CITY OF CARLSBAD

San Diego County California

CONTRACT DOCUMENTS,

GENERAL PROVISIONS, SUPPLEMENTAL

PROVISIONS, AND TECHNICAL

SPECIFICATIONS

FOR

VILLAGE PEDESTRIAN LIGHTING

CONTRACT NO. 4016

PWS27-4173TRAN

Revised 6/12/18 Contract No. 4016 Page 2

TABLE OF CONTENTS

Item Page

Notice Inviting Bids

Contractor's Proposal

Bid Security Form

Bidder’s Bond To Accompany Proposal

Guide for Completing the “Designation of Subcontractors” Form

Designation of Subcontractor and Amount of Subcontractor’s Bid Items

Bidder's Statement of Technical Ability and Experience

Bidder's Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation

Bidder’s Statement of Re Debarment

Bidder's Disclosure of Discipline Record

Non collusion Declaration to Be Executed By Bidder and Submitted With Bid

Contract Public Works

Labor and Materials Bond

Faithful Performance/Warranty Bond

Optional Escrow Agreement for Surety Deposits In Lieu of Retention

Revised 6/12/18 Contract No. 4016 Page 3

GENERAL PROVISIONS

Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 1-2 Definitions 1-3 Abbreviations 1-4 Units of Measure 1-5 Symbols

Section 2 Scope and Control of the Work 2-1 Award and Execution of Contract 2-2 Assignment 2-3 Subcontracts 2-4 Contract Bonds 2-5 Plans and Specifications 2-6 Work to be Done 2-7 Subsurface Data 2-8 Right-of-Way 2-9 Surveying 2-10 Authority of Board and Engineer 2-11 Inspection

Section 3 Changes In Work 3-1 Changes Requested by the Contractor 3-2 Changes Initiated by the Agency 3-3 Extra Work 3-4 Changed Conditions 3-5 Disputed Work

Section 4 Control of Materials 4-1 Materials and Workmanship 4-2 Materials Transportation, Handling and Storage

Section 5 Utilities 5-1 Location 5-2 Protection 5-3 Removal 5-4 Relocation 5-5 Delays 5-6 Cooperation

Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 6-2 Prosecution of Work 6-3 Suspension of Work 6-4 Default by Contractor 6-5 Termination of Contract 6-6 Delays and Extensions of Time 6-7 Time of Completion 6-8 Completion, Acceptance, and Warranty 6-9 Liquidated Damages

Revised 6/12/18 Contract No. 4016 Page 4

6-10 Use of Improvement During Construction

Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities 7-2 Labor 7-3 Liability Insurance 7-4 Workers' Compensation Insurance 7-5 Permits 7-6 The Contractor’s Representative 7-7 Cooperation and Collateral Work 7-8 Project Site Maintenance 7-9 Protection and Restoration of Existing Improvements 7-10 Public Convenience and Safety 7-11 Patent Fees or Royalties 7-12 Advertising 7-13 Laws To Be Observed 7-14 Antitrust Claims

Section 8 Facilities for Agency Personnel

Section 9 Measurement and Payment 9-1 Measurement of Quantities For Unit Price Work 9-2 Lump Sum Work 9-3 Payment 9-4 Bid Items

SUPPLEMENTAL PROVISIONS TO PARTS 2, 3, 4 AND 6 OF THE SSPWC

Part 2 Construction Materials

Section 200 Rock Materials 200-2 Untreated Base Materials

Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete 201-3 Expansion Joint Filler and Joint Sealant

Section 203 Bituminous Materials 203-1 Paving Asphalt 203-6 Asphalt Concrete

Section 213 Engineering Fabrics 213-6 Erosion Control Specialties

Section 214 Pavement Markers 214-6 Pavement Markers 214-8 Permanent Reflective Channelizers

Revised 6/12/18 Contract No. 4016 Page 5

PART 3 Construction Methods

Section 300 Earthwork 300-1 Clearing and Grubbing

Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation

Section 303 Concrete and Masonry Construction.

