CIP_No._40097_-_Contract_Documents,_Specifications_and_Standard_Drawings_(SIGNED).pdf

CONTRACT DOCUMENTS, SPECIFICATIONS, AND STANDARD DRAWINGS

FOR THE

El Camino Real and Auto Center Drive

Signal Improvements

CIP NO. 40097

IN THE

C I T Y O F T U S T I N

300 Centennial Way

TUSTIN, CALIFORNIA 92780

(714) 573-3150

BIDS DUE:

SEPTEMBER 9, 2026

2:00 PM

Electronic bidding system, OpenGov

MICHAEL GRISSO, PUBLIC WORKS DIRECTOR

KENNY NGUYEN, P.E., DEPUTY DIRECTOR PW / CITY ENGINEER

DEPARTMENT OF PUBLIC WORKS

CITY OF TUSTIN

Docusign Envelope ID: 28DF6FF3-4622-8CC0-806C-8C565E3BE322 ii

CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS

FOR THE

El Camino Real and Auto Center Drive Signal Improvements

CIP NO. 40097

Prepared Under the Supervision of:

Kyra Tao, Principal Transportation Engineer, R.C.E. No. 81115 Date

Approved by:

Kenny Nguyen, P.E., City Engineer, R.C.E. No. 66036 Date

Docusign Envelope ID: 28DF6FF3-4622-8CC0-806C-8C565E3BE322

08/05/26

08/06/26 iii

DEPARTMENT OF PUBLIC WORKS

300 Centennial Way

TUSTIN, CALIFORNIA 92780

(714) 573-3150

TABLE OF CONTENTS

SECTION A

NOTICE INVITING SEALED BIDS ......................................................................................... A-1

SECTION B

INSTRUCTIONS TO BIDDERS ............................................................................................. B-1

1. Proposal Forms ............................................................................................................. B-1

2. Proposal Guarantee ....................................................................................................... B-1

3. Proposal Signature ........................................................................................................ B-1

4. Delivery of Bid Bond ...................................................................................................... B-2

5. Return of Proposal Guarantees ..................................................................................... B-2

6. Taxes ............................................................................................................................ B-2

7. Disqualification of Bidders ............................................................................................. B-2

8. Contractor's License Requirement ................................................................................. B-2

9. References .................................................................................................................... B-3

10. Listing of Subcontractors ............................................................................................... B-3

11. Discrepancies and Misunderstandings .......................................................................... B-3

12. Deadline for Request for Interpretation ........................................................................... B-3

13. Equivalent Materials & Substitutions............................................................................... B-3

14. Legal Responsibilities ..................................................................................................... B-4

15. Award of Contract .......................................................................................................... B-5

16. Material Guarantee ........................................................................................................ B-5

17. Execution of Contract .................................................................................................... B-5

18. Submission of Bonds and Insurance .............................................................................. B-5

19. Addenda ........................................................................................................................ B-6

20. Bid Protest ..................................................................................................................... B-6

21. Questions to the Engineer ............................................................................................. B-6 iv

SECTION C

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

Bid Schedule ..................................................................................... OpenGov Pricing Table List of Subcontractors ...............................................................................................OpenGov List of Ready-Mix Concrete Suppliers ......................................................................OpenGov Non-Collusion Affidavit ............................................................................................OpenGov Utility Agreement .....................................................................................................OpenGov Disqualification Questionnaire ..................................................................................OpenGov Compensation Insurance Certification .....................................................................OpenGov Bidder's Information ................................................................. OpenGov Vendor Submission Bidder Bond ................................................................................................... C3 & OpenGov Contractor’s License Declaration .............................................................................OpenGov California All Purpose Acknowledgement Form .............................................. C5 & OpenGov Project References ..................................................................................................OpenGov

SECTION D

SAMPLE CONTRACT ........................................................................................................... D-1

Faithful Performance Bond ............................................................................................... D-8 Labor and Materials Payment Bond ............................................................................... D-10 Compensation Insurance Certificate ............................................................................... D-12 Contractor’s Licensing Statement ................................................................................... D-13 Contract Change Order .................................................................................................. D-14 Public Right-of-Way Encroachment and Construction Permit ......................................... D-17

