City Entry Monuments Project.pdf

61147.02100\34898331.1

CITY OF SAN JUAN CAPISTRANO

SAN JUAN CAPISTRANO, CALIFORNIA

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR

CITY ENTRY MONUMENTS PROJECT

PROJECT NO. CIP 24304

PREPARED BY:

RJM Design Group, Inc.

31591 Camino Capistrano

San Juan Capistrano, California 92675

(949) 493-2600

April 2026

-i- TABLE OF CONTENTS

TABLE OF CONTENTS

Page

00 11 16 – NOTICE INVITING BIDS

00 21 13 – INSTRUCTIONS TO BIDDERS

ARTICLE 1. SECURING DOCUMENTS

ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS

ARTICLE 4. PRE-BID CONFERENCE

ARTICLE 5. ADDENDA

ARTICLE 6. ALTERNATE BIDS

ARTICLE 7. COMPLETION OF BID FORMS

ARTICLE 8. MODIFICATIONS OF BIDS

ARTICLE 9. SUBCONTRACTORS

ARTICLE 10. LICENSING REQUIREMENTS

ARTICLE 11. BID GUARANTEE (BOND)

ARTICLE 12. IRAN CONTRACTING ACT OF 2010

ARTICLE 13. NONCOLLUSION DECLARATION

ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION

CERTIFICATION

ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM

ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION

ARTICLE 17. SIGNING OF BIDS

ARTICLE 18. SUBMISSION OF SEALED BIDS

ARTICLE 19. OPENING OF BIDS

ARTICLE 20. WITHDRAWAL OF BID

ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID

ARTICLE 22. SUBSTITUTION OF SECURITY

ARTICLE 23. PREVAILING WAGES

ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

ARTICLE 25. INSURANCE REQUIREMENTS

ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND

REQUIREMENTS

ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS,

LICENSES AND FEES

ARTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE

ARTICLE 29. FILING OF BID PROTESTS

ARTICLE 30. BASIS OF AWARD; BALANCED BID

(Continued)

-ii- 00 11 16 – NOTICE INVITING BIDS

ARTICLE 31. AWARD PROCESS

ARTICLE 32. EXECUTION OF CONTRACT

ARTICLE 33. QUESTIONS

00 41 43 – BID FORMS

ARTICLE 1. INFORMATION ABOUT BIDDER

ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG)

ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS

ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS

QUESTIONNAIRE

ARTICLE 5. VERIFICATION AND EXECUTION

00 52 13 – CONTRACT

00 61 13 – BOND FORMS

00 72 13 – GENERAL CONDITIONS

ARTICLE 1. DEFINED TERMS

ARTICLE 2. CONTRACT DOCUMENTS

ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION

COMMUNICATION

ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE

ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE

OF WORK

ARTICLE 6. MOBILIZATION

ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE

ARTICLE 8. SOILS INVESTIGATIONS

ARTICLE 9. CONTRACTOR’S SUPERVISION

ARTICLE 10. WORKERS

ARTICLE 11. INDEPENDENT CONTRACTORS

ARTICLE 12. SUBCONTRACTS

ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY

ARTICLE 14. REQUESTS FOR SUBSTITUTION

ARTICLE 15. SHOP DRAWINGS

ARTICLE 16. SUBMITTALS

ARTICLE 17. MATERIALS

ARTICLE 18. PERMITS AND LICENSES

ARTICLE 19. TRENCHES

ARTICLE 20. TRAFFIC CONTROL

-iii- 00 11 16 – NOTICE INVITING BIDS

ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS

ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS

ARTICLE 23. SANITARY FACILITIES

ARTICLE 24. AIR POLLUTION CONTROL

ARTICLE 25. LAYOUT AND FIELD ENGINEERING

ARTICLE 26. TESTS AND INSPECTIONS

ARTICLE 27. PROTECTION OF WORK AND PROPERTY

ARTICLE 28. CONTRACTOR’S MEANS AND METHODS

ARTICLE 29. AUTHORIZED REPRESENTATIVES

ARTICLE 30. HOURS OF WORK

ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE

ARTICLE 32. PREVAILING RATES OF WAGES

ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION

ARTICLE 34. EMPLOYMENT OF APPRENTICES

ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY

ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

ARTICLE 37. LABOR/EMPLOYMENT SAFETY

ARTICLE 38. INSURANCE

ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE

ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES

ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT

ARTICLE 43. SECURITIES FOR MONEY WITHHELD

ARTICLE 44. CHANGES AND EXTRA WORK

ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT

ARTICLE 46. OCCUPANCY

ARTICLE 47. INDEMNIFICATION

ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES

ARTICLE 49. CITY’S RIGHT TO TERMINATE CONTRACT

ARTICLE 50. WARRANTY AND GUARANTEE OF WORK

ARTICLE 51. DOCUMENT RETENTION & EXAMINATION

ARTICLE 52. SEPARATE CONTRACTS

ARTICLE 53. NOTICE AND SERVICE THEREOF

ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS

-iv- 00 11 16 – NOTICE INVITING BIDS

ARTICLE 55. STATE LICENSE BOARD NOTICE

ARTICLE 56. INTEGRATION

ARTICLE 57. ASSIGNMENT OF CONTRACT

ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL

ENTITY

ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS

ARTICLE 60. PROHIBITED INTERESTS

ARTICLE 61. CONTROLLING LAW

ARTICLE 62. JURISDICTION; VENUE

ARTICLE 63. LAWS AND REGULATIONS

ARTICLE 64. PATENTS

ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS

ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST

ARTICLE 67. SURVIVAL OF OBLIGATIONS

00 73 13 – SPECIAL CONDITIONS

01 00 00 – GENERAL REQUIREMENTS

TECHNICAL SPECIFICATIONS (GREENBOOK)

APPENDIX A

EXHIBIT “A” CHANGE ORDER FORM

-5- 00 11 16 – NOTICE INVITING BIDS

00 11 16 – NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the City of San Juan Capistrano (“City”) invites and will receive sealed Bids up to but not later than 2:00 PM on Thursday, October 22, 2026 through the City’s online bid management system (“PlanetBids”), for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for the Entry Monuments Construction Project (the “Project”). After said time, Bids will be publicly posted on PlanetBids. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

The proposed project constructs two City Monuments, one located at the median north of the intersection at Old Mission Road and Ortega Highway, and the other located in the center median on Camino Capistrano east of the Costco Parking Lot on the south side of town. Construction includes electrical work associated with sign lighting, landscaping & irrigation improvements to supply associated planters, and all appurtenances as shown on the contract documents.

Engineer’s Estimate: $430,000

Bids must be submitted on the City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from PlanetBids once registered with the City. To the extent required by section

20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

It is the responsibility of each prospective bidder to download and print all Contract Documents for review and to verify the completeness of Contract Documents before submitting a bid. Any Addenda will be posted on PlanetBids. It is the responsibility of each prospective bidder to check PlanetBids on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Contract Documents. Information on PlanetBids may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by PlanetBids.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of San Juan Capistrano as bid security. The bid security must be submitted in hard copy directly to the City prior to the specified date and time for bid opening as set forth in the Instructions to Bidders. The bid security shall be provided as a guarantee that within five (5) working days after the City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City.

The bid security must be submitted in original hard copy in sealed envelope directly to the City Clerk’s Office at: 32400 Paseo Adelanto San Juan Capistrano, CA 92675 prior to the specified time and date for the Bid opening. The sealed envelope shall be labeled “Bid Guarantee”, bear the title of the Project, and include the name of the Bidder.

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A Non Mandatory Pre-Bid Conference is scheduled for Tuesday, October 13, 2026 at 10:00 AM to review the Project's existing conditions at both the Northerly and Southerly Monument Sites.

Representatives of the City and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing, and shall be sent to all Bidders present at the Pre-Bid Conference.

The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract.

Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Orange County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/

In addition, a copy of the prevailing rate of per diem wages is available at the City Clerk’s Office and shall be made available to interested parties upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.

Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the contract: Class A

-7- 00 11 16 – NOTICE INVITING BIDS

Substitution requests shall be made within 35 calendar days after the award of the contract.

Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Contract Documents be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.

City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the City from the Base Bid Alone. City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For further information, contact:

Mike Marquis, P.E.

Title: Senior Civil Engineer

Email: mmarquis@sanjuancapistrano.org

Phone: (949) 443-6326.

END OF NOTICE INVITING BIDS

mailto:mmarquis@sanjuancapistrano.org

-8- 00 21 13 – INSTRUCTIONS TO BIDDERS

00 21 13 – INSTRUCTIONS TO BIDDERS

ARTICLE 1. SECURING DOCUMENTS

Bids must be submitted through PlanetBids to the City on the Bid Forms which are a part of the Contract Documents for the Project. Bid and Contract Documents may be obtained as specificied in the Notice Inviting Bids.

The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must also register with the City through PlanetBids to obtain the required Contract Documents if they decide to submit a bid for the Project.

Any Addenda will be posted on PlanetBids. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.

ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein and made part of the Contract Documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract Documents. The failure or omission of any Bidder to receive or examine any Contract Documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.

ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS

Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other Contract Documents may submit a written request for interpretation through PlanetBids.

The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other Contract Documents will be made only by a written addendum posted on PlanetBIds. The City will not be responsible for any other explanation or interpretations of the Contract Documents. If a prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the prospective Bidder to promptly bring it to the attention of the City.

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ARTICLE 4. PRE-BID CONFERENCE

A non-mandatory Pre-Bid Conference is scheduled for Tuesday, October 13, 2026 to review the Project's existing conditions at the Del Obispo/Ortega Highway and Camino Capistrano project sites . Representatives of the City and consulting engineers, if any, will be present. Oral statements regarding this Bid at the Pre-Bid Conferences should be considered unverified information unless confirmed in writing.

ARTICLE 5. ADDENDA

The City reserves the right to revise the Contract Documents prior to the Bid opening date.

Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall register with the City through PlanetBids. Addenda will be uploaded to PlanetBids. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should visit PlanetBids to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.

ARTICLE 6. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder.

ARTICLE 7. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.

The Bid Schedule is available on PlanetBids through the “Line Items” tab. Bidders must insert and submit their Bid prices directly through PlanetBids by selecting “Place eBid” under the “Line Items” tab. The Bid Schedule will be incorporated into the Contract Documents. Failure to submit the Bid Schedule will render a bid nonresponsive. Bidders must provide pricing for every bid item.

The costs of any Work shown or required in the Contract Documents, but not specifically identified as a Pay Item are to be included in related Pay Items and no additional compensation shall be due Contractor by virtue of Contractor’s compliance with the Contract Documents. The estimated

-10- 00 21 13 – INSTRUCTIONS TO BIDDERS

quantities for unit price items are for purposes of comparing bids only and City makes no representation that the actual quantities of Work performed will not vary from the estimates.

ARTICLE 8. MODIFICATIONS OF BIDS

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

ARTICLE 9. SUBCONTRACTORS

Bidder shall set forth the name, address of the place of business, contractor license number, and public works contractor DIR registration number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104.

Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Substitution of listed subcontractors shall only be permitted in accordance with Public Contract Code Section 4107.

ARTICLE 10. LICENSING REQUIREMENTS

Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.

ARTICLE 11. BID GUARANTEE (BOND)

Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of San Juan Capistrano; or (c) a Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of San Juan Capistrano as bid security. Personal sureties and unregistered surety

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companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest shall be paid on funds deposited with the City. City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract.

The bid security must be submitted in original hard copy in a sealed envelope directly to the City Clerk’s office prior to the specified time and date for the Bid opening. The sealed envelope shall be labeled “Bid Guarantee”, bear the title of the Project, and include the name of the Bidder.

ARTICLE 12. IRAN CONTRACTING ACT OF 2010

In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid with the City of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the Bid Forms and must be signed and dated under penalty of perjury.

ARTICLE 13. NONCOLLUSION DECLARATION

Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the Bid Forms and must be signed and dated under penalty of perjury.

ARTICLE 14. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor DIR Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM

Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject

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any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.

ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION

In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City certificate Workers’ Compensation Certificate prior to performing the work under this Contract:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

The form of such Workers' Compensation Certificate is included as part of the Bid Forms.

ARTICLE 17. SIGNING OF BIDS

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

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

and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

ARTICLE 18. SUBMISSION OF BIDS

Bids shall be submitted electronically through the PlanetBids. Unless otherwise specified herein, the Bid Forms shall be uploaded (.pdf file) as a single attachment and submitted through PlanetBids. No other method of submitting Bids will be accepted. Bidders may not submit Bids by fax, email, telephone, mail, or other means; any Bids received through any means other than PlanetBids will be returned unopened.

It is the responsibility solely of Bidder to see that its Bid is properly submitted to PlanetBids in proper form and prior to the stated closing time. THE ELECTRONIC BID MANAGEMENT SYSTEM WILL NOT ACCEPT LATE BIDS. City will only consider Bids that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Bid was submitted successfully. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the online bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Bidder to successfully submit an electronic Bid shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids.

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Proposers experiencing any technical difficulties with the proposal submission process may contact PlanetBids Support at (818) 992-1771. If you continue to have difficulty, please contact Mike Marquis, Associate Civil Engineer at 949-443-6326. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the proposal submission date and/or time.

ARTICLE 19. OPENING OF BIDS

At the time set for the opening of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and posted on PlanetBids.

