cc 2024 AR 10/22 cip 8362, 8294 protected bike lanes project award of contract — Vista City Council, October 22, 2024 (part 1 of 2)

ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: D3
Prepared by:

Erin Adams, Admin Programs Manager
Jeanette Bradshaw, Capital Projects Mgr Meeting Date: October 22, 2024 Approved by:

Greg Mayer, Director of Engineering
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: CIP 8362 & 8294 – PROTECTED BIKE LANES PROJECT – AWARD OF CONTRACT RECOMMENDATION:

1. Adopt City Council Resolution No. 2024- , awarding a construction contract to WGJ Enterprises, Inc. dba PCI for the Protected Bike Lanes Project (CIP No. 8362 & 8294).

2.Adopt City Council Resolution No. 2024- , amending the Capital Project Budget for Fiscal Years 2024/25 and 2025/26.

3.Adopt City Council Resolution 2024- , approving Construction Change Order No. 1 to the construction contract with WGJ Enterprises, Inc. dba PCI for the Protected Bike Lanes Project (CIP Nos. 8362 & 8294).

CORRELATION TO CITY COUNCIL GOALS: Public Safety and 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 11, 2024, adopted City Council Resolution No. 2024-86, adopting a Capital Project Budget for Fiscal Years 2024/25 and 2025/26 (Vote: 5-0).

A comprehensive list of prior City Council actions is included as Exhibit 4.

STATEMENT ON THE SUBJECT: At the direction of the City Council (Council), staff explored the implementation of protected bicycle lanes on major roads in the City. A protected (or separated) bike lane is an exclusive facility for bicyclists that is located within or directly adjacent to the roadway and that is physically separated from motor vehicle traffic with a vertical element. Vertical elements can consist of many different kinds of physical barriers. This project proposes asphalt berms, flexible delineator posts, and on-street parking. The barriers separating a bike lane are installed in a striped buffer area adjacent to the bike lane. Protected bike lanes will add to the green bike lanes already requested by the City Council.

On March 28, 2023, the Council directed staff to move forward with the protected bike lane project.

Based on the existence of bike lanes and the availability of street width to accommodate a buffer where barriers can be installed, staff identified a list of streets for implementation of protected bike lanes. On February 27, 2024, the Council asked staff to further evaluate including Olive Avenue and approved an updated list of streets based on staff recommendations. Subsequently, Council requested that staff AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2024-169.

Vote: 5-0; 2) City Council Resolution No. 2024-170. Vote: 5-0; 3) City Council Resolution No. 2024-171.

Vote: 5-0

MEETING DATE: October 22, 2024 PAGE 2

SUBJECT: CIP 8362 & 8294: PROTECTED BIKE LANES PROJECT – AWARD OF CONTRACT consider protected bike lanes on Longhorn Drive, which staff found to be appropriate for protected bike lanes.

Since these requests from Council occurred at different dates and without sufficient budget at the time of design, the project documents were developed with flexibility in case the project was not fully funded at the time of contract award. Staff requested alternate bids for protected bike lanes on Olive Avenue (Bid Alternate 1), additional green bike lanes throughout the city (Bid Alternate 2), and protected bike lanes on Longhorn Drive (Change Order 1), as shown below.

Staff advertised the project for competitive bids on July 23, 2024, on the City’s procurement website and online procurement portal, OpenGov. On August 27, 2024, the following three bids were received:

Bidder’s Name Office Location Base Bid Amount
WGJ Enterprises, Inc. dba PCI Azusa CA $2,202,614.08 Sterndahl Enterprises, LLC Sun Valley, CA $2,298,394.10 Statewide Stripes, Inc. San Diego, CA $2,609,539.61

Staff has reviewed the total base bid of $2,202,614.08 from WGJ Enterprises, Inc. dba PCI and has determined that they are the lowest responsible bidder who responded to all the requirements of the bid request.

Below are WGJ Enterprises, Inc. dba PCI’s bid amounts for the base bid, two bid alternates and the change order (described above); for a total construction cost of $3,127,168.68:

Item Description Bid Amount
Base Bid Protected Bike Lanes (PBL) $ 2,202,614.08
Bid Alternate 1 Olive Avenue PBL $ 300,793.00
Bid Alternate 2 Green Bike Lanes $ 494,401.00
Change Order No. 1 Longhorn Dr PBL $ 129,360.60
TOTAL $3,127,168.68

Additional funding of $1,580,000 is needed to fully fund this project and is available from the Traffic Impact Fee account.

Staff recommends that the City Council award the construction contract for the Protected Bike Lanes Project (CIP Nos. 8362 & 8294) to WGJ Enterprises, Inc. dba PCI for the Base Bid, both Alternate Bids and approve Construction Change Order No. 1.

FISCAL IMPACT: The construction contract including the base bid and both alternates is $2,997,808.08, with 10% contingency for a total budget of $3,297,588.89. The Construction Change Order No. 1 to include Longhorn Drive is an additional $129,360.60. Approval of the staff recommendation will appropriate an additional $1,580,000 into CIP 8362 source appropriation account (no. 1106595.578999.8362) from the Traffic Impact Fees account (no. 1100000.310541).

EXHIBITS:

1. City Council Resolution 2024- , awarding a construction contract to WGJ Enterprises, Inc. dba PCI for the Protected Bike Lanes Project (CIP Nos. 8362 & 8294)

2. City Council Resolution 2024- , amending the Capital Project Budget for Fiscal Years 2024/25 and 2025/26
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MEETING DATE: October 22, 2024 PAGE 3
SUBJECT: CIP 8362 & 8294: PROTECTED BIKE LANES PROJECT – AWARD OF CONTRACT

3.City Council Resolution 2024- , approving Construction Change Order No. 1 to the construction contract with WGJ Enterprises, Inc. dba PCI for the Protected Bike Lanes Project (CIP Nos. 8362 & 8294).

4.List of Prior Actions

5.Contract with WGJ Enterprises, Inc. dba PCI

6.Construction Change Order No. 1
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00029213 7
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO WGJ ENTERPRISES, INC. DBA PCI FOR THE PROTECTED BIKE LANES
PROJECT (CIP NOS. 8362 & 8294)
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 construction of the Protected Bike Lanes Project, and on August 27, 2024 public bids were opens and WGJ Enterprises, Inc. dba PCI. was the lowest bidder
B. Staff determined that the bid submitted by WGJ Enterprises, Inc. dba PCI is responsive in all material aspects to the request for bids, and that the bid from WGJ Enterprises, Inc. dba PCI for the Protected Bike Lanes Project has been determined to be the lowest responsive, responsible bid.

2. Action.

A. The contract between the City of Vista and WGJ Enterprises, Inc. dba PCI for the Protected Bike Lanes Project 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 October 22, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20241010153109
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
10/22/2024 D3 4 of 342
EXHIBIT 1

00029213 7
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AMENDING THE CAPITAL PROJECT BUDGET FOR FISCAL YEARS 2024/25 AND 2025/26
The City Council of the City of Vista does resolve as follows:

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

A. On June 11, 2024, the City Council adopted Resolution 2024-86 approving the Six-Year Capital Improvement Program, the Capital Project Budget for Fiscal Years 2024/25 and 2025/26, and authorizing appropriations for Fiscal Years 2024/25 and 2025/26 capital projects.

B. The City Council desires to amend the Capital Project Budget at this time to reflect changed circumstances.

2. Action.

A. The Capital Project Budget for Fiscal Years 2024/25 and 2025/26 is amended as set forth in Exhibit A.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on October 22, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20241013202742

JOHN FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 2

RESOLUTION NO. 2024-

CITY COUNCIL FOR THE CHARTERED CITY OF VISTA
PAGE 1 EXHIBIT A

1. Account Number Account Description Increase Decrease 1106595.578999.8362 Source Appropriation CIP 8362 1,580,000$ 1100000.310541 Traffic Impact Fee Fund Balance 1,580,000$ Appropriations are hereby made to fund the Protected Bike Lane project (CIP 8362). 10/22/2024 D3 6 of 342

00029213 7
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING CONSTRUCTION CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT WITH WGJ ENTERPRISES, INC. DBA PCI FOR THE PROTECTED BIKE LANES PROJECT (CIP NOS. 8362 & 8294) The City Council of the City of Vista does resolve as follows:

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

A. On October 22, 2024, the City of Vista will enter into a construction contract with WGJ Enterprises, Inc. dba PCI for the Protected Bike Lanes project (CIP Nos. 8362 & 8294).

B. The City desires to amend the contract by approving Change Order No. 1 to include the addition of protected bike lanes along Longhorn Drive and increase the contract ceiling by $129,360.60 for a new ceiling of $3,127,168.68.

2. Action.

A. Change Order No. 1 to the construction contract between the City of Vista and WGJ Enterprises, Inc. dba PCI for the Protected Bike Lanes project is approved, and the Mayor is authorized to sign the Change Order.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on October 22, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20241010153143
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 3

Prior City Council Actions
Olive Avenue Protected Bike Lanes
On June 11, 2024, adopted City Council Resolution No. 2024-86, adopting a Capital Project Budget for Fiscal Years 2024/25 and 2025/26 (Vote: 5-0).

On February 27, 2024, approved the installation of protected bike lanes on Olive Avenue (Vote: 5-0).

On June 13, 2023, adopted City Council Resolution 2023-108, amending the Capital Project Budget for Fiscal Years 2022/23 and 2023/24; and directed staff to identify funding for bike lane asphalt berms and a Longhorn/Melrose Complete Streets Project (Vote: 3-2, Franklin and Green Opposed).

On March 28, 2023, directed staff to move forward with the installation of speed humps on Alta Vista Drive, Eucalyptus Avenue, Grapevine Lane, Highland Drive and Vale View Drive using utilizing traffic impact fees; install protected bike lanes using flexible delineators using regional transportation congestion improvement program funds and revisit the addition of asphalt berms in the future; and establish an ongoing CIP project for future active transportation and traffic calming projects (Vote: 5-0).

On January 24, 2023, 1) discussed traffic calming techniques, including the use of speed humps, and directed staff to identify options for Apollo Drive, to create a traffic calming plan for streets identified by the City Council, and to discuss the development of a comprehensive multimodal plan at the workshop in April; and 2) directed staff to phase in green bike lanes at conflict areas over three years and to revisit the Bicycle Master Plan and overlay with Safe Routes to School (Vote: 5-0). 10/22/2024 D3 8 of 342
EXHIBIT 4

SUMMARY CONSTRUCTION – COV LOCAL

Page 1 of 3 ends

WGJ ENTERPRISES, INC. dba PCI
[00064028-1] 00064028 14883-0710-2183, v. 2

CONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into as of _____________________________ (“Contract Date”), by and between the City of Vista, a chartered municipal corporation (“Agency”), and WGJ Enterprises, Inc. dba PCI, a California corporation (“Contractor”).

Agency and Contractor are sometimes individually referred to as a “Party” and collectively as “Parties.”
In consideration of the mutual covenants contained herein, Agency and Contractor agree as follows:

SECTION 1
The Contract Documents consisting of the PROJECT SPECIFICATIONS, comprised of the NOTICE INVITING BIDS, the INSTRUCTIONS TO BIDDERS, the accepted BID PROPOSAL; BID SCHEDULE; CONTRACTOR’S LICENSING STATEMENT; PROJECT REFERENCES; CONTRACTOR’S LIST OF SUBCONTRACTORS;; PUBLIC CONTRACT CODE STATEMENTS AND QUESTIONNAIRE; NON-COLLUSION AFFIDAVITS; the CONSTRUCTION CONTRACT, CONTRACTOR’S CERTIFICATE, SUPPLEMENTARY GENERAL PROVISIONS, SUPPLEMENTARY TECHNICAL PROVISIONS, Special Provisions, Plans, Standard Plans and Specifications; together with all additions, deletions, modifications, appendices, and all addenda (2), as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents, are hereby incorporated in and made a part of this Contract as fully as if set forth herein.

SECTION 2
For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to construct

PROTECTED BIKE LANES
as specifically set forth in documents entitled
PROTECTED BIKE LANES PROJECT (CIP NOS. 8362 & 8294)
for which award of the Contract was made, to furnish at his own proper cost and expense 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. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of Worker’s Compensation Insurance for its employees.

SECTION 3
For furnishing all said services and materials, payment of premiums on insurance policies, obtaining all permits and licenses of a temporary nature, furnishing and removing all plant, temporary work or structures, tools, and equipment, and for doing all the Work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the 10/22/2024 D3 9 of 342
EXHIBIT 5

SUMMARY CONSTRUCTION – COV LOCAL Page 2 of 3 WGJ ENTERPRISES, INC. dba PCI [00064028-1] 00064028 14883-0710-2183, v. 2
aforesaid work during its progress or prior to acceptance from the action of the elements and from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work, and for all other risks of any description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the Agency, and for well and faithfully completing the Work and the whole thereof within the stipulated time and in the manner shown and described in the said documents, and in accordance with the requirements of the Engineer under them, the Agency will pay, and the Contractor shall receive in full compensation therefore, the prices set forth by him in the accepted bid. The total compensation will be computed on the basis of the units of work actually performed in accordance with the requirements of the Contract Documents and paid for at the stipulated prices named in the BID SCHEDULE for completion of the Work.

SECTION 4
The Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the Parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained.

SECTION 5
Contractor agrees to indemnify, defend, and save harmless, the Agency, its officers, agents, employees and volunteers from and against any and all claims, demands, damages, losses and expenses, defense costs including attorney fees, or liability of any kind or nature which the Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the Contractor’s performance under the terms of this Contract, caused in whole or in part by any negligent or willful acts or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the Agency.
[Continued on page 3.]
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SUMMARY CONSTRUCTION – COV LOCAL Page 3 of 3 WGJ ENTERPRISES, INC. dba PCI [00064028-1] 00064028 14883-0710-2183, v. 2
SECTION 6

Contractor agrees that the Payment Bond and Performance Bond attached to/submitted concurrently with this Contract are for reference purposes only, and shall not be considered a part of this Contract. Contractor further agrees that said bonds are separate obligations of the Contractor and its surety, and that any attorneys’ fee provision contained in any payment bond or performance bond shall not apply to this Contract. In the event there is any litigation between the Parties arising from the breach of this Contract, each Party will bear its own attorneys’ fees in the litigation.

IN WITNESS WHEREOF, the Parties have caused this Contract to be executed as of the Contract Date.

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER

By:

WGJ ENTERPRISES, INC. dba PCI, a
California corporation

By:

Name/Title

By:

Name/Title

APPROVED
Amanda L. Guy
20240919083510

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CITY OF VISTA ENGINEERING DEPARTMENT

PROJECT SPECIFICATIONS FOR

PROTECTED BIKE LANES PROJECT

C.I.P. Nos. 8362 & 8294

July 2024

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2 PROJECT SPECIFICATIONS FOR

PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

TABLE OF CONTENTS

BIDDING AND CONTRACTUAL DOCUMENTS PAGE Notice Inviting Bids ................................................................................................. 3

Instructions to Bidders ........................................................................................... 7

Proposal Forms
Bid Proposal ............................................................................................... 25 Bid Schedule .............................................................................................. 28 Contractor’s Licensing Statement ............................................................ 45 Project References..................................................................................... 46 Contractor’s List of Subcontractors .......................................................... 47 Non-Collusion Declaration ......................................................................... 48 Bid Security Forms ..................................................................................... 49

Agreement and Bonds
Construction Contract ................................................................................ 53 Faithful Performance Bond ....................................................................... 56 Payment Bond ............................................................................................ 59 Contractor's Certificate .............................................................................. 61 Non-Collusion Declaration for Subcontractors ......................................... 62

SPECIAL PROVISIONS
Supplementary General Provisions........................................................................ 63 Supplementary Technical Provisions ..................................................................... 122

APPENDICES
Appendix A: City of Vista Stormwater Management Permit Application Form and Reference Information
Appendix B: City of Vista Waste Management Permit Application Appendix C: Standard Drawings
Appendix D: Sample Public Notification Documents
Appendix E: EDCO Trash Pick Up Schedule, VUSD Schedule, NCTD Bus Routes Appendix F: City of Vista Encroachment Permit Application Form Appendix G: Green Paint & Post Delineator Specifications

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3 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 plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, for the “PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)” in strict accordance with the Project Specifications and Plans on file in the City of Vista Engineering Department.

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/vista-ca . 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 2:00 PM on TUESDAY, AUGUST 13, 2024.

Immediately after the bid submission deadline, bids will be unsealed and posted at:
https://secure.procurenow.com/portal/vista-ca . OpenGov 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: all street, traffic, signing and striping improvements required for protected green bike lanes; including installation of all striping as shown on plans, including but not limited to: green solid paint, green dashed conflict paint, white paint edge, white paint markings (bike, person, arrow, stop, sharrow etc.), white bike buffer zone paint, white lane lines, yellow no passing lines, channelizing lanes, centerlines; also including the installation of AC berms, post delineators, pedestrian ramps, new sign posts, new sign on existing post, traffic signal loops, removal of existing signs and/or posts, and removal with AC grinding of all existing paint that conflicts with new bike paint; and other related improvements as shown per plans.

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4 3. LOCATION OF WORK

The Work to be constructed is located on the following streets in the City of Vista, California.