303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways

Section 306 Underground Conduit Construction 306-3 Trench Excavation 306-12 Backfill Trench 306-13 Trench Resurfacing 306-15 Payment

Section 308 Microtunneling 308-6 Subsurface Conditions

Section 314 Traffic Striping, Curb and Pavement Markings, and Pavement Markers 314-2 Removal of Traffic Striping and Curb and Pavement Markings 314-5 Pavement Markers

PART 4 Existing Improvements

Section 400 Protection and Restoration 400-2 Permanent Survey Markers

Section 401 Removal 401-2 Asphalt Concrete Pavement 401-3 Concrete and Masonry Improvements

Section 402 Utilities 402-1 Location 402-2 Protection 402-4 Relocation 402-5 Delays Due to Utility Conflicts 402-6 Cooperation

PART 7 Street Lighting and Traffic Signal Systems Section 700 Materials

APPENDICES

Appendix A – Resident/Business Notification Example Appendix B – CARB Fleet Compliance Certification Appendix C – Temporary Staging Map Appendix D – SDRSD E-01 and E-02

Revised 6/12/18 Contract No. 4016 Page 6

CITY OF CARLSBAD, CALIFORNIA

NOTICE INVITING BIDS

Until 11 a.m. on November 5, 2026, the City shall accept sealed bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids which may be accessed at https://www.carlsabdca.gov/depts/finance/contracting/bids.asp for performing the work as follows: furnishing and installing street lights, conduit, electrical equipment and asphalt concrete and Portland Cement Concrete (P.C.C) surface improvements, throughout the Carlsbad Village as shown in the Construction Documents.

BID NO. PWS27-4173TRAN

ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic format (eBids) EXCLUSIVELY at the City of Carlsbad’s electronic bidding (eBidding) site, at: https://www.carlsbadca.gov/services/depts/finance/contracting/default.asp and are due by the date and time shown on the cover of this solicitation.

BIDDERS MUST BE PRE-REGISTERED with the City’s bidding system and possess a system-assigned Digital ID in order to submit an electronic bid.

The City’s electronic bidding (eBidding) system will automatically track information submitted to the site including IP addresses, browsers being used and the URLs from which information was submitted. In addition, the City’s bidding system will keep a history of every login instance including the time of login, and other information about the user's computer configuration such as the operating system, browser type, version, and more. Because of these security features, Bidders who disable their browsers’ cookies will not be able to log in and use the City’s bidding system.

The City’s electronic bidding system is responsible for bid tabulations. Upon the bidder’s or proposer’s entry of their bid, the system will ensure that all required fields are entered. The system will not accept a bid for which any required information is missing. This includes all necessary pricing, subcontractor listing(s) and any other essential documentation and supporting materials and forms requested or contained in these solicitation documents.

BIDS REMAIN SEALED UNTIL DUE DATE AND TIME

eBids are transmitted into the City’s bidding system via hypertext transfer protocol secure (https) mechanism using SSL 128-256-bit security certificates issued from Verisign/Thawte which encrypts data being transferred from client to server. Bids submitted prior to the Due Date and Time are not available for review by anyone other than the submitter, who will have until the Due Date and Time to change, rescind or retrieve its bid should they desire to do so.

BIDS MUST BE SUBMITTED BY DUE DATE AND TIME

Once the deadline is reached, no further submissions are accepted into the system. Once the Due Date and Time has passed, bidders, proposers, the general public, and City staff are able to immediately see the results online. City staff may then begin reviewing the submissions for responsiveness, compliance and other issues.

https://www.carlsabdca.gov/depts/finance/contracting/bids.asp https://www.carlsbadca.gov/services/depts/finance/contracting/default.asp

Revised 6/12/18 Contract No. 4016 Page 7

RECAPITULATION OF THE WORK

Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non-responsive. Alternative proposals will not be considered unless called for.

BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after, the time set as Due Date and Time.

Important Note: Submission of the electronic bid into the system may not be instantaneous. Due to the speed and capabilities of the user’s internet service provider (ISP), bandwidth, computer hardware and other variables, it may take time for the bidder’s submission to upload and be received by the City’s eBidding system. It is the bidder’s sole responsibility to ensure their bids are received on time by the City’s eBidding system. The City of Carlsbad is not responsible for bids that do not arrive by the Due Date and Time.

ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT

The Bidder, by submitting their electronic proposal, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this proposal are true and correct. The bidder, by submitting its electronic bid, acknowledges that doing so carries the same force and full legal effect as a paper submission with a longhand (wet) signature. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined and understands the entire Contract Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its bid proposal, the bidder acknowledges, agrees to and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents.

BIDS ARE PUBLIC RECORDS

Upon receipt by the City, bids shall become public records subject to public disclosure. It is the responsibility of the Bidder to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained within the proposal’s General references to sections of the California Public Records Act (PRA) will not suffice. If the Bidder does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Bidder agrees to hold the City harmless for any such release of this information.

This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder.

INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS

This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder.

No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law.

The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded.

Revised 6/12/18 Contract No. 4016 Page 8

Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract.

The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder.

The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file in the City Clerk’s Office. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated “SSPWC”, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply.

The City of Carlsbad encourages the participation of minority and women-owned businesses.

The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.

BID DOCUMENTS

The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated.

1. Contractor's Proposal

2. Bidder's Bond (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond

(Original) within two (2) business days of bid Opening / three (3) Apparent Low Bidders

3. Noncollusion Declaration

4. Designation of Subcontractor and Amount of Subcontractor’s Bid

5. Bidder's Statement of Technical Ability and Experience

6. Acknowledgement of Addendum(a)

7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract.

8. Bidder’s Statement Re Debarment

9. Bidder's Disclosure of Discipline Record

10. CARB Fleet Compliance Certification (Appendix B)

11. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)

BIDDER’S GUARANTEE OF GOOD FAITH (BID SECURITY)

At the time of bid submission, bidders must upload and submit an electronic PDF copy of the aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be

Revised 6/12/18 Contract No. 4016 Page 9 uploaded to the City’s eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide the City with the original bid security.

Failure to submit the electronic version of the bid security at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Only the three (3) apparent low bidders are required to submit original bid security to the city within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deem the bidder non-responsive.

ENGINEER’S ESTIMATE

All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $1,351,130.

TIME OF COMPLETION

The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7.

SPECIALTY CONTRACTORS:

ACCEPTABLE LICENSE TYPES

Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A:

General Engineering and/or C-10 – Electrical.

ESCROW AGREEMENT

If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date.

OBTAINING PLANS AND SPECIFICATIONS

Set of plans, various supplemental provisions and Contract Documents may be obtained on the City of Carlsbad website at www.carlsbadca.gov. Paper copies will not be sold.

BIDDER’S INQUIRIES

Questions on the bid documents during the bid period shall be submitted in writing, via the eBidding website.

Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specifications sheets.

The cutoff date to submit questions is October 23, 2026, by 5 p.m. No questions will be entertained after that date.

The answers to questions submitted during the bidding period will be published in an addendum and provide to those bidding on the project no later than October 29, 2026.

http://www.carlsbadca.gov/

Revised 6/12/18 Contract No. 4016 Page 10

INTENT OF PLANS AND SPECIFICATIONS

Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents.

No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified.

REJECTION OF BIDS

The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids.

PREVAILING WAGE TO BE PAID

The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract.

The Prime Contractor shall be responsible for insuring compliance with provisions of section

1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City’s "duly authorized officer" for the purposes of section 4107 and 4107.5.

The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work.

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, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776.

CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS

REGULATIONS

Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please see Appendix D and visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.

https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets

Revised 6/12/18 Contract No. 4016 Page 11

PRE-BID MEETING

A pre-bid meeting and tour of the project site will not be held.

UNIT PRICES AND COMPUTATION OF BIDS

All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder.

ADDENDA

Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.

BOND AND INSURANCE REQUIREMENTS

The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents:

1. An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.

2. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.

If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements.

Insurance is to be placed with insurers that:

1. Have a rating in the most recent Best's Key Rating Guide of at least A-VII

2. Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.

Auto policies offered to meet the specification of this contract must:

1. Meet the conditions stated above for all insurance companies.

2. Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.

Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance.

The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price.

Revised 6/12/18 Contract No. 4016 Page 12

October 1, 2026

The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.

BUSINESS LICENSE

The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract.

