La Costa Ave Pedestrian Project.pdf

LA COSTA AVE PEDESTRIAN PROJECT

CS24C

June 30, 2026

GENERAL PROJECT INFORMATION:

BID NO.: ENG-BID26-03

PROJECT NO.: CS24C

DEPARTMENT: ENGINEERING

COUNCIL DISTRICT: 1

PROJECT TYPE: STREET IMPROVEMENT

BID DUE DATE: July 28, 2026

CITY OF ENCINITAS ELECTRONIC BIDDING INFORMATION:

https://www.encinitasca.gov/business/bids-rfps

CITY OF ENCINITAS

CALIFORNIA

CONTRACT DOCUMENTS,

SPECIFICATIONS AND STANDARD DRAWINGS

FOR

https://www.encinitasca.gov/business/bids-rfps

ENGINEER OF WORK

The engineering specifications and special provisions contained herein have been prepared by or under the direction of the following Registered Engineer;

Edgar A. Camerino, P.E. Date Engineer of Record

Dan S. Nutter, P.E. Date Director/City Engineer

[STAMP/SEAL]

[STAMP/SEAL]

TABLE OF CONTENTS

Page

SECTION A - NOTICE INVITING BIDS ….......................................................................................A-1

SECTION B - INFORMATION AND INSTRUCTIONS TO BIDDERS

OBTAINING CONTRACT DOCUMENTS …..............................................................................B-1 CONTRACT DOCUMENTS …...................................................................................................B-1 EXAMINATION OF CONTRACT DOCUMENTS …..................................................................B-1 INTERPRETATION OF CONTRACT DOCUMENTS …............................................................B-1 INSPECTION OF SITE …...........................................................................................................B-2 ADDENDA …..............................................................................................................................B-3 COMPLETION OF BID FORMS AND PROJECT QUESTIONNAIRE .................................... B-3 FIFTY PERCENT “OWN FORCES” REQUIREMENT ............................................................ B-4 MODIFICATIONS OF BIDS .................................................................................................... B-4 DESIGNATION OF SUBCONTRACTORS ............................................................................. B-4 LICENSE REQUIREMENTS .................................................................................................. B-4 SIGNING OF BIDS ................................................................................................................. B-4 BID GUARANTEE (BID BOND) .............................................................................................. B-5 SUBMISSION OF SEALED BIDS ........................................................................................... B-5 DELIVERY AND OPENING OF SEALED BIDS ..................................................................... B-5 WITHDRAWAL OF BID ......................................................................................................... B-6 RESPONSIVE AND RESPONSIBLE BIDDER ....................................................................... B-6 BASIS OF AWARD ................................................................................................................. B-6 RESPONSIBLE BIDDER ........................................................................................................ B-6 DISQUALIFICATION OF BIDDERS ...................................................................................... B-7 INSURANCE REQUIREMENTS ............................................................................................ B-7 WORKERS COMPENSATION .............................................................................................. B-7 AWARD PROCESS ................................................................................................................ B-7 FILING OF BID PROTESTS ................................................................................................... B-7 SUBSTITUTION OF SECURITY ............................................................................................ B-8 PREVAILING WAGE AND ENFORCEMENT COMPLIANCE ................................................ B-8 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS .......................................... B-9 PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS .................................... B-9 ENCINITAS BUSINESS REGISTRATION ............................................................................. B-9 REQUEST FOR SUBSTITUTIONS ........................................................................................ B-9 SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, FEES ......................... B-9 EXECUTION OF CONTRACT ................................................................................................ B-9

CONTRACTOR’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND

CONTROL ACT OF 1986 ....................................................................................................... B-9

CONTRACTOR’S AWARENESS AND COMPLIANCE WITH THE AMERICANS WITH

DISABILITIES ACT OF 1990 ................................................................................................ B-10 NONDISCRIMINATION ........................................................................................................ B-10

SECTION C – BID FORMS

PROPOSAL ............................................................................................................................ C-1