Base Bid (Protected Bike Lanes CIP 8362)
• Bobier (from N Santa Fe Ave to E Vista Way; 3 sheets) • E Vista Way (from Civic Center Drive to Taylor Street; 5 sheets) • N Melrose Drive (from Olive Ave to North Ave; 3 sheets) • N Santa Fe (from Vista Village Drive to E Bobier Drive; 3 sheets) • S Melrose Drive (from Lionshead Ave to Matagual Drive; 8 sheets) • Sycamore Ave (from S Melrose Drive to Green Oak Road; 3 sheets) • Taylor Street (from N Santa Fe Ave to Cresthaven Drive; 2 sheets) • Vista Village Drive (from W Vista Way to Hillside Terrace; 3 sheets)

Bid Alternate 1 (Protected Bike Lanes – Olive CIP 8362) • Olive Avenue (from N Emerald Drive to Vista Village Drive; 6 sheets)

Bid Alternate 2 (Green Bike Lanes CIP 8294)
• 1- Lupine Hill Drive (from Live Oak Road to Oak Glen Drive) • 2- Lupine Hill Drive (from Miramar Drive to Countrywood Lane) • 3- Lupine Hill Drive (from Countrywood Lane to Chaparal Drive) • 4- Lupine Hill Drive (from Turnberry Drive to Shadowridge Drive) • 5- Live Oak Road (from S Melrose Drive to Oak Glen Drive) • 6- Live Oak Road (from Oak Glen Drive to Saint Tropez Drive) • 7- Live Oak Road (from Lupine Hill Drive to Cordoba Way) • 8- Live Oak Road (from Brewly Lane to Shadowridge Drive) • 9- Lupine Hill Drive (from Shadowridge Drive to Harbor Drive) • 10- Lupine Hill Drive (from Parkview Drive to Dundee Way) • 11- Lupine Hill Drive (from Links Way to Optimist Way) • 12- Lupine Hill Drive (from Lantana Way to Shadowridge Drive) • 13- Shadowridge Drive (from S Melrose Drive to Live Oak Drive) • 14- Shadowridge Drive (from Live Oak Drive to Columbus Way) • 15- Shadowridge Drive (from Columbus Way to Lupine Hill Drive) • 16- Shadowridge (from Lupine Hill Drive to 760 Shadowridge) • 17- Shadowridge Drive (from 760 Shadowridge to Sycamore) • 18- Sycamore Avenue (from University Drive to Shadowridge Drive) • 19 through 22 - not included
• 23- Business Park Drive (from Joshua Way to Park Center Drive) • 24- Business Park Drive (from Scott Street to Liberty Way) • 25- Business Park Drive (from Keystone Way to Lionshead Avenue) • 26- S Santa Fe Avenue (from Mar Vista Drive to Service Place) • 27- S Santa Fe Avenue (from monte vista Drive to Postal Way) • 28- S Santa Fe Avenue (from Postal Way to Civic Center Drive) 10/22/2024 D3 19 of 342

5 • 29- Civic Center Drive (from Ocean View Drive to Eucalyptus Avenue) • 30- W Vista Way (from Cedar Road to N Emerald Drive)
• 31- W Vista Way (from Huff Street to Hill Drive)
• 32- W Vista Way (from Santa Barbara Way to Brass Lane) • 33- W Vista Way (from n Melrose Drive to Vista Village Drive) • 34- Olive Avenue (from N Emerald Drive to Grapevine Road) • 35- Olive Avenue (from Granada Drive to Brookins Lane) • 36- Olive Avenue (from Bonita Drive to Maryland Drive) • 37- Olive Avenue (from Maryland Drive to N Melrose Drive) • 38- W Bobier Drive (from City Limit to Bobolink Drive) • 39- W Bobier Drive (from W Knapp Drive to N Santa Fe Avenue) • 40 through 42 - not included

4. CONTRACT DOCUMENTS

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

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 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 Two Million, One Hundred Ninety-Five Thousand Dollars ($2,195,000.00) for the Base Bid items, Three Hundred Forty- Eight Thousand Dollars ($348,000.00) for the Alternate 1 Bid Items, and Five Hundred Twenty- Seven Thousand Dollars ($527,000.00) for the Alternate 2 Bid Items. All work shall be completed in every detail to the satisfaction of the Agency within [One Hundred (100 days)] Working Days for all Base Bid item work if awarded, along with an additional [Twenty (20 days)] Working Days for Alternate 1 item work if awarded, and an additional [Thirty five (35 days)] Working Days for Alternate 2 item work if awarded, after the date of the NOTICE TO PROCEED.

7. PRE-BID MEETING

A Pre-Bid Meeting will not be held for this project.

8. PROJECT ADMINISTRATION

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7 INSTRUCTIONS TO BIDDERS

1. SITE REVIEW

Prospective bidders are expected to conduct a site review of the Project prior to submitting a bid.

2. LOCAL CONDITIONS AND BID QUANTITIES

Bidders shall read the Project Specifications and documents, examine the Plans, 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.

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 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 amount of any unit price item of the Work by an amount up to and including twenty-five percent (25%) of any bid item(s), or to omit portions of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price.

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.

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8 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. Components of the Agency’s Disadvantaged Business Enterprise (DBE) Program can be found in the Appendices (see list of Appendices in Table of Contents on Page 2). The Agency may require of the low bidder and sub- contractors any DBE certification within four (4) Working Days after bid opening.

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.

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 10/22/2024 D3 23 of 342

9 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 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.

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10 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 (to be completed through the City’s Electronic Bidding System, OpenGov Procurement)
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. If any bid forms are missing from the Contract Documents obtained by the Bidder, directly from OpenGov Procurement or through other means, it shall be the Bidder’s responsibility to contact the Agency and obtain all required Bid Document forms prior to submitting a bid.

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.
.

The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. Unit prices shall not exceed two (2) decimal places.

All extensions of the unit prices bid and sums will be subject to verification by the Agency. If the unit prices entered by the Bidder exceed two (2) decimal places, the Agency will only use the first two (2) digits after the decimal points without rounding up or down.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:

a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;

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11 b) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the Agency's Final Estimate of cost.

Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the item total shall prevail.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

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, 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

Bidders are directed to review the BID SCHEDULE and the appendices for details regarding the alternate bid items, if included.

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12 The Agency will evaluate the bids based on the total amount of the Base Bid Items, and will not include the Alternate Bid Item(s) in determining the lowest responsible bidder. The Agency reserves the right to award the Contract on the Base Bid Items, and with or without any or all of the Alternate Bid Item(s). The Agency reserves the right to adjust the quantity of the Alternate Bid Item(s) after the award of contract.

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.

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.
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13 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 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: Jeanette Bradshaw, Capital Projects 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.

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14 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. 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.

14. 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.

15. 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 "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 10/22/2024 D3 29 of 342

15 (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.

16. 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://dir.ca.gov/Public-Works/Contractors.html

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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16 The online PWC-100 form is also transmitted to the Department of Apprenticeship Standards (DAS) to inform them of the award of a contract.

17. 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.

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).

18. (INTENTIONALLY LEFT BLANK)

19. 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/vista-ca . 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.

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 Bids have been opened. Based on the findings from the review of the Bids, the Agency will provide a Notice of Intent to Award a contract to all bidders. 10/22/2024 D3 31 of 342

17 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.

20. 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.

21. 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 10/22/2024 D3 32 of 342

18 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.

22. AWARD OF 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 to waive any informality or minor irregularities in any bid, to reject any or all bids, to reject one part of a bid and accept the other, except, to the extent that bids are qualified by specific limitations, to take bids under advisement for a period of ninety (90) calendar days after the date the bids are publicly opened, and to make award to the lowest responsible bidder as the interest of the Agency may require.

All terms and conditions contained in the Contract Documents shall become a part of the contract.

23. 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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19 24. 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.

25. 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 posting of the Notice of Intent to Award a contract, 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 10/22/2024 D3 34 of 342

20 acceptance may be required, before the Contract is executed, to furnish evidence of its corporate existence, of its right to do business in California, and of the authority of the officer signing the Contract and bonds for the corporation.

26. 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 base bid amount payable under the 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 10/22/2024 D3 35 of 342

21 policy holders' rating of "A" or higher and 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.

27. 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.

28. 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 insurance policy carried by the Agency. The public liability insurance 10/22/2024 D3 36 of 342

22 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.

29. 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.

30. 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.

31. 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.

It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon all subcontractors under him, to pay not less than the general prevailing rates of wages to all workers employed in the execution of this Contract in accordance with the provisions of the California Labor Code and general law. Certified payroll on an approved compliance format is required for all work under this Contact and shall be submitted directly to the Labor Commissioner’s Office as required by law.

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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23 32. 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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24 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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25 PROPOSAL FORMS

BID PROPOSAL

From: ______________________________________________________________, Bidder,

For: The construction of

STREET IMPROVEMENTS

as specifically set forth in documents entitled

PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

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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26 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 posting 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”).

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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27 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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28 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

PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

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.

Notes:

1] To be completed through the City’s Electronic Bidding System (OpenGov Procurement) 2] Unit Prices shall be entered to two (2) decimal places only. 10/22/2024 D3 43 of 342

29 BID ITEMS FOR

PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

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

Note 1: The Bid Schedule Worksheet on Pages 30 – 33 are only provided 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 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” is part of the Bid Schedule and shall be submitted with the bid.

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30 BID SCHEDULE WORKSHEET
(Provided for reference only, see Note 1 page 29 above)

PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

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

GENERAL
1 Mobilization & Demobilization (5% maximum of Total Base Bid) 1 LS 2 Public Notification per Supplementary General Provisions, Section 7-12.2 1 LS 3 Traffic Control and Construction Staging 1 LS
4 Storm Water Pollution Prevention and Erosion Control 1 LS 5 Remove and dispose of existing and conflicting striping, pavement markings, legends, thermoplastic, and epoxy by grinding; includes all cleanup after removal.
1 LS

PROTECTED BIKE LANE IMPROVEMENTS
6 Dashed Green-Colored Conflict Pavement Paint with 6” White Line Painted Edges 111,607 SF
7 Solid Green-Colored Pavement Paint with 6” White Line Painted Edges 24,000 SF 8 Bike Lane Buffer Lines and Buffer Markings 105,049 LF 9 Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow 170 EA 10 6” Type ‘A’ AC Dike with (two-coats) White Paint 14,640 LF 11 Post Delineators 1,442 EA

SIGNAGE
12 New Sign on New and Existing Posts or Poles 63 EA
13 Remove and salvage existing road sign and poles. 31 EA

STRIPING AND ROAD IMPROVEMENTS
14 STOP Pavement Marking 1 EA
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31 Bid
Item Description Of Work Qty. Unit
15 12" White Limit Line (Stop Line) 27 LF
16 Type IV (L) and (R) Arrow Marking 15 EA
17 Type VI Arrow Marking (Right lane drop arrow and Left lane drop arrow) 18 EA 18 6” White Lanelines and Type G One-Way Clear Retroreflective markers per Detail 9 of Caltrans Std. Plan A20A 7,453 LF
19 6” White Lanelines and Type G One-Way Clear Retroreflective markers per Detail 12 of Caltrans Std. Plan A20A 15,391 LF
20 6” Yellow Lines, No Passing Zones – Two Direction and Type D Two-Way Yellow Retroreflective markers per Detail 22 of Caltrans Std. Plan A20A 2,181 LF 21 6” White Right Edge Line per Detail 27B of Caltrans Std. Plan A20B 915 LF 22 8” White Channelizing Line with Type G One-Way Clear Retroreflective markers per Detail 38 of Caltrans Std. Plan A20D 2,129 LF 23 6” White Line, Lane Line Extensions Through Intersections Line, per Detail 40 of Caltrans Std. Plan A20D 298 LF
24 New Traffic Signal Detector Loops in Conflict with Design 6 EA 25 E. Vista Way (Sheet 3); Install both Concrete Pedestrian Ramps with Two-Way Arrows and Person White Pavement Markings. Remove and dispose of existing landscaping, berm, curb, and gutter.
1 LS

NOTE: Determination of the lowest bid shall be based solely on the lowest TOTAL BASE BID FOR IMPROVEMENTS. Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.

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32 Alternate 1 Bid Items

Bid
Item Description Of Work Qty. Unit

PROTECTED BIKE LANE IMPROVEMENTS
A1 Dashed Green-Colored Conflict Pavement Paint with 6” White Line Painted Edge Lines 19,280 SF
A2 Solid Green-Colored Pavement Paint 1,434 SF
A3 Bike Lane Buffer Lines and Buffer Markings 22,934 LF A4 Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow 29 EA A5 Sharrow Marking 20 EA
A6 6” Type ‘A’ AC Dike with (two-coat) White Paint 720 LF A7 Post Delineators 232 EA

SIGNAGE
A8 New Sign on New and Existing Posts or Poles 10 EA
A9 Remove and salvage existing road sign and poles 5 EA

STRIPING AND ROAD IMPROVEMENTS
A10 Type IV (L) and (R) Arrow Marking 8 EA
A11 6” White Lanelines and Type G One-Way Clear Retroreflective markers per Detail 9 of Caltrans Std. Plan A20A 652 LF
A12 6” Yellow Lines, No Passing Zones – Two Direction and Type D Two-Way Yellow Retroreflective markers per Detail 22 of Caltrans Std. Plan A20A 2,940 LF A13 6” White Bike Lane Intersection Line, per Detail 39A of Caltrans Std. Plan A20D 108 LF
A14 6” Yellow Line, Centerline Extensions Through Intersections, per Detail 41 of Caltrans Std. Plan A20D 177 LF

NOTE: Determination of the lowest bid shall be based solely on the lowest TOTAL BASE BID FOR IMPROVEMENTS and not the alternative bid items. Bidders must submit pricing for Alternate Bid Items to be considered responsive, however the City is not required to award Alternate Bid Items. Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.

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33 Alternate 2 Bid Items

Bid
Item Description Of Work Qty. Unit

PROTECTED BIKE LANE IMPROVEMENTS
B1 Dashed Green-Colored Conflict Pavement Paint (GBL Sheets 1-18,23-33, 38 & 39) 51,070 SF
B2 Solid Green-Colored Pavement Paint (GBL Sheets 1-18,23-33, 38 & 39) 28,500 SF B3 Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow (GBL Sheets 1-18,23-33, 38 & 39) 113 EA
B4 Dashed Green-Colored Conflict Pavement Paint - Olive Ave (GBL Sheets 34-37) 5,158 SF
B5 Solid Green-Colored Pavement Paint - Olive Ave (GBL Sheets 34-37) 3,750 SF B6 Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow - Olive Ave (GBL Sheets 34-37) 15 EA

BID SCHEDULE WORKSHEET – END
(Provided for reference only, see note 1 page 29)

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

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

DESCRIPTION OF BASE BID ITEMS:

General description of base bid items:

GENERAL

Bid Item 1 – Mobilization & Demobilization (5% Maximum of Total Base Bid): Bid item shall be paid by the lump sum price bid as shown on the bid schedule and shall include full compensation for all bonds, insurance, sureties, licenses, permits, facilities, labor, equipment, and material necessary to complete all work required in advance of construction operations, and upon the initiation of construction operations, to mobilize all required equipment, materials, and personnel on-site, and complete all associated and appurtenant work in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer. The Bid Item shall also include all labor, equipment and material required to clean-up and restore the site, demobilize, and remove all equipment, materials, and staging, and complete all work required at the end of construction operations in accordance with the Supplementary General Provisions, Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer. The lump sum price for this item shall not exceed 5% of the total contract price (5% maximum of Total Base Bid).

Bid Item 2 - Public Notification per Supplementary General Provisions, Section 7-12.2: Bid item shall be paid by the lump sum price bid as shown on the bid schedule and shall include all public notifications in accordance with section 7-12.2 of the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, any other related work shall be considered as included or included in the costs of other work. Door hangers shall be attached to doors of residents and businesses. No notification shall be placed in mailboxes. No additional compensation will be made. All necessary labor, materials, equipment, and all other related costs for preparation, copying, and distribution shall be considered as included in the lump sum price Bid for Public Notification for Work at this Location.

Bid Item 3 - Traffic Control and Construction Staging: Bid item shall be paid by the lump sum price bid as shown on the bid schedule and shall include full compensation for all labor, materials, and equipment required to complete all work required to prepare, submit, and obtain approved Traffic Control Plans from the City of Vista Traffic Engineering Department; implement traffic control (including flagging costs and person(s) to safely control pedestrian, vehicular, and bike traffic), furnish tools, equipment, and incidentals, and for performing all work involved in staging, constructing, furnishing, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system (including traffic control devices); installation and removal of all required temporary striping and signing associated and appurtenant work as specified in the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer.

Bid Item 4 - Storm Water Pollution Prevention and Erosion Control: Bid item shall be paid by the lump sum price bid as shown on the bid schedule and shall include full compensation for all labor, materials, and equipment required to complete all work necessary to maintain, repair and replace all temporary construction BMPs and associated work as required to ensure the project’s full compliance with State Water Resources Board’s General Construction Permit (Order No. 2022-0057-DWQ) and Section 7-8.6 of the Supplementary General Provisions. Bid item shall include all necessary labor, materials, and equipment and all other related costs for preparation, installation, adjustments, and removal shall be considered as included in the bid price. A SWPPP is not required for this project. 10/22/2024 D3 49 of 342

35 Bid Item 5 – Remove and dispose of existing and conflicting striping, pavement markings, legends, thermoplastic, and epoxy by grinding; includes all cleanup after removal: Bid item shall be paid by the lump sum price bid as shown on the bid schedule and shall include full compensation for all labor, materials, and equipment to grind off all existing and conflicting striping, pavement markings, legends, thermoplastic, RPM’s, and epoxy conflicting with the new design as directed by the Engineer, shown on the plans and within the limits of work, including disposal, sweeping, blowing, and other work to clean up from the grinding operations. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

PROTECTED BIKE LANES

Bid Item 6 – Dashed Green-Colored Conflict Pavement Paint with 6” White Line Painted Edges: Bid item shall include full compensation for all labor, materials, and equipment required to paint the actual square footage of 1112 Waterborne High Build Traffic Marking Green Paint per Appendix G for the Dashed Green Conflict Paint (two-coats) including the actual square footage of paint for the 6” white line painted edges (two-coats) per plans. Where there is a driveway, bus stop, or upcoming intersection, install paint as shown on the plans and as detailed per Driveway/ Bus Stop Green Bike Lane Conflict Marking Detail. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 7 – Solid Green-Colored Pavement Paint with 6” White Line Painted Edges: Bid item shall include full compensation for all labor, materials, and equipment required to paint the actual square footage of 1112 Waterborne High Build Traffic Marking Green Paint per Appendix G for the Solid Green Paint (two-coats) including the actual square footage of paint for the 6” white line painted edges (two-coats) per plans. Where there is a driveway, bus stop, or upcoming intersection, install paint as shown on the plans and as detailed per Driveway/ Bus Stop Green Bike Lane Conflict Marking Detail. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 8 – Bike Lane Buffer Lines and Buffer Markings: Bid item shall include full compensation for all labor, materials, and equipment required to paint Bike Lane Buffered 6” Solid White Lines (two-coats) as shown on plans per linear foot as shown on the Bid Schedule. This includes the actual lineal feet of paint for 6” Solid White Lines not associated with the green paint areas, and Diagonal Markings for Bike Lane Buffer areas as shown on plans. Bike Lane Buffer Lines and Buffer Markings shall not be painted where there is a driveway, bus stop, or upcoming intersection as detailed on the plans and as shown per Driveway/ Bus Stop Green Bike Lane Conflict Marking Details. Protect in place existing solid Bike Lane Buffer Lines and Buffer Markings that do not conflict with the design and are in good condition. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 9 – Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow: Bid item shall include full compensation for all labor, materials, and equipment required to paint each Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow (both two-coats) per Bike Lane with Arrow Pavement Marking Detail per plans. Protect in place all existing solid BIKE LANE Wording, Bike Lane Helmeted Bicyclist, and Bike Lane Arrow that do not conflict with the design and are in good condition. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and 10/22/2024 D3 50 of 342

36 as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 10 – 6” Type ‘A’ AC Dike with (two-coats) White Paint: Bid item shall include full compensation for all labor, materials, and equipment required to install the actual lineal footage of 6” Type ‘A’ AC dike, per SDRSD No. G-05, as shown on plans. Bid item shall also include two-coats of white paint, per Painted AC Berm detail, and per 5’ Zebra Pattern painted AC Berm detail, both patterns as called out per plans. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 11 – Post Delineators: Bid item shall include full compensation for all labor, materials, and equipment required to install each Impact Recovery Omega Post with Tuff Curb XLP. All work shall be in accordance with the manufacturer’s installation specifications, Supplementary General Provisions, Standard Specifications, Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

SIGNAGE

Bid Item 12 – New Sign on New and Existing Posts or Poles: Bid item shall include full compensation for all labor, materials, and equipment required to install each new sign per project plans on new or existing posts/ poles. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 13 – Remove and salvage existing road sign and poles: Bid item shall include full compensation for all labor, materials, equipment, tools and mobilization to remove and salvage each existing road sign including the pole if no longer being used and delivering them to the Agency’s Public Works Yard at 1165 E. Taylor Street.

