CCV Job Order Contract_FINAL_contract.pdf

Q:\_Resources\Job Order Contracts (JOC)\CCV_JOC\2026-0902 Advertise\CCV JOC_final.docx Rev. 9/3/2026

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File No. 0735-10-GENERAL SURFACE IMPROVEMENTS

Contract Documents for:

JOB ORDER CONTRACT (JOC)

GENERAL SURFACE IMPROVEMENTS

THIS IS A PREVAILING WAGE AND PROJECT LABOR

AGREEMENT PROJECT

UNDER

VARIOUS FUNDING SOURCES

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TABLE OF CONTENTS

NOTICE TO CONTRACTORS

BID PROPOSAL REQUIREMENTS AND CONDITIONS

1. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK7

2. BID PROPOSAL FORMS

3. BID REVIEW AND RESULTS

4. REJECTION OF BIDS CONTAINING ALTERATIONS, ERASURES, OR IRREGULARITIES

5. CONTRACTOR AND SUBCONTRACTOR LICENSING REQUIREMENTS

6. DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION REQUIREMENTS

7. PREVAILING RATES OF WAGES

8. PAYROLL RECORDS

9. EMPLOYMENT OF APPRENTICES

10. BIDDER'S GUARANTY

11. AWARD AND EXECUTION OF CONTRACT OR REJECTION OF BIDS

12. SUBCONTRACTING

13. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS

14. LABOR NONDISCRIMINATION

15. REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCE

16. LABOR COMPLIANCE/JOB SITE POSTERS

17. PIGGYBACK PROCUREMENT

18. INDEMNIFICATION FOR BID DEFECTS OR ERRORS

19. ACCESSIBILITY AND AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE

20. BIDS ARE PUBLIC RECORDS

21. BID PRICE SUBMITTAL

22. ONLY ONE BID PER CONTRACTOR SHALL BE ACCEPTED

23. CITY STANDARD PROVISIONS

24. JOC CONTRACT TERM AND VALUE

25. TASK ORDERS

26. TASK ORDER PROPOSALS

27. TASK ORDER MODIFICATIONS

28. COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

SAMPLE LETTER AUTHORIZING CAPACITY FOR SIGNING OFFICIAL DOCUMENTS

LIST OF CONTRACTORS

AFFIDAVIT TO ACCOMPANY BID PROPOSAL

BIDDER'S BOND TO ACCOMPANY BID PROPOSAL

CITY OF CHULA VISTA DISCLOSURE STATEMENT

PROJECT LABOR AGREEMENT

BID SUBMITTAL CHECKLIST

BOND FOR FAITHFUL PERFORMANCE

BOND FOR MATERIAL AND LABOR

CONTRACT

NON-COLLUSION AFFIDAVIT

WORKERS' COMPENSATION INSURANCE DECLARATION

Attachments

Attachment A: City of Chula Vista Unit Price Book Attachment B: Project Labor Agreement (PLA) Attachment C: Special Provisions - Technical

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CITY OF CHULA VISTA

STATE OF CALIFORNIA

NOTICE TO CONTRACTORS

PUBLIC NOTICE IS HERBY GIVEN THAT ELECTRONIC BIDS will be received by the City of

Chula Vista (“City”) through vendor PlanetBids until 2:00 p.m. on Wednesday, September 30, 2026 at which time they will be publicly opened through PlanetBids for performing work as follows:

(the “Project”). The City of Chula Vista PlanetBids link for downloading the Project bid and contract documents and uploading bid documents is:

www.planetbids.com/portal/portal.cfm?CompanyID=15381.

Complete bid and contract document sets will be available electronically and at no cost only at chulavistaca.gov, where a link to PlanetBids.com is provided. It shall be the responsibility of the prospective bidders (“Bidders”) to download and print the bid and contract documents for review and bid submittal. Bidders shall only use the electronic bid (eBid) schedule provided on PlanetBids and shall also check PlanetBids for any issued addenda prior to bidding.

Bidders shall be solely responsible to ensure their bid is submitted electronically prior to the stated deadline and in conformance with all bid submission requirements of City and PlanetBids. Bidders can modify their bids electronically through PlanetBids at any time prior to the bid submission deadline. Bidders will not be able to electronically submit or modify their bids after the stated deadline. The City will not consider any oral, written, or telegraphic submissions or modifications.