SECTION E

SPECIAL PROVISIONS ........................................................................................................ E-1 v

APPENDICES

APPENDIX A - CONTRACTORS BUSINESS LICENSE APPLICATION

APPENDIX B - WASTE REDUCTION & RECYCLING PLAN AND RECYCLE FACILITIES

APPENDIX C - DEFINITION OF BID ITEMS

APPENDIX D - CONSTRUCTION SIGNAGE AND NOTICES

S E C T I O N A

NOTICE INVITING SEALED BIDS

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S E C T I O N A

C I T Y O F T U S T I N , C A L I F O R N I A

N O T I C E I N V I T I N G S E A L E D B I D

FOR THE

El Camino Real / Auto Center Drive Signal Improvements

(CIP No. 40097)

NOTICE IS HEREBY GIVEN that the CITY OF TUSTIN, hereinafter referred to as City or AGENCY invites sealed bids for the above stated project and will receive sealed bids for the construction, materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in the Bid Package.

Scope of Work: The work consists of furnishing all labor, tools, transportation, equipment, materials and incidentals for 1) the demolition, removal, and salvage of the existing traffic signal equipment, hardware, and all appurtenant work as shown on the plan; and 2) installation of all the following but not limited to new pole, pull box, conduits, conductors, loops, dlc wires, and new curb ramp as shown on the plans.

Project Schedule: The Contractor shall complete the Work within 30 working days after issuance of the Notice to Proceeds. Notice to Proceed No. 1 will authorize potholing, field verification, submittals, and procurement of long-lead traffic signal equipment. Upon completion of these activities, the Engineer may suspend the assessment of contract working days until the long-lead traffic signal equipment has been delivered and the project is ready for construction. The Engineer will then issue a Notice to Resume Work (Notice to Proceed No. 2), the Contractor shall complete all remaining Work within the balance of the thirty (30) working days.

Engineer’s Estimate: $209,000

1. Obtaining Bid Documents

An electronic copy of the Bid Package (including plans, specifications and proposal) is available through OpenGov (formerly ProcureNow).

www.tustinca.org → Departments → Public Works → Engineering → Public Works Bids

2. Bid Opening

Bid opening date and time: September 9, 2026 at 2:00 PM

Sealed bids will be received through OpenGov, online electronic bidding system and original signed and sealed bond at the Office of the City Clerk during normal business hours prior to the Bid Opening at the Office of the City Clerk, 300 Centennial Way, Tustin, California 92780. Bids will be publicly opened at the Bid Opening time stated on OpenGov.

The City has made reasonable efforts to make all aspects of the vendor registration and bidding process as easy, secure and reliable as possible. All responses are due at or before the date and time deadlines established for on each project. Late responses will not be accepted. The City is not responsible for and accepts no liability in the event that a response is received by the City after the deadline due to network, internet, connectivity or any other technical issues or data transfer interruption.

http://www.tustinca.org/

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3. Contractor's License

In accordance with section 3300 of the California Public Contract Code, the AGENCY has determined that the Contractor shall possess a valid California Contractor's License Class A or C-10.

Further, it is a misdemeanor not to have a license at the time of the bid (Business and Professions Code § 7028.15, subd. (a)). In the case of City contracts which involve Federal funds, the Contractor must be properly licensed at the time of award of the contract (Public Contract Code § 20103.5). Failure to possess such license may render the bid non-responsive and bar the award of the contract to that non-responsive Bidder. The successful Contractor and his or her subcontractors will also be required to possess business licenses issued by the AGENCY.

4. Prevailing Wages

In accordance with the provisions of California Labor Code sections 1770 et seq., the Director of the Department of Industrial Relations of the State of California has determined that the general prevailing rate of wages are applicable to the work to be done. The Contractor and any subcontractor under him or her, will be required to pay to all persons employed on the project by the Contractor sums not less than those set forth in the document entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1771, 1773, 1773.1 and 1774." This document can be reviewed in the Tustin Office of the City Engineer or may be obtained from the State.

Certified Payroll Records shall be submitted to the City Engineer every two weeks beginning with the actual start day of construction, with the submissions consecutively numbered through the completion of the work. Progress payments will be withheld pending receipt of any outstanding certified payroll record reports.