All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

TRAFFIC IMPROVEMENTS

Bid Item 14, STOP Pavement Marking: Bid item shall include full compensation for all labor, equipment and material required to install each thermoplastic STOP Pavement Marking per plans. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 15, 12” White Limit Line (Stop Line): Bid item shall include full compensation for all labor, equipment and material required to install the actual lineal footage of thermoplastic for 12" White Limit Line (Stop Line) per plans. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 16, Type IV (L) and (R) Arrow Marking: Bid item shall include full compensation for all labor, equipment and material required to install each thermoplastic Type IV (L) and (R) Arrow Marking per plans. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary 10/22/2024 D3 51 of 342

37 Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 17, Type VI Arrow Marking (Right lane drop arrow and Left lane drop arrow): Bid item shall include full compensation for all labor, equipment and material required to install each thermoplastic Type VI Arrow Marking (Right lane drop arrow and Left lane drop arrow) per plans. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 18, 6” White Lanelines and Type G One-Way Clear Retroreflective markers per Detail 9 of Caltrans Std. Plan A20A: Bid item shall include full compensation for all labor, equipment and material required to paint the actual lineal feet of 6” White Lanelines (Two-coats) and Type G One-Way Clear Retroreflective markers per Detail 9 of 2023 Caltrans Standard Plan A20A. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 19, 6” White Lanelines and Type G One-Way Clear Retroreflective markers per Detail 12 of Caltrans Std. Plan A20A: Bid item shall include full compensation for all labor, equipment and material required to paint the actual lineal footage of 6” White Lanelines (Two-coats) and Type G One-Way Clear Retroreflective markers per Detail 12 of Caltrans Std. Plan A20A. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 20, 6” Yellow Lines, No Passing Zones – Two Direction and Type D Two-Way Yellow Retroreflective markers per Detail 22 of Caltrans Std. Plan A20A: Bid item shall include full compensation for all labor, equipment and material required to paint the actual lineal footage of 6” Yellow Lines (Two-coats), No Passing Zones – Two Direction and Type D Two-Way Yellow Retroreflective markers per Detail 22 of Caltrans Std. Plan A20A. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 21, 6” White Right Edge Line per Detail 27B of Caltrans Std. Plan A20B: Bid item shall include full compensation for all labor, equipment and material required to paint the actual lineal footage of 6” White Right Edge Line (Two-coats) per Detail 27B of Caltrans Std. Plan A20B. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 22, 8” White Channelizing Line with Type G One-Way Clear Retroreflective markers per Detail 38 of Caltrans Std. Plan A20D: Bid item shall include full compensation for all labor, equipment and material required to paint the actual lineal footage of 8” White Channelizing Line (Two-coats) with Type G One-Way Clear Retroreflective markers per Detail 38 of Caltrans Std. Plan A20D. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 23, 6” White Line, Lane Line Extensions Through Intersections Line, per Detail 40 of Caltrans Std.

Plan A20D: Bid item shall include full compensation for all labor, equipment and material required to paint the actual lineal footage of 6” White Line (Two-coats), Lane Line Extensions Through Intersections Line, per 10/22/2024 D3 52 of 342

38 Detail 40 of Caltrans Std. Plan A20D. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 24, New Traffic Signal Detector Loops in Conflict with Design: Bid item shall include full compensation for all labor, equipment and material required to install each new traffic signal detector loop impacted by the proposed design per City of Vista Standard Drawing TRF-05. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 25 – E. Vista Way (Sheet 3); Install both Concrete Pedestrian Ramps with Two-Way Arrows and Person White Pavement Markings. Remove and dispose of existing landscaping, berm, curb, and gutter.: Bid item shall be paid by the lump sum price bid as shown on the bid schedule including compensation for all labor, materials, and equipment to install both Concrete Pedestrian Ramps, including installation of concrete and six inches of base, as directed by the Engineer, shown on plans and Details on Sheet 3 of the E. Vista Way Protected Bike Lane plans. Bid item shall also include all removal and disposal of existing landscaping, asphalt, berm, curb, and gutter, and other work related to cleaning up the site after; including any new landscaping or additional fill required. Bid item shall also include full compensation for all labor, materials, and equipment to paint two-coats of white paint for two-way arrow white pavement marking and person symbol white pavement marking as directed by the Engineer, shown on plans and Details on Sheet 3 of the E. Vista Way plans. Bid item shall also include the protection of all existing utilities, potholing, and relocating utilities as needed. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

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39 DESCRIPTION OF ALTERNATE 1 ITEMS:

PROTECTED BIKE LANES

Bid Item A1 – Dashed Green-Colored Conflict Pavement Paint with 6” White Line Painted Edge Lines: Bid item shall include full compensation for all labor, materials, and equipment required to paint the actual square footage of 1112 Waterborne High Build Traffic Marking Green Paint per Appendix G for the Dashed Green Conflict Paint (two-coats) including the actual square footage of paint for the 6” white line painted edges (two coats) per plans. Where there is a driveway, bus stop, or upcoming intersection, install paint as shown on the plans and as detailed per Driveway/ Bus Stop Green Bike Lane Conflict Marking Detail. Bid item shall also include the grinding removal and disposal of all paint and thermoplastic conflicting with new dashed green conflict paint design. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control, All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item A2 – Solid Green-Colored Pavement Paint: Bid item shall include full compensation for all labor, materials, and equipment required to paint the actual square footage of 1112 Waterborne High Build Traffic Marking Green Paint per Appendix G for the Solid Green Paint (two-coats) including the actual square footage of paint for the 6” white line painted edges (two-coats) per plans. Where there is a driveway, bus stop, or upcoming intersection, install paint as shown on the plans and as detailed per Driveway/ Bus Stop Green Bike Lane Conflict Marking Detail. Protect in place existing solid bike paint that is in good condition. Bid item shall also include the grinding removal and disposal of all paint and thermoplastic conflicting with new green paint design. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control. Work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item A3 – Bike Lane Buffer Lines and Buffer Markings: Bid item shall include full compensation for all labor, materials, and equipment required to paint Bike Lane Buffered 6” Solid White Lines (two-coats) as shown on plans per linear foot as shown on the Bid Schedule. This includes the actual lineal feet of paint for 6” Solid White Lines not associated with the green paint areas, and Diagonal Markings for Bike Lane Buffer areas as shown on plans. Bike Lane Buffer Lines and Buffer Markings shall not be painted where there is a driveway, bus stop, or upcoming intersection as detailed on the plans and as shown per Driveway/ Bus Stop Green Bike Lane Conflict Marking Details. Protect in place existing solid Bike Lane Buffer Lines and Buffer Markings that do not conflict with the design and are in good condition. Bid item shall also include the grinding removal and disposal of all paint and thermoplastic conflicting with new bike lane buffer design. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item A4 – Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow: Bid item shall include full compensation for all labor, materials, and equipment required to paint each Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow (both two-coats) per Bike Lane with Arrow Pavement Marking Detail per 10/22/2024 D3 54 of 342

40 plans. Protect in place all existing solid BIKE LANE Wording, Bike Lane Helmeted Bicyclist, and Bike Lane Arrow that do not conflict with the design and are in good condition. Bid item shall also include the grinding removal and disposal of all paint and thermoplastic conflicting with new bike lane designs. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work.

No additional compensation will be made.

Bid Item A5 – Sharrow Marking: Bid item shall include full compensation for all labor, materials, and equipment required to paint each Sharrow Marking (Two-coats white paint) per plans. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control, grinding removal and disposal of existing and conflicting striping, pavement markings, legends, thermoplastic, RPM’s, and epoxy conflicting with new design along with all clean-up of work. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item A6 – 6” Type ‘A’ AC Dike with (two-coat) White Paint: Bid item shall include full compensation for all labor, materials, and equipment required to install the actual lineal footage of 6” Type ‘A’ AC dike, per SDRSD No. G-05, as shown on plans, and per Typical Diagonal Buffer Hatching Detail. Bid item shall also include two- coats of white paint, per Painted AC Berm detail and pattern as called out per plans. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control, grinding removal and disposal of existing and conflicting striping, pavement markings, legends, thermoplastic, RPM’s, and epoxy conflicting with new design along with all clean-up of work. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item A7 – Post Delineators: Bid item shall include full compensation for all labor, materials, and equipment required to install each Impact Recovery Omega Post with Tuff Curb XLP. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control, grinding removal and disposal of existing and conflicting striping, pavement markings, legends, thermoplastic, RPM’s, and epoxy conflicting with new design along with all clean-up of work. All work shall be in accordance with the Manufacturer’s Specifications, Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

SIGNAGE

Bid Item A8 – New Sign on New and Existing Posts or Poles: Bid item shall include full compensation for all labor, materials, and equipment required to install each new sign per project plans on new or existing posts/ poles. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, 10/22/2024 D3 55 of 342

41 and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item A9 – Remove and salvage existing road sign and poles: Bid item shall include full compensation for all labor, materials, equipment, tools and mobilization to remove and salvage each existing road sign including the pole if no longer being used and delivering them to the Agency’s Public Works Yard at 1165 E. Taylor Street.

Any foundation concrete shall be removed and properly disposed. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

TRAFFIC IMPROVEMENTS

Bid Item A10, Type IV (L) and (R) Arrow Marking: Bid item shall include full compensation for all labor, equipment and material required to install each thermoplastic Type IV (L) and (R) Arrow Marking per plans. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control, grinding removal and disposal of existing and conflicting striping, pavement markings, legends, thermoplastic, RPM’s, and epoxy conflicting with new design along with all clean-up of work. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item A11, 6” White Lanelines and Type G One-Way Clear Retroreflective markers per Detail 9 of Caltrans Std. Plan A20A: Bid item shall include full compensation for all labor, equipment and material required to paint the actual lineal feet of 6” White Lanelines (Two-coats) and Type G One-Way Clear Retroreflective markers per Detail 9 of Caltrans Std. Plan A20A. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-

12.2, traffic control, construction staging, storm water pollution prevention & erosion control, grinding removal and disposal of existing and conflicting striping, pavement markings, legends, thermoplastic, RPM’s, and epoxy conflicting with new design along with all clean-up of work. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item A12, 6” Yellow Lines, No Passing Zones – Two Direction and Type D Two-Way Yellow Retroreflective markers per Detail 22 of Caltrans Std. Plan A20A: Bid item shall include full compensation for all labor, equipment and material required to paint the actual lineal footage of 6” Yellow Lines (Two-coats), No Passing Zones – Two Direction and Type D Two-Way Yellow Retroreflective markers per Detail 22 of Caltrans Std. Plan A20A. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control, grinding removal and disposal of existing and conflicting striping, pavement markings, legends, thermoplastic, RPM’s, and epoxy conflicting with new design along with all clean-up of work. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

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42 Bid Item A13, 6” White Bike Lane Intersection Line, per Detail 39A of Caltrans Std. Plan A20D: Bid item shall include full compensation for all labor, equipment and material required to paint the actual lineal footage of 6” White Bike Lane Intersection Line (Two-coats), per Detail 39A of Caltrans Std. Plan A20D. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control, the grinding removal and disposal of existing and conflicting striping, pavement markings, legends, thermoplastic, RPM’s, and epoxy conflicting with new design along with all clean-up of work. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item A14, 6” Yellow Line, Centerline Extensions Through Intersections, per Detail 41 of Caltrans Std.

Plan A20D: Bid item shall include full compensation for all labor, equipment and material required to paint the actual lineal footage of 6” Yellow Line, Centerline Extensions Through Intersections (Two-coats), per Detail 41 of Caltrans Std. Plan A20D. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control, grinding removal and disposal of existing and conflicting striping, pavement markings, legends, thermoplastic, RPM’s, and epoxy conflicting with new design along with all clean-up of work. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

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43 DESCRIPTION OF ALTERNATE 2 ITEMS:

PROTECTED BIKE LANES
Bid Item B1 – Dashed Green-Colored Conflict Pavement Paint (GBL Sheets 1-18, 23-33, 38 & 39): Bid item shall include full compensation for all labor, materials, and equipment required to paint the actual square footage of 1112 Waterborne High Build Traffic Marking Green Paint per Appendix G for the Dashed Green Conflict Paint (two-coats) including the actual square footage of paint for the 6” white line painted edges (two coats) per plans. Where there is a driveway, bus stop, or upcoming intersection, install paint as shown on the plans and as detailed per Driveway/ Bus Stop Green Bike Lane Conflict Marking Detail. Bid item shall also include the grinding removal and disposal of all paint and thermoplastic conflicting with new dashed green conflict paint design. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control, All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item B2 – Solid Green-Colored Pavement Paint (GBL Sheets 1-18, 23-33, 38 & 39): Bid item shall include full compensation for all labor, materials, and equipment required to paint the actual square footage of 1112 Waterborne High Build Traffic Marking Green Paint per Appendix G for the Solid Green Paint (two-coats) including the actual square footage of paint for the 6” white line painted edges (two-coats) per plans. Where there is a driveway, bus stop, or upcoming intersection, install paint as shown on the plans and as detailed per Driveway/ Bus Stop Green Bike Lane Conflict Marking Detail. Protect in place existing solid bike paint that is in good condition. Bid item shall also include the grinding removal and disposal of all paint and thermoplastic conflicting with new green paint design. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-

12.2, traffic control, construction staging, storm water pollution prevention & erosion control. Work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item B3 – Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow (GBL Sheets 1-18, 23-33, 38 & 39): Bid item shall include full compensation for all labor, materials, and equipment required to paint each Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow (both two-coats) per Bike Lane with Arrow Pavement Marking Detail per plans. Protect in place all existing solid BIKE LANE Wording, Bike Lane Helmeted Bicyclist, and Bike Lane Arrow that do not conflict with the design and are in good condition. Bid item shall also include the grinding removal and disposal of all paint and thermoplastic conflicting with new bike lane designs. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item B4 –Dashed Green-Colored Conflict Pavement Paint - Olive Ave (GBL Sheets 34-37): Bid item shall include full compensation for all labor, materials, and equipment required to paint the actual square footage of 1112 Waterborne High Build Traffic Marking Green Paint per Appendix G for the Dashed Green Conflict Paint (two-coats) including the actual square footage of paint for the 6” white line painted edges (two coats) per plans. Where there is a driveway, bus stop, or upcoming intersection, install paint as shown on the plans and as detailed per Driveway/ Bus Stop Green Bike Lane Conflict Marking Detail. Bid item shall also include the grinding removal and disposal of all paint and thermoplastic conflicting with new dashed green conflict paint design. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, 10/22/2024 D3 58 of 342

44 construction staging, storm water pollution prevention & erosion control, All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item B5 –Solid Green-Colored Pavement Paint - Olive Ave (GBL Shts 34-37): Bid item shall include full compensation for all labor, materials, and equipment required to paint the actual square footage of 1112 Waterborne High Build Traffic Marking Green Paint per Appendix G for the Solid Green Paint (two-coats) including the actual square footage of paint for the 6” white line painted edges (two-coats) per plans. Where there is a driveway, bus stop, or upcoming intersection, install paint as shown on the plans and as detailed per Driveway/ Bus Stop Green Bike Lane Conflict Marking Detail. Protect in place existing solid bike paint that is in good condition. Bid item shall also include the grinding removal and disposal of all paint and thermoplastic conflicting with new green paint design. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-

Bid Item B6 –Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow - Olive Ave(GBL Shts 34-37):

Bid item shall include full compensation for all labor, materials, and equipment required to paint each Bike Lane Helmeted Bicyclist Symbol Marking with Bike Lane Arrow (both two-coats) per Bike Lane with Arrow Pavement Marking Detail per plans. Protect in place all existing solid BIKE LANE Wording, Bike Lane Helmeted Bicyclist, and Bike Lane Arrow that do not conflict with the design and are in good condition. Bid item shall also include the grinding removal and disposal of all paint and thermoplastic conflicting with new bike lane designs. Bid item also includes all items as described in base bid items 1-5; including mobilization and demobilization, public notification per supplementary general provisions, section 7-12.2, traffic control, construction staging, storm water pollution prevention & erosion control. All work shall be in accordance with the Supplementary General Provisions, the Standard Specifications, the Supplementary Technical Provisions, and as directed by the Engineer, called for in the plans and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

--- END OF BID SCHEDULE ---

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45 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: _________________________________________________________________

(As described in the INSTRUCTIONS FOR SIGNING BIDS, BONDS AND CONTRACTS, complete and sign the appropriate section for your company)

Name of Individual Contractor (Print or type): ____________________________________________________

Signature of Contractor: _________________________________________________________________

Business Address: _________________________________________________________________

Name of Partnership or Joint Venture 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 Officer of Corporation Printed Name and Title

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46 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.

