Requirements for Encroachment Permits

1.Must have State Contractor’s License.

2. Required License Types: For trenching, only A, C-34, C-36 & C42 allowed Additional License Types may be allowed for Surface Improvements

3. State of California Occupational Safety and Health Permit (CALOSHA).

4. Must submit applicable Underground Service Alert Number, if applicable.

5. Must have valid City of Vista Business License.

6. Must have Workers Compensation Insurance with the City of Vista as Certificate Holder.

7. Must have Liability Insurance with the City of Vista listed as the Certificate Holder and as Additional Insured.

If working in a street or easement, liability amount must be at least $1,000,000.00 For surface improvements - sidewalks or driveways amount must be $500,000.00

8. Must have $1,000,000.00 of pollution liability insurance if doing any work on or within public sewer manholes or public sewer mains.

PLEASE NOTE
Additional Insured Endorsements must be included
as attachments to the Certificate of Liability Insurance ***** Endorsements must cover Ongoing and Completed Operations *****

8. Permit Fee & Required Cash Trust Deposit: Minimum cost of permit is $1,437.00 plus a minimum cash trust deposit of $500.00 or an amount equal to the cost of the improvements being done within the City’s right-of-way. Minimum permit fee covers 3 hours of inspection time and 30 minutes for preconstruction meetings. Additional fees will be due if more than 3 hours of inspection time is required.

Trust Deposit may be returned as follows.

Ninety percent (90%) of Cash Deposit may be returned upon completion and approval of the improvements by the City Engineer or his designee.

The remaining ten percent (10%) or a minimum of $500.00 will be held for a period of one year after the completion and final approval of the work and may be returned if the funds are not required to correct improvement defects, unacceptable surface work and trench failure or subsidence which is not corrected within (5) working days after notification.

APPROVABLE TRAFFIC CONTROL PLANS MUST TO BE SUBMITTED WITH PERMIT APPLICATION. ISSUANCE OF PERMIT MAY BE DELAYED IF NOT SUBMITTED.

TRAFFIC CONTROL PLANS MUST MEET ALL REQUIREMENTS MANDATED WITHIN THE CALIFORNIA MANUAL ON TRAFFIC CONTROL DEVICES.

Version Date 06-29-18
200 Civic Center Drive • Vista, CA 92084 • Ph 760-639-6111 • Fax 760-639-6112 03/26/2024 C5 179 of 231

CITY OF VISTA - Notice
200 Civic Center Drive * Vista, CA 92084 * 760-639-6111 * Fax 760-639-6112 Ver 01-03-19
The following General Conditions shall be considered a part of the City of Vista Encroachment Permit
General

1.Telephone Engineering Inspection at 760-639-6113, 48 hours prior to any work in the City right-of-way.

2.The Encroachment Permit shall be kept on the worksite during all ongoing work with a traffic control plan clearly showing all affected streets and sidewalks and how vehicular and pedestrian traffic is being handled in accordance with standards approved by the City.

3.The traffic control plan must be prepared by either a California licensed Traffic Control Services Consultant (C31 Contractor’s License – Construction Zone Traffic Control Contractor), or be a California registered Traffic or Civil Engineer.

4.The traffic control plan must be in accordance with the latest edition of the California MUTCD or the San Diego Regional Standard Drawings.

5.Traffic control shall be set and maintained per the City approved traffic control plan. Barricades shall be Type II Flashing, with reflectorized delineators and signs, if required for night operations.

Minimum lane width is 11 feet.

6.Flagmen shall have a safety vest with a Stop paddle.

7.No street shall be closed without the approval of the Traffic Engineer pursuant to a City approved traffic control plan.

8.Pedestrian walkway shall be left open or detoured using a minimum four-foot wide safe passage way pursuant to a City approved traffic control plan.

9.Normal working hours are 7:00 a.m. – 5:00 p.m., Monday through Friday unless indicated otherwise on the City approved traffic control plan.

10.Work in the public right-of-way shall be Monday through Friday only. No work is allowed on Saturday, Sunday or City Holidays without prior City approval.

11.Upon permit expiration, all work ceases until a new permit application is submitted and approved.

Existing permit time extensions requests must be submitted prior to expiration date of permit.

12.No construction vehicles shall be parked upon public sidewalks. VCC 10.24.040.