The Bidder, by submitting an eBid, certifies that the Bidder has thoroughly examined and understands the entire Contract Documents (which includes the plans, specifications, drawings, forms, affidavits, and the solicitation documents), and that by submitting the eBid as its Bid proposal, including any addenda issued thereto, and incorporated by reference in the Contract Documents.

The Bidder, by submitting its eBid, 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 Bid are true and correct.

The City will review bids after the submission deadline and make bids available for public viewing on the

PlanetBids.com website. Upon electronic bid (eBid) opening, PlanetBids will list all Bidders and their grand total bid amounts. The apparent three lowest Bidders must submit original bid documents to the City of Chula Vista’s City Engineer at 276 Fourth Avenue, Building B, Chula Vista Ca 91910 within three (3) consecutive working days after the bid submission deadline. The City’s determination of the lowest responsive and responsible bidder shall be posted at chulavista.gov for public viewing.

The City hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this Notice, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

The successful bidders shall be responsible for complying with Labor Code Section 1771.1(a) as follows:

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the http://www.planetbids.com/portal/portal.cfm?CompanyID=15381

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Rev. 9/3/2026 requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to

Section 1725.5 at the time the Contract is awarded.

The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder.

The Project is also subject to the requirements of all applicable provisions of the California Labor Code and the California Code of Regulations, including but not limited to, Chapter 1 of Part 7 of Division 2 of the

Labor Code (Section 1720 et seq.); California Code of Regulations, Title 8, Chapter 8, Subchapters 3 & 4

(Section 16000 et seq.); and California Code of Regulations, Title 8, Chapter 8, Subchapter 4.5 (Section

16450 et seq.).

The successful bidder and each subcontractor of any tier shall be required to pay not less than the general prevailing rates of per-diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the contract.

Successful bidder and each subcontractor shall keep accurate payroll records in accordance with Labor

Code Section 1776, and must furnish certified payroll records to the Department of Industrial Relations

(DIR) electronic Certified Payroll Record (eCPR) online system every thirty (30) days and within ten (10) days of any separate request by DIR or City. Payroll records shall be furnished in a format prescribed by

Section 16401 of Title 8 of the California Code of Regulations, with use of the current version of “Public

Works Payroll Reporting Form (A-1-131)” and “Statement of Employer Payments (DLSE Form PW26)” constituting presumptive compliance with this requirement, provided the forms are filled out accurately and completely. In lieu of paper forms, the DIR may provide for and require the electronic submission of certified payroll reports.

The successful bidder will be required to retain copies of certified payroll records for a minimum of five

(5) years from the date of completion and submit them upon request of the City or its authorized agent.

A copy of the per-diem rates of Prevailing Wages shall be posted at the site of the Project by the City. Rates are available at http://www.dir.ca.gov/dlsr/pwd/index.htm.

In accordance with the provisions of the California 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 1777.1 or Section 1777.7 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

This Job Order Contract (JOC) is an Indefinite Delivery/Indefinite Quantity agreement. The Contractor agrees to perform all work assigned via Task Orders. The amount of work and number of Task Orders to be issued are not yet known.

No bid shall be considered unless it is made on a bid proposal form furnished by the City Engineer via

PlanetBids.

http://www.dir.ca.gov/dlsr/pwd/index.htm

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As a mandatory minimum requirement, the Proposer must have the ability to obtain a performance and payment bond in the amount of at least the full project budget (see “Bid Proposal Requirements and

Conditions” Section 24 for JOC budget value). Proposer shall provide a letter signed by an authorized representative of Proposer’s surety company (or agent) confirming that the Proposer can meet this minimum requirement. Any Proposer who fails to meet this mandatory minimum requirement will be considered non-responsive and will not be considered further by the City in this Procurement process.

Performance and Labor and Material Bonds will be required at the time of each Task Order. City requires the bid submission surety company certification letter and Performance and Labor and Material Bonds to be issued by a Surety authorized to transact such business in the State of California, be listed as approved by the United States Department of Treasury Circular 570, and whose Underwriting Limitation is sufficient to issue bonds in the amount required by any contract entered into pursuant to this Notice. Approved listing can be obtained through the United States Department of Treasury’s website www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm. Any renewal certificates required during the course of the contract must be renewed and received by the City within fifteen (15) days prior to expiration and must meet the same criteria. No substitutions shall be allowed.