7. Note: Attached pre-printed list to this page to list additional projects. 10/22/2024 D3 61 of 342

47 CONTRACTOR’S LIST OF SUBCONTRACTORS

PROJECT NAME: PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

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

(Provide additional copies of this sheet if needed)

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48 NON-COLLUSION DECLARATION
PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

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

AGREEMENT AND BONDS

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49 BID SECURITY FORM
(For Cash or Checks)

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:

Work Description.

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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50 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.

BID SECURITY FORM

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51 BID SECURITY FORM
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:

Work Description.

(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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52 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.

BID BOND
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53 CONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into as of _____________________________ (“Contract Date”), by and between the City of Vista, a chartered municipal corporation (“Agency”), and Namex, status (“Contractor”).

Agency and Contractor are sometimes individually referred to as a “Party” and collectively as “Parties.”

In consideration of the mutual covenants contained herein, Agency and Contractor agree as follows:

SECTION 1

The Contract Documents consisting of the PROJECT SPECIFICATIONS, comprised of the NOTICE INVITING BIDS, the INSTRUCTIONS TO BIDDERS, the accepted BID PROPOSAL; BID SCHEDULE; CONTRACTOR’S LICENSING STATEMENT; PROJECT REFERENCES; CONTRACTOR’S LIST OF SUBCONTRACTORS;; PUBLIC CONTRACT CODE STATEMENTS AND QUESTIONNAIRE; NON-COLLUSION AFFIDAVITS; the CONSTRUCTION CONTRACT, CONTRACTOR’S CERTIFICATE, SUPPLEMENTARY GENERAL PROVISIONS, SUPPLEMENTARY TECHNICAL PROVISIONS, Special Provisions, Plans, Standard Plans and Specifications; together with all additions, deletions, modifications, appendices, and all addenda (No. ?), as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents, are hereby incorporated in and made a part of this Contract as fully as if set forth herein.

SECTION 2

For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to construct

STREET, TRAFFIC, AND STRIPING IMPROVEMENTS

as specifically set forth in documents entitled

PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

for which award of the Contract was made, to furnish at his own proper cost and expense 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. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of Worker’s Compensation Insurance for its employees.

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54 SECTION 3

For furnishing all said services and materials, payment of premiums on insurance policies, obtaining all permits and licenses of a temporary nature, furnishing and removing all plant, temporary work or structures, tools, and equipment, and for doing all the Work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements and from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work, and for all other risks of any description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the Agency, and for well and faithfully completing the Work and the whole thereof within the stipulated time and in the manner shown and described in the said documents, and in accordance with the requirements of the Engineer under them, the Agency will pay, and the Contractor shall receive in full compensation therefore, the prices set forth by him in the accepted bid. The total compensation will be computed on the basis of the units of work actually performed in accordance with the requirements of the Contract Documents and paid for at the stipulated prices named in the BID SCHEDULE for completion of the Work.

SECTION 4

The Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the Parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained.

SECTION 5

Contractor agrees to indemnify, defend, and save harmless, the Agency, its officers, agents, employees and volunteers from and against any and all claims, demands, damages, losses and expenses, defense costs including attorney fees, or liability of any kind or nature which the Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the Contractor’s performance under the terms of this Contract, caused in whole or in part by any negligent or willful acts or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the Agency.

[Continued on page 3.]

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55 SECTION 6

IN WITNESS WHEREOF, the Parties have caused this Contract to be executed as of the Contract Date.

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER

By:

NAMEX, status

By:

Name/Title

By:

Name/Title

CONSTRUCTION CONTRACT
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56 Bond No.

Premium: $
Effective Date:

PERFORMANCE BOND

PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

Contract Title,
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.

When City declares that Principal is in default under the Contract, Surety shall promptly, take one of the following actions:
(a) Remedy the default;
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57 (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.]

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

Dated:

“Principal”

THEPRINCIPAL

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.

FAITHFUL PERFORMANCE BOND

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59 Bond No.

Premium: $
Effective Date:

PAYMENT BOND
(LABOR AND MATERIALS)
PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

Contract Title,
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.

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.

60 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.

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”

THEPRINCIPAL

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.

PAYMENT BOND

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61 CONTRACTOR'S CERTIFICATE
PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

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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62 NON-COLLUSION DECLARATION FOR SUBCONTRACTORS

PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

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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63 SPECIAL PROVISIONS

SUPPLEMENTARY GENERAL PROVISIONS

PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

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.

PART 1 – GENERAL PROVISIONS

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.

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.

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64 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 Winter Break December 25 to January 1

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.

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, 10/22/2024 D3 79 of 342

65 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.

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.

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66 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 GBL ................. ........................ Green Bike Lanes 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 PBL .................. ........................ Protected Bike Lanes 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
FHWA .............. ........................ U.S. Department of Transportation Federal Highway Administration
MUTCD ............ ........................ Manual on Uniform Traffic Control Devices CALTRANS ....... ........................ California Department of Transportation

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, Instructions to Bidders, or the Specifications.

For projects with a value of $75,000 and less, the City Manager is authorized to award the Contract and the Agency will send a “Notice of Intent to Award” to the Contractor accepting the Bidder’s proposal. Within ten (10) Working Days of the date of this notification, the Contractor 10/22/2024 D3 81 of 342

67 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 $75,000, the City Council will award the Contract.

The Agency will send a “Notice of Intent to Award” to the Contractor. Within ten (10) Working Days of the date of this notice, 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.

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, 10/22/2024 D3 82 of 342

68 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.

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 10/22/2024 D3 83 of 342

69 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.

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.
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70 Certified by: ________________________________________ Printed name: ________________________________________
Title: ________________________________________
Date: ________________________________________

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, asphalt concrete, Portland Cement Concrete, reinforcing steel, etc. The Contractor shall submit mix designs for asphalt concrete and Portland Cement Concrete to the Engineer for approval. All asphalt concrete and 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) 10/22/2024 D3 85 of 342

71 showing that the mining operation is listed, prior to delivering any mineral construction 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 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.

2-8 RIGHT-OF-WAY.

Add the following paragraphs:

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 10/22/2024 D3 86 of 342

72 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 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.

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

Any work done beyond the lines and grades shown on the Plans or 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.

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73 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 otherwise specified, 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.

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.

2-14 FLOW AND ACCEPTANCE OF WATER.

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74 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.

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:

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75 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.

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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76 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.

The Contractor must bear all costs to revise bonds for the Project to include the cost reduction incentive proposal Work.

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77 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.

3-2.4 Agreed Prices.

Add the following to this subsection after the first sentence:

Agreed prices shall be negotiated before commencement of the Work.

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 10/22/2024 D3 92 of 342

78 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 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.

3-3.2.3 Markup.
3-3.2.3.1 Work by Contractor.

Replace the entire paragraph with the following:

3-3.2.3.1 Work by Contractor: The following allowable overhead and profit percentages shown in Table 3-3.2.3.1(A) below shall be added to the Contractor’s costs and shall constitute the markup for all overhead, insurance, and profits on work performed by the Contractor:
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79 Table 3-3.2.3.1(A)

COMPONENT OVERHEAD PROFIT
Labor 10% 10%
Materials 10% 5%
Equipment Rental 10% 5%
Other Items and Expenditures 10% 5%

Regardless of the number of hierarchical tiers of Subcontractors, the five percent (5%) which is the Contractor’s allowance 3.5% (for overhead) and 1.5% (for profit) may be applied one time only to the performing Subcontractor’s total cost.

One percent (1%) shall be added to the sum of the costs and markups provided for in the subsection as compensation for bonding.

3-3.2.3.2 Work by Subcontractor.

Replace the entire paragraph with the following:

3-3.2.3.2 Work by Subcontractor: When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 3-3.2.3.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of ten percent (10%) on the first Five-Thousand Dollars ($5,000) of the subcontracted portion of the Extra Work and a markup of five percent (5%) on work added in excess of Five-Thousand dollars ($5,000) of the subcontracted portion of the Extra Work may be added by the Contractor.

The markups specified in Subsections 3-3.2.3.1 (“Work by Contractor.”) and 3-3.2.3.2 (“Work by Subcontractor.”) shall be considered as full compensation and include, but not be limited to, the Contractor’s labor costs for personnel not working directly on the Extra Work, including the cost of administration and any tools or equipment that they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are actually used in the performance of the Extra Work. Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of Extra Work performed.

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.
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80 4-1.1 General.

Replace the subsection in its entirety with the following:

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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81 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.

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. 10/22/2024 D3 96 of 342

82 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.

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:
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83 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.

For the PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294), no substitute materials will be accepted for Bid Items 6, 7, 11, A1, A2, A7, B1, B2, B4 & B5. Bid items 6, 7, A1, A2, B1, B2, B4 & B5 shall include two-coats of 1112 Waterborne High Build Traffic Marking Paint Green paint per Appendix G and Bid items 11 & A7 shall be the Impact Recovery OmegaPost with Tuff Curb XLP; no substitute materials will be allowed.

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

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. 10/22/2024 D3 99 of 342

85 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.

5-6 COOPERATION.

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.).

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86 COMPANY UTILITY CONTACT TELEPHONE EMAIL
Vista Sanitation District Sewer Elmer Alex 760-643-5416 [email protected] Buena Sanitation District Sewer Elmer Alex 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 Engineering 760 597-3116 [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 Michael Estrada 619.341.0516 [email protected] Charter Communications Tele Communications Peter S. Crampton 619.207.7513 [email protected] Crown Castle Tele Communications Andrew Armstrong 760-613-4671 [email protected] NCTD Bus / Railroad Ruth H. 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 ten (10) Working Days after execution of the Contract 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 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, 10/22/2024 D3 101 of 342

87 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.

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 Contract time listed in the Specifications is the Agency’s best estimate of how long it will take to complete the Work. The construction schedule shall reflect all Contract requirements, shall recognize the requirements of Subsection 5-5 (“DELAYS.”), 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. No schedule shall call for completion of the Project before or after the Contract completion date. The Project owns the float time and is not for the exclusive benefit of any Party. As such, liability for delay of the project completion date rests with the party actually causing the delay to the project completion date. 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.

A Notice to Proceed shall be issued after the Pre-Construction Meeting, provided the Storm Water Pollution Prevention Plan (SWPPP) and the Construction Staging / Traffic Control Plan have been submitted by the Contractor and accepted by the Engineer, and all other appropriate Contract requirements are fulfilled. The Work shall start within ten (10) Working Days thereafter, and shall be diligently prosecuted to completion within the time provided in the Project Specifications.

For projects of forty-five (45) Working Days or more, the Contractor shall submit to the Engineer an updated construction schedule each month, showing the actual progress of the Work, as part of the Partial Payment request. Monthly progress payments are conditioned upon the Engineer receiving from the Contractor the monthly schedule update. Schedule updates must accurately reflect the “as-built” schedule. All changes to the schedule shall be highlighted or otherwise identified. Approved Change Orders shall also be incorporated in the updated schedule. It is highly recommended that a narrative be included with each update.

The narrative should include a description of any logic changes made to the Project, a commentary as to gains and losses to critical and near critical activities, and a quantification of the gains and losses to the critical path. Failure to provide an updated construction schedule may result in withholding Contract payments until one is submitted.

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.

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88 Add the following new subsection:

6-1.3 Pre-Construction Meeting.

6-1.3 Pre-Construction Meeting. A Pre-Construction Meeting shall be scheduled after the award and prior to 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.

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.

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89 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 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, within the number of days stated in the Notice Inviting Bids from the date of the Notice to Proceed. 10/22/2024 D3 104 of 342

90 Construction on the Project shall begin within ten (10) Working Days of the Notice to Proceed and progress in good faith towards completion without unnecessary delay. The Contractor must work diligently to complete all Punchlist items within twenty (20) Working Days after the Engineer provides the Punchlist.

During the course of construction of the Work, the Agency may require the Contractor to complete portions or phases of the Project, including backfill, compaction, testing, paving and site cleanup, before the Contractor will be allowed to proceed with other portions or phases of the Project. The specific requirements and limits, if necessary for this Contract, are either specified in the Special Provisions, shown on the construction drawings, or shall be determined by the Engineer.

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. However, certain streets may have specific requirements as stated in these specifications or stated on approved traffic control plans.

No work shall be done on Saturdays, Sundays, or holidays without authorization by the Engineer. Deviation from these non-Working Days will not be permitted without the prior consent of the Engineer except in emergencies involving immediate hazard to persons or property.

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.

Refer to Subsection 7-10 (“PUBLIC CONVENIENCE AND SAFETY.”) in these Specifications for specific traffic control, construction phasing, and detouring requirements for various streets included in this project. The Contractor’s Traffic Control Plan shall list the Working Days and Hours scheduled for each street, as described in these Specifications. Traffic Control Plans need to be specific showing actual street features including all existing striping and intersection details.

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

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91 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, or longer as specified below:

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.

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 10/22/2024 D3 106 of 342

92 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.

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 10/22/2024 D3 107 of 342

93 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 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.

6-9 LIQUIDATED DAMAGES.

Replace this subsection with the following:

6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive working day in excess of the time specified for completion of Work, as adjusted in accordance with Subsection 6-6 (“DELAYS AND EXTENSIONS OF TIME.”), the Contractor shall pay to the Agency, or have withheld from monies due the Contractor, the sum of five hundred dollars ($500.00).

Execution of the Contract shall constitute agreement by the Agency and Contractor that the sum of five hundred dollars ($500.00) per working day is the value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time.

Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR

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94 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 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 10/22/2024 D3 109 of 342

95 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.

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) 10/22/2024 D3 110 of 342

96 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 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. 10/22/2024 D3 111 of 342

97 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 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, 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 $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. 10/22/2024 D3 112 of 342

98 (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.

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 10/22/2024 D3 113 of 342

99 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.

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 10/22/2024 D3 114 of 342

100
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). 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.

Compliance with the provisions of this section shall be considered as included in the various Contract items of work to which such regulations are applicable and no additional compensation shall be allowed therefore. 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.

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.

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101
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, 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, 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 10/22/2024 D3 116 of 342

102
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 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 10/22/2024 D3 117 of 342

103
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:

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)
Water and Sewer
(for Emerald Dr., Olive Ave. and S. Melrose Dr.) City of Oceanside Utilities Department Bus / Railroad North County Transit District (NCTD)
State Highways California Department of Transportation
(Caltrans), District 11

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- 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/rules/doc/r1186/r1186_equip.pdf

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Upon completion and before making application for acceptance of the Work, 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.

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 Jason Christman at 760-726-1340 x 1264.

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

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105
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.

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 10/22/2024 D3 120 of 342

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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.

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

Add the following paragraphs:

For the PROTECTED BIKE LANES (C.I.P. Nos. 8362 & 8294) PROJECT, the Contractor may use available spaces at the Public Works Satellite Yard on 2430 Lupine Hills Drive, as a staging area, at his own risk. The Contractor shall deliver all salvaged materials owned by the City of Vista or Buena Sanitation District, except for traffic signs, to this yard. Salvaged traffic signs shall be delivered to the Agency’s Public Works Yard at 1165 E. Taylor Street. The Contractor shall first coordinate with the Wastewater Supervisor at City of Vista Public Works, obtain written permission from the Public Works Department, and obtain a key and lock from them, before using the yard for any purpose. The Contractor shall return the site to its pre-existing condition after using any area for staying or storing materials or equipment.

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.

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7-8.4.2 Storage in Public Streets.

Add the following paragraphs:

Personal vehicles of the Contractor’s employees shall not be parked on any section closed to the public traffic.

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 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.

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. 10/22/2024 D3 122 of 342

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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:

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.

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, some work will need to be night work. 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. Other conditions such as pedestrian access and the presence of schools or other special traffic and pedestrian generating facilities may affect the working hours. No work is allowed during any school start and release times; contractor responsible to verify when school is in session and the exact bell schedule for each school at the time of the work. The following is a summary of the requirements for each street.

Base Bid (Protected Bike Lanes CIP 8362)
• Bobier (from N Santa Fe Ave to E Vista Way; 3 sheets) One lane closure in each direction: 8:30 AM – 3:30 PM
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Near Vista High School: No work during school start and release; contractor to verify bell schedule
• E Vista Way (from Civic Center Drive to Taylor Street; 5 sheets) One lane closure in each direction:

Northbound: 8:30 AM – 3:30 PM
Southbound from Taylor to Bobier: 8:30 AM – 3:30 PM
Southbound from Bobier to Civic Center Drive: night work • N Melrose Drive (from Olive Ave to North Ave; 3 sheets) One lane closure in each direction: 8:30 AM – 3:30 PM
• N Santa Fe (from Vista Village Drive to E Bobier Drive; 3 sheets) One lane closure in each direction: 8:30 AM – 3:30 PM
Near VAPA School: No work during school start and release; contractor to verify bell schedule
• S Melrose Drive (from Lionshead Ave to Matagual Drive; 8 sheets) One lane closure in each direction: 8:30 AM – 3:30 PM
Near Rancho Buena Vista High School: No work during school start and release; contractor to verify bell schedule
• Sycamore Ave (from S Melrose Drive to Green Oak Road; 3 sheets) One lane closure in each direction: 8:30 AM – 3:30 PM
• Taylor Street (from N Santa Fe Ave to Cresthaven Drive; 2 sheets) Flagging where needed: 8:30 AM – 3:30 PM
Near Guajome Park Academy School: No work during school start and release; contractor to verify bell schedule
• Vista Village Drive (from W Vista Way to Hillside Terrace; 3 sheets) One lane closure in each direction: 8:30 AM – 3:30 PM

Bid Alternate 1 (Protected Bike Lanes – Olive CIP 8362) • Olive Avenue (from N Emerald Drive to Vista Village Drive; 6 sheets) Flagging where needed: 8:30 AM – 3:30 PM
Near VIDA School: No work during school start and release; contractor to verify bell schedule

Bid Alternate 2 (Green Bike Lanes CIP 8294)
All streets: 8:30 AM – 3:30 PM. No traffic control plan is required. Traffic control to be set up in the field per the CA MUTCD, Regional Standard Drawings and the Watch Manual.

