FY 2026 Streets Overlay Project.pdf

NOTICE TO BIDDERS

SPECIAL PROVISIONS

BID BOOK

FOR

FY 2026 STREETS OVERLAY PROJECT

PW 2025-01

PUBLIC WORKS DEPARTMENT

Mail/Deliver to:

City of Arroyo Grande Attention: Theresa Wren, CIP Manager

1375 Ash Street Arroyo Grande, CA 93420

Bids Due:

2:00 P.M.

Thursday, June 11, 2026

May 20, 2026

-i-

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. Compliance with CARB regulations

ARTICLE 12. BID GUARANTEE (BOND)

ARTICLE 13. IRAN CONTRACTING ACT OF 2010

ARTICLE 14. NONCOLLUSION DECLARATION

ARTICLE 15. PUBLIC WORKS CONTRACTOR REGISTRATION

CERTIFICATION

ARTICLE 16. BIDDER INFORMATION AND EXPERIENCE FORM

ARTICLE 17. WORKERS' COMPENSATION CERTIFICATION

ARTICLE 18. SIGNING OF BIDS

ARTICLE 19. SUBMISSION OF SEALED BIDS

ARTICLE 20. OPENING OF BIDS

ARTICLE 21. WITHDRAWAL OF BID

ARTICLE 22. BIDDERS INTERESTED IN MORE THAN ONE BID

ARTICLE 23. SUBSTITUTION OF SECURITY

ARTICLE 24. PREVAILING WAGES

ARTICLE 25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

ARTICLE 26. INSURANCE REQUIREMENTS

ARTICLE 27. PERFORMANCE BOND AND PAYMENT BOND

REQUIREMENTS

ARTICLE 28. SALES AND OTHER APPLICABLE TAXES, PERMITS,

LICENSES AND FEES

ARTICLE 29. PERMIT AND INSPECTION FEE ALLOWANCE

ARTICLE 30. FILING OF BID PROTESTS

(Continued)