Notice Requirements

• No contractor or subcontractor shall be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

• No contractor or subcontractor shall be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5

• This project is subject to compliance monitoring and enforcement by the Department of

Industrial Relations.

5. Bid Security

Each bid shall be accompanied by bid security in the form of a cashier's check, certified check or bid bond in the amount not less than 10% of the total bid amount. All cashier's checks or certified checks must be drawn on a responsible bank doing business in the United States and shall be made payable to THE CITY OF TUSTIN. A bonding company admitted and licensed to do business in the State of California must issue bid bonds. Bids not accompanied by the required bid security shall be rejected. Cash and personal or company checks are NOT acceptable.

6. Payment Bond and Performance Bond

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A Payment Bond and a Performance Bond, each in the amount of 100% of the contract amount, will be required of the Contractor. Said bonds shall be issued by an admitted Surety company that is duly authorized to issue such bonds in the State of California.

7. Insurance

Prior to execution of contract, Contractor shall provide AGENCY with insurance certificate(s) with endorsements evidencing commercial general liability and automobile liability insurance as prescribed in the contract, with a company with an A.M. Best Key Rating of Grade A and Class VII (seven) with an Admitted Insurer, or rated Grade A- or better and Class X (ten) or better with a Surplus Line Broker. Evidence of Workers’ Compensation Insurance with a company with an A.M. Best Key Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation Fund must also be provide.

Contractor shall provide to the AGENCY within ten (10) working days after the date of notice of award of contract the aforementioned insurance certificate(s) with endorsements which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the bid security and AGENCY will pursue award to the next qualified responsive bidder. Contractor is advised that insurance requirements are non-negotiable and AGENCY will not consider waiving insurance requirements. There are no exceptions to this requirement.

8. Retention

In accordance with the Contract, Five Percent (5%) of any progress payment will be withheld as retention. Pursuant to Public Contract Code section 22300, at the request and expense of the Contractor, approved securities equivalent to the amount withheld may be deposited with the AGENCY or with a state or federally chartered bank as the escrow agent, and AGENCY shall then pay such moneys to the Contractor. Refer to the Contract for further clarification.

9. Questions

Questions regarding this Notice Inviting Bids shall be submitted through the City’s e-Procurement Portal, OpenGov, or for general questions by contacting Public Works at 714-573-3150

THE AGENCY RESERVES THE RIGHT TO REJECT ANY BID OR ALL BIDS AND TO WAIVE

ANY INFORMALITY OR IRREGULARITY IN ANY BID AND TO TAKE ALL BIDS UNDER

ADVISEMENT FOR A MAXIMUM PERIOD OF SIXTY (60) DAYS.

ANY CONTRACT AWARDED WILL BE LET TO THE LOWEST RESPONSIVE AND

RESPONSIBLE BIDDER.

NO BID SHALL BE CONSIDERED UNLESS IT IS PREPARED ON THE APPROVED

PROPOSAL FORMS IN CONFORMANCE WITH THE INSTRUCTIONS TO BIDDERS.

By order of the City Council of the City of Tustin, California, the 4th day of August, 2026.

Attest:

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Erica N. Yasuda, City Clerk

Published in Tustin News:

August 6, 2026

August 13, 2026

S E C T I O N B

INSTRUCTIONS TO BIDDERS

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S E C T I O N B

I N S T R U C T I O N S T O B I D D E R S

1. Proposal Forms

Bids shall be submitted electronically on the Proposal forms provided by the AGENCY through the City’s e-Procurement Portal, OpenGov. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements.

Bid submittal procedure: The sealed bid shall be electronically filled in and submitted through OpenGov in the form of a sealed bid including the following:

1) Vendor Questionnaire,

2) unit prices,

3) bid security/bid bond (original hard copy and upload scan) and

4) addenda, if issued.

The original signed and sealed hard-copy bid bond shall be mailed or hand delivered to the City Clerk, Second Floor City Hall, 300 Centennial Way, TUSTIN, California, which shall be endorsed with the Project Title, Project CIP Number, and bid opening date and as it appears on the Notice Inviting Sealed Bids and described under Item 4 below.