7-10.2 Work Area Traffic Control.

7-10.2.1 General.

Add the following paragraph:

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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 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 10/22/2024 D3 125 of 342

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the specified time restrictions. The Contractor shall make adjustments to the construction 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 per Subsection 2-5.3.4 (“Supporting Information.”) at least ten (10) 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 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. 10/22/2024 D3 126 of 342

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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.

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.

7-10.4 Safety.
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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.

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.

7-11 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 ADVERTISING.
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Add the following new subsection:

7-12.1 City of Vista Project Information Signs.

7-12.1 City of Vista Project Information Signs. Before the start of any work, the Contractor shall design, supply, install, and maintain two aluminum 4’ x 4’ signs to inform the public about the Project. The signs shall be designed and made by a professional sign company. Sample artwork for each sign is included in the appendices (see list of Appendices in Table of Contents on Page 2). The Contractor shall submit the sign layout to the Engineer for approval before signs are fabricated.

Information on the sign shall include: City name with seal, Project name and CIP number, limits of Project, month and year when Project shall begin and end, funding source(s), and names of the City Council.

Project Information Signs shall be mounted on variable message boards. All signs provided by the Contractor shall be protected by an anti-graffiti coating similar to 3M/1160. Signs shall be posted at least three (7) Working Days prior to start of construction and remain posted until the final job walk is completed. The signs shall then be removed and properly disposed.

Contractor shall be responsible for the maintenance of these signs until removed.

Full compensation for the Project Information Signs, including design, construction, anti- graffiti coating, deployment, maintenance, and salvage removal / delivery at project completion to the Agency’s Public Works Yard at 1165 E. Taylor Street, and furnishing of all necessary labor, equipment, materials, and all other related costs shall be considered as included in the Bid price for “Project Information Sign.” Payment for the Project Information Signs shall be paid under the unit price bid for each sign as shown on the BID SCHEDULE at ninety percent (90%) for the completed installation of the signs, ten percent (10%) for the removal and delivery of the signs upon completion of the Work and no additional compensation shall be allowed therefore.

7-12.2 Public Notification.

7-12.2 Public Notification. The Contractor shall prepare typewritten Public Notification fliers in English and Spanish per the BID SCHEDULE. 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.

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.

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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 considered as included in the lump sum price Bid for Public Notification.

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 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.

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.

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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.

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

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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.

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:

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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.

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 monthly 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); 10/22/2024 D3 133 of 342

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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;

Monthly progress payments are conditioned upon the Agency having received from the Contractor the monthly 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.

Add the following paragraphs to this subsection:

A prime contractor or subcontractor shall pay any subcontractor not later than ten (10) 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 ten (10) 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 10/22/2024 D3 134 of 342

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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:

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 by the lump sum price bid as shown on the BID SCHEDULE. If the Mobilization and Demobilization bid item states a maximum percentage of total base bid on the BID SCHEDULE, the Agency reserves the right to conform the bid item price to the maximum stated percentage. When the Agency has to conform the bid item price to the maximum stated percentage, such action does not constitute a reason for the Contractor to withdraw their bid. If no separate item is shown in the bid for mobilization and demobilization, then the Contractor shall include all costs in 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.

When a separate bid item is included in the BID SCHEDULE, payments for mobilization and demobilization will be made in accordance to the following schedule:
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a] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is ten percent (10%) or more of the original Contract amount, twenty-five percent (25%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.

b] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is twenty- five percent (25%) or more of the original Contract amount, the total amount earned for mobilization and demobilization shall be fifty percent (50%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.

c] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is fifty percent (50%) or more of the original Contract amount, the total amount earned for mobilization and demobilization shall be seventy-five percent (75%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.

d] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is seventy-five percent (75%) or more of the original Contract amount, the total amount earned for mobilization and demobilization shall be ninety-five percent (95%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.

e] After final acceptance of the Project, the remaining unpaid amount, of the Contract item price for mobilization will be included for payment in the final progress payment.

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, whether or not there is a specific Bid Item for that work, and no additional compensation will be allowed.

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SUPPLEMENTARY TECHNICAL PROVISIONS

PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294)

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”).

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.

200-1.6 Stone for Riprap.
200-1.6.1 General.

Replace the second sentence in the first paragraph with the following:

Quarrystone shall be angular (used for higher velocities) and cobblestone shall be rounded (used for slower velocities).

200-2 UNTREATED BASE MATERIALS.
200-2.1 General.
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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 201 – CONCRETE, MORTAR, AND RELATED MATERIALS

201-1 PORTLAND CEMENT CONCRETE.
201-1.1.1 General.

Add the following paragraph to this subsection after the first paragraph:

Contractor shall furnish the Engineer a copy of the mix design to be used and with legible certified weight-master’s certificate for each load of PCC delivered to the Work. Portland Cement concrete delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the Work site.

201-1.1.2 Concrete Specified by Class and Alternate Class.

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

The concrete class, alternate class, and maximum slump for various types of construction shall be as specified in Table 201-1.2.2(A) except for the concrete class specified for Street Surface Improvements. Street Surface Improvements shall have a concrete class of 560-C- 3250.

201-1.2.4 Chemical Admixtures.

Revise paragraph (b) of this subsection to read as follows:

(b) Accelerating Admixtures. Calcium Chloride shall not be used as an admixture. Other accelerating admixtures shall conform to ASTM C 494, accelerating (Type C), or water-reducing and accelerating (Type E) admixtures, shall be approved by the Engineer prior to use. 10/22/2024 D3 138 of 342

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201-1.4.4 Hand Mixing.

Replace the first sentence with the following:

201-1.4.4 Hand Mixing. Hand mixing concrete shall not be allowed except by prior permission from the Engineer and, if permitted, only when the amount of concrete required is less than one cubic yard (1 yd.3). Prepackaged unmixed concrete shall not be allowed except by prior permission from the Engineer.

201-2 REINFORCEMENT FOR CONCRETE.
201-2.2 Steel Reinforcement.
201-2.2.1 Reinforcing Steel.

Replace the first sentence with the following:

201-2.2.1 Reinforcing Steel. Unless otherwise specified, reinforcing steel, except longitudinal steel, shall be Grade 60 billet steel conforming to ASTM A615.

201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS.
201-3.1 General.

Replace the second paragraph of this subsection with the following:

All expansion joints shall be formed with joint filler and sealed with Type “A” two-part polyurethane sealant per Subsection 201-3.4 (“Type “A” Sealant (Two-Part Polyurethane Sealant”). The filler shall be placed in the correct position before concrete is placed against it. Holes or joints in the joint filler shall be filled with joint sealant to prevent the passage of mortar or concrete from one side of the joint to the other.

SECTION 202 - MASONRY MATERIALS

202-2 CONCRETE BLOCK.

Add the following new subsection:

202-2.3 Concrete Segmental Blocks.

202-2.3 Concrete Segmental Blocks. Segmental block retaining walls shall be Keystone “Compac II Units Tri Plane Face” style gravity blocks, with a split-faced surface, or approved equal. The color of the blocks shall be tan, and shall be selected from the standard colors provided by the manufacturer. The Contractor shall provide a submittal for the blocks for approval by the Engineer.
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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:

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 D2-AR-8000 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.
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SECTION 209 – STREET LIGHTING AND TRAFFIC SIGNAL MATERIALS

209-2 REFERENCE SPECIFICATIONS.

Add the following to the end of this subsection:

p) All electrical components and electrical materials providing and / or using electrical service shall conform to all applicable City of Vista standards / ordinances, SDG&E Standards, Caltrans Standard Specifications, Caltrans Standard Plans, and the City of Vista Guidelines for the Preparation of Traffic Signal Design Plans.

209-3 COMPONENTS FOR STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS. 209-3.5 Conduit.

Add the following sentence:

209-3.5 Conduit. Conduit shall conform to the provisions in Section 86-2.05, "Conduit" and Subsection 86-2.05A “Materials” of the Caltrans Standard Specifications and these Special Provisions.

209-3.5.2 Rigid Metallic Conduit.

Replace the first sentence with the following:

209-3.5.2 Rigid Metallic Conduit. Conduit and conduit fittings shall be Type 1 (Hot-dip galvanized rigid steel) and, unless otherwise stated, a minimum standard two inches (2”) in diameter.

209-3.7 Pull Boxes.

Replace this subsection in its entirety with the following:

209-3.7 Pull Boxes. Pull boxes shall conform to the provisions in Subsection 86-2.06, “Pull Boxes”, Subsections 86-2.06A, “Materials” and 86-2.06B “Cover Markings” of the Caltrans Standard Specifications and these special provisions.

Pull boxes and covers shall be precast reinforced concrete except when the box is subjected to vehicular traffic loads. Steel reinforcing shall be as regularly used in the standard products of the respective manufacturer.

Cover marking on all new traffic signal pull boxes shall be “Traffic Signal” for traffic signal systems and “Lighting” for street light systems. The marking text shall be between one to three 10/22/2024 D3 141 of 342

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inches (1”-3”) high. Enclosures, covers, and extensions shall be concrete gray color. All covers shall have two (2) 0.375” brass or stainless steel stud bolts with nuts and washers recessed into the cover for securing the cover to the box. Pull box covers shall not contain hold-down bolts or hold-down bolt holes.

Unless otherwise stated, fiber-optic interconnect pull boxes shall be standard size 6E (with extension). All fiber optic pull box lids shall be concrete, one-piece lids.

Add the following new subsection:

209-3.7.1 Traffic Pull Boxes.

209-3.7.1 Traffic Pull Boxes. Traffic pull boxes shall conform to the provisions in Subsection 86-2.07, “Traffic Pull Boxes”, of the Caltrans Standard Specifications and these special provisions.

SECTION 212 – LANDSCAPE AND IRRIGATION MATERIALS

212-1 LANDSCAPE MATERIALS.

Revise this subsection to read as follows:

212-1 LANDSCAPE MATERIALS. All landscape materials shall conform to all applicable City of Vista Standard Specifications for landscaping (see list of Appendices in Table of Contents). If not otherwise specified in the City of Vista Standard Specifications for landscaping, landscape materials shall conform to the Greenbook, the San Diego Regional Supplement to the Greenbook, and these specifications.

212-1.1 Topsoil.
212-1.1.1 General.

Replace this subsection with the following:

All topsoil shall be Class “A” (“imported”), as specified herein.

212-1.2 Soil Fertilizing and Conditioning Materials.
212-1.2.5 Mulch.

Replace this subsection with the following:

All mulch shall be Type 1 (ground wood product) as specified herein.

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212-1.5 Headers, Stakes, and Ties.
212-1.5.2 Headers and Stakes.

Replace the first paragraph as follows:

Headers shall be two inch by four inch (2” x 4”) inch composite wood (similar to “Trex”) except that two one inch by four inch (1” x 6”) boards shall be supplied for laminations on turns and curves. Header stock shall be supplied in lengths of at least ten feet (10’). Stakes for headers shall be pointed one and one-half inch by eighteen inch (1-½” x 18”) long of one- quarter inch (¼”) thick steel and be set at three feet (3’) on center with stakes located within one foot (1’) of both ends of each header. Header joint splicing shall use four inch x six inch (4” x 6”) galvanized steel truss plates.

212-2 IRRIGATION SYSTEM MATERIALS.

Revise this subsection to read as follows:

212-2 IRRIGATION SYSTEM MATERIALS. All irrigation materials shall conform to all applicable City of Vista Standard Specifications for irrigation (see list of Appendices in Table of Contents). If not otherwise specified in the City of Vista Standard Specifications for irrigation, irrigation materials shall conform to the Greenbook, the San Diego Regional Supplement to the Greenbook, and these specifications.

212-3 ELECTRICAL MATERIALS.
212-3.1 General.

Add the following paragraph to this subsection:

All electrical materials used for irrigation shall conform to all applicable City of Vista Standard Specifications for electrical materials for irrigation. If not otherwise specified in the City of Vista Standard Specification for electrical irrigation systems, electrical materials used for irrigation shall conform to the Greenbook, the San Diego Regional Supplement to the Greenbook, and these specifications.

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.

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Add the following new Section:

SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS

214-4 PAINT FOR STRIPING AND MARKINGS
214-4.1 General.

Add the following paragraph to this subsection to read as follows:

All Traffic Striping, Pavement Marking, and Legends; shall conform to City of Vista Standards, San Diego Area Regional Standard Drawings (SDARSD) and Caltrans Specifications. If not otherwise specified, striping and thermoplastic shall conform to these specifications.

a. For all areas shown within these contract documents, the striping shall be changed from the existing striping to the proposed striping as indicated. Changes will be paid for in accordance with Section 3-2 if not otherwise listed as a Bid Item on the BID SCHEDULE.

b. All existing striping and thermoplastic shall be removed by grinding. All existing RPMs shall be removed and any residual epoxy removed by grinding.

c. Materials (paint and thermoplastic), equipment, mixing (paint), surface preparation, application and tolerances, shall conform to the State of California, Department of Transportation’s Standard Specifications (latest Edition), except as modified herein.

d. All traffic stripes and pavement markings shall be reflectorized. The Contractor shall apply two coats of paint on all traffic striping and bike lane designations, and apply thermoplastic to all legends (arrows, STOP, STOP AHEAD, mph, etc.), crosswalks, and limit lines.

e. The first coat of paint shall be applied the next working shift after the slurry installation is complete. Failure to complete the first coat of painting during the next working day shall result in liquidated damages being assessed to the Contractor in the amount of $500.00 per day, for each day the pavement surface remains unpainted with the first coat of paint.

The Engineer may also suspend the work in accordance with Section 6-3 and hire a different striping company to perform the work upon failure of the Contractor to perform.

All costs incurred to hire a separate company to complete the work will be back charged to the Contractor. The second coat shall be applied seven days after the first coat is applied. The maximum thickness of the two coats combined shall not be greater than 18 MILS when completely dried.

SECTION 215 – MISCELLANEOUS

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215-1 RESIDENTIAL MAILBOX.
215-1.1 General.

215-1.1 General. Mailboxes shall be of standard size (typically 8.75”H x 6.75”W x 19.0”D), made of solid aluminum, painted white by the manufacturer, and shall be approved by the United States Post Office. The mailbox shall be mounted on a pressure treated post and platform as shown on the City of Vista Standard Drawing SRF-04 consisting of a four-inch by four-inch (4”x 4”) pressure treated post (primed and painted with white solid body satin), one and one-half inches (1-1/2”) thick redwood or pressure treated platform (6.75”W x 19”D), and four galvanized lag bolts.

Prior to purchasing the new mailboxes the CONTRACTOR shall submit shop drawings to the ENGINEER for approval showing the manufacturers catalog sheets and including all mounting and installation details.
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PART 3 - CONSTRUCTION METHODS

SECTION 300 – EARTHWORK

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 10/22/2024 D3 146 of 342

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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 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.
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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.

Revise the first two sentences of paragraph b) to read as follows:

b) Concrete Pavement. Concrete pavement shall be removed to neatly sawed edges.

Sawcuts shall be made to a minimum depth of three inches (3”).

Revise the first sentence of paragraph c) to read as follows:

c) Concrete Curb, Walk, Gutters, Driveways, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of three inches (3”).

Revise the last sentence of paragraph c) to read as follows:

Curb and gutter shall be sawed to a minimum depth of three inches (3”), or otherwise as required to prevent damage to the adjacent concrete to remain, on a neat line at right angles to the curb face.

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. 10/22/2024 D3 148 of 342

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300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General.

Revise this subsection to read as follows:

300-2.1 General. Unclassified excavation shall consist of all excavation, including roadway excavation, removal and stockpiling of suitable material, mixing and moisture conditioning of dry material, mixing and drying of wet material by various methods, disposal of unsuitable materials (including cobbles, rocks and boulders), salvage and stockpile of existing topsoil for use on the Project, and all other required earthwork operations to bring all areas that are within the grading and excavation limits on both public and private property to the required subgrade elevations and cross sections as shown on the Plans and as required in the Project’s geotechnical investigation. Suitable excavated material may be used onsite to make all fills shown on the Plans. Unclassified excavation shall also include pumping and disposal of storm water and groundwater. Any tree roots or other deleterious material uncovered during excavation shall be completely removed and cut back so that new improvements will not be affected by future root growth.

In the event weather conditions make drying by aeration or other processes impractical as determined by the engineer, he may suspend the Work. However, the Contractor shall continuously provide for traffic and access requirements during the suspension period in conformance with these Technical Provisions. The Work shall be suspended as provided for in Section 6 (“PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK.”) of the Standard Specifications except the suspension shall not be deemed to be suspension by the Agency for its own convenience or benefit.

Stockpiling of material and storage of equipment or supplies associated with excavation and/or soil aeration activities within existing or proposed wetland, willow woodland or riparian areas is strictly prohibited.

300-2.2 Unsuitable Material.
300-2.2.1 General.

Revise this subsection to read as follows:

300-2.2.1 General. All excess material generated by the grading operations that is not suitable for backfill shall be excavated and disposed of by the Contractor at a legal disposal site. The Agency makes no claim on the suitability or moisture content of the existing materials. Any suitable local borrow materials at the site that the Contractor wishes to re-use shall be stockpiled by the Contractor. The location of stockpiles shall be approved by the Engineer prior to placement of materials, and all stockpiles shall be protected by erosion control measures.

All subgrade areas to receive fills or structures shall be inspected by the Geotechnical Engineer. All alluvial and colluvial soils, loose or poorly compacted soils, or existing dry material 10/22/2024 D3 149 of 342

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must be reworked before the placement of base or concrete can proceed. Areas where soils are loose or poorly compacted shall be reworked by excavating, blending and recompacting the loose soils to the specified compaction. The existing loose soils to be reworked shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. Dry materials shall be scarified and moisture conditioned to achieve the specified compaction. With the approval of the Geotechnical Engineer, the Contractor may choose to stabilize poorly-compacted areas with geogrid at his own expense.