-ii-

ARTICLE 31. BASIS OF AWARD; BALANCED BID

ARTICLE 32. AWARD PROCESS

ARTICLE 33. EXECUTION OF CONTRACT

ARTICLE 34. QUESTIONS

00 41 43 – BID FORMS

ARTICLE 1. COMPLETED PROJECTS

00 52 13 – SAMPLE CONTRACT

00 61 13 – BOND FORMS

00 72 13 – GENERAL CONDITIONS

ARTICLE 1

ARTICLE 2. DEFINED TERMS

ARTICLE 3. CONTRACT DOCUMENTS

ARTICLE 4. PRECONSTRUCTION AND CONSTRUCTION

COMMUNICATION

ARTICLE 5. CONTRACT DOCUMENTS: COPIES & MAINTENANCE

ARTICLE 6. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE

OF WORK

ARTICLE 7. MOBILIZATION

ARTICLE 8. EXISTENCE OF UTILITIES AT THE WORK SITE

ARTICLE 9. SOILS INVESTIGATIONS – Removed

ARTICLE 10. CONTRACTOR’S SUPERVISION

ARTICLE 11. WORKERS

ARTICLE 12. INDEPENDENT CONTRACTORS

ARTICLE 13. SUBCONTRACTS

ARTICLE 14. VERIFICATION OF EMPLOYMENT ELIGIBILITY

ARTICLE 15. REQUESTS FOR SUBSTITUTION

ARTICLE 16. SHOP DRAWINGS

ARTICLE 17. SUBMITTALS

ARTICLE 18. MATERIALS

ARTICLE 19. PERMITS AND LICENSES

ARTICLE 20. TRENCHES

ARTICLE 21. TRAFFIC CONTROL

ARTICLE 22. DIVERSION OF RECYCLABLE WASTE MATERIALS

ARTICLE 23. REMOVAL OF HAZARDOUS MATERIALS

ARTICLE 24. SANITARY FACILITIES

-iii-

ARTICLE 25. AIR POLLUTION CONTROL

ARTICLE 26. LAYOUT AND FIELD ENGINEERING

ARTICLE 27. TESTS AND INSPECTIONS

ARTICLE 28. PROTECTION OF WORK AND PROPERTY

ARTICLE 29. CONTRACTOR’S MEANS AND METHODS

ARTICLE 30. AUTHORIZED REPRESENTATIVES

ARTICLE 31. HOURS OF WORK

ARTICLE 32. PAYROLL RECORDS; LABOR COMPLIANCE

ARTICLE 33. PREVAILING RATES OF WAGES

ARTICLE 34. PUBLIC WORKS CONTRACTOR REGISTRATION

ARTICLE 35. EMPLOYMENT OF APPRENTICES

ARTICLE 36. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY

ARTICLE 37. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

ARTICLE 38. LABOR/EMPLOYMENT SAFETY

ARTICLE 39. INSURANCE

ARTICLE 40. FORM AND PROOF OF CARRIAGE OF INSURANCE

ARTICLE 41. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

ARTICLE 42. COST BREAKDOWN AND PERIODIC ESTIMATES

ARTICLE 43. PROGRESS ESTIMATES AND PAYMENT

ARTICLE 44. SECURITIES FOR MONEY WITHHELD

ARTICLE 45. CHANGES AND EXTRA WORK

ARTICLE 46. FINAL ACCEPTANCE AND PAYMENT

ARTICLE 47. OCCUPANCY

ARTICLE 48. INDEMNIFICATION

ARTICLE 49. PROCEDURE FOR RESOLVING DISPUTES

ARTICLE 50. City’S RIGHT TO TERMINATE CONTRACT

ARTICLE 51. WARRANTY AND GUARANTEE OF WORK

ARTICLE 52. DOCUMENT RETENTION & EXAMINATION

ARTICLE 53. SEPARATE CONTRACTS

ARTICLE 54. NOTICE AND SERVICE THEREOF

ARTICLE 55. NOTICE OF THIRD PARTY CLAIMS

ARTICLE 56. STATE LICENSE BOARD NOTICE

ARTICLE 57. INTEGRATION

ARTICLE 58. ASSIGNMENT OF CONTRACT

-iv-

ARTICLE 59. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL

ENTITY 106

ARTICLE 60. ASSIGNMENT OF ANTITRUST ACTIONS

ARTICLE 61. PROHIBITED INTERESTS

ARTICLE 62. CONTROLLING LAW

ARTICLE 63. JURISDICTION; VENUE

ARTICLE 64. LAWS AND REGULATIONS

ARTICLE 65. PATENTS

ARTICLE 66. OWNERSHIP OF CONTRACT DOCUMENTS

ARTICLE 67. NOTICE OF TAXABLE POSSESSORY INTEREST

ARTICLE 68. SURVIVAL OF OBLIGATIONS

00 73 13 – SPECIAL CONDITIONS

-5-

FY 2026 STREETS OVERLAY PROJECT (PW 2025-01)

-6-

00 11 16 – NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the City of Arroyo Grande (“City”) invites and will receive sealed Bids up to but not later than 2:00 p.m. on Thursday, June 11, 2026 at the Public Works Office located at 1375 Ash St., Arroyo Grande, CA, 93420, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for FY 2026 STREETS OVERLAY PROJECT (PW 2025-01) (the “Project”). Bids shall be submitted in a sealed envelope plainly marked:

FY 2026 STREETS OVERLAY PROJECT

At said time, Bids will be publicly opened and read aloud. Bids received after said time shall be returned unopened. Bids received by fax or email will not be considered. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

PROJECT DESCRIPTION

In general, the Project consists of asphalt repairs, including Hot Mix Asphalt (HMA) paving;

striping; curb ramp reconstructions; temporary traffic control; and related items of work as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. The Project estimated construction cost is $10M.

Contract time is established at 80 working days.

Contractor must provide construction schedule for review and approval by the City prior to receiving the Notice to Proceed.

The work to be performed under this Contract is described in the Contract Documents, including the Bid Book, Special Provisions, and Plans prepared by Pavement Engineering, Inc.

(PE) and North Coast Engineering, Inc..

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 General Engineering Contractor. Failure to possess the specified license will render the Bid as non-responsive.