Bidder acknowledges the duty to provide bonds from a surety specified in the bid specifications. By bidding on this Project, (1) Bidder waives any rights they may have under California Code of Civil Procedure

Sections 995.660 and 995.670; and (2) Bidder agrees to indemnify and hold City harmless against any loss, liability, expense, or expenditure, including attorney’s fees and costs, which City may suffer in any claim, action, suit or other proceeding that may be brought by a surety submitted by Bidder that does not meet the

United States Department of Treasury's Circular 570 specifications for a surety. Bidder acknowledges that

City may reject any and all bids, and that if a low bidder bids with a lower cost premium for sub-specification performance and payment bonds, other bidders not similarly taking advantage of the lower cost premium will be put in a cost disadvantage in the bid process, and that this may, in the City's judgment, necessitate re-bidding the Project.

As a mandatory minimum requirement, the Proposer must document that it has the ability to meet the minimum insurance requirements as set forth in Article 5 of the Contract General Conditions of the Draft

Contract (see Section 5-4 of the City of Chula Vista Standard Special Provisions). Proposer shall provide a letter from Proposer’s insurance company or broker indicating that the Proposer is capable of complying with the insurance requirements. Any Proposer who fails to meet this mandatory minimum requirement will be considered to be non-responsive and will not be considered further by the City in this Procurement.

City requires that throughout the duration of any contract entered into pursuant to this Notice, insurance be retained and maintained with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of no less than A with a Financial Size Category (FSC) of Class V in the amounts specified in the contract. If insurance be retained and maintained with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A, FSC X. Contractor must provide evidence of insurance within ten (10) days after the award of the contract, and approved prior to commencement of work under the contract. Contractor must renew any insurance terminating during the course of the contract before such insurance is terminated and Contractor must provide evidence of renewal to the City within fifteen (15) days prior to the expiration of the prior policy and must meet the same criteria. Contractor must include all subcontractors as insured under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements as above. No substitutions shall be allowed.

If the Bidder takes longer than ten (10) days to fulfill these requirements, then the additional time taken shall be added to the Bid Guaranty (if a requirement of the bid). The Contract shall be made in the form adopted by the City, which includes the provisions that no claim or suit whatsoever shall be made or brought by Contractor against any officer, agent, or employee of the City for or on account of anything done or

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Rev. 9/3/2026 omitted to be done in connection with this Contract, nor shall any such officer, agent, or employee be liable hereunder.

Pursuant to the Charter of the City of Chula Vista Section 1009(c), the City is to award the Contracts to the lowest responsive and responsible bidder. The award of the Contract is contingent upon the satisfactory completion of the bid submission requirements and completed forms. If the Apparent Low Bidder does not execute the Contract, or submit required documents and information, the City may award the Contract to the next lowest responsive and responsible bidder who shall fulfill every condition precedent to award. A corporation designated as the Apparent Low Bidder shall furnish evidence of its corporate existence and evidence that the officer signing the Contract and bond for the corporation is duly authorized to do so.

In performing work under this contract, the Contractor shall comply with all federal, state, and local laws and regulations relating to storm water pollution prevention, including but not limited to:

o Federal Clean Water Act o California Porter-Cologne Water Quality Control Act o National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater

Discharges Associated with Construction and Land Disturbance Activities Order WQ 2022-0057-

DWQ NPDES No. CAS000002 (NPDES Construction General Permit), and any subsequent reissuances of or amendments thereto o City of Chula Vista Municipal Code Chapter 14.20 o City of Chula Vista BMP Design Manual

The City may reject a bid on the basis of a bidder, or any principal, officer, employee of such bidder, or other person or entity that has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation. All bid protests must be presented in writing and filed with the City of

Chula Vista’s City Engineer not later than 5:00 p.m. on the fifth (5th) business day after the bid submission deadline indicated in this Notice to Contractors.

