Vista City Council
August 26, 2025

ACTION:
____________________________

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

Erin Adams, Administrative Programs Manager
Jason Rivera, Capital Projects Manager Meeting Date: August 26, 2025 Approved by:

Greg Mayer, Department Director
John Conley, City Manager Agenda Location: Consent Calendar S
UBJECT: CIP NO. 8332 – MICHIGAN AVENUE PARKING LOT PROJECT – AWARD OF CONTRACT RECOMMENDATION: Adopt City Council Resolution No. 2025- , awarding a construction contract to Montano Pipeline, Inc. for the Michigan Avenue Parking Lot Project (CIP No. 8332).

CORRELATION TO CITY COUNCIL GOALS: Traffic: Continue to enhance mobility safety, 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).

STATEMENT ON THE SUBJECT: Capital Improvement Project (CIP) No. 8332 involves the construction of a new parking lot at the southeast corner of Vista Village Drive and Michigan Avenue. The site was previously occupied by a single-family home located at 119 Michigan Avenue, which the City purchased and subsequently demolished to make way for this parking lot. The new parking lot will add approximately 28 spaces and will include a retaining wall, landscaping and solar lighting. The project will also add perimeter fencing from N. Citrus Avenue along Vista Village Drive behind the sidewalk to Michigan Ave.

S
taff advertised the project for competitive bids on the City’s procurement website and online procurement portal, OpenGov. On July 24, 2025, the following fourteen bids were received:

Bidder’s Name Office Location Total Bid Amount
M ontano Pipeline, Inc. Chula Vista, CA $698,194.00
HSCC, Inc. El Cajon, CA $732,003.00
Tri-Group Construction, Inc. San Diego, CA $733,927.00 Fordyce Construction, Inc. Santee, CA $739,186.00
Western Rim Construction, Inc. Escondido, CA $745,103.10 LB Civil Construction Escondido, CA $772,681.00
Sylverain, Inc. San Diego, CA $788,113.18
Whillock Contracting, Inc. La Mesa, CA $798,633.23
Blue Pacific Engineering Construction, Inc. San Diego, CA $799,400.00 RAC Construction & Engineering, Inc. San Diego, CA $814,879.00 LC Paving & Sealing Escondido, CA $834,181.95
Palm Engineering Construction Company San Diego, CA $983,615.00 All American Building Services Santa Clarita, CA $1,067,048.00 US Builders & Consultants, Inc. Irvine, CA $1,136,760.00 AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
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MEETING DATE: August 26, 2025 PAGE 2
SUBJECT: CIP NO. 8332 – MICHIGAN AVENUE PARKING LOT PROJECT – AWARD OF CONTRACT Staff has reviewed the bid of $698,194.00 from Montano Pipeline, Inc. and has determined that they are the lowest responsible bidder who responded to all the requirements of the bid request for the parking lot base bid items. Therefore, staff recommend that the City Council award the contract for the Michigan Avenue Parking Lot Project (CIP Nos. 8332) to Montano Pipeline, Inc.

The per
imeter fencing and access gates were not included in the original design scope or budget. To assess their cost impact, staff added them as alternative bid items. Montano Pipeline Inc. submitted a bid of $61,536 for the fencing. Staff has determined that sufficient funds are available to cover these additional improvements.

F
ISCAL IMPACT: The construction contract for the base bid and alternate bid items is $759,730, with a 10 percent contingency for a total budget of $835,703. Sufficient funding is budgeted and available in the Fiscal Years 2024/25 and 2025/26 Capital Improvement Budgets in CIP No. 8332, Source Appropriation Accounts (Nos. 0026555.578999.8332 and 1106575.578999.8332).

EXHIBITS:

1. City Council Resolution 2025- , awarding a construction contract to Montano Pipeline, Inc. for the Michigan Avenue Parking Lot Project (CIP No. 8332)

2. Contract with Montano Pipeline, Inc.
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00029213 7
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO
MONTANO PIPELINE, INC. FOR MICHIGAN AVENUE PARKING LOT
PROJECT (CIP NO. 8332)
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 the Michigan Avenue Parking Lot Project (CIP No. 8332) and on July 24, 2025, public bids for construction were opened and Montano Pipeline, Inc. was the lowest bidder.

B. Staff determined that the bid submitted by Montano Pipeline, Inc. is responsive in all material aspects to the request for bids. Staff has determined that the bid from Montano Pipeline, Inc. for the construction of the Michigan Avenue Parking Lot Project is the lowest responsive and responsible bid.

2. Action.

A. The contract between the City of Vista and Montano Pipeline, Inc. for the Michigan Avenue Parking Lot 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 August 26, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20250814101457
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
SUMMARY CONSTRUCTION – COV LOCAL Page 1 of 3 MONTANO PIPELINE, INC. [00064028-1] 00064028 1

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 Montano Pipeline, Inc., 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 (No. 3), 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

PARKING LOT AT MICHIGAN AVENUE
as specifically set forth in documents entitled
MICHIGAN AVE PARKING LOT PROJECT (CIP NO. 8332)
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 aforesaid work during its progress or prior to acceptance from the action of the elements and 08/26/2025
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EXHIBIT 2
SUMMARY CONSTRUCTION – COV LOCAL Page 2 of 3 MONTANO PIPELINE, INC. [00064028-1] 00064028 1
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 MONTANO PIPELINE, INC. [00064028-1] 00064028 1
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:

APPROVED
Allegra Frost
20250730153029

RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER

By:

MONTANO PIPELINE, INC., a California
corporation

By:

Name/Title

By:

Name/Title

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Pn a pty OE VESTA

CITY OF VISTA ENGINEERING DEPARTMENT

PROJECT SPECIFICATIONS FOR

MICHIGAN AVE PARKING LOT PROJECT
C.I.P. No 8332
Dwg. No. D-4730
JULY 2025

CITY OF VISTA ENGINEERING DEPARTMENT

PROJECT SPECIFICATIONS FOR

MICHIGAN AVE PARKING LOT PROJECT

C.I.P. No 8332

Dwg. No. D-4730

JULY 2025

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0 08/26/2025
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PROJECT SPECIFICATIONS
for

MICHIGAN AVE PARKING LOT PROJECT
(C.I.P. No 8332)

CITY OF VISTA, CALIFORNIA
Prepared in the

OFFICE OF THE CITY ENGINEER
CITY OF VISTA; CALIFORNIA

ENGINEERING DEPARTMENT
200 Civic Center Drive
Vista, CA 92084-6275
yiz4|2=-

‘Date Signed
City Enginéer

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2 PROJECT SPECIFICATIONS FOR

MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No 8332)

TABLE OF CONTENTS

BIDDING AND CONTRACTUAL DOCUMENTS PAGE

Notice Inviting Bids ................................................................................................. 3

Instructions to Bidders ........................................................................................... 6

Proposal Forms
Bid Proposal ............................................................................................... 23 Bid Schedule .............................................................................................. 27 Contractor’s Licensing Statement ............................................................ 44 Project References .................................................................................... 45 Non-Collusion Declaration ......................................................................... 47 Bid Security Forms ..................................................................................... 48

Agreement and Bonds
Construction Contract ................................................................................ 52 Faithful Performance Bond ....................................................................... 55 Payment Bond ............................................................................................ 58 Contractor's Certificate .............................................................................. 60 Non-Collusion De claration for Subcontractors ......................................... 61

SPECIAL PROVISIONS

Supplementary General Provisions........................................................................ 62 Supplementary Technical Provisions ..................................................................... 126

APPENDICES
Appendix A: City of Vista Engineering Co nstruction Survey Request Instructions and Form
Appendix B: City of Vista Stormwater Management Permit Application Form & Reference Information
Appendix C: Potential Staging and Storage Area Exhibits Appendix D: Project Sign layout examples
Appendix E: Standard Drawings- City of Vista, SD Regional Standard Drawings, San Diego County, VID and Caltrans.

Appendix F: Fonroche Solar Street Lights
Appendix G: Gravity Wall information for Keystone & ICC-ES Evaluation Appendix H: Geotechnical Reports (under separate cover)

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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, la bor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and faci lities necessary therefore, as provided in the Contract Documents, for the “MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No 8312)” in strict accordance with the Project Specifications and Pl ans 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/cityofvista. Bidders must also download this bid solicitation to appear on the Bidder’s List as a “Prospective Bidder,” receive addenda, and submit a bid. Bids shall be submitted electronically no later than 2:00 PM, THURSDAY, JULY 24, 2025.

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

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

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

2. DESCRIPTION OF WORK

The Work generally consists of: Demolition, disposal, tree removal, clearing and grubbing, site grading, potholing, retaining walls, PCC curb & gutter, PCC sidewalk, PCC curb ramp, Pervious concrete, asphalt paving and Class 2 aggregate ba se for street structural section and parking lot, solar street lights, signing and striping, land scaping & irrigation, site drains, small diameter pipe, erosion control and BMP for drainage.

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4 3. LOCATION OF WORK

The Work to be constructed is located on east corner of Michigan Ave and Vista Village Drive APN 175-139-02 in the City of Vista, California.

4. CONTRACT DOCUMENTS

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

5. CONTRACTOR'S LICENSE CLASSIFICATION

In accordance with the provisions of the California Public Contract Code Section 3300, the Agency has determined that the Contractor shall be required to possess a valid California Class A General Engineering Contractor 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 Seven hundred and thirty-nine thousand dollars ($739,000) for the base bid items, One hundred and twelve thousand three hundred forty-five dollars ($112,345.00) for Alternate Bid 1. All Work shall be completed in every detail to the satisfaction of the Agency within 60 Working Days after the date of the NOTICE TO PROCEED (NTP) plus a minimum ninety (90) Working Days for the plant establishment and maintenance period].
***Note: There may be a delay in issuing the Notice to Proceed since the Sanitation Department needs to install a sewer manhole on the southeast end of the project near the 2x2 drainage inlet to reline the sewer lateral. At the time of the bid, it is tentatively scheduled for August to September. The NTP maybe issued sooner with the understanding that the winning contractor will need to accommodate this work without any additional compensation.

7. PRE-BID MEETING

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

8. PROJECT ADMINISTRATION

All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this solicitation shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement.
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5 All questions must be submitted through the City’s Electronic Bidding System 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.

9. CITY CHARTER / WAGES
NOTICE IS HEREBY GIVEN that, 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.

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, PO Box 420603, San Francisco, California, 94142, (415) 703-4774 or from the California Department of Industrial Relations’ internet website at http://www.dir.ca.gov.

By ORDER of the chartered City of Vista, California
_________________________
Kathy Valdez, City Clerk
City of Vista, California
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6 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 cond itions, 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-fiv e 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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7 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 ro yalties 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. Although DBE participation is encouraged, this project does not have a minimum requirement for DBE participation.

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 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 08/26/2025
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8 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 th e 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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9 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) Description of Base Bid Items (copy, include, and upload with bid package) d) Contractor’s Licensing Statement
e) Project References
f) Contractor’s List of Subcontractors
g) Non-Collusion Declaration
h) 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 unre adable 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 08/26/2025
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10 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;

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 tota ls 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.

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11 8. ALTERNATIVE SCHEDULES

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

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 ex cess 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 subcontr actor 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 subc ontractor 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 08/26/2025
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12 contract, that the principal Contractor secure from each proposed subcontractor a Non-Collusion Declaration in the form also attached hereto, and submit all forms to the Agency.