50 PERCENT OWN FORCES REQUIREMENT & SUBLETTING AND

SUBCONTRACTING FAIR PRACTICES ACT ...................................................................... C-3

DESIGNATION OF SUBCONTRACTORS AND AMOUNT OF SUBCONTRACTOR’S

BID ITEMS ............................................................................................................................. C-5 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY ................................................ C-6

BIDDER’S INFORMATION AND EXPERIENCE FORM ........................................................ C-7 BIDDER’S CERTIFICATES OF INSURANCE ...................................................................... C-14 NON-COLLUSION AFFIDAVIT ............................................................................................ C-15

CONTRATOR’S CERTIFICATION REGARDING WORKER’S COMPENSATION .............. C-16

BID BOND ............................................................................................................................ C-17

CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT . C-18

BIDDER’S STATEMENT REGARDING DEBARTMENT ...................................................... C-19 BIDDER’S DISCLOSURE OF DISCIPLINE RECORD ......................................................... C-20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ............................... C-22 PROJECT BID SCHEDULE AND BID .................................................................................. C-23 BIDDER’S DECLARATION .................................................................................................. C-28 ACKNOWLEDGEMENT OF ADDENDA .............................................................................. C-29

SECTION D – CONTRACT

CONTRACT ............................................................................................................................ D-1 PERFORMANCE BOND ....................................................................................................... D-9 PAYMENT BOND ................................................................................................................ D-13 WORKER’S COMPENSATION INSURANCE CERTIFICATE ............................................. D-16 GUARANTY .......................................................................................................................... D-17

SECTION E – SPECIAL PROVISIONS

INTRODUCTION .................................................................................................................... E-1 SECTION 1 – GENERAL........................................................................................................ E-2 SECTION 2 – SCOPE OF THE WORK .................................................................................. E-4 SECTION 3 – CONTROL OF THE WORK ........................................................................... E-15 SECTION 4 – CONTROL OF MATERIALS .......................................................................... E-31 SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES ........................................... E-36

SECTION 6 – PROSECUTION OF PROGRESS OF THE WORK ....……….……….……….E-46

SECTION 7 – MEASUREMENT AND PAYMENT ........................ ………..………….……….E-52

SECTION F – TECHNICAL PROVISIONS

PART 2 – CONSTRUCTION MATERIALS.………………………….…………..…...…..…....F-1

PART 3 – CONSTRUCTION METHODS...……………………….…………….…...…....…..F-16

PART 4 – EXISTING IMPROVEMENTS.………………………….…………...…...…..….....F-25

PART 6 – TEMPORARY TRAFFIC CONTROL…………….…………………….....….........F-34

PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL IMPROVEMENTS…...…...…….F-39

PART 8 – LANDSCAPING AND IRRIGATION………………………………...…..……..…..F-40

SECTION G – REFERENCE DRAWINGS AND DOCUMENTS

SELECTED REFERENCE DRAWINGS AND DOCUMENTS………………………………..G-1

DOORHANGER………………………………………………………………..………………….G-5

SANDAG SIGN REQUIREMENTS……………………………………………………………...G-7

END OF TABLE OF CONTENTS

A - 1

LA COSTA PEDESTRIAN PATH

CS24C

NOTICE INVITING BIDS

Notice is hereby given that the City of Encinitas will receive ELECTRONIC BIDS ONLY, via the on-line bidding service PlanetBids, up to 2:00 PM, on July 28, 2026. At which time said ELECTRONIC BIDS will be publicly opened and read. The results will be posted on PlanetBids immediately upon bid opening. Bidders need not be present at bid opening.

WORK TO BE DONE: The work to be done generally includes:

Construct a decomposed granite (DG) path along the south parkway of La Costa Ave from Vulcan Ave to the Interstate 5 Southbound On-ramp. Requires the removal of existing encroaching private improvements and landscaping within the right-of-way (ROW) as necessary. Construct new ADA curb ramps and retaining wall, replace driveways, adjust and relocate utilities, and install a modular wetlands BMP. Rebuild the street intersection between La Costa Ct to La Costa Ave to allow for an ADA compliant street crossing. Perform re-striping within the south side of La Costa Ave to move the existing bike lane south to replace the existing pedestrian path within the street pavement adjacent to the existing AC berm and convert the old bike lane into a bike lane buffer.