13.Prior to obstructing the ingress/egress of any residential, commercial or industrial site, permittee is required to give property owner and the City 24 hour notice, whenever the permitee’s operations hinders vehicular or pedestrian traffic, whether public or private. The permitee shall construct and maintain such structures as required to provide safe ingress/egress through a construction site. All public and private access restrictions must be clearly shown on the traffic control plan submitted by the contractor for City review and approval.

14.It is the permitee’s responsibility to protect against any dirt or debris from being deposited within the City storm drain system.

15.The permittee is required to immediately comply with all directives issued by the City Inspector to eliminate dust, mud or other site nuisance. 03/26/2024 C5 180 of 231

CITY OF VISTA - Notice
200 Civic Center Drive * Vista, CA 92084 * 760-639-6111 * Fax 760-639-6112 Ver 01-03-19
The following Materials and Standards shall be considered a part of the City of Vista Encroachment Permit
Materials and Standards

1.The permittee is responsible to perform all work and conduct operations per City approved editions of the SSPWC, SDRSD, CITY STDS, CODES, this PERMIT, and all other applicable requirements.

2.No trenches shall be left open overnight. Trenches shall either be plated with temporary AC seal, or backfilled, and have a minimum of 1½” of compacted temporary AC Cold Mix placed.

3.Sidewalk, driveways, wheelchair ramps shall be sawcut to an even line and be removed joint to joint.

4.Curb and gutter and cross gutter shall be removed as directed by the City Inspector.

Concrete removal will require a 1’ asphalt sawcut and repave.

5.Permanent asphalt placement shall be per City of Vista Std. Dwg. SRF-08A & 08B. Cold Planing for Final Cap required for all trenches.

6.All damaged roadway striping shall be replaced in kind.

7.All concrete placed shall be transit mix, unless waived by the City Inspector.

8.Two sack slurry backfill is required when tunneling under curb and gutter.

9.All subgrade (12” depth) and basegrade material shall be compacted to 95 percent density.

Sidewalk sub/base material shall be compacted to 90 percent density. Certification, including compaction testing, shall be provided by the Permitee unless waived by the City Inspector.

10.No excavated material shall be hauled to a site within the City of Vista, without City Inspector knowledge of the end haul location, and the appropriate permits.

11.Any continuous hauling operation will require a City approved Haul Route Permit, prior to commencing the haul. Hauling of dirt/rock etc. without this permit may subject this haul to an immediate Stop Work Notice.

12.Approved City materials for construction include:
a.Asphalt: Surface course – ½” Med. C2-AR-4000-RAP, Min. .10 thick Base course – ¾” Med. B-AR-4000-RAP
Berm – D2-AR-8000
[Performance Grade (PG) asphalt binder PG 64-10 may be substituted for AR-4000 asphalt binder]
b.Concrete for structures – 6/sack 3250 PSA min.
c.Concrete for curb and gutters, sidewalks, driveways – 520-C-2500 min. d.Base material for wheelchair ramps – 6” Class II/Caltrans 26-1.02B e.Street base material – Class II
f.Sidewalk base material – 6” Class II
g.Curing compound on all concrete – Type I SSPWC 303-5.6 All standards are considered minimum and may be revised by the City depending upon field considerations, standards and materials approved on a signed City plan, supercede above materials and standards. It is the permittee’s responsibility to understand and implement all Standards, Codes and other applicable requirements. 03/26/2024 C5 181 of 231

Appendix B:

City of Vista Stormwater Management Permit
Application Form and Reference Information

03/26/2024 C5 182 of 231

F-14
Revis
ed
Marc
h
2003

CITY OF VISTA

STORMWATER MANAGEMENT PERMIT INSTRUCTIONS
To accompany all grading and/or building permit application(s).

In order to comply with the federal Clean Water Act, the state Water Code and City Ordinances, the City of Vista requires that property owners and/or contractors complete a Stormwater Management Permit prior to issuance of any grading and/or building permit(s). The purpose of a Stormwater Management Permit is to document Best Management Practices (BMPs) that will be implemented to prevent pollutants (including sediment) from entering stormwater conveyances and receiving waters. The Stormwater Management Permit becomes a part of the grading and/or building permit(s) and is subject to enforcement by City of Vista Inspectors and others. Stormwater Management Permits include the elements described in the following sections:

SECTION 1: REQUIRED INFORMATION –This section is used to provide the City with the basic information necessary to evaluate and prioritize project activities. Each of the items in this section must be completed, except projects with less than 1 acre of disturbed area are not required to have a Waste Discharge Identification Number (WDID). Grading projects with a disturbed area of greater than 1 acre must also meet additional requirements from the State Water Resources Control Board (SWRCB). Those additional requirements include filing a Notice of Intent (NOI) and preparation of a Stormwater Pollution Prevention Plan (SWPPP). Please note that watercourses and waterbodies include ephemeral drainages (i.e. those that are dry during part of the year).