Bids must be submitted on the City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from the CIP Manager, Theresa Wren, twren@arroyogrande.org or (805) 473-5441 or the City’s website https://arroyogrande.org/Bids.aspx. To the extent required by section 20103.7 of the Public Contract Code, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. Addenda, if any, will be posted on the City’s website, sent to the plan rooms and any known plan holders. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.

It is the responsibility of each prospective bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents, including any Addenda, before submitting a bid. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on the City’s website may change without notice to prospective bidders.

-7-

A Non-Mandatory Pre-Bid Conference is scheduled for Friday, May 29, 2026, at 10:00 am at Public Works Office (1375 Ash St., Arroyo Grande). Representatives of the City will be present. Questions are due by Monday, June 1, 2026, at 4:00 pm. Send questions to CIP Manager, Theresa Wren at twren@arroyogrande.org. Questions received after that date will not be answered.

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 Arroyo Grande as bid security. 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. No interest will be paid on funds deposited with City.

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.

FUNDING A portion of this project is federally funded with Community Development Block Grant funds. Contractor will need to demonstrate SAM.gov listing for the City to be eligible for these federal funds. In addition, the Contractor will be required to submit certification regarding lobbying for contracts, grants, loans and cooperative agreements and abide by Federal Regulations regarding the Copeland Anti-kickback Act and Buy America Build America Act (BABA). BABA requires that all iron, steel, manufactured products, and construction materials used for federally funded infrastructure projects are produced in the United States, unless otherwise exempt or subject to an approved waiver.

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 San Luis Obispo 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 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

-8-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.

The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

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 Standard Specifications 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 PLUS ALTERNATES. The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, to award the contract based on any combination of bid schedule line items, locations, or portions thereof, in the best interest of the City and as budget allows. No bidder shall have any claim on account of the City’s exercise of this discretion, or to waive inconsequential defects in bidding not involving time, price, or quality of the work. The City may waive any minor irregularities in the bids. Any bid may be withdrawn prior to bid opening but not afterward.

END OF NOTICE INVITING BIDS

-9-

00 21 13 – INSTRUCTIONS TO BIDDERS

A. Site Data.

1. The data provided herein is for the information of Contractor and is subject to all limitations and conditions set forth in the Contract Documents.

2. Subsurface Exploration Data. The following data are included in the Project Manual:

a. Approximate location of existing city utilities

3. Other Site Data. The following data are available for inspection at City’s office:

a. City atlas of existing city utilities.

Copies of these reports, drawings and other materials may be examined at City’s office during regular business hours.

B. Pre-Purchased or Pre-Negotiated Material. NOT USED.

C. Designation of City’s Representative.

1. Onsite contact information will be noted at the pre-construction meeting.

D. Modification of Hours of Work.

Typical working hours are 7:00 am – 5:00 pm Monday – Friday. A request to work outside typical hours must be submitted at least 48 hours ahead of time.

E. Project Retention

In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project.

F. Reverse Liquidated Damages Due to Unreasonable City Delay. – Not Used.

G. Liquidated Damages Due to Contractor Delay.

1. Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to $750 per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified.

2. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor.

H. Utility Outages – Notices to Residents.

-10-

1. Should Contractor’s operations require interruption of any utility service, Contractor shall notify City at least 7 Days prior to the scheduled outage. City to review written notices.

2. Contractor will notify all impacted residents with written notice 48 hours prior, and door-knocking 24 hours prior to the scheduled outage.

3. Contractor shall give written notice to all business 1 week prior to scheduled outage and 24 hours door knocking in advance of shutoff.

4. Connection to existing commercial water meters need special consideration on timing to reduce the impact to the businesses, especially restaurants.

5. Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage.

I. Schedule Constraints.

Contractor must provide construction schedule for review and approval by the City prior to receiving the Notice to Proceed. Coordination with the school and transportation is needed for this project. Access to the Dignity Health Arroyo Grande Community Hospital must remain open at all times.

Noise Restrictions

1. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA.

2. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements.

3. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

J. Safety Programs. NOT APPLICABLE.

K. Coordination with Other Contractors. Contractor is expected to coordinate work with utility work included but not limited: that will occur concurrently with ATT, Charter, and

PG&E.