The City has made reasonable efforts to make all aspects of the vendor registration and bidding process as easy, secure and reliable as possible. In order to mitigate any last minute unforeseen technical issues with on-line/electronic bid submissions, we recommend that bidders submit their bid/proposal as early as possible. It is highly recommended that bidders submit bids at least an hour before bid opening to allow OpenGov the time to address and resolve any issues that may be preventing bid submission. It is the responsibility of the prospective bidder to successfully navigate all individual challenges using the on-line/electronic bidding software. All responses are due at or before the date and time deadlines established for each project. Late responses will not be accepted. The City is not responsible for and accepts no liability in the event that a response is received by the City after the deadline due to network, internet connectivity or any other technical issues or data transfer interruption.

If you need technical assistance or have questions concerning the features available using OpenGov Procurement system, please contact Customer service for the OpenGov software through 1) the chat feature in the software or 2) phone at (855)-680-4747. It is the responsibility of each bidder to ensure that all such issues related to their bid are resolved prior to the bid submission deadline.

Bid opening procedure: Bid results will be made public on OpenGov and posted on the City’s website after the bid deadline.

Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered.

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2. Bid Security

Proposals must be accompanied by a bid security consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than Ten Percent (10%) of the total amount listed in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to THE CITY OF TUSTIN, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract within the referenced 10 working day period, the check or bond, as the case may be, shall be forfeited to the AGENCY.

3. Proposal Signature

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

4. Delivery of Bid Bond

Bid Bond shall be enclosed in a sealed envelope plainly marked on the outside:

"SEALED BID"

for

El Camino Real / Auto Center Drive Signal Improvements in the

Bid opening date: September 9, 2026 at 2:00 p.m.

“DO NOT OPEN WITH REGULAR MAIL”

Bid Bond may be mailed or delivered by messenger. However, it is the bidder's sole responsibility to ensure delivery of the bid bond to the hands of the AGENCY's designated official prior to the bid opening date and hour stipulated in the Notice Inviting Sealed Bids. Late bid bonds will not be considered. The envelope containing the bid bond shall be clearly labeled with the project title, CIP number, and bid opening date.

5. Return of Bid Securities

The bid securities of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within ten (10) working days after the award of contract, the remaining bid securities accompanying all other proposals will become null and void and returned to the unsuccessful bidders.

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6. Taxes

No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

7. Disqualification of Bidders

In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor.

8. Contractor's License Requirement

This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code section 3300.

Every person submitting a bid must have a Contractor’s license for the work, in the classification of A or C-10, at the time of making a bid. Bidder acknowledges that it is a misdemeanor not to have a license at the time of the bid (Business and professions Code § 7028.15(a)).

In the case of joint ventures, each party to the joint venture shall have a Contractor’s license at the time of the bid (Business and Professions Code § 7028.15(c)). In addition, the joint venture itself must have a valid “joint venture license” no later than the time of the award of the bid (Business and Professions Code § 7029.1).

In the case of City contracts which involve Federal funds, the Contractor must be properly licensed at the time of award of the contract (Public Contract Code § 20103.5).

A Contractor who is not properly licensed will have his or her bid declared nonresponsive.

(Business and Professions Code § 7028.15(e)).

Any bidder or Contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractor’s State License Board (Public Contract Code § 20103.5). Failure to comply with all applicable licensure requirements may also result in a forfeiture of bidder’s bid security.

9. References

All reference information called for in the bid proposal must be submitted with the bid proposal.

10. Listing of Subcontractors

Bidders shall list in their bid proposals the names and places of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one-half of one percent (0.5%) of the Contractor's total bid.

11. Discrepancies and Misunderstandings

Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed.

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No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job.

Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he or she be in doubt as to their meaning, he or she shall notify the AGENCY, via the City’s e-Procurement Portal, under the Questions and Answers Tab. A written addendum will be posted on OpenGov and email sent to all prospective bidders (who are “following” the project), should AGENCY determine that this is necessary.

The Agency will not be responsible for any other explanation or interpretations of the proposed documents. The Contractor shall indemnify, defend and save harmless the City of Tustin from any and all alleged or actual losses or damages resulting from Contractor’s failure to report any error, omission or conflicting procedure.