If the Contractor wishes to temporarily stockpile material for disposal at a later date in any area other than the project area or construction staging area, the Contractor shall locate a suitable space which is outside the Public Right-of-Way and suitable to the Agency. The location of stockpiles shall be approved by the Engineer prior to placement of materials, and all stockpiles shall be protected by storm water pollution prevention and erosion control measures. The stockpiles shall be removed regularly from the Project site so as not to interfere with access to the Project.

If the excavated material is unsatisfactory as excavated for other uses in the Project, as determined by the Engineer, the Contractor shall remove and dispose of such excavated material off the site. The Contractor shall be responsible for obtaining a suitable legal disposal site for any unsuitable excavated materials in accordance with the appropriate section in the Standard Specifications.

300-2.2.2 Wet Material.

Revise this subsection to read as follows:

300-2.2.2 Wet Material. If required excavated material is unsatisfactory for the specified use on the Project solely because the material has a moisture content of four percent (4%) or more above the optimum moisture content, the Contractor shall process the material to reduce the moisture content to an optimum condition, or remove the material and replace it with suitable material. The material may be processed by blending the wet soil with soils having a lower moisture content and / or spreading the excavated material in a manner that enables the material to dry to optimum moisture content. With the approval of the Geotechnical Engineer, the Contractor may choose to stabilize unstable subgrade areas with geogrid at his own expense.

300-2.7 Selected Material.

Revise this subsection to read as follows:

300-2.7 Selected Material. Selected material encountered in excavation within the right- of-way shall be used as directed by the Engineer. Topsoil excavated within the limits of the Project may be considered as a selected material only for the purpose of backfilling areas to be planted.

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300-2.8 Measurement.

Add the following paragraph to this subsection:

The Plans and the Specifications show work to be done which requires earthwork, both cut and fill, to establish the lines and grades shown on the Plans. The Agency has endeavored to establish reasonable accurate earthwork quantities of the work actually involved and these quantities represent the results of actual survey measurements and data and calculated adjustments for changes proposed on the Plans, however, due to the approximate nature of such data and therefore the difficulty of making accurate measurements of earthwork quantities for this type of project, the estimated quantities for grading will be assumed to be the actual quantity. The Contractor shall review the site and make his own estimate of the Work required to complete the Project. No modifications shall be made to the quantity shown on the Plans and in the Specifications, unless additional quantities of grading are ordered by the Engineer.

300-2.9 Payment.

Revise this subsection to read as follows:

300-2.9 Payment. The BID SCHEDULE for this Project does not include a bid item for Unclassified Excavation. Full compensation for all necessary Unclassified Excavation 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.

The excavation, stockpiling, and placement of topsoil and suitable local borrow material will be included in Unclassified Excavation. Removing such material from the stockpile and placing it in its final position is also included in Unclassified Excavation. The Contractor may stockpile suitable local borrow material or import suitable borrow material; however, no separate payment will be made for excavating material from an optional stockpile or importing suitable borrow material and placing the material in its final position.

The removal and disposal of unsuitable material, and the over-excavating and reworking of material that can be made suitable, including groundwater removal by various drying procedures or other remedial geotechnical (soil) treatment shall be included in Unclassified Excavation and no additional compensation will be allowed.

The over-excavation and processing or removal and disposal of wet materials shall be included in Unclassified Excavation and no additional compensation will be allowed.

No separate payment will be made for excavating topsoil temporarily stockpiled and placing in its final location on the slope and other areas to be planted for erosion control planting or landscaping, whether or not required by the Contract Documents or by the Engineer.

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301-2 UNTREATED BASE.
301-2.1 General.

Add the following to this subsection:

Concrete curb, gutter, cross gutter, spandrel, sidewalk, driveway, and flatwork shall be placed on untreated compacted aggregate base, unless the existing material under the areas being repaired is determined to be firm and unyielding by the Engineer. New Asphalt Concrete Pavement shall also be placed on untreated compacted aggregate base. Untreated compacted aggregate base shall have the following thicknesses under respective concrete surface improvement unless shown otherwise on the Plans or specified:

PCC Sidewalk shall be placed on six inches (6”) of untreated compacted aggregate base.

PCC Curb and Gutter shall be placed on six inches (6”) of untreated compacted aggregate base.

PCC Pedestrian Access Ramp shall be placed on six inches (6”) of untreated compacted aggregate base.

PCC Driveway Entrance shall be placed on six inches (6”) of untreated compacted aggregate base.

PCC Cross Gutter and Spandrel shall be placed on twelve inches (12”) of untreated compacted aggregate base.

Asphalt Concrete Pavement shall be placed on untreated compacted aggregate base, using the thicknesses shown on the Plans.

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.

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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.

Revise this subsection to read as follows:

301-2.4 Measurement and Payment. The quantities of new untreated aggregate base will be calculated using the square footage of the improvements constructed on the base, multiplied by the thickness of the base shown on the plans or specified. If the Engineer directs the Contractor to place additional base, the thickness requested by the Engineer will be used in calculating the pay quantity. If the base thickness is increased by the Contractor for his convenience or to avoid performing additional required subgrade preparation, the additional base will not be included in the pay quantity.

Because the determination of whether untreated aggregate base will be needed in certain areas depends on the condition of the existing materials, it is a rough estimate for bidding purposes. Subsequently, this bid item is exempt from the adjustment of bid unit prices under Subsection 3-2.2.3 (“Decreases of More than 25 Percent.”).

To confirm the pay quantities, the Contractor shall furnish to the Engineer at the time of delivery of the material to the job site a legible copy of a licensed weigh master’s certificate showing gross, tare, and net weights of each truckload of untreated base. Failure of the Contractor to provide a certificate to the Engineer by the end of the day on which the material represented by such certificate is delivered to the job site may, at the discretion of the Engineer, result in the forfeiture of all payment for such material, including any labor and equipment costs or related costs included in the price for furnishing and placing the untreated base.

Payment for untreated compacted aggregate base will be made by Bid Price per as shown in the bid. 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.

302-6 PORTLAND CEMENT CONCRETE PAVEMENT.
302-6.1 General.

Insert the following after the first sentence of the first paragraph:

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Formwork shall be approved by the Engineer before placing concrete. The work shall include, but not be limited to, the saw cutting, removal and disposal of AC and sub-base, sub-grade preparation, base material, compaction, placement, materials, rebar, all labor, tools, equipment and incidentals necessary to do all of the work as specified on the Plans or as directed by the Engineer.

SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION

303-1 CONCRETE STRUCTURES.
303-1.1 General.

Add the following paragraph to this subsection:

Concrete footings for traffic signals and street lights and other structures such as steps, ramps and walls shall conform to these Plans, City of Vista Standards, Caltrans Standard Plans and Standard Specifications, the California Building Code (CBC) and the San Diego Regional Standard Drawings (SDRSD). If not otherwise specified in the Caltrans Specifications, concrete footings shall conform to these specifications and shall be approved by the Engineer. Full compensation for all required work to construct concrete footings will be considered as included in the related items of work.

303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.
303-5.1 Requirements.
303-5.1.1 General.

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

Unless otherwise prescribed in Subsection 303-5.1.3 (“Driveway Entrances.”), the minimum thickness of walks shall be four inches (4”). The height of curbs and the thickness of gutters, cross gutters, alley intersections, curb ramps and driveway aprons shall be as shown on the Plans.

303-5.1.4 Curbs.

Add the following new subsection:

303-5.1.4 Curb and Gutter. PCC Curb and Gutter shall be formed along the gutter lip using specified form material. For projects where curb and gutter is being constructed adjacent to existing pavement, a section of pavement twelve inches (12”) wide, measured from the lip of the gutter, shall be removed to allow for the gutter lip to be formed. The twelve inch (12”) slot shall be paved after the curb and gutter is fully cured, to avoid damage from paving operations.

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The Contractor shall exercise great care to construct curbs conforming strictly to ADA standards at locations where curb ramps will be constructed. The curb face shall be depressed to a flush surface with no lip at the flowline. The slope of the asphalt leading up to the curb ramp shall not exceed five percent (5.00%) for a distance of four feet (4’) with a maximum two percent (2.00%) cross slope per SDRSD No. G-32A.

The Contractor shall install eight inch (8”) mow curb in accordance with the San Diego Regional Standard Drawing (SDRSD) No. L-3 (“CONCRETE MOWING STRIP”). All mow curb shall be reinforced as shown on the standard drawing. New mow curb shall have weakened plane joints every ten feet (10’), and expansion joints every thirty feet (30’) and where new mow curb joins other improvements.

The Contractor shall identify locations of water and sewer laterals by stamping a “W” for water service and an “S” for sewer laterals in the green concrete curb after finish troweling is complete. The stamps shall be professionally fabricated, with letters three inches (3”) high.

Expansion joints are required only at beginning and ending of curb returns.

303-5.1.5 Walks.

Add the following new subsection:

303-5.1.5 Walks. Sidewalks shall be constructed in strict conformance with ADA standards. The cross slope on sidewalks shall in no case exceed two percent (2.00%). The clear width of sidewalk shall not be less than forty-eight inches (48”), measured from the back of curb. Construction tolerances shall not be a reason to exceed the minimum or maximum standards of the ADA. The width of the top of the curb cannot be counted as part of the sidewalk clearance.

If a monolithic retaining curb at the back of curb ramp or sidewalk with a maximum height of six inches (6”) is required to minimize erosion or match existing improvements or earth, the Contractor shall construct those retaining curbs at the back of the curb ramp or sidewalk to the limits determined by the Engineer. Retaining curbs shall not reduce the sidewalk clear width below the minimum of forty-eight inches (48”).

Where curbs are sleeved to provide connections to the gutter for yard drains, new sidewalk shall be constructed with under-sidewalk drains, in accordance with Subsection 306-7 (“Curb Drains.”) and SDRSD D-27 (“SIDEWALK UNDERDRAIN PIPE”).

Any irrigation facilities removed or adjusted for the construction of the sidewalk or other work shall be replaced, relocated, or re-configured with similar materials, so that the irrigation system is fully functional. Unless there is a bid item for landscaping and irrigation, payment for this work will be considered as included with other items of work.

Any turf, sod or landscaping removed adjacent to the Work for the construction of the sidewalk shall be replaced with new turf, sod or landscaping of the same type from a 10/22/2024 D3 155 of 342

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commercial nursery. Unless there is a bid item for landscaping and irrigation, payment for this work will be considered as included in the related items of work.

Expansion joints are required only at beginning and ending of curb returns.

303-5.1.6 Curb Ramp.

Add the following new subsection:

303-5.1.6 Curb Ramp. PCC Curb Ramp shall be constructed in strict conformance with ADA standards. The ADA standards are shown in the latest edition of the San Diego Regional Standard Drawings (SDRSD). For the construction of curb ramps, the Contractor shall refer to, and comply with, all of the requirements for curb ramps shown in the most recent version of the SDRSD Nos. G-27 through G-32B (“CURB RAMP”) (inclusive). The City of Vista has developed a checklist of ADA standards for curb ramps, to be used by the Contractor and the Engineer in confirming compliance with ADA standards for sidewalks and any type of curb ramps. The checklist is either included in the appendices to these specifications (see list of Appendices in Table of Contents on Page 2), or is available to the Contractor upon request.

The Contractor shall modify, adjust or relocate any adjacent improvements so the curb ramp can be constructed to ADA Standards. Before the placement of any concrete curb or curb ramp, the Contractor shall notify the Engineer if it appears that the specified maximum slopes will be exceeded due to existing conditions, to allow the Engineer the opportunity to provide direction. If the Engineer determines that a TYPE C CURB RAMP (per SDRSD No. G- 29) must be constructed instead of a TYPE A or TYPE B CURB RAMP (per SDRSD No. G-27), to fit existing conditions or minimize impacts to private property, the Contractor shall construct the alternate type of ramp. The Engineer shall pay the bid price for the specified ramp if there is no bid price for the alternate ramp.

If a monolithic retaining curb with a maximum height of six inches (6”) is required to minimize erosion or match existing improvements at the back side of the curb ramp, the Contractor shall construct those curbs at the back of the sidewalk to the limits determined by the Engineer, otherwise they may be eliminated. Retaining curbs shall not reduce the clear width of the landing below the minimum of forty-eight inches (48”).

The Contractor shall depress the curb to flush (0” curb face) in front of the curb ramp to meet ADA standards. The Contractor shall construct the road paving or remove and replace sufficient asphalt concrete paving and base to provide a four foot (4’) minimum square landing area, measured from the gutter flowline, where the slopes do not exceed five percent (5%) in any direction per California Building Code (CBC) 1127 B.5.3. The surface of the curb ramp and side flares shall be of contrasting finish from that of the adjacent sidewalk per CBC 1127 B.5.5.

If a diagonal curb ramp on a corner is being constructed at a crossing marked on the pavement, the Contractor shall provide twenty-four inch (24”) long segments of straight curb on each side of the curb ramp, per CBC 1127 B.5.9.

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The Contractor shall install a detectible warning surface pad on all pedestrian access ramps and curb ramps leading to hazardous area (e.g. vehicular traffic), as shown on the Plans or in the Standard Plans. The detectable warning surface pad shall extend the full width of the ramp forty-eight inches (48”) minimum and shall measure at least thirty-six inches (36”) along the ramp slope. The detectable warning surface pad or tile shall be securely attached to the surface of the concrete using adhesive and anchors as recommended by the manufacturer of the detectible warning surface. The concrete surface shall be recessed if required by the manufacturer of the detectable warning pad, and the Contractor shall follow all other manufacturer installation instructions. The detectable warning surface pad shall be integrally- colored “YELLOW” at all pedestrian access ramps (or curb ramps) on street intersections. The integral color of the detectable surface at all other on-site ramps shall also be Yellow.

The Contractor shall include in the unit price for Curb Ramps all related costs not covered by other bid items.

303-5.2 Forms.
303-5.2.2 Slip-Forms.

Add the following sentence to the end of the first paragraph:

Contractor shall give Engineer the opportunity to confirm the slip-form shoe is set at the correct batter for the concrete curb and gutter.

303-5.5 Finishing.
303-5.5.4 Gutter.

Add the following before the first sentence of the first paragraph:

303-5.5.4 Gutter. Cross gutters and spandrels shall be constructed in accordance with the Plans. Prior to acceptance of the valley gutter constructed by the Contractor, a flow test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5.7 (“Repairs and Replacements.”).

303-5.7 Repairs and Replacements.

Revise this subsection to read as follows:

303-5.7 Repairs and Replacements. Any new work found to be defective or damaged, cracked, chipped, discolored, improperly finished, heaved, vandalized, or for any other reason does not conform to the specifications, prior to its acceptance, shall be replaced by the Contractor, at the Contractor’s expense, as approved by the Engineer.

The Contractor shall exercise great care in the construction of curb ramps to ensure compliance with the ADA standards. Any curb ramps that do not satisfy the ADA requirements 10/22/2024 D3 157 of 342

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in any aspect, including exceeding the minimum or maximum values by ANY amount, shall be removed and replaced by the Contractor at his expense. Construction tolerances shall not be a reason to exceed the minimum or maximum standards of the ADA.

303-5.9 Measurement and Payment.

Revise this subsection to read as follows:

303-5.9 Measurement and Payment. The BID SCHEDULE lists various items that include concrete construction. Items of work shall be measured and paid for as shown in the Bid.

PCC Curb & Gutter shall be measured and paid for by the linear foot as stated in the BID SCHEDULE. Quantities of curb and gutter will be measured along the line of the curb, around curb returns, and across curb ramps and driveway entrances. Pay quantities for PCC Curb and Gutter will NOT include concrete improvements with monolithic curbs covered by separate items in the bid, such as curb ramps, cross gutters (and spandrels), alley aprons, parking areas and special driveway entrances. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, subgrade preparation, removing and replacing existing pavement to allow forming of the gutter lip, installing joints per SDRSD Nos. G-9 and G-10 (“SIDEWALK JOINT LOCATIONS” & “CONCRETE JOINT DETAILS”), installing sleeves for drains, and depressing curbs for driveway entrances and curb ramps, will be considered as included in the linear foot price bid for PCC Curb & Gutter, and no additional compensation will be allowed therefore.

PCC Median Curb (& Gutter), PCC Rolled Curb and PCC Mowing Strips shall be measured and paid for by the linear foot, as shown in the BID SCHEDULE. Quantities will be measured along the centerline of the new median curb (& gutter), rolled curb or mowing strips between adjacent existing concrete improvements. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, subgrade preparation, placing reinforcing steel, installing joints per SDRSD No. L-3 (“CONCRETE MOWING STRIP”) and all other work required to construct the PCC Median Curb (& Gutter), PCC Rolled Curb or PCC Mowing Strips, will be considered as included in the linear foot price bid for PCC Median Curb (& Gutter), PCC Rolled Curb or PCC Mowing Strips and no additional compensation will be allowed therefore.

“PCC Driveway Entrance” of the various types specified, including “Concrete Driveway” per SDRSD G-14A through G-14G, and “Alley-Type Driveway” per City of Vista Standard Drawing SRF-05A, shall be measured and paid for as stated in the BID SCHEDULE. Quantities of “PCC Driveway Entrance” will be measured to include all concrete flatwork that is thicker than adjacent sidewalk, from the back of the curb to the back of the accessible walkway area across the driveway and between the tops of the wings where the curb height is transitioning.

Quantities of “Alley-Type Driveway” will be measured from the lip of the gutter to the back of the accessible walkway area across the driveway, and between the tops of the ramps where the curb height is transitioning. If a monolithic retaining curb is required for the driveway, the top surface quantity of the retaining curb will be added to the quantity of the driveway. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, subgrade 10/22/2024 D3 158 of 342

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preparation, adjusting locations of driveways and widths of wings to meet City of Vista Standards, and installing joints per SDRSD Nos. G-9 and G-10 (“SIDEWALK JOINT LOCATIONS” and “CONCRETE JOINT DETAILS”), will be considered as included in the square foot or lump sum price bid for “PCC Driveway Entrance” or “Alley-Type Driveway”, of each type specified, and no additional compensation will be allowed therefore.