The City does not warrant, represent, or guarantee the accuracy, completeness, or adequacy of information provided by or obtained from any third-party source. The City shall not be responsible or liable in any way whatsoever for any loss or damages of any kind, nature, or scope, including, but not limited to, time, money, or goodwill arising from errors, inaccuracies, or omissions in any documents and/or information provided by or obtained from any third-party source.

The special attention of prospective bidders is called to Bid Proposal Requirements and Conditions for instructions regarding bidding starting on the following page, which is incorporated into this Notice to

Contractors as if fully set forth herein.

The City reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. The City further reserves the right to take all bids under advisement for a period of one-hundred and twenty (120) calendar days after the bid submission deadline.

All costs incurred by bidders as a result of preparing bids under this Notice shall be the sole responsibility of each bidder. This Notice neither creates nor imposes any obligation upon the City to enter into a contract.

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DATED:___________________

Nolan Huelsman, P.E.

Principal Civil Engineer

Department of Engineering & Capital Projects

City of Chula Vista

09/04/2026

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BID PROPOSAL REQUIREMENTS AND CONDITIONS

1. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND

SITE OF WORK

The bidder is required to examine carefully the site and Contract Documents for the Project, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the Contract Documents. It is mutually agreed that submission of a bid shall be considered prima facie evidence that the bidder has made such examinations.

Any Request for Information (RFI) regarding the advertised Project must be submitted via

PlanetBids no later than five (5) working days prior to the bid submission deadline. The City may or may not respond to a Bidder’s RFI. Any RFI request after the deadline will not be entertained.

2. BID PROPOSAL FORMS

All bid proposals must be submitted electronically through the vendor PlanetBids, upon forms furnished by the Department of Engineering & Capital Projects.

The following documents MUST be completed and submitted electronically with the bid:

1. Bid Proposal

2. Signed Addenda (if any)

3. Individual, or Co-Partnership, or Corporation letter authorizing capacity(ies) for signature

` (See enclosed Sample Letter)

4. List of Contractors

5. Affidavit to Accompany Bid Proposal

6. Surety Company letter confirming Bidder's Ability to provide Performance and labor and

Materials Bonds

7. Insurance Company Letter confirming Bidder’s Ability to meet minimum Insurance

Requirements.

8. City of Chula Vista Disclosure Statement

9. Acknowledgement of Project Labor Agreement – Document 00460

10. Bid Submittal Checklist

After receipt of Notice of Award, the Contractor MUST complete and provide within ten (10) working days the following documents:

1. Contract

2. Non-Collusion Affidavit

3. Workers' Compensation Insurance Declaration

4. Evidence of Liability Insurance (see Section 5-4 of the City of Chula Vista Standard Special

Provisions)

5. Guaranty (if required)

3. BID REVIEW AND RESULTS

City shall review properly submitted bids after the bid submission deadline. The City will post its determination of the lowest responsive and responsible bidder on the PlanetBids.com website for public viewing.

4. REJECTION OF BIDS CONTAINING ALTERATIONS, ERASURES, OR

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IRREGULARITIES

Bids may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind.

In the event of a conflict between unit bid price and the extended total price, the unit price shall prevail. In the event of a conflict between a lump sum unit price and the extended total price, the lump sum unit price shall prevail. In the event of a conflict between the sum of extended total price(s) and the grand total of the bid, the sum of the extended total prices shall prevail. Bids in which the prices are materially unbalanced may be rejected. The City Engineer’s discretion may be used to correct arithmetical errors, including but not limited correction of the extended total price.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every potential omission, inconsistency, error, or other irregularity which may occur in a bid. Any situation that is not specifically provided for will be resolved in the discretion of the City Engineer, and that discretion will be exercised in a manner deemed by the City Engineer to best protect the public interest in the prompt and economical completion of the work. The decision of the City Engineer respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

Bidders may file a bid protest with the City of Chula Vista, City Engineer. The Bidder’s protest must:

A. Be filed in writing not later than 5:00 p.m. on the fifth (5th) business day after the bid submission deadline;

B. Clearly identify with specificity any and all alleged irregularities or other bases for the protest;

C. Specify, in detail, the factual and legal grounds for the protest; and

D. Include all relevant supporting documentation with the protest at time of filing.

If the protest does not meet all of the above requirements, the City may reject it without further review.