12. Deadline for Request for Interpretation

All requests for interpretation via the City’s e-Procurement Portal, OpenGov, under the Questions and Answers Tab, must be received by the date listed in OpenGov.

13. Equivalent Materials & Substitutions

Requests for the use of equivalents to those specified must be submitted to the AGENCY in accordance with the following:

Substitutions

Request for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor during the bid period are considered requests for “substitutions.” Only substitutions approved by AGENCY prior to the bid date via addendum will be considered. No substitutions will be considered after bidding and Award of Contract.

Submittal

A. Bidders are required to submit any requests for substitution via the City’s e-Procurement Portal, under the Questions and Answers Tab per item 12, no later than the Deadline for Requests of Interpretation, in Instructions to Bidders.

B. Bidders are required to identify the product, or installation method to be replaced in each request, and to include references to the related specification sections and drawing numbers. Bidders are also required to document compliance with requirements for substitutions, and the following information, as appropriate:

1. Product data, including drawings and descriptions of products, fabrication and installation procedures.

2. Samples, where applicable or requested.

3. A comparison of significant qualities of the proposed substitution with those specified.

4. A list of changes or modifications needed to other parts of the Work and to construction performed by the City or other agencies, that will be necessary to accommodate the proposed substitution.

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5. A statement indicating the substitution’s effect on the construction schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall contract time.

6. Cost information, including a proposal of the net change, if any in the contract sum.

7. Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor’s waiver of rights to additional payment or time, that may be necessary because the substitution’s failure to perform adequately.

The AGENCY will issue a written response, via the City’s e-Procurement Portal, as an Addendum, at its discretion indicating its approval or disapproval of such request. It is the sole responsibility of the successful bidder to provide proof acceptable to the AGENCY that the proposed substitutions material is truly an equivalent.

14. Legal Responsibilities

All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature, whether or not the same is expressly referred to herein. Any bidder submitting a proposal shall, by such action, thereby expressly agree to each and every term, condition, provision and requirement set forth, contemplated, and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith.

Additionally, any bidder submitting a proposal shall, by such action thereby, expressly agree to pay at least the minimum prevailing per diem wages as provided by California Labor Code sections 1773 et. seq., for each craft, classification or type of workers required as set forth by the Director of Industrial Relations of the State of California. The AGENCY has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed, and a copy is on file in the office of the City Engineer.

Prevailing Wages Notice Requirements

15. Award of Contract

The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.

16. Material Guarantee

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The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY.

17. Execution of Contract

The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within ten (10) working days from the date of the award. Failure to enter into a contract by this date shall be just cause for the annulment of the award and the forfeiture of the bidder’s bid security.

If the successful bidder fails to execute the contract within the referenced ten (10) working day period, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised.

18. Submission of Bonds and Insurance

The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within ten (10) working days from the award of contract. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone:

Orange County Superior Court 700 West Civic Center Drive Santa Ana, CA 92701

(714) 935-6061

Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured.

19. Addenda

The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any and all such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY.

20. Bid Protest

To be considered timely, a bid protest must be filed within the following time limits:

A. Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening.

B. All other protests must be filed within five (5) calendar days after the protester knew or should have known the basis of the protest, but no later than five (5) calendar days after the date of when the bids were due to the AGENCY.

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21. Questions to the City Engineer

Questions regarding the bid documents (e.g., Plans, Specifications, Contract Documents, Bid Forms, etc.) must be received by the City Engineer no fewer than ten (10) calendar days prior to the bid opening as specified in Section A. Questions asked of the City Engineer after this time will not be addressed. Questions shall be submitted via the City’s e-Procurement Portal, under the Questions and Answers Tab per the deadline listed under item 12.

S E C T I O N C

PROPOSAL

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S E C T I O N C

P R O P O S A L for the

El Camino Real/Auto Center Drive Signal Improvements

(CIP No. 40097) in the

In compliance with the Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the CITY OF TUSTIN, hereinafter referred to as AGENCY or the City. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the CITY OF TUSTIN, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the timeline, deadlines and number of working days, specified in the contract, starting from the date(s) of the Notice(s) to Proceed.

BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal.

BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty (60) days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project.