The Contractor shall complete the proposed work in its entirety. Should any detail or details be omitted from the Contract Documents which are essential to its functional completeness, then it shall be the responsibility of the Contractor to furnish and install such detail or request such details from the City Engineer so that upon completion of the proposed work, the work will be acceptable and ready for use.

COMPLETION OF WORK: The Contractor shall finish all improvements complete and in place within sixty five (65) working days of the Commencement Date in the Notice to Proceed. Within the sixty five (65) working days and upon completion of all revegetation installation, a ninety

(90) calendar day Plant Establishment Period (PEP) shall begin. No additional working days will be granted for time during the PEP and shall continue until success criteria are met. Completion of work shall take place when both improvements and PEP are fully completed.

LOWEST RESPONSIVE AND RESPONSIBLE BIDDER: All bids are to be compared on the basis of the City Engineer's estimate of the quantities of work to be done and the unit prices bid by the bidder. The award of the contract, if it is awarded, will be to the lowest responsive and responsible bidder. Pursuant to Public Contract Code Section 1103, a “Responsible Bidder”, means a bidder who has demonstrated the attributes of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform this public works contract.

FIFTY PERCENT “OWN FORCES” REQUIREMENT: Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive.

A - 2

OBTAINING CONTRACT DOCUMENTS: The website for this advertisement and related documents is: PlanetBids (http://www.encinitasca.gov/bids). All bid documents and project correspondence will be posted on the PlanetBids website. It is the responsibility of Proposed Bidders to check the website regularly for information updates and Bid Clarifications, as well as any addenda. To submit a bid, a bidder must be registered with the City of Encinitas as a vendor.

To register as a vendor, go to the following link (http://www.encinitasca.gov/bids) and then proceed to the “Register As A Vendor” link. In compliance with California Contract Code Section

20103.7 electronic copies will be made available to contractor plan series bid boards and contractors upon their request. The City makes no representation regarding the accuracy of Contract Documents received from third party plan rooms and Contractor accepts bid documents from third parties at its own risk.

Contractors shall be responsible for obtaining all addendums for the project and signing and submitting all addendums with their bid. Any contractor that does not acknowledge receipt of all addendums by signing and submitting all addendums with their bid shall be deemed a non-responsive bidder and their bid will be rejected.

BID INFORMATION: Bids shall be submitted electronically to the city utilizing PlanetBids (http://www.encinitasca.gov/bids) No bid will be considered unless it is made on a proposal form furnished by the City. The work shall be in strict conformity with the Contract documents. In order to bid this project, the Contractor must have at the time of bid award a valid Class A State of California Contractor’s License in good standing and must maintain said license in good standing throughout the course of the project. Certain specialty licenses may be required of certain work as set forth in the plans and specifications. The Contractor is responsible to ensure that all proper licenses are maintained. No bid will be awarded to a Contractor who is not licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. Withdrawal of bids by Contractor shall not be permitted for a period of ninety (90) days after the date set for the opening thereof.

BID SECURITY: Each bid must be accompanied by cash, certified or cashier's check, or bidder's bond made payable to the City of Encinitas for an amount equal to at least ten percent (10%) of the amount bid, such guarantee to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.

PRE-BID QUESTIONS: The City will answer information requests on this project up to Noon on July 21, 2026. After Noon on July 21, 2026, no more questions or information requests will be answered. All questions regarding this project shall be submitted through PlanetBids. All project correspondence will be posted on the PlanetBids website. It is the responsibility of the Bidders to check the website regularly for information updates, clarifications, and addenda.