If the protest is timely received and complies with all of the above requirements, the City will seek a written response from the challenged bidder. The City will then review the protest, any response from the challenged bidder, and any other information deemed relevant by the City in its sole discretion. The City will provide a written response to the protesting bidder.

The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing a

Government Code Claim or legal proceedings.

The City reserves the right to reject any and all bids.

5. CONTRACTOR AND SUBCONTRACTOR LICENSING REQUIREMENTS

In accordance with Business and Professions Code Section 7028.15, all project work must be performed by properly licensed contractors and subcontractors with active licenses in good standing as of the date and time specified for bid opening. In accordance with Business and Professions Code Section 7030.5, bidders must verify their Contractor’s License number and license expiration date on the bid forms under penalty of perjury. Licenses must be issued by the Contractor’s State License Board of California and must be maintained in good standing throughout the term of the contract.

For project specific license requirements see Special Provisions Technical.

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Further, all traffic control plans must be prepared and signed by an “A” or a “C-31” licensed contractor or stamped by a licensed Traffic Engineer.

All contractors and subcontractors of every tier are required to have a valid City of Chula Vista business license prior to start of work.

The City shall require from all prospective bidders the completion, under penalty of perjury, and submittal of a standard form of information whether such prospective bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation, and if so, to explain the circumstances.

6. DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION

REQUIREMENTS

No contractor or subcontractor may be listed on a bid proposal for a public works bid project unless registered with the California Department of Industrial Relations (“DIR”) to perform a public work pursuant to Labor Code section 1725.5, subject to limited exceptions as provided in the Labor Code. No contractor or subcontractor of any tier may be awarded a contract for a public work without proof of registration with the DIR pursuant to Labor Code 1725.5, subject to limited exceptions as provided in the Labor Code. This project is subject to compliance monitoring and enforcement by the DIR.

7. PREVAILING RATES OF WAGES

The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain

“public works” and “maintenance” projects. Since this Project involves an applicable “public works” or

“maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/ . In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the City's Facilities Department. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws and/or the City's LCP.

The Contractor and each subcontractor shall forfeit as a penalty to the City not more than Two Hundred

Dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

As a further material part of this Contract, Consultant agrees to hold harmless and indemnify the City, its

Board and each member of the Board, its officers, employees and agents from any and all claims, liability, loss, costs, damages, expenses, fines and penalties, of whatever kind or nature, including all costs of defense and attorneys’ fees, arising from any alleged failure of Contractor or its subcontractors to comply with the prevailing wage laws of the State of California. If the City or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its subcontractors to pay prevailing wages, http://www.dir.ca.gov/dlsr/

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Contractor agrees that the City and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys’ fees and defense costs of the City and the other indemnified parties as billed, in addition to all other damages, fines, penalties and losses incurred by the

City and the other indemnified parties as a result of the action.

Contractor acknowledges and agrees to comply with the provisions of Labor Code section 1776 including but not limited fulfilling its duty to keep accurate payrolls, make payroll records available, and inform the

City of the location of such records.

The Contractor is required to provide with its bidding documents a list of its subcontractors, equipment providers, and material suppliers of every tier and the classifications and wages of its workers. The worker classifications must be compliant with the specifications of the DIR.

To verify compliance with State prevailing wage requirements, the DIR maintains an online registry of

Contractors to which Contractor will be required to register and submit certified payrolls. This Project is subject to compliance monitoring and enforcement by the DIR.

In addition to State and Federal prevailing wage requirements, the following State requirements apply:

• Labor Code 1810: Hours in legal day’s work;

• Labor Code 1813: Penalty for exceeding legal day’s work; and

• Labor 1815: One and one-half time rate of pay.

The Contractor is required to be in conformance with these sections and all other applicable Federal, State, and local laws and regulations. Nothing contained above shall be construed to any way limit Contractor’s obligations to comply with any and all such laws and regulations.

