Brengle Terrace Park Ballfield Renovation Project.pdf

CITY OF VISTA PUBLIC WORKS DEPARTMENT

PROJECT SPECIFICATIONS FOR

BRENGLE TERRACE PARK BALLFIELDS

RENOVATION PROJECT C.I.P. No.8349

July 2026

PROJECT SPECIFICATIONS

for

BRENGLE TERRACE PARK BALLFIELDS

RENOVATION PROJECT

CITY OF VISTA, CALIFORNIA

Prepared in the

OFFICE OF THE PUBLIC WORKS DEPARTMENT

CITY OF VISTA, CALIFORNIA

PUBLIC WORKS DEPARTMENT

1165 E. Taylor Street Vista, CA 92084-6275

Greg Mayer, P.E. Date Signed City Engineer

6/30/26

PROJECT SPECIFICATIONS FOR

BRENGLE TERRACE PARK BALLFIELDS RENOVATION PROJECT

TABLE OF CONTENTS

BIDDING AND CONTRACTUAL DOCUMENTS PAGE

Notice Inviting Bids

Instructions to Bidders

Proposal Forms

Bid Proposal Bid Schedule Contractor’s Licensing Statement Project References Contractor’s List of Subcontractors Non-Collusion Declaration Bid Security Forms

Agreement and Bonds Construction Contract Faithful Performance Bond Payment Bond Contractor's Certificate Non-Collusion Declaration for Subcontractors

SPECIAL PROVISIONS

Supplementary General Provisions Supplementary Technical Provisions

APPENDICES

Appendix A: Site map Appendix B: Staging Map Appendix C: Stormwater Management Permit Appendix D: Waste Management Plan

PART I

BIDDING AND CONTRACTUAL DOCUMENTS

NOTICE INVITING BIDS

PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Clerk of the chartered City of Vista (“Agency”) for furnishing all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, for the BRENGLE TERRACE PARK BALLFIELDS RENOVATION PROJECT (C.I.P. No.

8349) in strict accordance with the Project Specifications and Plans on file in the City of Vista Engineering Department.

1. DATE OF OPENING BIDS

All Bidders are required to submit their bid electronically through the City’s Electronic Bidding System (OpenGov Procurement). Hardcopy bids will not be accepted. Bidders must register by creating a free account with OpenGov Procurement at: https://secure.procurenow.com/signup.

Registered bidders may obtain bid materials and view submission procedures at:

https://secure.procurenow.com/portal/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 on TUESDAY, JULY 28, 2026.

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 Americans 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: Comprehensive outfield and infield renovations to enhance the playability and aesthetics of the fields. Outfield tasks include cutting and removing existing sod, pulverizing and blending the soil with organic material, grading and clearing debris, adjusting irrigation components, applying 425 tons of sport sand, precision laser grading, fertilizing, and installing Hybrid Bermudagrass sod. Additionally, decomposed granite will be installed along the field borders for a clean, and defined transition. Infield renovations involve installing a new pitching rubber and home plate, reconstructing the batter’s and catcher’s boxes, placing base anchors with proper alignment, applying and tilling 50 tons of infield mix, laser grading and finishing the surface, and evenly spreading DuraEdge Platinum conditioner or equal to optimize field performance.

Due to seasonal recreational programming, the project will begin in October.

3. LOCATION OF WORK

The Work to be constructed is located on: 1200 Vale Terrace Drive in the City of Vista, California.

4. CONTRACT DOCUMENTS

Contract documents are available electronically on the City’s OpenGov Procurement portal at:

https://secure.procurenow.com/portal/cityofvista.

5. CONTRACTOR'S LICENSE CLASSIFICATION

In accordance with the provisions of the California Public Contract Code Section 3300, the Agency has determined that the Contractor shall be required to possess a valid California C-27 Landscaping License 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. TIME OF COMPLETION

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.

7. MANDATORY PRE-BID MEETING

A mandatory Pre-Bid Meeting will be held on Tuesday, JULY 14, 2026, AT 10:00 AM in the Ballfields at Brengle Terrace Park 1200 Vale Terrace Drive, Vista CA, 92084. The scope of the Project and the bidding requirements are reviewed by the Agency and comments and questions from prospective bidders are discussed. PROSPECTIVE BIDDERS ARE REQUIRED TO ATTEND.

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.

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.

By ORDER of the chartered City of Vista, California

Kathy Valdez, City Clerk City of Vista, California

INSTRUCTIONS TO BIDDERS

1. SITE REVIEW

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

2. LOCAL CONDITIONS AND BID QUANTITIES

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

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

Bidders shall satisfy themselves by personal examination of the location of the proposed Work, and by such other means as they may choose as to actual conditions and requirements, and as to the accuracy of the quantities stated in the BID SCHEDULE. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, as to the quantity of materials to be furnished, and as to the requirements of these Contract Documents.

Information derived from the Plans, Project Specifications, profiles or drawings, maps, other reports, or from the Engineer or his assistants, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not warranted or guaranteed, either expressly or implied, by the Agency. The bidder’s failure or omission to receive or examine any part of the Contract Documents or to visit the site and be familiar with the existing conditions, shall in no way relieve the bidder from obligation with respect to this bid or to the performance of the Work under this Contract.

The quantities of work or material stated in the unit price items of the BID SCHEDULE are supplied only to give an indication of the general scope of the Work. The Agency does not expressly or by implication agree that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the amount of any unit price item of the Work by an amount up to and including twenty-five percent (25%) of any bid item(s), or to omit portions of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price.