LIQUIDATED DAMAGES: The Contractor shall pay to the City of Encinitas the sum of Four Thousand Two Hundred Dollars ($4,200) per day for each and every calendar day of unexcused total project delay in completing the work in excess of the number of working days prescribed above. Pursuant to Public Contract Code Section 7203, these liquidated delay damages shall not limit the other express terms of this public works contract.

EQUALS: Notwithstanding if the project plans or specifications designate specific brands, materials, items or trade names, the Bidder may submit proposed equals to the Contract, pursuant to Public Contract Code Section 3400. Any contractor seeking a request for a substitution of “an http://www.encinitasca.gov/bids http://www.encinitasca.gov/bids

A - 3 equal” item shall submit all necessary data substantiating a request at least ten business days prior to the bid opening date.

RIGHT TO REJECT ALL BIDS: The City reserves the right to reject all bids at its sole discretion and to waive any immaterial irregularities or informalities in the bids received.

PREVAILING WAGE AND ENFORCEMENT COMPLIANCE: This is a prevailing wage project and prevailing wage rates for this locality and project as determined by the director of industrial relations apply, pursuant to labor code section 1770, et. Seq. The Prevailing Wage Determination for this project is 2026-1. A copy of the prevailing wage rates shall be posted on the job site by the contractor. A schedule of prevailing wage rates is available for review at the City’s offices or may be found on the internet at http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. The successful bidder shall be required to pay at least the wage rates set forth in that schedule.

Certified Payroll records shall be maintained by the contractor and copies of the certified payroll shall be electronically sent to the Department of Industrial Relations and be delivered to the City at the end of each month during the entire duration of the project.

The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Subject to exceptions as set forth in Labor Code section 1771.1, 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 by statute, unless it is currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. The City may not accept a bid nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform public work pursuant to Section 1725.5. For more information, go to https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html.

COMPLIANCE WITH LABOR LAWS: The prime contractor shall be responsible for insuring compliance with all applicable provisions of the Labor Code, including, but not limited to, section 1777.5.

SUBLETTING AND SUBCONTRACTING FAIR PRACTICES ACT: Contractor shall comply with sections 4100 et. seq. of the Public Contracts Code ("Subletting and Subcontracting Fair Practices Act) in all respects. The City is the "duly authorized officer" for the purposes of sections 4107 and 4107.5.

PERFORMANCE AND PAYMENT BONDS: Each bid shall be accompanied by security in a form and amount as required by law. The successful bidder will be required to furnish a Payment Bond for one hundred percent (100%), and a Performance Bond for one hundred percent (100%) of the contract amount prior to execution of the contract. The City requires the awarded contractor obtain Payment and Performance bonds, issued by an admitted carrier, qualified to do business in California, as required by Code of Civil Procedure Section 995.120. Pursuant to Public Contract Code section 22300, the City permits the substitution of securities for any moneys withheld to ensure performance under the contract, or, alternatively, the contractor may request and the City may make payment of retentions earned directly to the escrow agent at the expense of the Contractor.

NONDISCRIMINATION: During the performance of this contract, the contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race or color;

religion; national origin or ancestry, physical disability; mental disability or medical condition;

marital status; sex or sexual orientation; age, with respect to persons over the age of 40; and http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html

A - 4 pregnancy, childbirth, or related medical conditions; nor shall they discriminate unlawfully against any employee or applicant for employment because of race or color; religion; national origin or ancestry, physical disability; mental disability or medical condition; marital status; sex or sexual orientation; age, with respect to persons over the age of 40; and pregnancy, childbirth, or related medical conditions. Contractor shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

PROJECT ADMINISTRATION: All questions relative to this project prior to the opening of bids, shall be submitted through PlanetBids. All project correspondence will be posted on the PlanetBids website. Please see section titled PRE-BID QUESTIONS above. The bidder shall not rely upon any representations made by City representatives in preparing its bid, but rather, rely solely upon the written Contract Documents and any contract addenda issued prior to bid opening.