In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

The basis for determining the low bid shall be by correctly multiplying the number of units by the unit price bid to calculate a total amount for each contract item and obtaining a total bid by correctly adding together all contract item total amounts. If a unit price is not legible or is missing, the total amount for the contract item shall be divided by the approximate quantity of units to arrive at the unit price bid. If both the unit price and total amount for a contract item are left blank, then the entire bid shall be rejected.

If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates with endorsements within ten (10) working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the bid security accompanying this bid shall become the

C-2 property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.

The undersigned BIDDER hereby acknowledges that he/she understands the bonding requirements of the CITY OF TUSITN, which, per City Code, states that the surety company must be duly authorized to issue such bonds or insurance in the State of California. The Certificate of Insurance with endorsements must be with a company with an A.M. Best Key Rating of Grade A and Class VII (seven) or better with an Admitted Insurer, or Grade A- or better and Class X (ten) or better with a Surplus Line Broker. Workers’ compensation insurance with a company with an A.M. Best Key Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation Fund, is acceptable.

BIDDER shall provide to the City within ten (10) working days after the date of notice of award of contract the aforementioned insurance certificate(s) with endorsements which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the bid security and the City will pursue award to the next qualified responsive bidder. BIDDER is advised that insurance requirements are non-negotiable and that the City will not consider waiving insurance requirements. There are no exceptions.

Accompanying this proposal of bid, shall be a bid security in the form of a Cashier’s check, or certified check or bidder’s bond in an amount that is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the CITY OF TUSTIN.

This shall be a) scanned and uploaded into OpenGov and b) mailed or hand delivered to the City Clerk prior to the bid opening date and time.

Bidder shall signify receipt of all Addenda through OpenGov.

OpenGov: Vendor Submission Question 8.1

Bidder shall confirm in OpenGov conformance with this section.

All other questions are located in the Vender Submission section of OpenGov.

Input pricing/bid directly into the Pricing Table section of OpenGov.

All bidder confirmations in OpenGov shall be deemed as a signature by the bidder.

C-3

BIDDER BOND

STATE OF CALIFORNIA

KNOWN ALL MEN BY THESE PRESENTS, that we, _____ as PRINCIPAL, and ____________________________________________________________ as SURETY, are held and firmly bound unto the OBLIGEE, City of Tustin, hereinafter referred to as the CITY, in the penal SUM OF TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the PRINCIPAL above named, submitted by said PRINCIPAL to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ .

THE CONDITION OF THIS OBLIGATION IS SUCH,

That whereas the PRINCIPAL has submitted the above-mentioned bid to the CITY for certain construction specifically described as follows, for which bids are to be opened at Tustin, California

At 2:00 P.M. on September 9, 2026 for the Construction of: EL CAMINO REAL/AUTO CENTER DRIVE SIGNAL

IMPROVEMENTS (CIP NO. 40097)

NOW, THEREFORE, if the aforesaid PRINCIPAL is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds satisfactory to the CITY, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

C-4

In the event suit is brought upon this bond by the CITY, and judgment is recovered, the SURETY shall pay all costs incurred by the CITY in such suit, including reasonable attorney's fee as allowed by the court.

IN WITNESS WHEREOF, We have hereunto set our hands and seals on this

Day of , 20

(Seal)

PRINCIPAL

SURETY

Address:

NOTE: Signatures of those executing for the SURETY must be properly acknowledged (use copy of blank form provided in this section).

C-5

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _____________ before me, ___________________________________________________ Date Here Insert Name and Title of the Officer personally appeared ___________________________________________________________ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature___________________________ Signature of Notary Public

Place Notary Seal Above

Description of Attached Document

Title or Type of Document: _______________________ Document Date:

Number of Pages: _____________ Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)

Signer’s Name: ___________________________ Signer’s Name:

□ Corporate Officer – Title(s): ________________ □ Corporate Officer – Title(s):

□ Partner - □ Limited □ General □ Partner - □ Limited □ General

□ Individual □ Attorney in Fact □ Individual □ Attorney in Fact

□ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator

□ Other: _________________________________ □ Other:

Signer is Representing: _____________________ Signer is Representing:

© 2014 National Notary Association * www.NationalNotary.org * 1-800-USNOTARY (1-800-876-6827) Item #5907 http://www.nationalnotary.org/

S E C T I O N D

SAMPLE CONTRACT

D-1

SECTION D

CONTRACT

FOR

CIP No. 40097

This Contract, made and entered into this ____ day of , 20 , between the City of Tustin, California, hereinafter referred to as City, and hereinafter referred to as Contractor.