Date Graham Jordan, Deputy Clerk

Revised 6/12/18 Contract No. 4016 Page 13

CONTRACTOR'S PROPOSAL

City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008

The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4016 within the time specified in 6-7 Time of Completion and in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit:

BID SCHEDULE

Item No. Description

Approximate Quantity and Unit

Unit Price (Figures)

Total Amount

(Figures)

1 Mobilization and Demobilization

(including Staging Area)

1 LS $________ $________

2 Traffic Control 1 LS $________ $________

3 Utility Potholing 200 EA $________ $________

4 Clearing and Grubbing (Site Demolition and Repair)

5 Best Management Practices, SWPPP/WPCP and NPDES Requirements

6 Furnish and Install 2" PVC Conduit with

Mule Tape

5,480 LF $________ $________

7 Furnish and Install Power Conductors, Ground, and Splicing

5,980 LF $________ $________

8 Furnish and Install #5 Pull Box 8 EA $________ $________

Revised 6/12/18 Contract No. 4016 Page 14

Item No. Description

Approximate Quantity and Unit

Unit Price (Figures)

Total Amount

(Figures)

9 Furnish and Install Pedestrian Light

Assembly Complete

40 EA $________ $________

10 Construct Foundation and Install City

Furnished Pedestrian Light Assembly Complete

7 EA $________ $________

11 Furnish and Install Span Wire, Power

Cable, and Hardware

800 LF $________ $________

12 Furnish and Install 2P-30A Circuit

Breaker

2 EA $________ $________

13 Furnish and Install Commercial Grade

LED Twinkle Lights Complete

14 EA $________ $________

14 Furnish and Install Single Gang Junction

Box Assembly Complete

14 EA $________ $________

15 Furnish and Install Streetlight Tap

Adapter Assembly Complete

2 EA $________ $________

Total amount of bid (in figures) for Schedule: $

Total amount of bid (in words) for Schedule:

Price(s) given above are firm for 90 days after date of bid opening.

Addendum(a) No(s). ____________________ has/have been received and is/are included in this proposal.

The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid.

The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.

The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number _________________________, classification ________________ which expires on _______________________, and Department of Industrial Relations PWC registration

Revised 6/12/18 Contract No. 4016 Page 15 number ________________________ which expires on _______________________, and that this statement is true and correct and has the legal effect of an affidavit.

A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed.

The Undersigned bidder hereby represents as follows:

1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and

2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud.

Accompanying this proposal is ______________________________(Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid.

The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete.

The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.

Revised 6/12/18 Contract No. 4016 Page 16

IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:

(1) Name under which business is conducted

(2) Signature (given and surname) of proprietor

(3) Place of Business (Street and Number)

City and State

(4) Zip Code Telephone No.

(5) E-Mail

IF A PARTNERSHIP, SIGN HERE:

(1) Name under which business is conducted

(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)

(3) Place of Business (Street and Number)

City and State

(4) Zip Code Telephone No.

(5) E-Mail

Revised 6/12/18 Contract No. 4016 Page 17

IF A CORPORATION, SIGN HERE:

(1) Name under which business is conducted

(2) (Signature)

(Title)

Impress Corporate Seal here

(3) Incorporated under the laws of the State of

(4) Place of Business (Street and Number)

City and State

(5) Zip Code Telephone No.

(6) E-Mail

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE

ATTACHED

List below names of president, vice president, secretary and assistant secretary, if a corporation;

if a partnership, list names of all general partners, and managing partners:

Revised 6/12/18 Contract No. 4016 Page 18

BID SECURITY FORM

(Check to Accompany Bid)

(NOTE: The following form shall be used if check accompanies bid.)

Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF

CARLSBAD, in the sum of _______________________________________________________

___________________________________________________ dollars ($________________), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder.

BIDDER

*Delete the inapplicable word.

(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)

Revised 6/12/18 Contract No. 4016 Page 19

BIDDER'S BOND TO ACCOMPANY PROPOSAL

KNOW ALL PERSONS BY THESE PRESENTS:

That we, ________________________________________________________, as Principal, and _____________________________________________, as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) ______________________________ for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for:

in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City.

In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond.