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

11. BID SECURITY / RETURN OF BID SECURITIES

Each bidder shall submit with his bid an uncond itional 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 At torney for Surety’s Attorney-in-Fact; and 4) If bond is executed in excess of surety comp any’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: Jason Rivera
City of Vista Engineering Department
200 Civic Center Drive
Vista, CA 92084

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 08/26/2025
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13 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.

12. 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 performe d 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.

13. 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.

14. CONTRACTOR'S REQUIRED SHARE OF CONTRACT WORK

In accordance with Subsection 3-2, SELF-PERFORMACE of the Standard Specifications for Public Works Construction, the Contractor shall perfor m, 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 (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)].

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14 Specialty Items shall be as listed in Subsection 3-2 (“SELF-PERFORMACE.”) 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.

15. 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://services.dir.ca.gov/gsp?id=dir_contractors&table=x_cdoi2_letf_core_contractor_look up

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

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

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15 16. 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).

17. (INTENTIONALLY LEFT BLANK)

18. PUBLIC OPENING OF BIDS

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

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. 08/26/2025
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16 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.

19. 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 sa id Bid and / or which precludes meaningful comparison of the Bid with other bids received by the Agency.

20. 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 pr otest. Such parties shall include all other 08/26/2025
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17 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.

21. 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.

22. 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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18 23. 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 w i t h t h e O f f i c e o f S m a l l B u s i n e s s a n d D V B E S e r v i c e , a d i v i s i o n o f t h e C a l i f o r n i a Department of General Services.

24. 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 08/26/2025
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19 to whom the first award was made. A corporation whose proposal is being recommended for acceptance may be required, before the Contract is executed, to furnish evidence of its corporate existence, of its right to do business in Californ ia, and of the authority of the officer signing the Contract and bonds for the corporation.

25. 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, appr oved by the Agency, in accordance with the provisions of Civil Code Section 3225-3228, in clusive, 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 Circula r 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 08/26/2025
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20 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 en tity such as Moody’s; provided however, that for the workers' compensation and employers' liability insurance business and having a general policy holders' rating of "A" or higher and a Fina ncial 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 sha ll 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 it s 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.

26. NOTIFICATION OF SURETY COMPANIES

The surety companies and other signers of an y 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.

27. 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 08/26/2025
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21 the Agency shall be named as an additional insured with the bidder. The policy shall insure the Agency, its officers and its employees, the bidde r, 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 shall be in the amounts set forth in of the Su pplementary General Provisions. The insurance company shall meet the financial strength rating requirements set forth in the General Provisions.

28. 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.

29. 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 purcha ses 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.

30. WAGE RATES

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

31. 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 Califo rnia 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 fo r investment under this provision shall be limited to those listed in Section and 16430 of the California Government Code.

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22 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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23 BID PROPOSAL

From: ______________________________________________________________, Bidder,

For: The construction of

PARKING LOT AND STREET IMPROVEMENTS

as specifically set forth in documents entitled

MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No 8332)

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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24 It is understood and agreed that:

1. The undersigned has carefully examined all Bi d 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 familiar izing 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 here by acknowledged. (If none, write “NONE”).

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25 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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26 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:

______________ _________________________________
D a t e C O N T R A C T O R ' S S I G N A T U R E

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27 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

PARKING LOT AND STREET IMPROVMENTS

as specifically set forth in documents entitled

MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No 8332)

all in accordance with the Plans and Project Specific ations 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 an d furnish any and all labor, materials, tools, equipment, expendable supplies and all utility and transportation services ne cessary to perform the Contract, and complete in a workmanlike manner all of the Work required in conne ction 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 3-2 (“SELF- PERFORMACE”) of the San Diego Regional Supplement to the Greenbook.

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28 BID SCHEDULE
(Provided for reference only)

PROJECT NAME: MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No 8332)

TO BE COMPLETED THROUGH THE CITY’S ELECTRONIC OPENGOV PROCUREMENT BIDDING SYSTEM

NOTE 1: The Bid Schedule Worksheet is 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 final contract documents.

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

The following “Description of Base Bid Items” is part of the Bid Schedule and shall be submitted with the bid.

Base Bid Items

Abbreviations
San Diego Regional Standard Drawings (SDRSD)
San Diego County Design Standard (SDCDS)
City of Vista (COV)
Vista Irrigation District (VID)

Bid
Item Description Of Work Qty. Unit
1 Mobilization & Demobilization
(5% maximum of Total Base Bid) 1 LS
2 Project Information Sign 2 EA
3 Public Notification per Supplementary General
Provisions, Section 3-11.2 1 LS
4 Storm Water Pollution Prevention and Erosion
Control 1 LS
5 Traffic Control and Cons truction Staging 1 LS
6 Utility Potholing 1 LS
7 Survey Monument Preservation 1 LS
8 Unforeseen Field Conditions (stipulated
amount $25,000
9 Record Drawing (“As-Built”) Plans (stipulated
amount)
$1500.00
10 Clearing and Grubbing 1 LS
11 Remove, sawcut and dispose of existing sidewalk,
driveway, C&G and AC 1 foot in front of ex C&G 1 LS
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29 Bid
Item Description Of Work Qty. Unit
12 Remove and dispose of existing (10) trees, stumps
and vegetation 1 LS
13 Remove existing striping and pavement markings
by grinding or sandblasting in existing parking lot 1 LS 14 Remove and dispose of ex. fence, conduit and
miscellaneous items 1 LS
15 Subgrade preparatio n, cut and fill 1 LS
16 8” pipe PVC schedule 40 for area drains 54 LF
17 2’X2’ Brooks box or approved equal for area
drains 2 EA
18 4” perforated pipe schedule 40 for pervious
concrete underdrain system 345 LF
19 4” solid walled pipe schedule 40 for pervious
concrete underdrain system 123 LF
20 4" perforated pipe schedule 40 for wall
underdrain, detail 11 190 LF
21 Concrete flume- 3' wide opening per plan and
SDCDS GS-5.03 2 EA
22 Sidewalk underdrain pipe per SDRSD No. D-27 6 LF
23 Fonroche solar streetlight direct bury in
concrete slurry, detail 12 2 EA
24 6" aggregate base under AC pavement (95%
compaction) 26 CY
25 3" Asphalt concrete pavement (155lb/cf) 29 TN
26 2” Grind and Overlay, 4' wide on Michigan Ave in
front of new improvements 230 SF
27 PCC 6” Type ‘G’ curb and gutter per SDRSD No. G-
2 on 6" aggregate base on Michigan Ave 52 LF
28 PCC 6” Type ‘G’ curb and gutter per SDRSD No. G-
2 on 6" aggregate base with 6"x6" key per detail 4,
parking lot (south curb line)
135 LF
29 PCC 6” curb per SDRSD Nos. G-01 on 6" aggregate
base at north & east parking lot curb face and
driveway landscape islands
313 LF
30 PCC cut off wall along both sides of ADA ramp and
landings 53 LF
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30 Bid
Item Description Of Work Qty. Unit
31 PCC 0” curb (6" wide x 9" deep) on 6" aggregate
base at pervious concrete boundary per detail 7. 281 LF 32 PCC Type B Rollback Curb and Gutter SDRSD G-4A
on 6" aggregate base 13 LF
33 PCC Driveway Entrance per SDRSD Nos. G-14D,
on 6" aggregate base - 25' wide with 2" tall
depressed curb
180 SF
34 PCC Sidewalk per SDRSD No. G-7 on 6" aggregate
base 421 SF
35 PCC 2' wide concrete ribbon gutter on 6”
aggregate base per Detail 6 34 SF
36 PCC Concrete Gravity wall for dispersion area per
Detail 4 48 LF
37 Pervious concrete 6" thick per detail 7 (approx.
6720 sq ft) 125 CY
38 No.4 aggregate 1" thick per detail 7 under
pervious concrete pavement section 21 CY
39 1.5" washed aggregate 8" thick per detail 7 under
pervious concrete 167 CY
40 Non-woven geotextile fabric under pervious
concrete per detail 7 6720 SF
41 Gravity wall & backfill similar to Keystone
Standard III or approved equal. No geogrid 1 LS
42 Stackable Keystone wall to hold back 2' slope or
place boulders supplied by Public Works 10 LF
43 PCC 0” curb on 6" aggregate base in dispersion
area per detail 5 9 LF
44 PCC 0” curb curb stabilizer, dowel/epoxy into ex
curb on 6" aggregate base per detail 4 48 LF
45 Construct dispersion area per detail 4, mulch or
rock, amended soil 148 SF
46 Sawcut existing curb for dispersion area per sheet
3, construction note 15 1 LS
47 Handrail at ADA ramp per SDRSD M-24 and Detail
1, 2 & 3 46 LF
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31 Bid
Item Description Of Work Qty. Unit
48 Remove existing vault, adjust existing water meter
and install traffic rated box, adjust to grade 1 EA
49 Furnish and Install Signing, Striping, and Marking
per plans. Remove, salvage, and relocate existing
signage as noted on plans.
1 LS
50 Pothole for existing irrigation in the existing south parking lot and connect to proposed irrigation per
plan
1 LS
51 Sawcut through the existing parking lot to install,
pipes, sleeves, conduits and control wires 65 LF
52 Sawcut through existing sidewalk to install, pipes,
sleeves, conduits and control wires 8 LF
53 Route irrigation to dispersion areas and islands in
efficient way utilize sleeves under hardscape as
need
1 LS
54 Furnish and install all landscape and irrigation per plan 1 LS
55 Furnish and install cable rail at top of wall per
Caltrans B11-47, detail 10 170 LF
56 90-Day landscape maintenance period
(Note: this maintenance period is not a part
nor included in the Working Days)
1 LS
57 Pothole for 8" PVC schedule 40 for connection
from dispersion area to ex storm drain on Main
Street.
1 LS
58 Sawcut through existing parking lot and install
8” PVC pipe schedule 40 and inlet boxes for
storm drain. Trench resurfacing per COV SRF-
08A & B. Pipe slope 1%min and 3' deep to SD
inlet on Main Street per sheet 10
169 LF
59 In dispersion area install overflow pipe (1 typ.)
per SDCDS GS-5.10. In parking lot install 2’x2’
Brooks inlet boxes on 6" aggregate base which
are traffic rated in parking lot per plan and
continue to storm drain inlet on sheet 10
1 LS
60 Remove, Dispose & Replace sidewalk panels
per SDRSD No. G-7 102 SF
61 Alter and reconnect irrigation as needed.

Replace and restore landscaping as needed 1 LS
62 Core drill into existing storm drain on Main
Street. 3' deep minimum and properly seal. 1 EA
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32 BID SCHEDULE WORKSHEET – END
(Provided for reference only)

BID SCHEDULE TO BE COMPLETED THROUGH THE CITY’S ELECTRONIC BIDDING SYSTEM (OPENGOV PROCUREMENT)

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.

Alternate Bid Items

Bid
Item Description Unit Qty. Unit Price Item Total
Alt Bid 1 – Fencing and Gates (shown on landscape plan and sheet 10) 63 Furnish and install perimeter fencing 6' tall, sheet 10 LF 463
64 Furnish and install perimeter fencing 4' tall, sheet 10 LF 75
65 Furnish and install 16' gate, sheet 10 LF 16
66 Furnish and install 5' gate, sheet 10 LF 5

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

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33 Description of Base Bid Items:
(Scan and Include with Bid Package)
General

Bid Item 1 – Mobilization & Demobilization: Bid item 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 in itiation of construction operations, to mobilize all required equipment, materials and personnel on-site, and complete all associated and appurtenant work in accordance with the Standard Specifications, the Suppl ementary General 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, staging and temporary BMPs, and complete all work required at the end of construction operations in accordance with the Standard Specifications, the Supplementary General Provisions of these Specifications, 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 and Additive Alternate Bid Combined).