8. PAYROLL RECORDS

a. Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.

b. The payroll records enumerated under Article 21(a) above shall be certified and submitted by the

Contractor at a time designated by the City. The Contractor shall also provide the following:

i. A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

ii. A certified copy of all payroll records enumerated in Article 21(a) shall be made available for inspection or furnished upon request of the Department of Industrial Relations ("DIR").

iii. The certified payroll records shall be on forms provided by the Division of Labor Standards

Enforcement ("DLSE") of the DIR or shall contain the same information as the forms provided by the DLSE.

c. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor or any subcontractor performing Work on the Project shall not be marked or obliterated.

d. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten

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(10) days in which to comply subsequent to receipt of written notice specifying item or actions necessary to ensure compliance with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the City, forfeit One Hundred Dollars

($100.00) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments.

9. EMPLOYMENT OF APPRENTICES

a. The Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the California Labor

Code.

b. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

c. Knowing violations of Section 1777.5 will result in forfeiture not to exceed $100 for each calendar day of non-compliance pursuant to Section 1777.7.

It shall be mandatory upon the bidder to whom the Contract is awarded, and upon any subcontractor under him, to comply with all Labor Code provisions, which include, but are not limited to the payment of not less than the said specified rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor, debarment of contractors and subcontractors, and those required under Labor Code Section 1771.1(a).

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license throughout the duration of the Contract License required for this project.

This Project is also subject to the Project Agreement (PLA) adopted by the City of Chula Vista on April

15, 2025. The complete PLA agreement and related documents are attached as Attachment A: City of Chula

Vista Project Labor Agreement and incorporated herein by this reference. All bids must be accompanied with the Acknowledgement of Project Labor Agreement document 00460.

10. BIDDER'S GUARANTY

A bidder's bond is not required.

As a mandatory minimum requirement, the Proposer must have the ability to obtain a performance and payment bond in the amount of at least the full potential budget (see “Bid Proposal Requirements and

Conditions” Section 24 for JOC budget value). Proposer shall provide a letter signed by an authorized representative of Proposer’s surety company (or agent) confirming that the Proposer can meet this minimum requirement. Any Proposer who fails to meet this mandatory minimum requirement will be considered non-responsive and will not be considered further by the City in this Procurement process.

As a mandatory minimum requirement, the Proposer must document that it has the ability to meet the minimum insurance requirements as set forth in Article 5 of the Contract General Conditions of the Draft

Contract (see Section 5-4 of the City of Chula Vista Standard Special Provisions). . Proposer shall provide a letter from Proposer’s insurance company or broker indicating that the Proposer is capable of complying

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Rev. 9/3/2026 with the insurance requirements. Any Proposer who fails to meet this mandatory minimum requirement will be considered to be non-responsive and will not be considered further by the City in this Procurement.

11. AWARD AND EXECUTION OF CONTRACT OR REJECTION OF BIDS

The award of the Contract will be to the lowest responsive and responsible bidder as determined by the

City.

The successful bidder shall execute the Contract and return the same, together with the Contract bonds, to the City of Chula Vista within ten (10) working days, after the bidder has received the Contract for execution. Failure to do so shall be just cause for forfeiture of the bid proposal guaranty. The executed contract documents shall be delivered to the following address:

276 Fourth Avenue, Chula Vista, CA 91910

Attn.: Engineering and Capital Projects

a. Bidders shall submit two (2) Adjustment Factors to be their competitive Bid price adjustment to the unit prices published in the Unit Price Book (UPB) for Normal Working Hours (NWH) and

Other Than Normal Working Hours (OTNWH). Incomplete submittals may be rejected as being nonresponsive.

b. The City reserves the right to reject any or all Bids, to waive any informality or technicality in Bids received, and to waive any requirements of these specifications as to Bidding procedure.

c. Bidders will not be released on account of their errors of judgement. Bidders may be released only upon receipt by the City, within three (3) working days of the Bid opening, written notice from the

Bidder which shows proof of honest, credible, clerical error of material nature, free from fraud or fraudulent intent; and of evidence that reasonable care was observed in the preparation of the Bid.

d. A Bidder who is not selected for contract award may protest the award of a Contract to another

Bidder by submitting a written protest in accordance with the Chula Vista Municipal Code.

e. The City of Chula Vista will not discriminate in the award of Contracts with regard to race, religion, color, national origin, ancestry, physical handicap, marital status, sex or age.

f. Each Bid package properly signed as required by these specifications shall constitute a firm offer, which may be accepted by the City within the time specified in the Notice to Contractors.

g. The City reserves the right to evaluate all Bids and determine the lowest Bidder on the basis of any proposed alternates or options as detailed herein.

h. In the event of a tie bid (where two or more bidders have identical Composite Adjustment Factors), the City will determine the winner by virtue of a coin toss or some other arbitrary method. The tie break will be administered by City staff along with a witness and in the presence of the respective bidders. The tied bidder whose company name comes first alphabetically will call heads or tails for the coin toss.