“PCC Pavement” for private driveway or flatwork shall be measured and paid for by the square foot as stated in the BID SCHEDULE. Quantities of “PCC Pavement” will be measured from the limit of the public PCC Driveway Entrance or public Alley-Type Driveway to the point where the new private driveway joins existing improvements, for the full width of the new driveway surface, typically on private property, or to the limits of the new PCC pavement as shown on the Plans. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans including clearing and grubbing, earthwork, subgrade preparation, placing reinforcing steel and dowels, adjusting locations of the removal and replacement limits to match existing joints or reduce the slope of the driveway surface, adjusting the profile of the new driveway surface to join existing improvements with a smooth transition and no sharp grade breaks and installing joints per SDRSD G-9 and G-10 (“SIDEWALK JOINT LOCATIONS” and “CONCRETE JOINT DETAILS”) will be considered as included in the square foot price bid for “PCC Pavement” and no additional compensation will be allowed therefore.

PCC Sidewalk shall be measured and paid for by the square foot as stated in the BID SCHEDULE. Quantities of PCC Sidewalk will be measured from the back of the curb to the back of the walk, and between adjacent concrete improvements covered by separate items in the bid, such as driveway entrances, curb ramps, cross gutters or alley aprons. The top surface of monolithic retaining curb with a maximum height of six inches (6”) will be included in the quantity of sidewalk. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, grading adjacent swales for drainage, subgrade preparation, placing reinforcing steel and dowels, installing joints per SDRSD Nos. G-9 and G-10 (“SIDEWALK JOINT LOCATIONS” and “CONCRETE JOINT DETAILS”), installing under-sidewalk drain pipes through curb sleeves to the gutter and providing monolithic retaining curbs or toe curbs as shown on the Plans or where designated by the Engineer, will be considered as included in the square foot price bid for PCC Sidewalk and no additional compensation will be allowed therefore.

PCC Curb Ramp shall be constructed in strict conformance with ADA standards and shall be paid for per each as specified on the BID SCHEDULE. The pay limit for each pedestrian access ramp (or curb ramp) will include the area within the measurements from the back of the street curb, up to and including the twelve inch (12”) wide border at the top of the ramp (or ramps) and the ramp wings or integral curbs that make up the side of the curb ramp, which surrounds the truncated dome detectable warning surface pad. Intermediate landings within the limits of the main ramp will be included in the measurement for pedestrian access ramps (or curb ramps). Concrete flatwork for the top landings, transition areas and ramping areas outside the border surrounding the truncated domes, and additional twelve inch (12”) wide borders at the top of the secondary ramping areas will NOT be included in the measurement for pedestrian access ramps (or curb ramps), but WILL BE measured and paid for with PCC Sidewalk. If integral curbs and hand railings are required for pedestrian access ramps (or curb ramps), that work shall be included in the price paid for pedestrian access ramp (or curb ramp) 10/22/2024 D3 159 of 342

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as shown in the bid. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, subgrade preparation, placing reinforcing steel and dowels, constructing a landing area in the street at the bottom of pedestrian access ramps (or curb ramps), installing detectible warning surface pads, constructing integral curbs and handrails, and strictly complying with all ADA standards, will be considered as included in the per each price bid for PCC Pedestrian Access Ramp (or PCC Curb Ramp) and no additional compensation will be allowed therefore.

PCC Cross gutter shall be measured and paid for by the square foot as stated in the BID SCHEDULE. Quantities of cross gutter will be measured along the line of the gutters and spandrels and include the monolithic curb around curb returns and across curb ramps, between adjacent concrete improvements covered by separate items in the bid, such as curb and gutter and curb ramps. Only the top surface of the monolithic curb will be included in the measurement. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, subgrade preparation, installing joints per SDRSD Nos. G-9 and G-10 (“SIDEWALK JOINT LOCATIONS” and “CONCRETE JOINT DETAILS”), depressing curbs for curb ramps, constructing a landing area in the spandrel at the bottom of the ramp, shaping the gutter and spandrel for proper drainage so water does not pond in front of the curb ramp landing, and water testing for proper drainage patterns, will be considered as included in the square foot price bid for PCC Cross Gutter and no additional compensation will be allowed therefore.

For other items of work that include concrete construction for which there is no bid item, the cost of such items shall be included in the related Bid Items. 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 the related items of work and no additional compensation will be allowed therefore.

306-1.1.5 Removal and Replacement of Surface Improvements.

Revise this subsection to read as follows:

306-1.1.5 Removal and Replacement of Surface Improvements. Bituminous pavement, concrete pavement, landscaping, fences, curbs, sidewalks, or driveways removed in connection with construction shall be removed and reconstructed in accordance with these specifications.

306-1.3 Backfill and Densification.
306-1.3.1 General.

Add the following after the third paragraph:

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Material obtained from the project excavations may only be used as backfill after it has been determined to be acceptable and approved by the Geotechnical Engineer and the Engineer.

306-1.3.4 Backfilling Narrow Trenches.

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

306-1.3.4 Backfilling Narrow Trenches. All narrow trenches for electrical and irrigation work shall be backfilled immediately after inspection and approval of the conduit placement by the Agency Inspector to minimize the length of time traffic control is required for the trench work. Narrow trenches are defined as ten inches (10”) or less in width. Backfill for narrow trenches shall be placed as specified in Subsection 306-1.3.1 (“General.”) except as modified herein. Narrow trenches shall be backfilled by use of trench backfill slurry per Subsection 201- 1 (“PORTLAND CEMENT CONCRETE.”), unless otherwise approved by the Engineer. Asphalt Concrete resurfacing of the trench per City of Vista Standard Drawings SRF-08A and SRF-08B (“TRENCH PAVING STANDARD”) may commence with other paving operations.

306-1.3.5 Jetted Bedding and Backfill Compaction Requirements.

Replace the first paragraph with the following:

306-1.3.5 Jetted Bedding and Backfill Compaction Requirements. Except as specified otherwise, trench bedding and backfill densified thru jetting shall be densified to a minimum ninety percent (90%) relative compaction.

306-1.5 Trench Resurfacing.
306-1.5.1 Temporary Resurfacing.

Modify the fourth paragraph to read as follows:

Full compensation for the furnishing, placing, maintaining, removing, and disposing of temporary resurfacing materials shall be included in the unit price of the underground conduit.

SECTION 307 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS

307-4 DAMAGE TO EXISTING SYSTEMS.

Add the following paragraph to this subsection:

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No payment shall be made for incidental repairs needed to improve surfaces or landscaping required for the construction and installation of these systems. Costs for any such efforts shall be included in the cost of related items themselves listed within the bid items.

307-8 FOUNDATIONS, FOUNDATION CAPS AND SLABS.
307-8.6 Payment.

Replace this subsection with the following:

307-8.6 Payment. Payment for foundations, including protection devices, bolt circles, and reinforcement, foundation caps, and slabs, shall be considered as included in the Contract Unit Price or lump sum price in the Bid for the work that required foundations, foundation caps, and slabs.

307-10 STANDARDS, PEDESTALS AND MAST ARMS.
307-10.4 Payment.

Replace this subsection with the following:

307-10.4 Payment. Payment for Standards and/or mast arms or pedestals shall be considered as included in the Contract Unit Price or lump sum price in the Bid for the work that required Standards, mast arms or pedestals.

307-11 PULL BOXES.
307-11.1 General.

Replace a) after the third paragraph with the following:

a) Two hundred feet (200’) for traffic signal interconnect,

Add the following sentence to b) after the fourth paragraph:

Pull boxes shall not be located in or within one foot (1’) of any part of any curb ramp (sloped portions of the ramp; wings; grooves; or landings).

Replace the seventh paragraph with the following:

The Contractor may, at its own expense and subject to the approval of the Engineer, install additional pullboxes or use a larger standard size than that shown or specified, to facilitate the Work.

Add the following paragraphs after the seventh paragraph:

When pull boxes within the limits of concrete work are being relocated or adjusted to grade, new pull boxes and covers to match the existing pull box shall be furnished and installed by 10/22/2024 D3 162 of 342

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the Contractor. If a larger pull box is needed to better accommodate the existing wires or conduit, the Contractor shall furnish and install the larger size pull box as directed by the Engineer.

Fiber optic pull boxes that are being adjusted to grade or relocated must be reconstructed like a new pull box.

When a pull box is subjected to vehicular traffic load, the cover shall be steel embossed with a non-skid pattern. Steel covers have a thirty-six inch (36”) minimum length bonding jumper attached to the systems ground. The box shall rest on a cast in place six inches (6”) wide by six inches (6”) deep minimum concrete footing around the full perimeter of the box.

Pull boxes in existing or future sidewalk areas shall be placed at sidewalk elevation. If there is no existing or future sidewalk in the area and an elevation is not shown on plans, pull boxes shall be set at the same elevation as adjacent signal standard base, service cabinet base or signal controller cabinet base. Pull boxes shall be five feet (5’) from base or as shown on the plans. The pull box elevations for pull boxes installed in median areas shall match the slope of the two adjacent curbs. The pull box elevation for pull boxes installed in planting areas adjacent to sidewalk or sidewalk area shall be at sidewalk grade. Pull box elevation shall be one-tenth of a foot (0.1’) above finished grade for all other areas unless elevation is shown on plans or otherwise directed by the Engineer.

When pull boxes are placed in dirt and planting areas, a concrete collar shall be constructed around the pull box. The top of the pull box shall match slope of the adjacent top of curb. The surface elevation of the collar shall match the surface elevation of the pull box and slope away from the pull box at a rate of 1:50 (2% slope). The width of the collar shall be twelve inches (12”) wide and three and one-half inches (3-½”) in depth.

The Contractor shall clean all pull boxes entered for installation of conduit or wire of all dirt and debris. All pull box lids damaged by Contractor operations shall be replaced at his/her expense. The wiring in these pull boxes shall be neatly bundled, recoiled and reinstalled in the box.

Where existing pull boxes are removed and adjusted to grade, or replaced with new larger boxes, the existing conduits within which the conductors or cables are installed shall be cut back to within two and one-half inches (2-½”) of the edge of the new box. When the conduits are cut, the existing cables or conductors must either be removed or well protected. The ends of the cut conduits must have bushings placed on them. The bushings can be threadless. The existing conductors or cables shall be re-routed to fit in the pull box.

Removed pull boxes shall become property of the Contractor and shall be removed from the project. Removed pull boxes within an improved surface such as concrete sidewalks, will replaced with the improved surface in kind, using methods described within these specifications.

307-11.3 Payment.
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Replace this subsection with the following:

307-11.3 Payment. Payment for pull boxes shall be considered as included in the Contract Unit Price or lump sum price in the Bid for the work or items that required pull boxes and no additional compensation shall be allowed.

307-12 CONDUIT.
307-12.1 General.

Add the following paragraphs:

Conduit shall conform to the provisions in Subsection 86-2.05, "Conduit", 86-2.05B - D “Use”, “Installation” and “Expansion Fittings” of the Caltrans Standard Specifications and these Special Provisions.

All conduit placed under the roadway shall be installed by jacking or drilling methods as provided in Subsection 86-2.05C, “Installation” of the Caltrans Standard Specifications. The “Trenching in Pavement Method” may be allowed at the discretion of the Project Engineer or Inspector such as in the event of obstructions or utility conflicts and provided that traffic delay will not exceed five (5) minutes. Depth of trenches for conduit installation shall be thirty inches (30”) minimum depth to top of conduit unless otherwise approved by Project Engineer or Inspector.

Conduit shall have a maximum 45-degree sweep. The minimum conduit bend radii shall be twelve (12) times the cable diameter or twelve inches (12”) minimum. At locations where existing conduit is to be used that does not meet these requirements for sweep and bend radii, conduit shall be replaced with new sweeps or bends with minimum radii.

With the exception for bends to and from pull boxes and foundations the conduit shall run straight and true so that cable pulling forces are minimized.

After cables have been installed, the ends of conduits terminating in pull boxes and/or controller cabinets will be sealed with an approved type of sealing compound.

Cement slurry and trench backfill to be placed as described within these specifications.

Existing conduit to be incorporated into a new system shall be cleaned with cylindrical wire brush, the proper size mandrel shall be verified by the Engineer and the conduit shall be blown out with compressed air. Both old and new cables shall be pulled into the conduit as a unit or as directed by the Engineer.

If pull boxes for traffic detector loops are relocated or adjusted to grade, new conduits shall be installed under the curb and gutter to provide access to the detector loop wires in the street.

Where conduit is installed in sidewalk and walkway areas the Contractor shall replace the sidewalk or walkway paving at the existing joint lines. The replacement surfacing shall match 10/22/2024 D3 164 of 342

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line, grade and material of the adjacent surfaces. This unit Contract price shall include the repair of all concrete, improved surfaces, damaged landscape features, and replacement of existing conduit.

307-12.4 Rigid Non-Metallic Conduit.

Replace the third sentence with the following:

A separate No. 8 AWG, solid bare ground wire and a pull rope conforming to Subsection 209-

3.6 (“Pull Tape or Rope.”) shall be inside at the time of installation.

307-12.6 Payment.

Replace this subsection with the following:

307-12.6 Payment. Payment for conduit shall be considered as included in the Contract Unit Price or lump sum price in the Bid for the work that required conduit and no additional compensation shall be allowed.

307-14 SERVICES.
307-14.1 General.

Add the following paragraph to this subsection:

The Contractor shall label the traffic signal electric meter cabinets with the address(es) using professional stencils or address decals. The street address(es) assigned to the electric service meter(s) is (are):

ADDRESS SERVICE DESCRIPTION
XXXX XXXXXX Electric meter service for traffic signal at intersections of XXXXXX and XXXXXX.

307-14.5 Payment.

Add the following paragraph to this subsection:

Payment for Electrical and Telephone Services for Traffic Signals shall be at the Contract Unit Price or lump sum price in the Bid, and shall constitute full compensation for all materials, labor, equipment, tools, obtaining City of Vista Electrical Permit, obtaining materials and equipment, trenching and backfill, supplying all materials needed for a complete installation, coordinating with the utility companies, concrete pad for electric meter pedestal, installing new pull boxes, and all other work and incidentals necessary to properly construct complete and 10/22/2024 D3 165 of 342

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fully functional telephone and electrical services to traffic signal controllers. If no bid item is included, payment for the work shall be considered included in the related items of work, and no additional compensation will be allowed.

307-17 TRAFFIC SIGNAL CONSTRUCTION.
307-17.1 General.

Add the following paragraphs:

Traffic signal improvements or modifications shall be constructed as shown on the Plans or as specified. The Contractor shall supply all materials, labor, tools and equipment required to install traffic signals at the locations indicated on the Plans. The Contractor shall either protect in place, or remove and replace, all existing traffic signal improvements, utilities, and other existing improvements that interfere with the work. All existing improvements disturbed by the work of the Contractor shall be replaced in a condition equal to, or better than, the condition prior to the work, in the sole opinion of the engineer, at no additional cost to the Agency.

The Contractor shall adjust signal poles to grade when surrounding surfaces are lowered by more than two inches (2”), or when the baseplate of the pole is more than two inches (2”) above the new finished grade. The Contractor shall remove existing grout under the baseplate, adjust the support nuts, adjust conduits and wiring as necessary, re-grout the baseplate, cut off anchor bolts that are excessively long and interfere with base covers, and re-install the baseplate cover.

The Agency will supply the following equipment for the Contractor’s use in constructing the Traffic Signal system:

QUANTITY DESCRIPTION OF ITEM MANUFACTURER MODEL #
1 USPD-2M2100-11212CTB2
1 W/A USP24 BASE
2 C/B 100A 2P 120/240 65K ED2100L
2 KIT, PHOTOCELL SOCKET
1 RELAY, MERCURY 30A 2P 120V WM35AA-
120A

1 RELAY, MERCURY 60A 2P 120V WM60AA-
120A

10 NAMEPLATES
2 C/B 15A 1P 120/240VAC 42K QHPX1015
2 C/B 20A 1P 120/240VAC 42K QHPX1020
2 C/B 30A 1P 120/240VAC 42K QHPX1030
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QUANTITY DESCRIPTION OF ITEM MANUFACTURER MODEL #
2 C/B 50A 1P 120/240VAC 42K QHPX1050
2 Fiber Optic Modems Vilink VK230ST03
2 Fiber Optic splice enclosures for pull boxes Corning UCVC 4/5-18 8 Street Name Signs Safeway Signs N/A

307-17.2 Controllers.
307-17.2.6 Payment.

Replace this subsection with the following:

307-17.2.6 Payment. Payment for controllers and all related equipment and labor shall be considered as included in the Contract Unit Price or lump sum price in the Bid for the work that required controllers and no additional compensation will be allowed.

307-17.7 Vehicle Detectors.
307-17.7.3 Inductive Loop Detectors.
307-17.7.3.1 General.

Add the following paragraphs to this subsection:

The Contractor shall mark out and document all locations of existing loop detectors, advanced loops, and home runs, before they are taken out of service, so that the existing loops can be replaced in-place. The mark-outs and documentation shall be approved by the inspector before work that disturbs the loops begins. The Contractor shall coordinate with the Inspector to confirm that all loops are working prior to being taken out of service.

New loops shall be installed in the new pavement surface course. Bicycle-sensitive detector loops shall be installed where shown on the Plans, or as specified. After the pavement work is completed, the Contractor shall return the detector loops to full operation.

For the PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294), the streets proposed to have the inductive loops relocated are classified as Arterial or Collector streets, and subsequently, traffic will experience some delays from the inductive loops being cut.

Inductive loops shall be replaced to be fully functional and operational within twenty-eight (28) calendar days from the day they become non-operational.

307-17.7.7 Payment.

Replace this subsection with the following:

307-17.7.7 Payment. Payment for constructing each vehicle detectors shall be at the Contract Unit Price or lump sum price in the Bid for each type of detector. If no bid item is 10/22/2024 D3 167 of 342

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included, payment for the work shall be considered included in the related items of work that require vehicle detectors, and no additional compensation will be allowed.

307-17.8 Pedestrian Signals.
307-17.8.4 Payment.

Replace this subsection with the following:

Payment for all work related to pedestrian push buttons on traffic signals shall be at the Contract Unit Price or lump sum price in the Bid, complete in place and fully functional. If no bid item is included, payment for the work shall be considered included in the related items of work that require vehicle detectors, and no additional compensation will be allowed.