Bid Item 2 – Project Information Sign: Bid item shall include full compensation for all coordination, labor, equipment and material required to furnish and place project information signs per Section 7-12.1 of the Supplementary Provision of these Specifications.

Bid Item 3, Public Notification per Supplementary General Provisions, Section 7-12.2: Bid item 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

Bid Item 4 – Storm Water Pollution Prevention and Erosion Control Plan: Bid item shall include full compensation for submitting the required storm water pe rmit (located in the appendix) including all labor, equipment and materials required to complete all work necessary to install, maintain, repair and replace all temporary construction BMPs to prevent the discharge of any materials into the storm drain system. No additional compensation will be made.

Bid Item 5 – Traffic Control and Construction Staging : Bid item shall include full compensation for all labor, equipment and materials required to complete all work required to prepare, submit and obtain approved Traffic Control Plans from the City of Vista Traffic Engine ering Division; handle traffic (including flagging costs and person(s) to safely control pedestrian and vehicular traffic), furnish tools, equipment and incidentals, and for doing 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, temporary steel plate bridging, temporar y road resurfacing); installation and removal of all required temporary striping and signing associated and appurtenant work as specified in the Standard Specifications, Section 7-10 of the Supplementary General Provisions of these Specifications, and as directed by the Engineer. This bid item shall also include the completion, submittal and processing of a no-fee encroachment permit (application form is included in the Appendices to these Specifications).

Bid Item 6 – Utility Potholing : Bid item shall include full compensation for all coordination, labor, equipment and material required to locate, protect and restore a ll existing utilities and improvements which “may be affected” or “are affected” by the Work in accordance with the Standard Specifications, the Supplementary General Provisions of these Specifications, and as directed by the Engineer. The location, protection, and restoration of existing utilities and improvemen ts (including street pa vements, sidewalks and landscaping/irrigation), specifically identified for payment under other bid items shall not be included for 08/26/2025
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34 payment within this bid item. All other location, protection and restoration required to complete the Work shall be incorporated into this bid item. The City will provide utility as builts.

Bid Item 7 – Survey Monument Preservation: Bid item shall include full compensation for all labor, equipment and materials required to complete all work required for the preservation of survey monuments.

Bid Item 8, Unforeseen Field Conditions (stipulated amount): Bid item shall include full compensation for all labor, equipment and material required to repair, construct, rehabilitate, remove, dispose, relocate, adjust any necessary and unforeseen site feature, utility infras tructure, surface improvements, or unsuitable soil condition, as directed by the Engineer, according to these specifications. No additional compensation will be made. This Bid Item is not subject to Section 3 Changes In Work, and no payment will be made unless the Engineer provides a written Notice to Proceed, or written approval for this bid item.

Bid Item 9 – Record Drawing (“As-Built”) Plans (stipulated amount): Bid item shall include full compensation for all labor, equipment and material required to provide City with accurate “red line” plans showing the exact location of all improvements, existing utilities, that have been modified as part of the Work.

REMOVAL: DISPOSAL / SALVAGE / REPLACEMENT / RECONSTRUCT / RELOCATE / ADJUSTMENT

Bid Item 10 – Clearing and Grubbing : Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to remove and dispose all natural and artificial objectionable material within the limits of excavation, as required to complete the Work and additional clearing and grubbing as may be identified within the Contract including but not limited to, landscaping, vegetation, trees, roots, stumps, irrigation, yard drains, concrete pavement, pa vers, concrete walks, curbs, gutters, cross gutters, spandrels, curb ramps, curb returns, driveways, sawcuts, cold plane, all AC and concrete surface improvements, mailboxes, fencing, walls, gates and private encroachments in the right of way (which interfere with the proposed work) in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions 300-1, as shown on the Plans and as directed by the Engineer and any other related work shall be considered as included or included in the costs of other work.

Existing thickness may vary. No additional compensation will be made.

Bid Item 11 – Remove sawcut and dispose of existing sidewalk, driveway, C&G and 1 foot AC pavement in fron of existing C&G): Bid item shall include full compensation for a ll labor, equipment and material required to complete all work necessary to remove and dispose all existing street improvements within the limits of plans in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions, as shown on the Plans and as directed by the Engineer and any other related work shall be considered as included or includ ed in the costs of other work. Existing thickness may vary. No additional compensation will be made.

Bid Item 12 – Remove and dispose of 10 existing trees, stumps and vegetation: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to remove and dispose all flagged trees, stumps and vegetation within the limits of plans in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions, as shown on the Plans and as directed by the Engineer and any othe r 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 existing striping and pavement markings by grinding or sandblasting in existing parking lot south of the proposed lot: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to remove and dispose all existing striping and pavement parking within the project limits in accordance with the Standard Specifications, the Supplementary General 08/26/2025
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35 Provisions, the Supplementary Technical Provisions, as shown on the Plans and as directed by the Engineer 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 14 – Remove and dispose of existing fence, conduits and miscellaneous items: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to remove and dispose all varied items within the plan limits, since th is used to have a single family house on the lot, in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions, as shown on the Plans and as directed by the Engineer and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.

Storm Drain System

Bid Item 15 – Subgrade preparation, cut and fill: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for the roadway, parkway, parking lot, slope excavation, transitions to existing, grading, compaction, dewatering, properly export & dispose excess material, borrow, subgrade preparation and restoration as required to complete the Work in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions, typical section as shown on the Plans, the Plans and as directed by the Engineer and any other related work shall be considered as included or included in the co sts of other work. No additional compensation will be made.

Bid Item 16 – 8” pipe schedule 40 for area drains reinforced concrete storm drain pipe (RCP) per C of V Standard Drawing DRN-02: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to install 8” PVC schedule 40 in accordance with City of Vista Standard Drawing DRN-02, as shown on the Plans and as directed by the Engineer 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 – 2’x2’ concrete Brooks Box or approv e equal for area drains (per Plans): Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to install storm drain inlets, as shown on the Plans and as directed by the Engineer 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 – 4” perforated pipe schedule 40 for pervious concrete underdrain system: Bid item shall include full compensation for all labor, equipment and material re quired to complete all work necessary to install 8” perforated PVC pipe schedule 40 and backfill as shown on plans Plans and as directed by the Engineer and any other related work shall be considered as included or included in the costs of other work. Bid item shall include all elbows, fixtures, cleanouts, clean out covers (traffic rated) to complete work. No additional compensation will be made.

Bid Item 19 – 4” solid wall pipe schedule 40 for pervious concrete underdrain system: Bid item shall include full compensation for all labor, equipment and material re quired to complete all work necessary to install 8” perforated PVC pipe schedule 40 and backfill as shown on plans Plans and as directed by the Engineer and any other related work shall be considered as included or included in the costs of other work. Bid item shall include all elbows, fixtures, cleanouts, clean out covers (traffic rated) to complete work. No additional compensation will be made.

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36 Bid Item 20 – 4” perforated pipe schedule 40 for wall underdrain system: Bid item shall include full compensation for all labor, equipment and material requ ired to complete all work necessary to install 8” perforated PVC pipe schedule 40 and backfill as shown on plans Plans and as directed by the Engineer and any other related work shall be considered as included or included in the costs of other work. Bid items shall include all elbows, fixtures and cleanouts. Clean out in the middle (both directions) and corners of wall. No additional compensation will be made.

Bid Item 21 – Concrete flume -3’ wide opening per plan and SDCD GS-5.03 (per Plans): Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to install concrete Flume Drain, as shown on the Plans and as directed by the Engineer 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 – Sidewalk underdrain pipe per SDRSD No. D-27: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary to install sidewalk underdrain pipe in accordance with San Diego Regional Standard Drawin gs (SDRSD) No. D-27, as shown on the Plans and as directed by the Engineer and any other related work sha ll be considered as included or included in the costs of other work. No additional compensation will be made.

Electrical system

Bid Item 23 – Fonroche solar street light, direct bury in concrete slurry : Bid item shall include full compensation for all labor, equipment, material and coordination, required to complete all work to install solar street lights in accordance with the Standard Spec ifications, the Supplementary General Provisions, the Supplementary Technical Provisions, as shown on the Plans and as directed by the Engineer and any other related work shall be considered as included or in cluded in the costs of other work. No additional compensation will be made.

GENERAL SURFACE IMPROVEMENTS

Bid Item 24 – Class 2 aggregate base (95% compaction): Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation of class 2 aggregate base (95% compaction) in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions, as shown on the Plans and as directed by the Engineer and any other related work shall be considered as included or in cluded in the costs of other work. No additional compensation will be made.

Bid Item 25 – Asphalt concrete pavement: Bid item shall include full compensation for all labor, equipment, material, and mobilization for installation of asphalt concrete, i.e. Hot Mix Asphalt (HMA), compacted in place for slot patch in front of curb and new pavement sections. The Work shall include, but may not necessarily be limited to prime coat, tack coat, distribution, spreading, rolling, compacting, joining, adjusting (resetting) of manholes and other structures, associated and appurtenant work, in accordance with Section 302-5. of 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. Bid items include work related to full depth of paving restoration required for trench repair work. No additional compensation will be made.

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37 Bid Item 26 – 2” Grind and Overlay on Michigan Ave in front of new street improvements: Bid item shall include full compensation for all labor, equipment, material, and mobilization for the removal of 2-inches of existing AC pavement. The Work shall include milling, removal, hauling, disposal, and associated work, in accordance with Section 302-1 of the Supplementary General Provisions, the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer, ca lled for in the plans and any other related work shall be considered as included or included in the costs of other work. Bid item shall include full compensation for all labor, equipment, material, and mobilization for in stallation of and 2-inch surface course of asphalt concrete. C2-PG 64-10 RAP, compacted in place. The final AC surface will be completed at the end of the project to provide a clean, uniform, and finished look throughout the project limits. The Work shall include, but may not necessarily be limited to tack coat or trackless tack coat, distribution, spreading, rolling, compacting, joining, adjusting (resetting) of manholes and othe r structures, associated and appurtenant work, in accordance with Section 302-5 of the Supplementary General Provisions, the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer, 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 27 – PCC 6” Type ‘G’ curb and gutter per SDRSD No. G-2 with 6” aggregate base on Michigan Ave:

Bid item shall include full compensation for all labor, equipment and material required to construct 4” curb and gutter per SDRSD G-2, on minimum of 6” class 2 base under curb and gutter as directed by the Engineer, shown on the plans, according to these specifications 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 28 – PCC 6” Type ‘G’ curb and gutter per SDRSD No. G-2 with 6” aggregate base with 6”x6” key per Detail 4: Bid item shall include full compensation for all la bor, equipment and material required to construct 4” curb and gutter per SDRSD G-2 and as modified by detail 2 in plans, on minimum of 6” class 2 base under curb and gutter as directed by the Engineer, shown on the plans, according to these specifications 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 29 – PCC 6” curb per SDRSD No. G-01 on 6” aggregate base at north & east parking lot curb face and driveway landscape islands: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation of 6” curb in accordance with SDRSD No. G-6 on 6” base material, as shown on the Plan s and as directed by the Engineer 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 30 – PCC cut off wall along both sides of ADA ramp and landings per SDRSD G-22: Bid item shall include full compensation for all labor, equipment and ma terial required to complete all work necessary for installation of cut off walls in accordance with SDRSD No. G-22 on 6” base material, as shown on the Plans and as directed by the Engineer 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 31 – PCC 0” curb (6” wide x 9” deep) on 6” aggregate base at pervious concrete boundaries per detail 7 on plans: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation of curb in accordance with the Plans and as directed by the Engineer 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 32 – Type B Rollback Curb and Gutter per SDRSD G-04A on 6” aggregate base: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation of rollback curb and gutter, on 6” aggregate base in accordance with the Standard Specifications, the 08/26/2025
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38 Supplementary General Provisions, the Supplementary Technical Provisions, as shown on the Plans and as directed by the Engineer and any other related work sha ll be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 33 – PCC Driveway Entrance per SDRSD Nos. G-14D on 6” aggregate base – 25’ wide with 2” tall depressed curb: Bid item shall include full compensation for all labor, equipment and material required to construct concrete driveway replacements per SDRSD G-14D on aggregate base, as directed by the Engineer, shown on the plans, according to these specifications 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 34– PCC Sidewalk per SDRSD No. G-7 with 6” aggregate base: Bid item shall include full compensation for all labor, equipment and material required to construct concrete sidewalk per SDRSD G-7, on 6” aggregate base as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. Also, the ADA ramp and landings portions of the walkway shall comply with current ADA requirements or as directed by the Engineer. No additional compensation will be made.