12. SUBCONTRACTING

In accordance with California Public Contract Code Section 4104(a)(1), bidders shall set forth the name and the location of the place of business of each subcontractor who is proposed to perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime Contractor’s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime Contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.

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In addition to the foregoing, the City requires that the prime Contractor identify ALL subcontractors, equipment providers, and material suppliers performing ANY work on the Project, regardless of the percentage of the total bid to be performed by the subcontractor, equipment provider, or material supplier. The City has included a form titled “LIST OF CONTRACTORS” on which the prime

Contractor shall identify all of the following:

1. Name, Address and Telephone Number of all contractors.

2. License Number(s) and class(es) of License(s) held by all contractors.

3. DIR Registration Number(s) for all contractors

4. Description of Work to be performed by all contractors.

5. Bid Schedule Line Items

6. The Percentage of Each Line Item to be performed by the contractor.

7. The Percentage of the Total Project bid by to be performed by the contractor.

8. Worker Classifications for all contractors.

9. Contact person, telephone number, and email for all contractors.

If the Contractor violates Public Contract Code § 4100 et seq., the City may exercise the remedies provided under Public Contract Code. The City may refer the violation to the Contractors State License Board as provided under Public Contract Code § 4111.

The bidder's attention is directed to the other provisions of the Public Contract Code related to penalties for failure to observe the provisions by using unauthorized subcontractors or by making unauthorized substitutions.

Each subcontractor must comply with the Contract Documents and must have an active and valid State

Contractor’s license with a classification appropriate for the work to be performed (Business and

Professional Code, § 7000 et seq.).

No subcontract releases the Contractor from any obligations or requirements of the Contract Documents or relieves the Contractor of their responsibility for a subcontractor’s work.

Contractor shall not use a debarred subcontractor; a current list of debarred contractors is available at the

DIR web site at: www.dir.ca.gov/dlse/debar.html. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void. A debarred subcontractor may not receive any public funds for performing work as a subcontractor on a public works contract. Any public funds paid to a debarred subcontractor by the Contractor shall be returned to the City. The successful bidder, as

Contractor, shall be solely responsible for the payment of wages to workers of a debarred subcontractor that has been allowed to work on the Project. Upon request by the Engineer, Contractor shall immediately remove and not use a subcontractor who fails to prosecute the work satisfactorily.

As a condition precedent to City making a final progress payment for the project, Contractor must complete a supplement to its List of Contractors form to provide City with a complete list of all subcontractors performing work on the project.

13. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS

The prime Contractor and subcontractors shall pay any and all subcontractors not later than seven (7) days of receipt of each progress payment in accordance with the provision in section 7108.5 of the California

Business and Professions Code concerning prompt payment to subcontractors. The seven (7) days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of section

7108.5 may subject the violating Contractor or subcontractor to the penalties, sanctions and other remedies

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Rev. 9/3/2026 of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the City, Contractor, or any subcontractor in the event of a dispute involving late payment or nonpayment by the prime Contractor, deficient subcontract performance, or noncompliance by a subcontractor.

14. LABOR NONDISCRIMINATION

The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations), Part 26 in the award and administration of US DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

15. REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCE

When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe.

The Contractor shall immediately cease work in conformance with Section 25914.1 of the Health and Safety

Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed.

16. LABOR COMPLIANCE/JOB SITE POSTERS

City hereby gives notice to Contractor and its subcontractors that Contractor is required to post any and all labor compliance and job site notices prescribed by federal, state, or local law or regulation, including but not limited to the following for all projects:

• DFEH-162 - “Discrimination and Harassment in Employment are Prohibited by law”;

• DFEH-162S - “La ley Prohibe la Discriminacion y el Acoso en el Empleo –

Spanish/Espanol”; and

• DSLE8 - The Department of Industrial Relations’ posters “Payday Notice”

In addition, for State Funded projects, City hereby gives notice to Contractor and its subcontractors that

Contractor is required to post the following:

• 16429-I - Notice of Labor Compliance Program Approval – English

• 16429-I-S - Notificación Sobre La Aprobación Del Programa Para El Cumplimiento De La

Ley Laboral – Spanish/Español.