L. Revision to Caltrans striping standards A20A-A20E: Reduce line width from 8” to 6”, and 6” to 4”.

M. Green paint should be retroreflective thermoplastic and any specified on plans. Not all striping per plan is retroreflective thermoplastic.

-11-

ARTICLE 1. SECURING DOCUMENTS

Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents, including any addenda, may be obtained from the City’s website https://arroyogrande.org/Bids.aspx . 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 contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project. 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. 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. 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 proposed contract documents may submit to the Engineer of the City a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery.

Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be issued to each prospective Bidder and posted on City website. The City will not be responsible for any other explanation or interpretations of the proposed 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.

ARTICLE 4. PRE-BID CONFERENCE

A Non-Mandatory Pre-Bid Conference is scheduled at the time and location stated in the Notice Inviting Bids. Representatives of the City will be present. Questions asked by Bidders at the Pre- Bid Conference will be answered in writing, and sent to all Bidders present at the Pre-Bid Conference.

-12-

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. The City will send the Addenda to firms on the Bidder’s List, Contractor Bid Boards, and post on the City’s website. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Public Works Department 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

The time required for completion of the alternate bid items will be addressed with the Contractor upon award dependent on the number of Bid Alternates the budget allows. 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. Bid forms must be completed in black or blue ink or typed. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.

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, DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and contractor license 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

-13-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.

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. Contractor shall also have a City business license at the time of award.

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. COMPLIANCE WITH CARB REGULATIONS

The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Reported Compliance (“CRC”) for the Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles) . Bidder must complete and submit the Fleet Compliance Certification, on the form included in the bid package. Failure to provide a valid CRC for the Bidder’s fleet, and for the fleets of all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

ARTICLE 12. BID GUARANTEE (BOND)

Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of Arroyo Grande; 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 as bid security. Personal sureties and unregistered surety 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.

ARTICLE 13. 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 or proposal or otherwise proposes to enter into or renew a contract with the

-14-

City with respect to goods or services 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 package and must be signed and dated under penalty of perjury.

ARTICLE 14. 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 package and must be signed and dated under penalty of perjury.

ARTICLE 15. PUBLIC WORKS CONTRACTOR 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 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 16. 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 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 17. 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 the following 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 this document.

-15-

ARTICLE 18. 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 19. SUBMISSION OF SEALED BIDS

A. Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Public Works Department of the City before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered.

No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened.

Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery.

ARTICLE 20. OPENING OF BIDS

At the time and place set for the opening and reading 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 read. The City will leave unopened any Bid received after the specified date and time, and it will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified.

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

A. The name and business location of the bidder.

B. The nature and amount of the bid security furnished by bidder.

C. The bid amount.

Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids.

-16-

The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

ARTICLE 21. WITHDRAWAL OF BID

Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. 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 22. 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. No person, firm, corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.

ARTICLE 23. 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.

ARTICLE 24. 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 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 25. 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.

-17-

ARTICLE 26. INSURANCE REQUIREMENTS

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

ARTICLE 27. 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 28. 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 29. PERMIT AND INSPECTION FEE ALLOWANCE

A City Encroachment Permit may be required at no cost to the contractor.

ARTICLE 30. FILING OF BID PROTESTS

Bidders may file a “protest” of a Bid with the City’s Capital Improvement Project Manager. 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;

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 Director of Public Works or designee, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. A written decision will be provided 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

-18-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 31. 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 Base Bid Price plus Bid Alternate 1.

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.

The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, to award the contract based on any combination of bid schedule line items, locations, or portions thereof, in the best interest of the City and as budget allows. No bidder shall have any claim on account of the City’s exercise of this discretion, or to waive inconsequential defects in bidding not involving time, price, or quality of the work. The City may waive any minor irregularities in the bids.

Any bid may be withdrawn prior to bid opening but not afterward.

ARTICLE 32. 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. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.

ARTICLE 33. 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 34. QUESTIONS

Questions regarding this Notice Inviting Bids may be directed to Theresa Wren, Capital Improvement Project Manager, (805) 473-5441 or email at twren@arroyogrande.org. No other 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.