SIGNED AND SEALED, this ____________ day of ___________________________, 20_____

________________________________(SEAL) _____________________________(SEAL)

(Principal) (Surety)

By: __________________________________ By: ________________________________

(Signature) (Signature)

(Print Name/Title) (Print Name/Title)

(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT

CERTIFICATE)

APPROVED AS TO FORM:

CINDIE K. McMAHON City Attorney

By: _________________________________ Assistant City Attorney

Revised 6/12/18 Contract No. 4016 Page 20

GUIDE FOR COMPLETING

THE “DESIGNATION OF SUBCONTRACTORS” FORM

REFERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions.

CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder.

INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.

The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid.

Failure to provide complete and correct information may result in rejection of the bid as non-responsive.

Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item.

When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space.

When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form.

The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.

Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final.

Revised 6/12/18 Contract No. 4016 Page 21

Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7.

Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.

Revised 6/12/18 Contract No. 4016 Page 22

DESIGNATION OF SUBCONTRACTOR AND

AMOUNT OF SUBCONTRACTOR'S BID ITEMS

(To Accompany Proposal)

The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.

SUBCONTRACTOR’S BID ITEMS

Portion of Work

Subcontractor Name and

Location of Business

Phone No.

and Email Address

DIR

Registration

No.

Subcontractor’s License No. and

Classification

Amount of Work by

Subcontract or in Dollars*

Page _____ of _____ pages of this Subcontractor Designation form

* Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”

Revised 6/12/18 Contract No. 4016 Page 23

BIDDER'S STATEMENT OF

TECHNICAL ABILITY AND EXPERIENCE

The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used.

Date Contract

Completed

Name and Address of the Employer

Name and Phone No. of Person to

Contract Type of Work

Amount of

Contract

Revised 6/12/18 Contract No. 4016 Page 24

BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL

LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY

AND WORKERS’ COMPENSATION

As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page.

1) Certificates of insurance showing conformance with the requirements herein for each of:

Comprehensive General Liability

Automobile Liability

Workers Compensation

Employer’s Liability

2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein.

All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must:

1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes.

2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.

Revised 6/12/18 Contract No. 4016 Page 25

BIDDER'S STATEMENT RE DEBARMENT

1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?

yes no

2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.

party debarred agency period of debarment party debarred agency period of debarment

BY CONTRACTOR:

(name of Contractor)

By:

(sign here)

(print name/title)

Page _____ of _____ pages of this Re Debarment form

Revised 6/12/18 Contract No. 4016 Page 26

BIDDER'S DISCLOSURE OF DISCIPLINE RECORD

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

1) Have you ever had your contractor’s license suspended or revoked by the California

Contractors’ State License Board two or more times within an eight year period?

yes no

2) Has the suspension or revocation of your contractor’s license ever been stayed?

yes no

3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State License Board two or more times within an eight year period?

yes no

4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed?

yes no

5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertains to, describe the nature of the violation and the disciplinary action taken therefore.

(If needed attach additional sheets to provide full disclosure.)

Page _____ of _____ pages of this Disclosure of Discipline form

Revised 6/12/18 Contract No. 4016 Page 27

BIDDER'S DISCLOSURE OF DISCIPLINE RECORD

(CONTINUED)

1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.

(If needed attach additional sheets to provide full disclosure.)

BY CONTRACTOR:

(print name/title)

Page _____ of _____ pages of this Disclosure of Discipline form

Revised 6/12/18 Contract No. 4016 Page 28

NON-COLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID

PUBLIC CONTRACT CODE SECTION 7106

The undersigned declares:

I am the ____________ of ______________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________________, 20____ at _________ [city], ________ [state].

Signature of Bidder

Revised 6/12/18 Contract No. 4016 Page 29

CONTRACT

PUBLIC WORKS

This agreement is made this ____________ day of ________________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and ________________________________________________ whose principal place of business is ____________________________________________________________ (hereinafter called "Contractor").

City and Contractor agree as follows:

1. Description of Work. Contractor shall perform all work specified in the Contract documents for:

(hereinafter called "project")

2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents.

3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder’s Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference.

Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance.

4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203.

5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground

Revised 6/12/18 Contract No. 4016 Page 30 conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that…