Please also see INFORMATION AND INSTRUCTIONS FOR BIDDERS in bid documents for additional bid information and requirements.

City of Encinitas

BY: DATE:

Daniel S. Nutter, P.E.

Director of Engineering / City Engineer

END OF NOTICE INVITING BIDS

B - 1

LA COSTA AVE PEDESTRIAN PATH

CS24C

INFORMATION AND INSTRUCTIONS FOR BIDDERS

OBTAINING CONTRACT DOCUMENTS: The website for this advertisement and related documents is: PlanetBids (http://www.encinitasca.gov/bids). All bid documents and project correspondence will be posted on the PlanetBids website. It is the responsibility of Proposed Bidders to check the website regularly for information updates and Bid Clarifications, as well as any addenda. In compliance with California Contract Code, Section 20103.7 electronic copies will be made available to contractor plan series bid boards upon their request. A bidder must register as a vendor (planholder) and download the contract documents from the City of Encinitas Website at http://www.encinitasca.gov/bids. To register as a vendor, go to the following link (http://www.encinitasca.gov/bids) and then proceed to the “Register As A Vendor” link. The City makes no representation regarding the accuracy of Contract Documents received from third party plan rooms and Contractor accepts bid documents from third parties at its own risk.

Contractors shall be responsible for obtaining all addendums for the project and signing and submitting all addendums with their bid. Any contractor that does not acknowledge receipt of all addendums by signing and submitting all addendums with their bid shall be deemed a non-responsive bidder and their bid will be rejected.

CONTRACT DOCUMENTS: The Contract Documents shall be considered to include this entire Contract Documents, Specifications and Standard Drawings bid book including: Notice Inviting Bids, Information and Instruction to Bidders, Bid Forms, Contract Form, Performance Bond, Payment Bond, Worker’s Compensation Insurance Certificate, Guaranty, General Specifications, Special Provisions, and Technical Provisions. The Contract Documents also include Addenda, Project Plans, Standard Specifications, Standard Plans, incorporated Specifications, Reference Documents, Certificate(s) of Insurances and Endorsements, Permits, Environmental Documents, and Right of Way Documents.

EXAMINATION OF CONTRACT DOCUMENTS: City has made copies of the Contract Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, means of safe egress and access, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance and insurance endorsements, and other factors that could affect the Work.

Bidders are responsible for consulting the standards, permit conditions, reports, utility plans and any other documents referenced in these Contract Documents. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

Contractor shall also be responsible for accurately filling out the Project Qualification Questionnaire.

INTERPRETATION OF CONTRACT DOCUMENTS: Bidder is required to review all plans and specifications prior to the submission of the bid, and report in writing any errors and omissions http://www.encinitasca.gov/bids

B - 2 discovered by Bidder to the City. Pursuant to Public Contract Code 1104, the review by bidder shall be confined to the Bidder’s capacity as a contractor, and not as a licensed design professional. Discrepancies in, errors and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of City by submission of a bidder inquiry through PlanetBids. All project correspondence will be posted on the PlanetBids website. The City will answer questions and information requests on this project up to Noon on July 21, 2026, After Noon on July 21, 2026 no more questions or information requests will be answered.

The City is not obligated to respond to a request for interpretation or correction of the documents.

Any pre-bid changes to the Contract Documents shall be made only by written addenda duly issued or otherwise delivered to each person or firm who has obtained a set of Contract Documents and registered as a Project plan holder. City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder may rely on any such oral interpretation.

Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

INSPECTION OF SITE: Before submitting a proposal, the Bidder shall carefully examine the drawings, specifications, and other Contract Documents, and Bidder shall visit the site of the work.

The Contractor shall be required to inspect the project site prior to submitting a bid (in order to examine the existing conditions such as existing survey monument covers, manhole covers, drainage inlets, utility vaults, vegetation, etc., adjoining the project site).