Bid Item 35 – PCC 2’ wide concrete ribbon gutter on 6” aggregate base per detail 6 on plans: Bid item shall include full compensations for all labor, equipment and material required to complete all work necessary for installation of PCC ribbon gutter on aggregate in accordance with the detail 6 as shown on the Plans and as directed by the Engineer and any other related work sha ll be considered as included or included in the costs of other work. No additional compensation will be made

Bid Item 36 – PCC gravity wall on 6” aggregate base in dispersion area per detail 4 on plans: Bid item shall include full compensations for all labor, equipment and material required to complete all work necessary for installation of the gravity wall on aggregate base in a ccordance with the detail 4 as shown on the Plans and as directed by the Engineer 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 37– 6” Thick Pervious Concrete per detail 7 on plans: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation of 6” thick permeable concrete in accordance with the Standard Specific ations, the Supplementary General Provisions, the Supplementary Technical Provisions, Greenbook, as shown on the Plans and as directed by the Engineer 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 38 – No 4 aggregate 1” thick under pervious concrete per detail 7 on plans: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation and compaction of No 4 aggregate base in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Prov isions, Greenbook as shown on the Plans and as directed by the Engineer and any other related work sha ll be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 39 – 1.5”washed aggregate, 8” thick per detail 7 on plans: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation and compaction of 1.5” washed aggregate base in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions, Greenbook as shown on the Plans and as directed by the Engineer 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 Bid Item 40, Non-woven geotextile fabric under pervious concrete per detail 7 on plans: Bid item shall include full compensation for all labor, equipment and material required to install fabric when unsuitable material are discovered and approved for installation, as directed by the Engineer, according to these specifications and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made. If no geogrid is installed the Contractor will not be entitled to any compensation for this bid item.

Bid Item 41 Gravity wall (Tan color with 1” setback per unit) & backfill similar to Keystone Standard III or approved equal. No geogrid: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation of Gravity Wall or approved equal, gravel foundation, underdrain and backfill in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions, manufactures specs (in appendix) as shown on the Plans and as directed by the Engineer 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 42 Stackable Keystone wall to hold back 2’ tall slope or place boulders supplied by Public Works per plans: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation of stackable wall, gravel foundation, underdrain and backfill in accordance with the Standard Specifications, the Supplementary General Provisions, the Supplementary Technical Provisions, manufactures specs as shown on the Plans and as direct ed by the Engineer and any other related work shall be considered as included or included in the costs of other work. Upon request, Public Works can deliver boulders, and the contractor must place the rocks in appropriate location. No additional compensation will be made.

Bid Item 43 – PCC 0” curb on 6” aggregate base in dispersion area per detail 5 on plans: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation of curb in accordance with the Plans and as directed by the Engineer 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 44 – PCC 0” curb stabilizer, dowel/epoxy into existing curb on 6” aggregate base per detail 4 on plans: Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation of curb in accordance with the Plans and as directed by the Engineer 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 45 – Construct dispersion ar ea per detail4 with mulch,rock or amended soil per detail 4 on plans:

Bid item shall include full compensation for all labor, equipment and material required to complete all work necessary for installation of the dispersion area in accordance with the Plans and as directed by the Engineer 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 46 – Sawcut existing curb for dispersion area per sheet 3, note 15: Bid item shall include full compensation for all labor, equipment and material requ ired to complete all work necessary for sawcutting existing curb for dispersion area outlet in accordance with the Plans and as directed by the Engineer 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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40 Bid Item 47– Handrail at ADA ramp per SDRSD No. M-24 and details 1, 2 & 3 per plan: Bid item shall include full compensation for all labor, equipment and material required to construct ha ndrail per SDRSD M-24, as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. Also, the ADA railings shall comply with current ADA requirements or as directed by the Engineer. No additional compensation will be made.

Bid Item 48 – Remove existing vault, adjust existing water meter and install traffic rated box and adjust to grade: Bid item shall include full compensation for all labor, equipment coordination with VID and material required to adjust water meter to new grades as direct ed by the Engineer, shown on the plans, according to these specifications 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 49 – Furnish and install signing, striping and markings per plans: Bid item shall include full compensation for all labor, equipment and material re quired to install or appl y new pavement striping, markings, signage, remove, salvage an d relocate signage as directed by the Engineer, shown on the plans, according to these specifications and any other related wo rk shall be considered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 49 – Furnish and install signing, striping and markings per plans: Bid item shall include full compensation for all labor, equipment and material re quired to install or appl y new pavement striping, markings, signage, remove, salvage an d relocate signage as directed by the Engineer, shown on the plans, according to these specifications and any other related wo rk shall be considered as included or included in the costs of other work. No additional compensation will be made.

LANDSCAPING

Bid Item 50 – Pothole for existing irrigation in the existing south parking lot and connect to proposed irrigation per plan : Bid item shall include full compensation for all la bor, equipment and material required to pothole, mark out, coordinate and locate existing irrigation as directed by the Engineer, shown on the plans, according to these specifications 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 51 – Sawcut through the existing parking lot to install, pipes, sleeves, conduits and control wires per plan : Bid item shall include full compensation for all la bor, equipment and material required to install irrigation, pipes, sleeves, conduits wires, trench/surface repairs and everything necessary for functional irrigation system as directed by the Engineer, shown on the plans, according to these specifications 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 52 – Sawcut through the existing sidewalk to install, pipes, sleeves, co nduits and control wires per plan: Bid item shall include full compensation for all labor, equipment and material required to install irrigation, pipes, sleeves, conduits wires, sidewalk replacement and everything necessary for a functional irrigation system as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or in cluded in the costs of other work. No additional compensation will be made.

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41 Bid Item 53 – Route irrigation to dispersion areas and islands in efficient way utilize sleeves under hardscape as needed: Bid item shall include full compensation for all labor, equipment and material (valves, elbows, sensors, drip lines, sprinklers, wire splicing, couplers, etc.) required to route irrigation to dispersion areas and islands in an efficient way utilize sleeves under hardscape as needed for a functional irrigation system as directed by the Engineer, shown on the plans, conf orms to industry standards, according to these specifications and any other related work shall be consid ered as included or included in the costs of other work. No additional compensation will be made.

Bid Item 54 – Furnish and install all landscape and irrigation per plan: Bid item shall include full compensation for all labor, equipment and material (valves, elbows, se nsors, drip lines, sprinklers, wire splicing, couplers, mulch, plants, soil, weed barrier, tree root barrier, etc.) required to route, connect to existing irrigation for a functional irrigation system as directed by the Engineer, shown on the plans, conforms to industry standards, according to these specifications and any other related wo rk shall be considered as included or included in the costs of other work. No additional compensation will be made. City reserves right to select and flag plants/trees at the contractor’s nursery prior to delivery.

Bid Item 55 – Furnish and install cable rail at top of wall per Caltrans B11-47, detail 10: Bid item shall include full compensation for all labor, equipment and material to install cable rail at top of wall per Caltrans B11-47, detail 10 as directed by the Engineer, shown on the pl ans, according to these specifications and any other related work shall be considered as included or in cluded in the costs of other work. No additional compensation will be made.

Bid Item 56 – 90-Day landscape maintenance period (Note: this maintenance period is not a part nor included in the Working Days): Bid item shall include full compensation for all labor, equipment and material to provide maintence of irrigation and landscaping for 90 day period, according to these specifications and any other related work shall be considered as included or in cluded in the costs of other work. No additional compensation will be made.

Bid Item 57 – Pothole for 8" PVC schedule 40 for connection from dispersion area to existing storm drain inlet on Main Street per plan sheet 10 : Bid item shall include full compensation for all labor, equipment and material required to utility mark out, pothole, utility c oordination and locate existing affected utilities in the parking lot to verify storm drain and inlet placement as directed by the Engineer, shown on the plans, according to these specifications 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 58 – Sawcut through existing parking lot and install 8” PVC pipe schedule 40 and inlet boxes for storm drain. Trench resurfacing per COV SRF-08A & B. Pipe slope 1%min and 3' deep to SD inlet on Main St per plan on sheet 10 : Bid item shall include full compensation for all labor, equipment and material required to install pipe, base material and verify flow for func tional storm drain system as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. Bid item shall include all removals, disposal of existing materials and replacement with new improvements. No additional compensation will be made.

Bid Item 59 –In dispersion area install overflow pipe (1 typ.) per SDCDS GS-5.10. In parking lot install 2’x2’ Brooks inlet boxes on 6" aggregate base which are traffi c rated in parking lot per plan and continue to storm drain inlet on sheet 10 : Bid item shall include full compensation for all labor, equipment and material required to install inlets and base material, verify flow for functional storm drain system as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. Bid item shall include all removals, disposal of existing 08/26/2025
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42 materials and replacement with new improvements. Contractor shall verify the easy removal and placement of traffic rated grates with City inspector. No additional compensation will be made.

Bid Item 60 – Remove, Dispose & Replace sidewalk panels per SDRSD No. G-7 per plan on sheet 10 : Bid item shall include full compensation for all labor, equipment and material required to install PCC sidewalk panels which were affect by the storm drain work as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be consid ered as included or included in the costs of other work. Bid item shall include all removals, disposal of existing materials and replacement with new improvements. No additional compensation will be made.

Bid Item 61 – Alter and reconnect irrigation as needed. Replace and restore landscaping as needed per plan sheet 10: Bid item shall include full compensation for all labor, equipment and material (valves, elbows, sensors, drip lines, sprinklers, wire splicing, couplers, mulch, plants, soil, weed barrier, etc.) to alter and reconnect the existing irrigation and replace landscapin g which were affected by the storm drain work for a functional irrigation system as directed by the Engineer, shown on the plans, conforms to industry standards, according to these specifications and any other related wo rk shall be considered as included or included in the costs of other work. Bid item shall include all remo vals, disposal of existing materials and replacement with new improvements. No additional compensation will be made.