307-17.11 Payment.

Add the following new subsection:

307-17.11 Payment. Payment for electrical and Traffic Signal System(s) installations or modifications shall be at the Contract Unit Price or the lump sum price in the Bid and shall constitute full compensation for all materials, labor, equipment, tools, design engineering and shop drawing preparation, coordination with SDG&E, obtaining a City of Vista Electrical Permit, obtaining and installing Agency-supplied materials and equipment, supplying all other materials needed for a complete installation, salvaging existing traffic signal poles and equipment, saw-cutting, clearing and grubbing, earthwork, trenching and boring, foundation work, backfilling and fine grading, supplying and installing conduit and conductors, supplying and installing pull boxes, relocating or adjusting pull boxes and signal poles to grade, replacing any pull boxes that are disturbed by construction, splicing and testing, making connections to electrical services and communication systems, grouting bases of signal poles, providing new traffic detector loops, supplying and installing all other materials needed for a complete installation, energizing and testing, and all other work and incidentals necessary to properly construct a complete and fully functional electrical and traffic signal system, as shown on the Plans and as described herein and no additional compensation will be allowed. If no bid item is included, payment for the work shall be considered included in the related items of work, and no additional compensation will be allowed.

No payment shall be made for incidental repairs needed to improve surfaces or landscaping required for the construction and installation of these systems. Costs for any such efforts shall be included in the cost of related items themselves listed within the bid items.

307-20 SALVAGE.

Replace the entire subsection with the following:

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307-20 SALVAGE. The Contractor shall salvage the existing traffic signal pole(s) and other equipment (pedestals, electrical equipment, etc.) as shown on the Plans or specified by the Engineer to be salvaged, and remove foundations that will no longer be used. The Contractor shall deliver any salvaged equipment to the Agency’s storage yard at 2430 Lupine Hills Drive.

Any items not specified to be salvaged shall become the property of the Contractor and shall be removed from the Work site. Any salvage value shall be reflected in the Bid.

Care shall be exercised in removing equipment to be salvaged so that it will remain in the condition existing prior to its removal. To avoid any live wires remaining in service, the entire length of wire extending to traffic signal pole(s) being removed shall be disconnected at the power supply and removed from the site. Complete restoration of affected surface improvements shall be required.

SECTION 308 – LANDSCAPE AND IRRIGATION INSTALLATION

308-1 GENERAL.

Revise this subsection to read as follows:

308-1 GENERAL. The surface preparation, construction of irrigation system for landscape areas, and installation of plants required by the Plans shall conform to the City of Vista standard special provisions for landscaping and irrigation. Technical Provisions from these specifications shall take precedence over other specifications.

The Contractor shall replace / restore all existing landscaping, sod, topsoil, and irrigation disturbed during the course of construction activities. All replacement of sod shall be of the same type as existed and as approved by the Engineer.

All replacement and new installation of landscape and irrigation shall be of the same type, size, caliper, and spacing as existing and as approved by the Engineer. All areas disturbed by construction, not covered by sidewalk or paved materials shall be landscaped and irrigated in accordance with these Technical Provisions.

All new landscaping shall be planted on salvaged topsoil or new Class A imported topsoil for a depth of twelve inches (12”) as approved by the Engineer.

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The Contractor shall coordinate the removal and reconnection of the existing irrigation system with the property owner. As soon as the improvements in the area where portions of the existing irrigation system had been removed are completed, the Contractor shall reconnect and adjust the irrigation heads so that irrigation may commence. Reconnection may entail replacement and reconfiguration of sprinkler heads for appropriate irrigation coverage. The Contractor shall sufficiently irrigate areas of existing landscaping that are not being irrigated by the compromised irrigation system during the shutdown period.

Any irrigation facilities removed or adjusted for the construction of the sidewalk or other work shall be replaced, relocated, or re-configured with similar materials approved by the Engineer, so that the irrigation system is fully functional and appropriate for the landscaping being irrigated.

308-3 HEADER INSTALLATION.

Add the following new subsection:

308-3.1 Composite Wood Landscape Edging Installation.

308-3.1 Composite Wood Landscape Edging Installation. Material for landscape edging installation shall conform to Subsection 212-1.5.2.

A] Preparation: Ensure that all underground utility lines are located and will not interfere with the proposed edging installation before beginning work. Locate border line of edging with string or other means to assure border straightness and curves as designed. Dig trench one inch (1”) deeper than set of edging bottom.

B] Set edging into trench with top at one-half inch (1/2”) above compacted finish grade on turf side. Drive stakes through edging pre-cut holes toward turf until locked in place.

Requires five (5) stakes evenly spaced for each twenty feet (20’) section, or three (3) stakes evenly spaced for each eight feet (8’) section. Provide additional stakes at approximately twenty-four inches (24”) apart as necessary to firmly secure edging for permanent intended use.

C] Where edging sections turn at corners and at angled runs turn edging back to desired angle to form rounded exposed radius.

D] Backfilling and Cleanup: Backfill both sides of edging, confirm and adjust if necessary that sections are securely held together, and compact backfill material along edging to provide top of edging at one-half inch (1/2”) above turf finish grade. Cleanup and remove excess material from site.

308-7 PAYMENT.

Revise this subsection to read as follows:

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Payment for the complete installation of Landscaping & Irrigation shall be at the lump sum price of landscape and irrigation repair as specified in the BID SCHEDULE, and shall constitute full compensation for all materials, labor, equipment, excavation, plant materials, irrigation materials, fine grading, geotechnical (soil) analysis, topsoil import and placement in all planted areas, sod, and wild flower hydroseed, and all other work and incidentals necessary as specified and not included in a separate bid item and no additional compensation will be allowed therefore.

Payment for Plant Establishment Period and Maintenance of ninety (90) calendar days shall be included in the lump sum or landscape and irrigation repair and shall constitute full compensation for all materials, labor, equipment, and all other work and incidentals necessary as specified, and no additional compensation will be allowed.

Payment for all irrigation work as specified in these specifications shall be included in the bid item for Landscaping & Irrigation Repair at the lump sum price bid as shown in the BID SCHEDULE and no additional compensation will be allowed therefore.

Add the following new Section:

SECTION 312 – MISCELLANEOUS

312-1 RESIDENTIAL MAILBOX.
312-1.1 General.

The work shall consist of removing, temporarily relocating, and finally replacing with new mailbox posts, platforms, mailboxes, mounting plate and lag bolts for all existing mailboxes to be impacted by the construction. In the event that the homeowner wants the existing mailbox reinstalled, the CONTRACTOR shall reinstall the existing mailbox instead of supplying new mailbox. Decorative mailboxes made out of materials that cannot be readily replaced will be salvaged to the homeowner. The CONTRACTOR shall determine such locations for temporary relocations and final placement of the mailbox, after consultation with the homeowner of the property, the ENGINEER, and the local Post Office.

New mailboxes with a four inch by four inch (4”x 4”) pressure treated post, a one and one- half inch (1-1/2”) thick redwood or pressure treated wood support and galvanized lag bolts shall be installed in accordance with the details shown on City of Vista Standard Drawing SRF- 04 (“MAILBOX INSTALLATION DESIGN IN SIDEWALK”). Mailboxes, posts, and hardware shall be per Subsection 215-1 (“RESIDENTIAL MAILBOX.”) of these specifications.

Some existing mailboxes consist of multiple units serving two or more residences. These mailbox clusters shall be installed with new individual mailboxes mounted on a similar cluster style mounting plate. If the multiple unit is a standard metal style group mailbox, then the CONTRACTOR shall reinstall the group mailbox.

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Prior to purchasing the new mailboxes the CONTRACTOR shall submit shop drawings to the ENGINEER for approval showing the manufacturers catalog sheets and including all mounting and installation details.

312-1.2 Payment.

New Mailbox or Relocate Existing Mailbox shall be paid for per each bid price as shown on the BID SCHEDULE. Such price shall be paid for each mailbox serving an individual residence whether existing mailbox was relocated or replaced including cluster style grouped mailboxes and shall include full compensation for materials, labor, and equipment required for Mailbox and no additional compensation will be made.

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 grinding 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.

For the PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294), contractor shall grind and dispose of all existing and conflicting striping, pavement markings, legends, thermoplastic, RPM’s, and epoxy conflicting with the new design as directed by the Engineer, shown on the plans and within the limits of work, including disposal, sweeping, blowing, and other work to clean up from the grinding operations. No additional compensation will be made.

314-2.2 Measurement.

Delete this subsection in its entirety.

314-2.3 Payment.

Replace this subsection in its entirety with the following:
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314-2.3 Payment. Payment for removal of traffic striping, and pavement markings will be made at the Lump Sum price bid for removal and disposal of existing striping, pavement markings, thermoplastic, and RPM epoxy by grinding, as shown on the Bid Schedule and no additional compensation will be made therefore, or considered as included in the prices Bid for other related items of work.

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 stops, and new red curb and blue curb at the locations shown on the Plans.

For the PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294), no striping plans are included in the Contract Documents for the various streets. The Contractor shall document on the plans and along the street all existing striping and pavement markings that will be 10/22/2024 D3 173 of 342

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disturbed by the work, before the striping and pavement markings are disturbed by construction, so that the existing striping and pavement markings can be replaced in-kind. The striping documentation shall include the type of material, dimensions, and location of striping and pavement legends, and shall be approved by the Inspector before removal work proceeds.

Any changes to the existing striping shall be installed as 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 with thermoplastic.

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 pavement markings (legends) including STOP, STOP AHEAD, Stop Bar, Signal Ahead, Limit Lines, Crosswalks, Arrows and Speed Limits to be replaced shall be thermoplastic. Other striping shall be painted including yellow paint, bike lane designations, bike pavement markings and bicycle symbols. 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.

For the PROTECTED BIKE LANES PROJECT (C.I.P. Nos. 8362 & 8294), all signs installed on new posts shall be installed per the Plans. In addition, all sign posts installed in concrete sidewalk or other hardscape shall be installed

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 10/22/2024 D3 174 of 342

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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***
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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

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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).
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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 ________________________

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Table 1.0 Minimum Construction Best Management Practices (BMPs) Daily
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GENERAL SITE MANAGEMENT
Employee & Subcontractor Training CA40 x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Materials Management
(select all applicable to site activities)3
Material Delivery / Storage WM-1 CA10 x x x x x x x x x x x xxx xxxx Material Use WM-2CA11 x x xxxxxxxx x xxx xxxx
Spill Prevention and Control WM-4 CA12 x x x x
Waste Management 3
Solid Waste Mgmt 3 WM-5CA20 x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Sanitary / Septic Waste Mgmt 3 WM-9CA24 x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Concrete Waste Mgmt 3 WM-8 CA23 x x x x x x xxxx x
Hazardous Waste Mgmt 3 WM-6 CA21 xxxx
Contaminated Soil Mgmt 3 WM-7CA22 xxxx xxxx xxxxx

OFFSITE SEDIMENT TRACKING

CONTROL
(must select 1 or more)3
Entrance/Exit Inspection, Cleaning x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Stabilized Construction Entrance/Exit 3 TC-1ESC24x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Construction Road Stabilization TC-2ESC23x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Entrance/Exit Tire Wash TC-3 x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Vehicle & Equipment Management
Vehicle & Equipment Cleaning NS-8 CA30 x x x x x x x x x x x x x x x x x x Vehicle & Equipment Fueling NS-9 CA31 x x x x x x x x x x x x x x x x x x Vehicle & Equipment Maintenance NS-10 CA32 x x x x x x x x x x x x x x x x x x Construction Practices
(select all applicable to site activities)3
Water Conservation NS-1 x xxxxxxxxx x xx x xxxxx
Structure Construction & Painting WM-6 CA03 x x x x x x xxx Paving Operations NS-3 CA02 xxxxxx
Dewatering Operations NS-2 CA01 x x x x x xxxxx

VELOCITY REDUCTION
(select all applicable to site)3
Outlet Protection SS-10 ESC40 x x x x x x x x x x x x
Check Dams SC-4 ESC41 x x x x x x x x x x x
Flared Culvert End Sections SS-10 x x x x x x x x x x x Slope Roughering & Terracing NA ESC42 x x x x x x x x x x x Category of Activity
BMP
Identification
Number
Planting and
Landscaping
Storm Water Best Management Practices
(BMP)Earthwork Waterways
Site
Preparation and
Earthmoving
Construction or Relocation
of Below Ground Structures
and/or Utilities
Roadways,
Walkways and
Parking
Lots
Construction of
Above Ground
Structures
10/22/2024 D3 180 of 342

EROSION CONTROL
Site Planning Considerations 3
Scheduling 3 SS-1ESC01x xxx xxxxx xxxxxxxxxxxxxxxxxx
Preservation of Exist Vegetation 3 SS-2 ESC02 x x x x x x x x x xxxxxxxx Vegetation Stabilization
(must select 1 or more)3
Temp Seeding and Planting 3 SS-4 ESC10 x x xxxxxxxx
Temp Mulching 3 SS3,6,8 ESC11 x x xxxxxxxx
Hydroseeding 3 SS-4 x x xxxxxxxx
Vegetation Buffer Strips 3 NA x x xxxxxxxx
Physical Stabilization
(must select 1 or more)3
Dust Control 3 ESC21 xxxxxxxx xxx xxxxxxxxxx xxx
Geotextiles, Mats, and Fiber Rolls 3 SS-7 ESC20 x x xxxxxxxx Bonded Fiber Matrix 3 SS-5 x x xxxxxxxx
Soil Stabilizers 3 SS-5 x x xxxxxxxx
Temp Stream Crossing 3 NS-4ESC22 xxxx xxxxxx x xxxxxxx xx xxx Diversion of Runoff
Earth Dikes SS-9 ESC30 x x x x x x x x x x x x x x x
Ditches and Berms SS-9 xxx xxx xxxxx xx
Temp Drains and Swales SS-9 ESC31 x x x x x x x x x x x x Slope Drains SS-11 ESC32 x x x x x x x x x x x x

SEDIMENT CONTROL
(must select 1 or more)3
Silt Fence 3 SC-1ESC50 xxxx xx xxxxx xx
Straw Bale Barrier 3 SC-9ESC51 xxxx xx xxxxx xx
Sand Bag/Gravel Bag Barrier 3 SC-6, SCESC52 xxxx xxx xxxxx xx Brush or Rock Filter 3 NA ESC53 xxxx xx xxxxx xx
Storm Drain Inlet Protection 3 SC-10ESC54 xxxx xxx xxxxx xx Straw Wattles 3 SC-5 xxxx xx xxxxx xx
Sediment Trap 3 SC-3ESC55 xxxx xxx xxxxx xx
Sediment Basin (sized for 10-yr storm)3 SC-2ESC56 xxxx xx xxxxx xx

10/22/2024 D3 181 of 342

Table 2.0 Selected Construction Best Management Practices (BMPs) 3 Shown
on
plans?
If not shown on plans, why?
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GENERAL SITE MANAGEMENT
Employee & Subcontractor Training CA40
Materials Management
(select all applicable to site activities)3
Material Delivery / Storage WM-1 CA10
Material Use WM-2 CA11
Spill Prevention and Control WM-4 CA12
Waste Management 3
Solid Waste Mgmt 3 WM-5 CA20
Sanitary / Septic Waste Mgmt 3 WM-9 CA24
Concrete Waste Mgmt 3 WM-8 CA23
Hazardous Waste Mgmt 3 WM-6 CA21
Contaminated Soil Mgmt 3 WM-7 CA22

OFFSITE SEDIMENT TRACKING CONTROL
(must select 1 or more)3
Entrance/Exit Inspection, Cleaning
Stabilized Construction Entrance/Exit 3 TC-1 ESC24
Construction Road Stabilization TC-2 ESC23
Entrance/Exit Tire Wash TC-3
Vehicle & Equipment Management
Vehicle & Equipment Cleaning NS-8 CA30
Vehicle & Equipment Fueling NS-9 CA31
Vehicle & Equipment Maintenance NS-10 CA32
Construction Practices
(select all applicable to site activities)3
Water Conservation NS-1
Structure Construction & Painting WM-6 CA03
Paving Operations NS-3 CA02
Dewatering Operations NS-2 CA01

VELOCITY REDUCTION
(select all applicable to site)3
Outlet Protection SS-10 ESC40
Check Dams SC-4 ESC41
Flared Culvert End Sections SS-10
Slope Roughering & Terracing NA ESC42

EROSION CONTROL
Site Planning Considerations 3
Scheduling 3 SS-1 ESC01
Preservation of Exist Vegetation 3 SS-2 ESC02
BMP Identification
NumberStorm Water Best Management Practices
(BMP)
BMP Selected
Implementation Date Maintence Schedule Other Notes

10/22/2024 D3 182 of 342

EROSION CONTROL (continued)
Vegetation Stabilization
(must select 1 or more)3
Temp Seeding and Planting 3 SS-4 ESC10
Temp Mulching 3 SS3,6,8 ESC11
Hydroseeding 3 SS-4
Vegetation Buffer Strips 3 NA
Physical Stabilization
(must select 1 or more)3
Dust Control 3 ESC21
Geotextiles, Mats, and Fiber Rolls 3 SS-7 ESC20
Bonded Fiber Matrix 3 SS-5
Soil Stabilizers 3 SS-5
Temp Stream Crossing 3 NS-4 ESC22
Diversion of Runoff
Earth Dikes SS-9 ESC30
Ditches and Berms SS-9
Temp Drains and Swales SS-9 ESC31
Slope Drains SS-11 ESC32

SEDIMENT CONTROL
(must select 1 or more)3
Silt Fence 3 SC-1 ESC50
Straw Bale Barrier 3 SC-9 ESC51
Sand Bag/Gravel Bag Barrier 3 SC-6, SC-8 ESC52
Brush or Rock Filter 3 NA ESC53
Storm Drain Inlet Protection 3 SC-10 ESC54
Straw Wattles 3 SC-5
Sediment Trap 3 SC-3 ESC55
Sediment Basin (sized for 10-yr storm)3 SC-2 ESC56
10/22/2024 D3 183 of 342

10/22/2024 D3 184 of 342

Page 1 of 2 ends

Vista City CouncilOctober 22, 2024

Vista City Council
October 22, 2024