This project is located on the south parkway of La Costa Avenue between Vulcan Avenue and Interstate 5. Any portion of the project that is not described in complete detail in the specifications, but can be clarified by the site inspection, shall not be considered unforeseen conditions and no additional compensation will be made thereto for extra work. It is the Contractor’s responsibility to inspect the site and include any costs in the Bid Proposal for work that is not called out in complete detail in the specifications prior to submitting a bid.

The submission of a proposal shall establish that the Bidder is familiar with existing site conditions and that Bidder has a clear understanding of the requirements of the contract regarding site ingress and egress, the furnishing of materials and performance of work. The homes along the project corridor shall have their ingress/egress maintained for the duration of the project.

It is the contractor’s responsibility to ensure that adequate pedestrian and vehicular access to each property is provided. The costs to ensure access is provided is considered included in the bid prices for the contract items and no additional compensation shall be allowed.

Where the bidder feels that additional field data are either necessary or desirable, it shall be the Bidder’s responsibility to make all examination and field studies necessary for his own determination of the character of materials that will be encountered in any required work, including excavation and embankment construction operations and to fully determine all cost factors related thereto which shall be included in his bid price for the work. Such additional field data required by the Bidder shall be undertaken at the bidder’s expense. Any portion of the project that is not described in complete detail in the specifications, but can be clarified by the site inspection, shall not be considered unforeseen conditions and no additional compensation will be made thereto for extra work. It is the Contractor’s responsibility to inspect the site and include any costs in the

B - 3

Bid Proposal for work that is not called out in complete detail in the specifications prior to submitting a bid.

Before construction starts, the contractor shall video all preconstruction conditions in the entire project area and provide a copy of the video to the City prior to issuance of traffic control/ encroachment permit. Payment for video shall be included in the various bid items of work and no additional compensation will be made therefor.

The submittal of a bid will establish that in compliance herewith, the Bidder is accurately and fully informed of all geologic and soils conditions that will influence the cost of performing the work and that all such factors were carefully considered by Bidder, prior to making the bid.

ADDENDA: City reserves the right to revise the Contract Documents prior to the bid opening date. Revisions, if any, shall be made by Addenda posted on PlanetBids. All Addenda issued by City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code 4104.5, in the event the City issues a material change, addition, or deletion to the bid documents later than 72 hours prior to the bid closing, the date and time for closing of the submission of bids by the prime contractor shall be extended by no less than 72 hours. A “material change” means a change with a substantial cost impact on the total as determined by the awarding agency. City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.

Please Note: Bidders are responsible for ensuring that they have received any and all Addenda.

All contract addendums will also be posted on the City’s PlanetBids website (http://www.encinitasca.gov/bids). Contractor shall check the website prior to bid to confirm that all addenda have been received and considered as part of the bid.

COMPLETION OF BID FORMS AND PROJECT QUESTIONNAIRE: Bids shall only be prepared using copies of the Bid and questionnaire Forms which are included in the Contract Documents.

The use of substitute bid or questionnaire forms other than clear and correct photocopies of those provided by City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Any change or substitution in the scope of work, quantities, materials or specifications will result in disqualification of the bid. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the bid form or failure to complete all sections of each required bid form may result in the bid being deemed non-responsive.

The bidder shall set forth for each item of work, a unit price in clearly legible words and figures, and a total for the item in the respective spaces provided for this purpose. In the case of unit price items, the amount set forth under the "Total" column shall be the extension of the unit price bid on the basis of the City Engineer's estimated quantity for the item.

In case of discrepancy between the unit price and the total set forth for the item, the written unit price shall prevail, provided, however, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case where the unit price is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following:

B - 4

a) As to lump sum items, the amount set forth in the "Total" column shall be the unit price.

b) As to unit price items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

Any error in the addition of the amounts constituting the items of the Bid Schedule will be corrected, and such corrected total shall be used to determine the successful bidder. All prices or sums shall include all sales and other taxes which may be applicable.

FIFTY PERCENT “OWN FORCES” REQUIREMENT: Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive.