Bid Item 62 – Core drill into existing storm drain on Main Street per plan sheet 10: Bid item shall include full compensation for all labor, equipment and material requ ired to complete all work necessary for excavating, coring, fitting, connecting and sealing proposed 8” PVC schedule 40 storm drain pipe, backfilling and cleanup in accordance with the Plans and as directed by the Engineer and any other related work shall be considered as included or included in the costs of other work. Bi d item shall include all removals, disposal of existing materials and replacement with new improvements. No additional compensation will be made.

--END OF BID SCHEDULE for Base Bids

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

--BEGIN ALTERNATE BID ITEM DESCRIPTION
ALTERNATE BID 1 – FENCING AND GATES

Bid Item 63 – Furnish and install perimeter fencing 6' tall, sheet 10 detail and landscape plan: Bid item shall include full compensation for all labor, equipment and material to install 6’ tall fence and foundations per detail or approved equal as directed by the Engineer, shown on the plans, according to these specifications 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 64 – Furnish and install perimeter fencing 4' tall, sheet 10 detail and landscape : Bid item shall include full compensation for all labor, equipment and ma terial to install 4’ tall fence per detail or approved equal as directed by the Engineer, shown on the plans, according to these specifications 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 Bid Item 65 – Furnish and install 16’ gate, shee t 10 detail and landscape plan : Bid item shall include full compensation for all labor, equipment and material to install 16’ wide gate and foundations per detail or approved equal as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. Gate shall properly open and close. No additional compensation will be made.

Bid Item 66 – Furnish and install 5’ gate, sheet 10 detail and landscape plan: Bid item shall include full compensation for all labor, equipment and material to install 5’ wide gate and foundations per detail or approved equal as directed by the Engineer, shown on the plans, according to these specifications and any other related work shall be considered as included or included in the costs of other work. Gate shall properly open and close. No additional compensation will be made.

END ALTERNATE BID ITEM DESCRIPTION

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

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44 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: _________________________________________________________________

or

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: _________________________________________________________________________________

or

Name of Corporation: ________________________________________________________________________

Business Address: ________________________________________________________________________

Corporation organized under the laws of the State of _____________________________________________

_______________________________________ __________________________________________ S i g n a t u r e o f O f f i c e r o f C o r p o r a t i o n P r i n t e d N a m e a n d T i t l e

_______________________________________ __________________________________________ S i g n a t u r e o f O f f i c e r o f C o r p o r a t i o n P r i n t e d N a m e a n d T i t l e

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45 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. 08/26/2025
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46 CONTRACTOR’S LIST OF SUBCONTRACTORS

PROJECT NAME: MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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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47 NON-COLLUSION DECLARATION
MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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 so licited 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 indire ctly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged inform ation 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 bi dder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

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

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

________________________________________
Signature

________________________________________
Printed Name

________________________________________
Title

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48 BID SECURITY FORM
MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)
(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 Munici pal 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, adminis trators, successors, and assigns, jo intly 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 fo r 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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49 MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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.

D a t e d :

Bidder

By:

Its
By:

Its
(Seal)

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

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50 MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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 sp ecification, 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 writt en 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 covera ges, 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 th at 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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51 MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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

D a t e d :

“Principal”

By:

Signature

Name and Title

By:

Signature

Name and Title
(Seal)

“`Surety”

By:

Signature

Name and Title

By:

Signature

Name and Title
(Seal)

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

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52 CONSTRUCTION CONTRACT
MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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

PROJECT

as specifically set forth in documents entitled

DOCUMENTS

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 aforesaid work during its progress or prior to acceptance from the action of the elements and from any unforeseen difficulties which may 08/26/2025
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53 MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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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54 MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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:

K

ATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

W

ALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

A

NALISA HOLBROOK, RISK MANAGER

By:

NAMEX, status

By:

Name/Title

By:

Name/Title

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55 Bond No.

Premium: $
Effective Date:

PERFORMANCE BOND
MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)
LD 25-040; D-4730, APN 175-139-02, 175-139-14 & 175-139-13

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 therei n, are incorporated herein and made a part thereof by this reference.

Principal is required under the terms of the Contract to furnish a bond guar anteeing 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, condit ions 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 descriptio n, 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 Cont ract 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 dela y damages or liquidated damage s, and any wa rranties 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;
(b) Undertake through its agents or independent contract ors reasonably acceptable to City, to complete the Project according to the Contract Docu ments’ terms and conditions then in ef fect 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, 08/26/2025
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56 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 Prin cipal under the Contract and Contract Documents, including other costs and damages for which Su rety 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 agr ee 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 breac h of the Contract, each party will b ear 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 modificati on to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the pr ovisions 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.]
MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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57 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 a ffixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

D a t e d :

“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.

MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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58 Bond No.

Premium: $
Effective Date:

PAYMENT BOND
(LABOR AND MATERIALS)
MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)
LD 25-040; D-4730, APN 175-139-02, 175-139-14 & 175-139-13

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 therei n, 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 su bcontractors 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 De velopment 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 na med in Division 4, Part 6, Ti tle 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.

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 modificati on to the terms of the Contract or to the work or to the 08/26/2025
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59 specifications thereunder. Surety hereby waives the pr ovisions 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 instrume nt has been duly executed by Princi pal 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.

D a t e d :

“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.

MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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60 CONTRACTOR'S CERTIFICATE
MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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 undert ake 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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61 NON-COLLUSION DECLARATION FOR SUBCONTRACTORS

MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

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 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 fa lse 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 bi dder 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 declaratio n on behalf of the bidder. 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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62 SUPPLEMENTARY GENERAL PROVISIONS

MICHIGAN AVE PARKING LOT PROJECT (C.I.P. No. 8332)

This section makes additions, deletions, or revisions to PART 1 – GENERAL PROVISIONS of the 2024 Standard Specifications for Public Works Construction (“Greenb ook”). All sections and subsections which are not changed remain in full force and effect.

SECTION 1 – GENERAL, TERMS, DEFINITIONS,

ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS

1-1 GENERAL.

Add the following paragraphs to this subsection:

The terms “as shown,” “as indicated,” or “as spec ified” 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 as follows:

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 prec edence over the San Diego Regional Standard Drawings.

Specifications or Standard Specifications - The Standard Specifications of the Agency are the latest edition of the Standard Specifications for Public Works Construction (“Greenbook”), as written and 08/26/2025
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63 promulgated by Public Works Standards, Inc., together with the most current Cumulative Supplement adopted by the Greenbook Committee of Public Works Standards, Inc. and along with the latest San Diego Regional Supplement to “Greenbook” as approved and adopted by the San Diego Regional Standards Committee.

The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by the Plans, Special Provisions, or other Contract Documents. The Special Provisions are supplemental to the provisions of the Standard Specifications, unless otherwise noted. Only those sections requiring elaborations, amendments specifying options, additions or deletions are called out.

Working Day - Modify c) as follows:

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

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

Add the following new terms and definitions to this subsection:

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 te ntative 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 stor m water runoff); (b) Any program, technology, process, siting criteria, operating method, measure, or device that controls, prevents, removes, or reduce pollution.

CA MUTCD – California Manual on Uniform Traffic Control Devices.

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64 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.

Add the following abbreviations to this subsection:

AC ........ ........... ............ ............ Asphalt Concrete AT&T .... ........... ............ ............ Local and long distance telephone company (formerly SBC and Pacific Bell)
CGP ..... ........... ............ ............ Construction General Permit LUP ...... ........... ............ ............ Linear Underground / Overhead Project NCTD ... ........... ............ ............ North County Transit District OSHA ... ........... ............ ............ Occupational Safety and Health Administration (Department of Labor) PCR ..... ........... ............ ............ Point of curb return 08/26/2025
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65 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 to this subsection:

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

1-7 AWARD AND EXECUTION OF CONTRACT.

Modify this subsection to read as follows:

1-7 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 $150,000 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 shall submit the completed “Agreement and Bonds” portion of the Contract and the insurance certificates. The City Manager will then execute the Contract for the Agency.

For projects with a value greater than $150,000, the City Council will award the Contract. 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.

1-7.3 Integration.

Add the following new subsection:

1-7.3 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.

1-7.4 Change in Name and Nature of Contactor’s Legal Entity.

Add the following new subsection:

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66 1-7.4 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 enti ty, the Contractor shall first notify the Agency in order that proper steps may be taken to have the change reflected on the Contract.

SECTION 2 – SCOPE OF THE WORK

2-1 WORK TO BE DONE.

Add the following paragraphs to this subsection:

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 specificatio ns, 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.

2-2 PERMITS.

Add the following paragraphs to this subsection:

The issuance of a permit based on Plans, spec ifications, 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.

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67 The Contractor shall submit to the Engineer for review and approval a completed City of Vista Storm Water Management Permit application (see Appendices or contact the Agency for forms and instructions). As part of the permit application, the Contractor must submit a Storm Water Pollution Prevention Plan (SWPPP) (if required) to the Engineer for review and acceptance as required by the Regional Water Quality Control Board. The Contractor shall comply with all provisions of the permit throughout the course of the Work. The permit must be approved by the Engineer prior to starting work. The Contractor shall include all costs for obtaining and complying with the requirements of the permit in the various items of work, and no additional compensation will be paid.

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.

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

2-2.1 City of Vista Business License.

Add the following new subsection:

2-2.1 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.

2-2.2 City of Vista No-Fee Construction Permit.

Add the following new subsection:

2-2.2 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 2-2.1 (“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 08/26/2025
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68 and types of liability coverage. If any Subcontractor does not have the amount of liability insurance required in the Project Specificat ions, 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.

2-2.3 City of Vista No-Fee Building Permit.

Add the following new subsection:

2-2.3 City of Vista No-Fee Building Permit. After execution of the Contract and prior to beginning work, the Contractor shall apply for and obtain a no-fee Building Permit at the Agency’s Community Development Department, 200 Civic Center Drive, Vista, CA 92084-6275, for any project which includes, but not limited to, the demolition or construction of a building or similar structure, or electrical installations, before commencing any work. The pl ans for projects requiring a Building Permit are typically reviewed and are pre-approved by the Agency’s Building Department. All inspections related to the Building Permit must be arranged with the Building Department. All work covered by the Building Permit must be inspected and approved by the Building Inspector prior to acceptance by the Agency.

2-3 RIGHT-OF-WAY.

Add the following paragraphs to this subsection:

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 th e 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 lo cal laws, ordinances, codes and regulations. The Contractor shall indemnify and hold the Agency, its officials, officers, employees, and agents free and harmless from all claims or suits for damages occa sioned 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 08/26/2025
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69 use. The Contractor shall assume full responsibi lity for its rental, preparation, maintenance and cleanup in a manner satisfactory to the Agency and the property owner.

2-4 COOPERATION AND COLLATERAL WORK.

Replace the first paragraph in this subsection 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 to this subsection:

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

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 Water and Sewer
(for Palomar Airport Rd., Poinsettia Ave. and Linda Vista Dr.) Vallecitos Water District Bus / Railroad North County Transit District (NCTD)
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70 UTILITY OWNER
State Highways California Department of Transportation
(Caltrans), District 11

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

1] The Contractor shall contact SDG&E at 760-432-5805 at least 3 working days prior to trenching or any other electrical service work to initiate the trenching process and arrange for all necessary SDG&E inspections as detailed on the SDG&E Electric Underground Meter & Service Location form (see Appendices).