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

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

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

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

3. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

This Project is not a Federally-funded project.

The Agency hereby notifies all bidders that it will affirmatively ensure that in any Contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. Components of the Agency’s Disadvantaged Business Enterprise (DBE) Program can be found in the Appendices (see list of Appendices in Table of Contents on Page 2). The Agency may require of the low bidder and sub-contractors any DBE certification within four (4) Working Days after bid opening.

4. INTERPRETATION OF PLANS AND PROJECT SPECIFICATIONS

If any person contemplating the submittal of a bid for the proposed Contract is in doubt as to the meaning of any requirement of the Plans or Project Specifications, or he finds any discrepancies in or omissions from the Plans or Project Specifications, they shall submit a written request for an interpretation or correction thereof via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement.

The written request must be received by the deadline listed in the City’s Electronic Bidding System, or if no deadline is listed, at least five (5) Working Days prior to the date fixed for opening of bids. The person making the request will be responsible for its prompt delivery.

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

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

5. BIDDERS INTERESTED IN MORE THAN ONE BID

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

6. FORM OF BID AND SIGNATURE

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

These documents shall constitute the bid. The bid shall be submitted electronically for this solicitation on the City’s OpenGov Procurement portal at:

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

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

If the proposal is made by an individual, it shall be signed and his full name and address shall be given; if it is made by a firm, it shall be signed with the partnership name by a member of the firm, who shall also sign his own name, and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.

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

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

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

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

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

a) The Bid contains blank spaces that are not properly filled in.

b) The Bid contains unauthorized provisions, conditions, limitations, or alternatives.

c) The Bid is either not typewritten or not printed in ink.

d) The Bid contains interlineations, alterations, erasures, clerical errors or is otherwise illegible or unclear, or not properly initialed.

e) The Bid is not properly signed in accordance with the instructions.

f) The Bid contains unit prices and/or item totals that are unreadable or otherwise unclear, or are omitted.

g) The Bid contains a significant “material” difference between the bid total written in figures, the bid total written in words, and/or the sum of the item totals after any math errors are corrected.

Bidder’s failure to submit the Bid on time through the City’s Electronic Bidding System, submit a complete Bid using all of the required Bid forms provided in the Contract documents or addenda, include a price for any Bid item that requires the Bidder to submit a price, acknowledge all addenda, or submit the appropriate Bid Security shall render the Bid non-responsive and shall be cause for its rejection.

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

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

8. ALTERNATIVE SCHEDULES

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

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

9. LIST OF SUBCONTRACTORS FILED WITH BID

In accordance with the provisions of Sections 4100 through 4113, inclusive, of the Public

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

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

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

10. NON-COLLUSION DECLARATIONS

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

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

11. BID SECURITY / RETURN OF BID SECURITIES

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

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

1) Principal’s signature with title must be properly notarized (i.e., proprietorship, partnership, corporation, joint venture). If corporation, affix seal;

2) Signature of Attorney-in-Fact for Surety must be properly notarized;

3) Attach certified copy of Power of Attorney for Surety’s Attorney-in-Fact; and

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

Bidders must scan and upload a copy of their bid security or bidder’s bond with their electronic bid submittal in OpenGov Procurement.

Bidders must also mail their bid security or original bidder’s bond with a postmarked date no later than the Bid Date, to the following address:

ATTN: Yale Jeffery City of Vista Public Works Department 1165 E. Taylor St.

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 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 performed by the Bidder of comparable magnitude that he or his associates are personally competent to manage the proposed undertaking, and to carry it forward to a successful conclusion.

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 perform, with its own personnel from within its organization, Contract work amounting to at least fifty percent (50%) of the Contract Price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of work required to be performed by the Contractor with its own personnel [i.e. the percentage of work which will not be performed by a Bidder’s own forces will be determined by

(1) adding the dollar value of all contracts shown on the list of subcontractors (excluding the dollar amount of any specialty items), then (2) dividing such total by the Bidder’s Total Bid Amount (excluding the dollar amount of specialty bid items)].

Specialty Items shall be as listed in Subsection 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_contracto r_lookup

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.

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.

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 said 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 protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

e) The Agency shall issue a decision on the protest.

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.

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 with the Office of Small Business and DVBE Service, a division of the California 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 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 California, 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, approved by the Agency, in accordance with the provisions of Civil Code Section 3225-3228, inclusive, and Sections 3247-3252, inclusive.

Unless otherwise specified in the Contract Documents, said Payment Bond shall be in a sum not less than one hundred percent (100%) of the total amount payable by the terms of this Contract, but not less than the sum prescribed by Section 3248 of the Civil Code, in any case.

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

Sureties must:

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

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

2) be authorized to issue bonds in California;

3) have bonding limitation shown in said Circular 570 sufficient to provide bonds in the amount required for the contract.

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

http://www.insurance.ca.gov

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

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

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

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

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

26. NOTIFICATION OF SURETY COMPANIES

The surety companies and other signers of any of the above mentioned bonds and insurance companies, shall familiarize themselves with all of the conditions and provisions of the contract, and they waive the right of special notification of any change or modification of the Contract or of extension of time, or of decreased or increased work, or of the cancellation of the Contract, or of any other act or acts by the Agency or its authorized agents, under the terms of the Contact;

and failure to so notify the aforesaid surety companies or insurance companies of changes shall in no way relieve the surety companies of their obligation under the Contract.

27. LIABILITY INSURANCE

Before the Contract is executed on behalf of the Agency, a bidder to whom the…