MODIFICATIONS OF BIDS: Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

DESIGNATION OF SUBCONTRACTORS: The bidder must comply with all requirements of the Subletting and Subcontracting statutes, Public Contract Code section 4100, et seq. and complete the required subcontractor listing form at the time of submitting the Proposal. If no subcontractors are to be designated, enter the word "NONE." The attention of the bidder is directed to the provision of the Specifications which requires the Contractor to perform with his own forces contracting work amounting to a specified percentage of the total contract price.

LICENSING REQUIREMENTS: Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract, in this case a valid Class A State of California Contractor’s License in good standing. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5, et. seq. of the Business and Professions Code, City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be non-responsive, and City shall reject the Bid. City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

SIGNING OF BIDS: All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid;

and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of

B - 5 the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

BID GUARANTEE (BID BOND): Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to City; (c) a cashier’s check made payable to City; or (d) a bid bond payable to City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. These shall be submitted either via PlanetBids or received by the City at the address below. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be a California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to City and City may award the Contract to the next lowest responsible bidder or may call for new bids.

If bid security is delivered or mailed, the address is as follows:

Peter Weichers

City Clerk

505 S. Vulcan Avenue Encinitas, California 92024

The sealed bid security envelope shall be marked as follows:

Bid Security, Do Not Open Until Bid Opening

LA COSTA AVE PEDESTRIAN PATH

SUBMISSION OF SEALED BIDS: Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be submitted along with the Bid Guarantee and other required materials via PlanetBids (http://www.encinitasca.gov/bids) at the date and time set forth in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via the Internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by City as provided herein.

DELIVERY AND OPENING OF BIDS: Bids will be received by City on PlanetBids up to the date and time shown on the Notice Inviting Bids. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated. City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted directly to the City Clerk of the City of Encinitas earlier than the dates(s) and time(s) indicated.

Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be posted electronically, read aloud and recorded. City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the

B - 6 written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.

No proposal shall be considered binding upon the City until the execution of the contract.

WITHDRAWAL OF BID: Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative.

RESPONSIVE AND RESPONSIBLE BIDDER FOR THIS PROJECT IS REQUIRED: Pursuant to Public Contract Code Section 1103, a “Responsible Bidder”, means a bidder who has demonstrated the attributes of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform this public works contract.

BASIS OF AWARD; BASE BID: The City shall award the Contract to the lowest responsive and responsible Bidder submitting a Bid, considering the Base Bid only. City may reject any Bid which, in its opinion when compared to other bids received or to City’s internal estimates, does not accurately reflect the cost to perform the Work. City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items. The City reserves the right to reject all bids.

Bids are required for the bid schedules shown for the Base Bid. The basis of award shall be the lowest bid price for the Base Bid.

RESPONSIBLE BIDDER: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the competency and responsibility of the bidder for the performance of the work covered by the proposal. The City may reject any bid which, in the opinion of the City, is submitted by a Contractor who cannot demonstrate the attributes of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform this public works contract. When evaluating the competency and responsibility of the lowest bidder, consideration will be given to the following nonexclusive matters:

a) The past similar comparable projects shall demonstrate a high quality of workmanship and competence including the ability and willingness to meet the requirements of the contract specifications.

b) The Contractor must demonstrate a history of successfully completing similar comparable projects on time and with a minimum of Contractor initiated delays.

c) The Contractor must demonstrate a record of submitting reasonable Contractor initiated change orders, reasonable Contract requests and reasonable claims, where applicable.

d) The Contractor's history of past litigation, or license revocation or suspension will be reviewed.

e) The record of stop notices filed against the Contractor will be reviewed, including the relationship with subcontractors.

f) Recommendations from the Owners of previous projects should reflect a good working relationship with the Owner, regulatory agencies and other contractors.

B - 7

Based upon such information as is available, the City may reject any bidder which it determines is not qualified, responsible and/or competent to perform the work and manage this project to the highest standards or care in the local public works community for the type of work to be performed.