2] The Contractor shall obtain a City of Vista Building permit prior to commencing any electrical work as detailed in Section 2-2 above. The Contractor shall contact The City of Vista Building Department for inspection of the meter pedestals, circuit breakers, wiring, and appurtenances.

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

The Contractor shall coordinate the installation of the new electric service meter pedestal and the modification of the street lighting system with SDG&E to ensure that the Work to be performed by SDG&E is completed within the Contractor’s sche dule. The Contractor shall have incorporated SDG&E’s schedule into the Contractor’s schedule prior to the Pre-Construction Meeting and provide updates on their scheduled work on a weekly basis. The Contractor must provide all facilities required by SDG&E and have the site prepared so SDG&E can install the wiring and meter when the Contractor has them scheduled, and the Contractor shall not construct any improvements that will complicate SDG&E’s work. The Contractor will be responsible for all work necessary for a completed installation which is not performed by SDG&E.

The Contractor shall coordinate the installation of new phone service with AT&T to ensure that the Work performed by AT&T is completed within the Contractor’s schedule. The Contractor shall have incorporated AT&T’s schedule into the Contractor’s schedule prior to the Pre-Construction Meeting and provide updates on their scheduled work on a weekly basis. The Contractor shall provide all facilities 08/26/2025
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71 required by AT&T and have the site prepared so AT&T can install the phone service when the Contractor has them scheduled, and the Contractor shall not construct any improvement that will inhibit AT&T’s work. The Contractor shall be responsible for all work necessary for a completed installation which is not performed by AT&T.

.

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

Replace the second paragraph in this subsection 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 to this subsection:

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 requiremen ts of this provision shall be considered as included in the Contract price paid for various item s of work and no additional compensation will be allowed therefore.

2-5.2 Temporary Utility Services.

Add the following paragraph to this subsection:

The Contractor may 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.

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72 If VID does not have a construction water meter available, the Contractor shall use a water truck or other water storing equipment for use on the project and obtain water from offsite. No additional compensation will be provided to bring offsite water to the project.

2-6 CHANGES REQUESTED BY THE CONTRACTOR.

Add the following paragraph to this subsection:

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.

2-6.1 Cost Reduction Proposal.

Add the following new subsection:

2-6.1 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 in formation 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.

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73 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.

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 condit ion is imposed, the Contractor shall indicate his acceptance in writing allowing the Agency to deduct amounts payable to the Contractor for any monies due or that may become due to the Contractor under the Contract.

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

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

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

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

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

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

Subject to the provisions contained herein, the Agency must have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor.
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74 The Contractor must bear all costs to revise bonds for the Project to include the cost reduction incentive proposal Work.

2-7 CHANGES INITIATED BY THE AGENCY.
2-7.1 General.

Add the following paragraph to this subsection:

Contractor shall not be entitled to claim or brin g 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.

2-8 EXTRA WORK.

Add the following paragraphs to this subsection:

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.

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 Engi neer 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 incl ude itemized estimates. The Contractor’s itemized estimates must detail all applicable elements of price (e.g. labor and payroll costs, quantities, crew composition, production rates, material costs, Subcontractor and Supplier costs, equipment costs, and supplemental costs).

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

SECTION 3 – CONTROL OF WORK

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75 3-1 ASSIGNMENT.

Add the following paragraph to this subsection:

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.

3-5 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 m a d e g o o d b y t h e C o n t r a c t o r i n a n a c c e p t a b l e m a n n e r . U n s u i t a b l e m a t e r i a l s m a y b e r e j e c t e d 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 3-5 (“INSPECTION.”), the Agency may cause rejected or unauthorized work to be remedied, removed or replaced, and to deduct the costs from any monies due or to become due to the Contractor.

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

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

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

If the Contractor elects to work under this Contract more than eight (8) hours a day or more than forty (40) hours in a week, Saturday, Sunday or Ag ency holidays, unless otherwise specified, he shall 08/26/2025
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76 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.

3-5.1 Inspection by Other Jurisdictions.

Add the following new subsection:

3-5.1 Inspection by Other Jurisdictions. Whenever any part of the Work to be performed is under the jurisdiction or control of, or is to be paid for, in whole or in part, by another public agency, entity, or jurisdiction, including but not limited to another city, Vista Irrigation District, North County Transit District, the County of San Diego, the State of California, or the United States Government, such Work, in addition to Agency inspection, shall be subject to inspection and approval by the proper officials of such entities or jurisdictions.

3-6 THE CONTRACTOR’S REPRESENTATIVE.

Replace the first two sentences in this subsection 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 in this subsection with the following:

Contractor shall have on the site, at all times, a Superintendent who will be in charge of all aspects of the Contractor’s work. The Superintendent shall be the individual authorized to receive directions from 08/26/2025
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77 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 to this subsection:

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, cla ssifications, 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.

3-7 CONTRACT DOCUMENTS.
3-7.1 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 dime nsions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Specifications shall govern as to materials, workmanship and installation procedures. The specification calling for the higher material or workmanship shall prevail.

In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the representative of the owner of the facility affected by the work, whose decision shall be final.

Replace the last paragraph in this subsection 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 discre pancy, 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 08/26/2025
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78 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 writ ing. Until such instruct ions 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.

3-7.2 Precedence of the Contract Documents.

Add the following paragraphs to this subsection:

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

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

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

3-8 SUBMITTALS.
3-8.1 General.

Add the following to the end of the first paragraph in this subsection:

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.

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79 Modify the second paragraph in this subsection as follows:

The Contractor shall allow a minimum of sixty (60) 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 to this subsection:

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 eq uipment 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 Co ntractor’s certification that the Contractor has reviewed, checked, and approved the shop drawin gs as conforming to the requirements of the Contract Documents. The following Contractor’s certification shall appear on all submittals:

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

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

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]

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80 3-8.2 Working Drawings.

Add the following to Table 3-8.2:

TABLE 3-8.2 Note
Item Subsection Number Title Subject
15 306-7 Pipe laying Pipeline shop drawings
16 306-5 Dewatering Dewatering Plan

Notes: 1. The diagrams shall be of a size and scale to show clearly all necessary de tails. Pipeline la youts, for reference only, may be submitted in tabulated form in increasing order of alignment stationing.

2. Pipeline layout diagrams or schedules required for approval shall be submitted in accordance with 3-8.3. Layout diagrams or schedules are required for pipelines using pipe materials conforming to the indicated subsections.

The diagrams or schedules will be submitted for reference only, but curve layouts are required for approval.

Modify the fourth paragraph in this subsection to read as follows:

Working Drawings listed above as Items 4-7, 9-15 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California.

3-8.3 Shop Drawings.

Add the following to this subsection:

The following procedures will apply to shop drawing submittals:

a) The Contractor shall submit to the Engineer for review five (5) copies of all shop drawings.

These drawings shall be complete, certified by the Contractor, and shall contain all required information in detail. The Contractor shall make any corrections to shop drawings required by the Engineer.

b) It is considered reasonable that the Contra ctor shall make a complete and acceptable submittal to the Engineer by the third submission of a submittal item. (1) If a submittal is returned to the Contractor marked “No exceptions taken,” formal revision and resubmission of said submittal will not be required. (2) If a submittal is returned to the Contractor marked “Make corrections noted,” formal revision and resubmission of said submittal will not be required. (3) If a submittal is returned to the Contractor marked “Amend-Resubmit,” the Contractor shall revise said submittal and shall resubmit the required number of copies of the revised submittal to the Engineer.
(4) If a submittal is returned to the Contractor marked “Rejected-Resubmit,” the Contractor shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the Engineer.
c) When reviewed by the Engineer, each copy of the drawings will be stamped and signed by the Engineer.
d) Two sets of said drawings will be returned to the Contractor. 08/26/2025
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81 e) The review of the drawings shall not be construed as a complete check, but will indicate only that the general method of construction and detailing is satisfactory. The Contractor shall assume all responsibility for accuracy of data, details, and dimensions shown in the submittals. f) The Contractor agrees that if deviations, disc repancies, or conflicts between shop drawing submittals and the Contract Documents in the form of Plans and Specifications, except as particularly noted within the submittal, are discovered either prior to or after shop drawings submittals are processed by the Engineer, the Plans and Specifications shall control and shall be followed.
g) Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract Plans and Specifications and shall not be taken as the basis of claims for Extra Work. The Contractor shall have no claims for damages or extension of time due to any delay resulting from making required revisions to shop drawings. The review of said drawings by the Engineering will apply to genera l design only and will in no way relieve the Contractor of responsibility for errors or omissions contained therein nor will such review operate to waive or modify any provisions or requirements contained in these Contract Specifications or on the Contract Drawings.
h) The Contractor shall furnish to the Engineer eight (8) copies of instruction and maintenance manuals and parts lists of all major equipment fu rnished. Data in these manuals shall cover completely all items as specified and as supplied.
i) Shop fabrication drawings and lay sheets are required for all steel pipelines sixteen inches and greater in diameter (16”+ Ø). The drawings and lay sheets shall fully illustrate horizontal station and vertical elevation of all joints and angle points, true angular deflection at locations of combined vertical and horizontal bends, and horizontal station for pipeline appurtenances.

3-8.4 Supporting Information.

Add the following items to this subsection:

n) City of Vista Stormwater Management Permit and Storm Water Pollution Prevention Plan (SWPPP), if required, per Subsection 2-2 (“PERMITS.”).
o) Waste Management Plan Permit Application per Subsection 3-12 (“ WORK SITE MAINTENANCE.”).
p) Noise Control Notification per Subsection 3-12.3 (“Noise Control.”). q) Traffic Control Plans per Subsection 601-2 (“Traffic Control Plan (TCP).”). r) Night Work Plan per Subsection 5-7.1.3 (“Safety for Night Work.”).

Add the following paragraphs to this subsection:

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 Co ncrete 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.
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82 The Contractor shall submit the names and addre sses of all suppliers of mineral construction materials, and the mine from which the materials were obtained, along with a copy of the Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098) showing that the mining operation is listed, prior to delivering any mineral construction 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 Proj ect that includes mineral construction materials.

Failure to identify the supplier and the mine may result in rejection of the submittal.

3-8.7 Record Drawings (“As-Builts”).

Add the following new subsection:

3-8.7 Record Drawings (“As-Builts”). It shall be the Contractor's responsibility to keep and maintain, on the job site, a clean, accurate, full-size and legible print set of Project plans that indicate all changes in work, modifications and existing conditions that are different from what is shown on the Plans. The Contractor shall record the location, by stationing to nearest foot, and the depth, by elevation to the nearest tenth of a foot (+/- 0.1’), of all underground utility facilities, including pipes, valves, plugged tees, capped ends, etc. The Contractor shall record, by dimension and / or scale drawings, all wiring, conduits and pull boxes as actually installed. All information necessary to maintain and / or service any concealed work shall be noted on the record drawings. The locations by station of sewer laterals and water services (both perpendicular and skewed) to their mains must be noted on the record drawings. Records shall be kept up to date with all entries checked by the Engineer before the Work is buried or covered up. The Contractor shall make the Record Drawings available for review by the Engineer at any time.

Upon completion of the Work and prior to final acceptance, the complete set of Plans, marked up to show as-built conditions, shall be delivered to the Engineer for review. Full compensation for preparing, maintaining and providing Record Drawings (“As-Builts”) shall be included in the stipulated lump sum price for this item of work. If no item is shown in the bid, then the Contractor shall include all costs in the various items of work.