BID FORMS

-19-

00 41 43 – BID FORMS

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: FY 2026 STREETS OVERLAY PROJECT (PW 2025-01)

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.

1. Attached is the required Bid Guarantee in the amount 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 complete Iran Contracting Act Certification form.

5. Attached is the completed Fleet Compliance Certification form.

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

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

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

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.

In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

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.

-20-

A. BID SCHEDULE - FY 2026 STREETS OVERLAY PROJECT (PW 2025-01)

BASE BID

SECTION A: PERTAINS TO PLANS PREPARED BY PAVEMENT ENGINEERING INC.

*NOTE: In case of error in extension of price into the total price column, the unit price will govern.

**NOTE: Payment Reference refers to the section in the Standard Specifications, with modifications in the Special Provisions, that describe required work.

BIDDER NAME: ______________________________________________________________

ITEM

NO.

BID ITEMS

**PAYMENT

REFERENCE

UNIT

TOTAL

QUANTITIES

UNIT PRICE *TOTAL COST

A1 Mobilization, Bonds & Insurance 9-1.12 LS 1

A2 Notification of Residents, Businesses & Agencies 12-4.01D LS 1

A3 Traffic Control 12-3.01D LS 1

A4 Storm Water Pollution Control Program 13-1.04 LS 1

A5 3/8" HMA-SP50 Type A (PG 64-10) 39-2.02D TN 3,912

A6 1/2" HMA-SP50 Type A (PG 64-10) 39-2.02D TN 7,200

A7 1/2" HMA-SP85 Type A (PG 64-10) 39-2.02D TN 3,512

A8 Remove & Replace 4" HMA 39-3.04D SF 24,764

A9 Remove 5-3/4" to 4" & Replace 4" HMA 39-3.04D SF 6,870

A10 Remove & Replace 6" HMA 39-3.04D SF 43,356

A11 Remove & Replace 7" HMA 39-3.04D SF 40,706

A12 Remove & Replace 8" HMA 39-3.04D SF 2,250

A13 Remove & Replace 9" HMA 39-3.04D SF 6,288

A14 6" Deep Lift StabIlization (Allowance) 39-3.04D SF 7,085

A15 Remove & Replace Speed Hump 39-3.04D EA 10

A16 Cold Plane & Remove 2-1/2" 39-3.04D SF 24,766

A17 Keycut A1 (See Plan and Detail) 39-3.04D LF 76,705

A18 Keycut A2 (See Plan and Detail) 39-3.04D LF 1,307

A19 Keycut A3 (See Plan and Detail) 39-3.04D LF 3,598

A20 Keycut B1 (See Plan and Detail) 39-3.04D LF 1,722

A21 Keycut B2 (See Plan and Detail) 39-3.04D LF 150

A22 Keycut B3 (See Plan and Detail) 39-3.04D LF 226

A23 Remove & Replace / Install HMA Dike, Type A 39-3.04D LF 3,468

A24 Remove & Replace / Install HMA Dike, Type E 39-3.04D LF 347

-21-

BIDDER NAME: ______________________________________________________________

ITEM

NO.

BID ITEMS

**PAYMENT

REFERENCE

UNIT

TOTAL

QUANTITIES

UNIT PRICE *TOTAL COST

A25 Remove & Replace / Install HMA Rounded Dike 39-3.04D LF 550

A26 Install Shoulder Backing 19-9.04 LF 161

A27 Remove & Replace PCC Curb & Gutter 90-1.04 LF 314

A28 Remove & Replace PCC Sidewalk 90-1.04 SF 3261

A29 Remove & Replace PCC Spandrel 90-1.04 SF 2805

A30 Remove & Replace PCC Cross Gutter 90-1.04 SF 684

A31 Construct PCC Retaining Curb 90-1.04 LF 386

A32 Install Detectable Warning Surface 90-1.04 SF 228

A33 Relocate Sign Post 82-3.04 EA 3

A34 Remove & Replace/Construct Type GO Inlet 90-1.04 EA 3

A35 Lower Manhole Cover 15-1.04 EA 46

A36 Lower Gas Valve Cover 15-1.04 EA 2

A37…