SECTION 2: BEST MANAGEMENT PRACTICES –Best Management Practices (BMPs) must be selected and implemented to prevent erosion and construction-related materials, sediment, wastes and spills from entering stormwater conveyance system and receiving waters.

NOTE: It is the responsibility of the property owner and/or the contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista’s Stormwater and Grading Ordinances. Failure to prevent soil erosion and discharges of sediment and other pollutants from construction sites is subject to enforcement by the City, RWQCB or others.

At a minimum, the City requires that the BMPs designated as required in Table 1 (attached) be installed and maintained for all construction projects, as applicable. Additional BMPs listed in Table 1 may also be required in correlation to a project’s scope, potential for discharges and proximity to a watercourse or other receiving waters. The property owner and/or contractor must complete Table 2 (attached) indicating which BMPs will be used.

SECTION 3: CERTIFICATION –The property owner and/or contractor must sign this section certifying that they understand the City of Vista’s minimum requirements for stormwater management of construction activities and will implement, monitor and maintain the selected BMPs to ensure their effectiveness.

BMP manuals can be found at the City of Vista’s permit counter. These manuals include all of the referenced BMPs listed in Table 1 from the Caltrans Storm Water Quality Handbooks and the California Stormwater BMP Handbooks. The entire manuals may also be ordered directly from the following sources:

Caltrans Manuals California Stormwater BMP Handbook Caltrans Publications unit Municipal, Development/Redevelopment, Construction (916) 445-3520 & Industrial/Commercial (916) 324-8997 fax (510) 444-6771

03/26/2024 C5 183 of 231

F-16

CITY OF VISTA

STORMWATER MANAGEMENT PERMIT
This form must be submitted with all grading and/or building permit application(s).

SECTION 1. REQUIRED INFORMATION
Grading and/or Building Permit Application Number: Project Name:

Name of Project Contact Person:

Title: Phone #:

Grading Start Date: Grading Finish Date:

Project Address or Location:

Project Start Date: Project Finish Date: APN NO.

Estimated amount of disturbed acreage:_________ (If equal to or greater than 1 acre, you must also provide a WDID number from the SWRCB) WDID _______________________
Are there any watercourses or waterbodies within 50 feet of the limits of soil disturbance? YES NO Does the project site have or propose slopes higher than 25 feet or steeper than 1:1? YES NO Does the soil type have high erosion potential (fine grain soil like sand, silt, fine disintegrated granite)? YES NO SECTION 2 BEST MANAGEMENT PRACTICES
The goal of stormwater management planning is to reduce pollution to the maximum extent practicable by implementing Best Management Practices (BMPs). There are five categories of BMPs: 1)Erosion control practices, and; 2)Velocity reduction, and; 3)Sediment control practices, and; 4) Offsite sediment tracking control, and; 5) General site and materials management. BMPs from each of the five categories must be used together as a system in order to prevent erosion, sediment, waste, spills, and residues from leaving the site. When properly implemented, monitored and maintained, BMPs will function to prevent pollutants (including sediment) from leaving the site. It is the responsibility of the property owner and the contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista’s Stormwater and Grading Ordinances.

Best Management Practice Table
Table 1 (attached) must be used to select those BMPs that will be used to prevent stormwater pollution. At a minimum, the City requires that the BMPs designated as required in Table 1 be installed on all construction projects. However, some BMPs may not be applicable to every project. For example, if storm drain inlets are not present, then Storm Drain Inlet Protection (BMP SC10) would not be applicable. Table 2 (attached) must be completed by the project proponent to indicate which BMPs will be used.

Grading and/or Building Plan(s) Best Management Practice Checklist The following applicable information shall be shown on the grading, building and/or erosion control plans:
Project boundaries
Footprint of any existing structures and facilities.
Footprint of all structures and facilities to be constructed. Limits of grading.
Site entrances and exits.
Areas of soil disturbance, cut and/or fill.
Vegetative areas to remain undisturbed.
Designated materials storage areas.
Existing and proposed grades of the site, along with any intermediate grades that will significantly affect site drainage patterns. Location(s) where runoff from the site may enter storm drain(s), channel(s), and/or receiving waters.