3-9 SUBSURFACE DATA.

Add the following paragraph to this subsection:

The Contractor shall investigate the existing geotechnical (soil) conditions prior to submitting a bid, and shall satisfy himself as to the existing geotec hnical (soil) conditions, and include all costs to address those conditions in the bid. Upon removal of the existing surface improvements and excavation to subgrade by the Contractor, the Agency will sample existing soils for analysis of the R- value, moisture content, and compaction. Upon determination of the existing geotechnical (soil) conditions and a final street structural section, the Agency will advise the Contractor regarding addition of geogrid or adjustments to the thickness of the aggregate base and the asphalt concrete layers.

Final payment for the approved street structural section will be made pursuant to the unit prices listed in the bid, based on actual quantities of the materials placed, and no additional compensation will be allowed.
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83 A Limited geotechnical investigation was performed for the proposed location by Vinje & Middleton Engineering, Inc on Oct 30, 2024, and provided in the Appendix.

3-10 SURVEYING.
3-10.1 General.

Replace all three paragraphs in this subsection with the following:

3-10.1 General. 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 monume nts, lot stakes (tagged), benchmarks and other survey points.

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

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

The Contractor shall notify the Engineer and the Surveyor performing construction staking in writing by submitting a completed “City of Vista Engineering Construction Survey Request Instructions and Form” found in Appendices (see list of Appendices in Table of Contents on Page 2) at least three (3) Working Days before survey services will be required in connection with the laying out of any portion of the Work. The Surveyor performing construction staking for the Project shall set and station stakes for clearing limits, rough grade, sewers, storm drains, water, dry utilities, structures, finish (precise) grade, curbs, headers, base grade, pavement and other improvements. The Surveyor shall submit acceptable preconstruction survey tie notes to the Engineer for approval. A corresponding cut or fill to finish grade (or flowline) will be indicated on the Surveyor’s grade (cut) sheet. The Contractor shall be required to excavate all holes necessary for offset li ne and grade stakes if in excess of one-half foot (0.5’) deep.

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

3-10.2 Line and Grade.

Replace the first and second paragraphs in this subsection with the following:

All work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross-sections, elevations and dime nsions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three (3) consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the Engineer. Failure to make this report shall make the Contractor responsible for any error in the finished work. Minor deviations from approved Plans, whenever required by the exig encies of construction, shall be determined in all cases by the Engineer and authorized in writing.

Add the following paragraphs and table to this subsection:

The Professional Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California (“Surveyor”) performing construction staking will furnish construction stakes to prosecute the Work as part of the various items of work. Surveying and staking shall be performed using survey equipment and methods appropriate for the Work. For grades equal to or less than one- half percent (0.5%), elevations for staking shall be established by differential leveling. The Surveyor performing construction staking for the Project sh all provide the following stakes as needed to complete the Work:

STAKE TYPE STAKE REQUIREMENTS
Clearing and Grubbing Show limits of Work at fifty foot (50’) maximum intervals and at angle points
Slope Show rough grading for slopes at fifty foot (50’) maximum intervals as needed for construction
Rough Grade Show rough grading for road subgrade on centerline at fifty foot (50’) maximum intervals and on slopes as needed to achieve cut or fill to finished grade as indicated on a grade sheet Drainage Structure Two (2) front corners with line stakes with ten foot (10’) maximum offset, invert elevations in and out, and information for top of structure elevation
Pipelines (storm drain,
sewer, water, etc.)
At twenty-five foot (25’) maximum intervals for invert elevation or top of pipe; also at change of alignment or grade
Sewer and Storm
Drain Manholes
Centerline, invert elevations in and out, and top of rim Road Base Establish finish base gr ade at centerline of street and intersections, provide “blue tops” at fifty foot (50’) maximum on centerline of street and at ten to fifteen foot (10’ - 15’) grid within intersections
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85 STAKE TYPE STAKE REQUIREMENTS
Finish Asphalt Grade At twenty-five foot (25’) maximum intervals for irregular asphalt cuts and fills to set leveling surfaces and at ten to fifteen foot (10’ - 15’) grid within intersections with additional stakes for landings at the bottom of curb ramps
Curb and Gutter At twenty-five foot (25’) maximum intervals and at the top of driveway entrance wings
Curb Return At each quarter (1/4) delta with a stake at the curb return radius point
Curb Ramp Top and bottom of curb transitions, lip of depressed gutter, finished surface at four (4) corners of top landing, & transitions Driveway Centerline and wings (join lines if matching to existing) Street Light and Traffic
Signal poles
Five to seven foot (5’ - 7’) maximum offset showing centerline of poles

The Surveyor performing construction control surveying / staking shall provide one (1) copy of all grade sheets to the Engineer.

The cost to reset construction survey stakes lost or destroyed during construction operations shall be borne by the Contractor.

3-10.3 Payment.

Add the following new subsection:

3-10.3 Payment. The Professional Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California (Land Surveyor) performing construction control surveying / staking will furnish construction stakes to prosecute the Work, and no compensation will be made to the Contractor for delays to the Work caused by the Contractor’s lack of coordination with the Agency to schedule Construction Staking. Payment for all Work necessary for preserving, documenting, and re-establishing existing survey monuments, as specified, will be as shown in the bid, and no additional compensation will be allowed. Th e cost to reset stakes lost or destroyed during construction operations shall be borne by the Contractor. Payment for providing construction staking on the Project will be made by the Agency directly to the Land Surveyor under contract with the Agency.

3-11 CONTRACT INFORMATION SIGNS.
3-11.1 City of Vista Project Information Signs.

Add the following new subsection:

3-11.1 City of Vista Project Information Signs. Before the start of any work, the Contractor shall design, supply, install, and maintain 1 SIGN 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 08/26/2025
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86 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 an d end, funding source(s), and names of the City Council.

Project Information Signs shall be posted with 4” x 4” wood posts within the parkway adjacent to the street at a location approved by the Engineer and at least seven feet (7’) above the pedestrian travel way. Signs and sign posts shall be located within the public right-of-way and may not hinder or obstruct driver’s line of sight. The text on the sign shall be large and legible from a distance. 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 (3) Working Days prior to start of construction and remain posted until the final job walk is completed. The signs shall th en be removed and property disposed. Contractor shall be responsible for the maintenance of these signs until removed.

For the MICHIGAN AVE PARKING LOT PROJECT , the sign on Michigan Ave shall be placed at the limits of the Project, shall face on-coming traffic, and shall not conflict with vehicular or pedestrian traffic or be the cause of any safety concerns. The sign shall be placed at the intersection of Michigan Ave and Vista Village Drive with the final location being approved by the project engineer.

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 cons idered 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 deli very of the signs upon completion of the Work and no additional compensation shall be allowed therefore.

3-11.2 Public Notification.

Add the following new subsection:

3-11.2 Public Notification. The Contractor shall prepare typewritten Public Notification fliers in English and Spanish per the BID SCHEDULE. Fliers sh all 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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87 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 3-12.3 (“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.

3-12 WORK SITE MAINTENANCE.
3-12.1 General.

Replace the second paragraph in this subsection 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 pave d 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 responsibi lity 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/home/rules-compliance/rules/fleet-rules/sweepers

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 st ructures, 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. 08/26/2025
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88 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 3-12.1 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 disp osal 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 the City of Vista at (760) 639-6108.

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

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

3-12.2 Air Pollution Control.

Add the following paragraph to this subsection:

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

The Contractor must obtain and maintain all required permits, and follow all permit requirements.

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89 3-12.3 Noise Control.

Add the following paragraphs to this subsection:

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 prod ucing work (e.g. jack-hammering, saw-cutting, sand blasting, cold milling, compacting, etc.) between the hours of 10:00PM and 7:00AM, unless the Contractor is directed to perform work at night as part of a unique project, to avoid excessive impacts to traffic, businesses, or schools. The Contractor shall provide written notification to all residential properties within five hundred feet (500’) of the work zone at least seventy-two (72) hours in advance of performing: 1) work during these hours; 2) high-noise producing during working hours. The proposed notification form and list of properties shall be submitted to the Engineer for approval.

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

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

3-12.4 Storage of Equipment and Materials.
3-12.4.1 General.

Add the following paragraphs to this subsection:

For the Michigan Ave Parking Lot 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 08/26/2025
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90 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.

For the Michigan Ave Parking Lot Project, the Contractor may use, at his own risk, the City’s vacant lot located at 902 Vista Village Drive next to Palm Drive Exhibits showing these potential staging and storage areas are included in the appendices (see list of Appendices in Table of Contents on Page 2), and the sites are indicated on the Index Maps of the Plans. The Contractor shall place asphalt concrete cold milling spoils at any of the staging and storag e sites used for this project, as directed by the Engineer and by Public Works, to stabilize the surface. The Contractor shall implement and maintain all appropriate storm water pollution prevention BMP’s to prevent discharges from the staging and storage areas. If the Contractor chooses to use any of the possible staging areas, any adjacent sewer easements and access roads must re main accessible to Vista Public Works and Sanitation crews at all times of the day or night. After using any area for staging or storing materials or equipment, the Contractor shall clean up the staging and storage areas used for the project, and return them to their pre-existing condition, to the satisfaction of the Engineer and the Public Works Supervisor.

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 qual ity 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 obta in 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.

3-12.4.2 Storage in Public Streets.

Add the following paragraphs to this subsection:

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 publ ic street rights-of-way unless pre-approved by the City of Vista Traffic Engineering Division.
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91 3-12.4.3 Storage on Private Property.

Add the following new subsection:

3-12.4.3 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 exec uted by affected property owners for the purpose of granting trespass rights to enter upon, stockpil e 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.

INSTRUCTIONS FOR 3-12.6 BELOW:

THE PROJECT WILL DISTURB LESS THAN 1 ACRE OF SOIL, THE CONTRACTOR WILL NEED TO SUBMIT A STORM WATER PERMIT AND ASSOCIATED EROSION CONTROL PLAN PRIOR TO CONSTRUCTION. SPECIFICATIONS ARE LISTED BELOW IN PART I CO NSISTING OF: GENERAL REQUIREMENTS, BMPS, AND MINIMUM REQUIREMENTS].

SPECIFICIATONS ARE LISTED BELOW AS FOLLOWS:

 PART I APPLICABLE TO NON-CG P AND EROSIVITY WAIVER PROJECTS  PART II A. IS APPLICABLE TO CGP CONVENTIONAL PROJECTS  PART II B. IS APPLICABLE TO CGP LINEAR PROJECTS OR LUPs]

PART I – PROJECTS LESS THAN 1 ACRE OF LAND DISTURBANCE

3-12.6 Water Pollution Control.
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92 3-12.6.1 General.

Add the following to this subsection:

The Contractor shall adhere to, the requirements of the San Diego Regional Water Quality Control Board (RWQCB). All work shall be performed in accordance with ORDER NO. R9-2013-0001, AS AMENDED BY ORDER NOS. R9-2015-0001 AND R9-2015-0100 NPDES NO. CAS0109266 - NATIONAL

POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT AND WASTE DISCHARGE

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

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

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

As part of the application for City of Vista Storm Water Management Permit, the Contractor shall submit an erosion control plan showing all pollution prevention, erosion and sediment control, and site management practices, to the City Engineer fo r review and approval, and shall implement and maintain all appropriate measures to prevent polluted discharges from entering storm water conveyance facilities (e.g. channels, storm drains, and water bodies). The Storm Water Management Permit application and erosion control plan must be prepared and submitted by the Contractor and approved by the City Engineer before any land disturbance activities can take place on the construction site.