It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

The public posting of each bid will include the following information:

A. The name and business location of the bidder.

B. The bid amount.

The City may, in its sole discretion, elect to postpone the opening of the submitted Bids. The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

ARTICLE 20. WITHDRAWAL OF BID

Any bid may be withdrawn through PlanetBids, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.

Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City.

ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID

No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders or from simultaneiolsy submitting its own bid as a prime contractor.

ARTICLE 22. SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

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ARTICLE 23. PREVAILING WAGES

The City has obtained from the Director of the Department of Industrial Relations 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. These rates are available at the City Clerk’s Office of the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. 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 to a debarred subcontractor by the Contractor for 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.

ARTICLE 25. INSURANCE REQUIREMENTS

Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.

ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award.

ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.

ARTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE

Notwithstanding anything contained herein, the Bid Schedule may contain an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Schedule to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically

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intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance.

ARTICLE 29. FILING OF BID PROTESTS

Bidders may file a “protest” of a Bid with the City Clerk’s Office. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date or any City determination or recommendation regarding the Bidder’s bid;

B. Clearly identify the specific irregularity or accusation;

C. Clearly identify the specific City staff determination or recommendation being protested;

D. Specify in detail the grounds for protest and the facts supporting the protest; and

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

If the protest does not comply with each of these requirements, the City may reject the protest without further review.

If the protest is timely and complies with the above requirements, the City’s Public Works Director or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The City’s Public Works Director will provide a written decision to the protestor.

The procedure and time limits set forth in this Article 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.

ARTICLE 30. BASIS OF AWARD; BALANCED BID

The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.

The lowest Bid will be determined on the basis of the Total Bid Price.

The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

ARTICLE 31. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) working days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether

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the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty (20) working days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City will issue a Notice to Proceed to that Bidder.

ARTICLE 32. EXECUTION OF CONTRACT

As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.

ARTICLE 33. QUESTIONS

Questions regarding the Contract Documents, requests for interpretations or clarifications, either administrative or technical, may be submitted through PlanetBids by October 13, 2026 . All written questions, if answered, will be answered in writing, conveyed to all interested Bidders, and posted through PlanetBids. Oral statements regarding this Bid by any persons should be considered unverified information unless confirmed in writing.

No members of the City’s staff or governing body should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.

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00 41 43 – BID FORMS

1.1 Bid.

Bids will be received at the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, until 2:00 PM on Tuesday October 22, 2026.

NAME OF BIDDER: ______________________________________________

City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675

The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:

CITY ENTRY MONUMENTS PROJECT CIP 24304

We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No. ________________________________________________

1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

2. Attached is the completed Designation of Subcontractors form.

3. Attached is the fully executed Noncollusion Declaration form.

4. Attached is the completed Iran Contracting Act Certification form.

5. Attached is the completed Public Works Contractor Registration Certification form.

6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.

7. Attached is the completed Bidder Information and Experience form.

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A. BID SCHEDULE

IMPORTANT:

THE ELECTRONIC BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND

PROPERLY SUBMITTED ON PLANETBIDS.

FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE

AND NON-RESPONSIVE BID.

THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT

DOCUMENTS.

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the City provides the successful bidder with the Notice of Award.

Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.

The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done.

If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within Orange County for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file at the City’s Administration Office and shall be made available to interested parties upon request.

Enclosed find cash, bidder’s bond, or cashier’s or certified check No. _________ from the _______________ Bank in the amount of ________________________________, which is not less than ten percent (10%) of this bid, payable to City of San Juan Capistrano as bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work.

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The bidder furthermore agrees that in case of bidder’s default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder’s bond, or cashier’s or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the City of San Juan Capistrano.

Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of _______________________________.

Bidder confirms license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):

If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.

Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within ten (10) working days from the date the City provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California.

The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than “A-” and a Financial Size Category of not less than “Class VII” according to the latest Best Key Rating Guide. At the sole discretion of the City, the City may waive the Financial Strength Rating and the Financial Size Category classifications for Workers’ Compensation insurance.

(signatures continued on next page)

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I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Executed at _________________________, on this ____ day of __________, _____.

(Bidders Name – Print or Type)

(Name and Title)

(Corporate Seal)

(Signature)

Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below:

Name Title

Complete Address

Phone FAX

Name Title

Complete Address

Phone FAX

Name Title

Complete Address

Phone FAX

Name Title

Complete Address

Phone FAX

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1.2 Bid Bond

The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the City of San Juan Capistrano, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted 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, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _____________, 20 ____, If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

By their signatures hereunder,…