ARTICLE I - Project

Witnesseth, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the two bonds, bearing date with these presents and hereunto annexed by this reference, the Contractor agreed with City, at his or her own proper cost and expense, to do all the work and furnish all the materials necessary to construct and complete in good workmanlike and substantial manner and to the satisfaction of the City, in accordance with the plans and specifications, as may be amended from time to time as of the date of this Contract, entitled:

CIP No. 40097 which said plans and specifications are hereby specifically referred to and incorporated herein by this reference. Said plans and specifications are on file in the Office of the City Engineer of the City of Tustin, California.

ARTICLE II - Pricing

Contractor agrees to receive and accept the following prices as detailed in Attachment A, incorporated herein by this reference, as full compensation for furnishing all materials and for doing all the work contemplated and referenced in this Contract; and also for all losses or damages arising out of the nature of the aforesaid work, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the City Engineer under them.

See Attachment A – Contractor bid and unit prices (from OpenGov).

D-2

ARTICLE III - Performance

City hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth herein and in Section E – Special Provisions, attached hereto and incorporated herein by this reference; and the said parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants contained herein.

ARTICLE IV – Priority of Contract over Contractor’s Proposal

It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms of this instrument and the bid or proposal of Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE V – Labor and Related Requirements

1. The CITY OF TUSTIN has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains copies thereof in the Office of the City Engineer.

The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by California Labor Code sections 1771 and 1774.

Prevailing Wages Notice Requirements

2. The Contractor shall, as a penalty to the City, forfeit Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor of Contractor) less than the prevailing rate as prescribed in the preceding paragraph for the work provided for in this Contract, all in accordance with Labor Code sections 1774 and 1775.

3. Labor Code section 1773.1, regarding the payment of travel and subsistence payments, is applicable to this Contract.

4. Labor Code section 1777.5, regarding the employment of apprentices, is applicable to this Contract if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty

(20) working days or more and under such circumstances, Contractor shall be fully responsible to ensure compliance with all the provisions of Labor Code section 1777.5 for all apprentice-able occupations on the project. A Contractor or subcontractor who violates section 1777.5 shall forfeit

D-3 to the City, as a civil penalty, the sum of One Hundred Dollars ($100.00) for each calendar day of noncompliance. Notwithstanding Labor Code section 1727, upon receipt of a determination that a civil penalty has been imposed, the City shall withhold the amount of the civil penalty from Contract progress payments then due or to become due. Any funds withheld by the City pursuant to this section shall be deposited in the City’s General Fund.

5. The Contractor shall not employ, or allow work to be performed by, a subcontractor who is ineligible to perform work on the project pursuant to Labor Code sections 1777.1 or 1777.7 pertaining to debarment by the Labor Commissioner for violations of the Prevailing Wage Laws.

6. In performance of this Contract, not more than eight (8) hours shall constitute a day's work.

The Contractor shall fully comply with the requirements of Labor Code Article 3, Chapter 1, Part 7, Division 2 (§1810 et seq.). Pursuant Labor Code section 1813, the Contractor shall, as a penalty to the City, forfeit Twenty-Five Dollars ($25.00) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the referenced provisions of the Labor Code. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the public work being performed pursuant to this Contract.

7. Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work, and agrees to insist that each of his subcontractors do the same. Contractor further agrees that his payroll records and those of his subcontractors shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code section 1776 et seq.

8. Contractor is also aware of the provisions of Labor Code section 3700 which requires every employer to be insured against liability for Worker's Compensation or undertake self-insurance and will comply with such Code provisions before commencing the performance of the work of this Contract.

ARTICLE VI - Jobsite Access

In connection with the performance of this Contract, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of any conditions, either actual or threatened, that may present a danger or hazard to any and all employees or other individuals.

The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees or other individuals at or near the worksite.

The Contractor acknowledges the provisions of Labor Code section 6400, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite, the City is hereby authorized to order the immediate abatement of that actual or threatened…