Copies of all of said posters are incorporated as an appendix included for reference only. It is the responsibility of the Contractor to obtain the latest required posters from the US Department of Labor’s website at www.dol.gov/general/topics/posters or Caltrans Local Assistance’s website at https://dot.ca.gov/programs/construction/labor-compliance/labor-compliance-posters.

17. PIGGYBACK PROCUREMENT

It is intended that any other public agency (e.g city, county, district, public, authority, public agency, municipality, or other political subdivision of California) located in the State of California has an option to http://www.dfeh.ca.gov/res/docs/Publications/DFEH-162s.pdf http://www.dfeh.ca.gov/res/docs/Publications/DFEH-162s.pdf http://www.dot.ca.gov/hq/construc/LaborCompliance/LCP_Poster-ASedits2InternetEnglish.pdf http://www.dot.ca.gov/hq/construc/LaborCompliance/LCP_Poster-ASEdits2InternetSpanish.pdf http://www.dot.ca.gov/hq/construc/LaborCompliance/LCP_Poster-ASEdits2InternetSpanish.pdf http://www.dol.gov/general/topics/posters https://dot.ca.gov/programs/construction/labor-compliance/labor-compliance-posters

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Rev. 9/3/2026 procure identical equipment and/or services as set forth in the Proposal. The City of Chula Vista incurs no financial or other responsibility in connection with any attempted or actual procurement of such equipment and/or services by another public agency. Any public agency that elects to pursue the option to procure identical equipment and/or services as set forth in the Proposal does so at its own risk and assumes full and sole responsibility for all administration, placing of orders, making of payments, and all other actions and/or omissions that relate to or are in any way connected with such attempted or actual procurement of equipment and/or services.

18. INDEMNIFICATION FOR BID DEFECTS OR ERRORS

By submitting a bid, Bidder agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City of Chula Vista and its elected officials, employees, agents, contractors, and volunteers

(each a “City Party”, collectively, the “City Parties”) from and against any and all liability, loss, damages, claims, expenses (including without limitation attorney fees, expert witness fees, and fees and cost of litigation) of every nature (collectively, “Liability”) arising out of or in connection with the acts or omissions of Bidder, its employees, subcontractors, representatives, or agents (each a “Bidder Party”;

collectively the “Bidder Parties”) in bidding to perform the Work or its failure to comply with any obligations under the Bid documents or Contract Documents, except such liability caused by the active negligence, sole negligence, or willful misconduct of City. This obligation to indemnify, defend, and hold harmless includes any Liability arising from alleged defects in the content or manner or submission of

Bidder’s bid. Bidder’s failure to timely accept a tender of defense pursuant to this provision will be deemed a material breach of the Contract.

19. ACCESSIBILITY AND AMERICANS WITH DISABILITIES ACT (ADA)

COMPLIANCE

To request a copy of this solicitation in an alternative format, contact the Purchasing & Contracting

Department, Engineer of Work listed on the signature page of the Notice to Contractors at least five (5) working days prior to the Bid/Proposal due date to ensure availability.

20. BIDS ARE PUBLIC RECORDS

Upon receipt by the City, Bids shall become public records subject to public disclosure. It is the responsibility of the respondent to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained within the Bid. General references to sections of the California

Public Records Act (PRA) will not suffice. If the Contractor 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 Contractor will hold the City harmless for release of this information.

21. BID PRICE SUBMITTAL

This solicitation is for an Adjustment Factor type Contract, based on the City’s Unit Price Book (UPB) and provisions as set forth herein.

a. The Bidder agrees to perform construction services for the City in accordance with these Contract

Documents. The Bidder guarantees the Adjustment Factors for a period of 1095 days from the date of award of Contract and for any Task Order Modifications executed after the expiration of the

Contract that are required to complete a Task Order.

b.