Please note that each of the items identified by a check (3) in Table 1 must be included on the plans, and labeled with the designation found in the tables (for example, SS-7).
03/26/2024 C5 184 of 231

SECTION 3. CERTIFICATION
The following certification must be signed before a Grading and/or Building Permit(s) will be issued.

I have read and understand that the City of Vista has adopted minimum requirements for stormwater management of construction activities. I certify that the BMPs I have selected from Table 1 and documented in Table 2 will be implemented to effectively minimize the potentially negative impacts of this project’s construction activities on stormwater quality. I further agree to install monitor, maintain or revise the selected BMPs to ensure their effectiveness.

I also understand that non-compliance with the City of Vista’s Stormwater and Grading Ordinances may result in enforcement by the City, including fines, citation, stop-work orders, cease and desist orders or other actions.

Property Owner /Contractor_________________________________________________ Date ________________________ 03/26/2024 C5 185 of 231

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ER
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03/26/2024 C5 187 of 231

Ta
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Appendix C:

EDCO Trach Pick Up Schedule, Vista Unified
School District Schedule, NCTD Bus Routes

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Appendix D:

City of Vista Standard Drawing Modified TRF-02

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Appendix E:

San Diego Regional Standard Drawing
Dikes – Asphalt Concrete G-5

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03/26/2024 C5 198 of 231

Appendix F:

City of Vista Sample Speed Bump Work Order

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00052255 3 Exhibit B
4889-5369-7191, v. 2

EXHIBIT B
CONTRACTOR’S PROPOSAL

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As-Needed Asphalt Concrete Speed Bumps and Berms
Eagle Paving Company, Inc.

Line Item Description Quantity
Unit of
Measure Unit Cost Total
1 Asphalt Concrete Speed Bump 1000 LF $175.00 $175,000.00 2 6-inch Asphalt Concrete Berm 1000 LF $30.00 $30,000.00 3 Berm White Dash Striping 500 LF $1.00 $500.00
4 Temporary Painted BUMP Legend and Chevron 100 EA $500.00 $50,000.00 5 Thermoplastic BUMP Legend and Chevron Marking 100 EA $360.00 $36,000.00 6 SPEED BUMPS AHEAD Sign and Post 100 EA $460.00 $46,000.00 Total $337,500.00
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00052255 3 Exhibit C, Page 1 of 4
4889-5369-7191, v. 2

EXHIBIT C

INSURANCE AND BONDING REQUIREMENTS
Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Surety Bonds as described below.

Contractor shall also provide the additional coverages checked below and at least as broad as:

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if Project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

6. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions.

7. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains higher limits than the minimums shown above or umbrella coverages, the City requires and shall be entitled to coverage for the higher limits and umbrella coverages maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such 03/26/2024 C5 225 of 231

00052255 3 Exhibit C, Page 2 of 4
4889-5369-7191, v. 2
deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such Projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Services, including during transit, installation, and testing at the City’s site.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
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00052255 3 Exhibit C, Page 3 of 4
4889-5369-7191, v. 2

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Surety Bonds
Contractor shall provide the following Surety Bonds if checked:

1. Bid Bond.

2. Payment Bond and Performance Bond.

3. Maintenance Bond.
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00052255 3 Exhibit C, Page 4 of 4
4889-5369-7191, v. 2
The Payment Bond and the Performance Bond shall be in an amount equal to the Contract Ceiling Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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00052255 3 Exhibit D
4889-5369-7191, v. 2

EXHIBIT D

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:

1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor of any tier may be awarded a contract for public work on a public works project without proof of registration with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.

3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.

4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.

5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the pro visions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

8. Registrations under Section 1725.5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be cause for any extension of time or additional compensation of any nature under the Contract.

9. Contractor shall provide to City, as a condition precedent to the payment of Contractor’s final retention, a complete list of all subcontractors who have worked on the Project, including their registration numbers. This list must be provided at least 30days prior to the payment of the final retention and shall be submitted under penalty of perjury.
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00052255 3 Exhibit E
4889-5369-7191, v. 2

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.

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Vista City CouncilMarch 26, 2024

Vista City Council
March 26, 2024