To this end, each proposal shall be supported by a statement of the bidder's experience as of recent date on the form entitled "Project Qualification Questionnaire," contained herein.

DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID: No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to City. No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.

INSURANCE REQUIREMENTS: Prior to submitting its bid, the successful bidder shall procure and provide evidence of all bonds, insurance and endorsements in the form and in the amount specified in the Contract Documents. If any work is required within NCTD ROW, the contractor will be required to obtain a permit from NCTD and may be required by NCTD to obtain additional insurance.

WORKERS COMPENSATION: Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.

AWARD PROCESS: Once all Bids are opened and reviewed to determine the lowest qualified, competent, responsive and responsible Bidder, City may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond;

(2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply City with all the required documents and certifications. Bidders are required to hold and honor their bid prices for ninety (90) days after bid opening while the City evaluates all submitted bids. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin from the date of commencement set forth in the Notice to Proceed.

FILING OF BID PROTESTS: Bid protests must be received by the Clerk of the City of Encinitas no later than 4:00 p.m. on the fifth (5th) consecutive City working day following the Notice of Intent to Award. The bid protest shall be in writing and timely delivered to the Clerk, with accompanying documentation, including a complete statement for the basis of the protest and legal authority in support. The party filing the protest shall concurrently transmit a copy of the protest and documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

The City shall review and respond in writing to such protest within 5 consecutive City working days thereafter. The written determination of the City shall be final, with no further internal rights of appeal. The procedure and time limits set forth in this paragraph are mandatory and are the Bidder's sole and exclusive remedy in the event of Bid protest. Failure to comply with these

B - 8 procedures shall constitute a waiver of any right to further pursue the Bid protest or bring a writ or other legal proceeding against the City.

SUBSTITUTION OF SECURITY: The Contract Documents call for monthly progress payments based upon the percentage of the work completed. City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

PREVAILING WAGE AND ENFORCEMENT COMPLIANCE: This is a prevailing wage project and prevailing wage rates for this locality and project as determined by the director of industrial relations apply, pursuant to labor code section 1770, et. Seq. A copy of the prevailing wage rates shall be posted on the job site by the contractor. A schedule of prevailing wage rates is available for review at the City’s offices or may be found on the internet at http://www.dir.ca.gov/Public- Works/Prevailing-Wage.html. The Wage Determination for this project is CA 2026-1. The successful bidder shall be required to pay at least the wage rates set forth in that schedule.

Certified Payroll records shall be maintained by the contractor and copies of the certified payroll shall be electronically sent to the Department of Industrial Relations and be delivered to the City at the end of each month during the entire duration of the project.

The rate of compensation for any classification not listed in the schedule, but which may be required to execute the proposed contract, shall be commensurate and in accord with the rates specified to similar or comparable classifications or for those performing similar or comparable duties.

The Contractor shall be required to pay wages not less often than once a week. Not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work shall be paid by the Contractor and Subcontractors to all laborers and mechanics employed on the project. Pursuant to Division 2, Part 7, Chapter 7, Article 2 of the Labor Code of the State of California or local laws thereto applicable, the City of Encinitas has obtained the general prevailing rates for legal holiday and overtime work in the locality in which this type of work is to be performed for each craft, classification, or type of worker needed to execute contracts for public works.

The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The prime contractor shall be responsible for ensuring compliance with all applicable provisions of the Labor Code, including, but not limited to, section 1777.5. Subject to exceptions as set forth in Labor Code section 1771.1, 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 by statute, unless it is currently registered and qualified to perform public work pursuant to Labor Code Section

1725.5. Contractor shall also comply with sections 4100 et seq. of the Public Contracts Code ("Subletting and Subcontracting Fair Practices Act) in all respects. The City is the "duly authorized officer" for the purposes of sections 4107 and 4107.5.

The City may not accept a bid nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform public work pursuant to Section

1725.5. For more information, go to http://www.dir.ca.gov/Public-Works/Certified-Payroll- Reporting.html http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html

B - 9

DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section…