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

3-12.6.1.1 Compliance.

Add the following new subsection:

3-12.6.1.1 Compliance. The Contractor shall make every effort to comply with the provisions of this subsection. However, should the Contractor viol ate any of the provisions of this subsection, or if pollution occurs in the work area for any reason, the Contractor shall immediately notify the City Engineer. If an unmitigated non-storm water discharge leaves the construction site, the Contractor shall immediately stop all the activity causing the discharge and mitigate the discharge and immediately notify the City Engineer or call the Storm Water Hotline at 760-643-2804. In addition the Contractor shall, with seven (7) calendar days, submit written confirmation to the City Engineer describing the incident and corrective actions taken. If pollution, for whatever reason, is detected by the City Engineer before notification by the Contractor, the required written confirmation shall also include any explanation of why the Contractor had not notified the City Engineer.

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

The Agency may make any further corrective acti ons, as deemed necessary, for abatement of water pollution if the Contractor has violated any of the provisions of this subsection. The Contractor shall be responsible for all costs incurred for the corrective actions. Failure to comply with the requirements of this subsection may result in the suspension of Work per Subsections 6-6 and 6-4.3 (“SUSPENSION OF THE WORK.” and “Payment for Delays.”). The City’s Municipal Code (Vista Municipal Code) Section 13.18 allows for administrative, misdemeanor penalties, infractions, and civil actions for non-compliance and enforcement actions that include stop work orders. Failure may also result in significant fines and possible imprisonment. A pr osecuting authority may assess fines of up to $37,500 per calendar day for each violation. The Contractor shall also reimburse the Agency for any fines assessed against and paid by the Agency and that are the result of the Contractor’s failure to comply with these specifications.

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

3-12.6.2 Best Management Practices (BMPs).

Add the following to this subsection:

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

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

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

The Contractor shall protect with BMPs, such as gr avel bags and filter fabric, all new and existing storm water conveyance system structures and other facilities from sedimentation or other related 08/26/2025
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94 construction debris and discharges, or by any other equal product that is acceptable to the City Engineer. The Contractor shall schedule and conduct land disturbance operations, such as demolition, clearing, and grading, to minimize or avoid rain fall induced erosion and sediment discharges and prevent tracking at the construction site during in gress and egress. Water pollution control activities shall also consist of implementing good housekeeping BMPs to reduce the discharge of pollutants from construction sites. Such features as drainage gutters, slope protection blankets, and retention basins, if applicable to the site as described in the erosion control plan, shall be constructed prior to start of work. The Contractor shall prevent any discharge of concrete rinse water or other pollutant into a storm water conveyance facility by using physical barriers.

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

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

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

The Contractor shall implement the following water pollution control measures:

(a) Minimum Water Quality Protection Requirements:
(1) Eroded sediments and other pollutants must be retained on site and may not be transported from the Work site via sheet fl ow, swales, area drains, natural drainage, tracking by vehicles or equipment, or wind. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the rainy season; pl anting and maintenance of vegetation on slopes; and cover to prevent or minimize erosion of susceptible slopes. (2) Stockpiles of earth and other work-related materials must be protected from being transported from the site by wind or water.
(3) Fuels, oils, solvents, and other toxic and non-toxic substances shall be stored in accordance with the manufacturers’ instructions. All storage containers shall be protected from the weather. Fuels, oils, solvents, and other toxic substances originating from the Contractor’s operations shall not be allowed to contaminate the soil, storm water or surface waters or enter the ground water or be placed where they will enter a live stream, channel, drain, or other water conveyance facility.
(4) The Contractor may not wash excess or waste concrete onto the ground or into the public rights of way or any drainage system. Provisions shall be made to retain concrete wastes onsite with containment until it can be appropriately disposed of or recycled. (5) Trash and construction-related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. 08/26/2025
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95 (6) Vehicle and equipment traffic shall not track sediments and other materials from the construction site. The Contractor must stabilize the entrance roadways to the construction site to inhibit sediments from being deposited into the public rights of ways. Accidental depositions must be swept up immediately and may not be washed down by rain or by any other means. All loose soil and debris shall be removed from street areas upon starting operations and periodically thereafter as directed by the City Engineer. (7) Non-storm water, wash water and runoff from equipment and vehicle washing and any other activity shall be contained at the construction site. (8) The Contractor shall protect all new and ex isting storm drain system structures from sedimentation, or other construction related debris and discharges with gravel bags and filter fabric or by any other equal product or measure acceptable to the City Engineer.

Accumulated debris shall be cleaned up and pr operly disposed of by the Contractor to prevent the materials from entering or being carried into storm water conveyances. (9) When making sawcuts in pavement, use as little water as possible and perform during dry weather. Cover each storm drain inlet completely with filter fabric or plastic during the sawing operation and contain the slurry by placing straw bales, sandbags, or gravel dams around the inlets. After the liquid drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and remove from site. Alternatively, a small onsite vacuum may be used to pick up the slurry as this will prohibit slurry from reaching storm drain inlets.
(10) Pavement marking:
 Schedule pavement marking activities for dry weather.  Develop paint handling procedures for proper use, storage, and disposal of paints.  Transfer and load paint and hot thermoplastic away from storm drain inlets.  Provide drop cloths and drip pans in paint mixing areas.  Properly maintain application equipment.
 Street sweep all grindings. Yellow ther moplastic grindings may require special handling as they may contain lead.
 Paints containing lead or tributyltin are considered a hazardous waste and must be disposed of properly.
 Use water based paints whenever possible. If using water based paints, clean the application equipment in a sink that is connected to the sanitary sewer.  Properly store leftover paints if they are to be kept for the next job, or dispose of properly.
(11) After the completion of the Work, the construction site shall be cleared of trash and debris and restored to a condition equal to or better than that existing before construction by completing all approved landscaping and permanent or post-con struction sediment controls.

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

The Contractor shall mark with a stencil, concrete stamp, or ceramic tile every storm drain inlet within the Project boundaries to indicate that no dumping is allowed in storm drainage facilities that discharge in the ocean. The stencil or tiles are available from the City Engineer, with five (5) Working 08/26/2025
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96 Days advance notice. On curb inlets, the stencil shall be placed at the curb line on the inlet roof, the stamp should be placed on the inlet roof or in the sidewalk behind the inlet, and the tile shall be affixed to the gutter with pavement-marker adhesive or inset in the concrete in the center of the inlet opening.

On catch basins, the stencil, stamp, and tile shall be placed or imprinted next to the inlet grate. Extra concrete may be required next to the grate to accommodate the stencil, stamp, or tile dimensions.

3-12.6.5 Payment.

Replace the paragraphs in this subsection with the following:

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

con
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
].

3-13.2 Acceptance.

Add the following paragraphs to this subsection:

Contractor shall be responsible for the care, maintenance of and any damage to all Water Facilities which have not been accepted by VID, except any damage caused by the active negligence of VID, its agents, employees or representatives.

VID shall not be required to accept the Water Facilities or any portion thereof until all Water Facilities have been completed to VID’s satisfaction. Furthermore, VID shall be permitted to use and operate any portion of the Water Facilities completed sufficiently to pass all field tests, after being placed into service by VID.

3-13.3 Warranty.

Replace the first paragraph in this subsection 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.
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97 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 in this subsection 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, fa bricated, installed, completed or overlooked and accepted by the Engineer, the Contractor must, in accordance with the Engineer’s written instructions and within the specified time limits, either correct the defective or non-conforming Work, or, if it has been rejected by the Engineer, remove it from the Site and replace it with non-defective and conforming Work.

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

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

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

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

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98 For Building Projects which require a certificat e of occupancy, not including sewer and water facilities, if the Contractor fails to correct the def ective work listed on the Agency’s “Punchlist” within forty-five (45) Working days after the Contract Time, he must reimburse the Agency for all costs to provide inspection services required to monitor Work beyond the forty-five (45) days. The Agency will bill the Contractor for the additional inspection at the Agency’s established rates.

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

The Contractor must repair or replace the traffic signal and lighting system equipment within seventy-two (72) hours after notification of defects by the Engineer.

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 Defectiv e 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 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 acceptan ce of any defective work or improper materials.

Further, the certificate of final payment shall not terminate the Contractor’s obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any work done in accordance with any alterations of the same, shall release the Agency, the Agency’s Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof.

No materials, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement or supplier. The Contractor warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the Work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, and further agrees that neither the Contractor nor any person, firm or corporation furnishing any material or labor for any work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing 08/26/2025
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99 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 wo uld 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 pursua nt to California Code of Civil Procedure Section 337.15.

3-14 SITE EXAMINATION.

Add the following new subsection:

3-14 SITE EXAMINATION. The Contractor shall have the sole re sponsibility 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 availa ble 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.

3-15 FLOW AND ACCEPTANCE OF WATER.

Add the following new subsection:

3-15 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.

3-16 NOTICE OF THIRD PARTY CLAIMS.

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Add the following new subsection:

3-16 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.

3-17 SEPARATE CONTRACTS.

Add the following new subsection:

3-17 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 wo rk and shall properly co nnect 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 4 – CONTROL OF MATERIALS

4-1 GENERAL.

Replace this subsection with the following:

4-1 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 requ ired. 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.

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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 kn owledge 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 mate rials 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.

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 Agency-furnished Materials.

Add the following new subsection:

4-1.1 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.

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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 m o n i e s d u e t o t h e C o n t r a c t o r t o m a k e g o o d any shortages and deficiencies, from any cause whatsoever, which may occur after said materials and/or equipment have been furnished to the Contractor.

4-3 INSPECTION.
4-3.1 General.

Modify the first paragraph to read as follows:

4-3.1 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, protec tive coating application, plastic liner, fiberglass tanks, plastic liner pipe, and similar shop or plant operations.

Modify the third sentence of the second paragraph to read as follows:

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

4-4 TESTING.

Add the following paragraphs to this subsection:

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 construc tion procedure to permit testing of the Work in 08/26/2025
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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, ai r 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 th e expense of the Contractor. The Contractor shall m a k e a l l o w a n c e s i n h i s c o n s t r u c t i o n p r o c e d u r e t o p e r m i t t e s t i n g o f t h e W o r k i n p r o g r e s s b y t h e 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.

4-6 TRADE NAMES:

Add the following paragraphs to this subsection:

I n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f S e c t i o n 3 4 0 0 o f t h e C a l i f o r n i a P u b l i c C o n t r a c t C o d e , t h e Contractor shall be provided a period of not le ss 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 characterist ics 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 08/26/2025
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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.

4-9 REMOVAL OF INTERFERING OBSTRUCTIONS.

Add the following new subsection:

4-9 REMOVAL OF INTERFERING OBSTRUCTIONS. The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under other various items of work.

4-10 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY.

Add the following new subsection:

4 - 1 0 P R O C E D U R E I N C A S E O F D A M A G E T O P U B L I C P R O P E R T Y . Any portions of curb, gutter, sidewalk or any other City improvement not identi fied 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 operat ions), shall be paid to the Contractor at the unit prices submitted in the Bid.

SECTION 5 – LEGAL RELATION S AND RESPONSIBILITIES

5-3 LABOR.
5-3.1 General.

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