Item6_Award_Contract_2295-18_25-5-27 — Grover Beach City Council, May 27, 2025

Agenda Item No. 6

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: May 27, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Erin Wiggin, CIP Manager
SUBJECT: Award of Construction Contract for CIP Project 2295-18 Measure K14 Street Maintenance Project

RECOMMENDATION
Award a contract for construction of CIP Project 2295-18 Measure K-14 Street Maintenance Project to Pavement Coatings, Co. in the amount of $853,827.00 for the Base Bid; authorize the City Manager to sign and affirm change orders up to an aggregate of $100,000; and authorize the Mayor to execute the contract on behalf of the City.

BACKGROUND
In November 2014, voters approved Measure K-14 which authorizes the sale of up to $48 million in bond funds for repair of residential streets. The first 16 Measure K-14 funded projects are complete and have provided comprehensive maintenance and repair of nearly 320 City blocks, which represents over 70% of all local City streets. Light maintenance work is important to extend the life of streets that are in good condition but will fall into disrepair if not addressed. Studies show that preventative maintenance projects can save money and maintain roadways in serviceable condition. Such work is recommended every 7 to 12 years.

As part of this project, a micro-surface will be applied to the affected streets which extends the serviceable life of the street by re-establishing the wear surface and sealing the street from continued water damage. This project also includes localized dig outs. Most of the street segments included in this project previously received slurry seal applications as part of an initial Measure K-14 street repair project in 2016. Staff would note that the light maintenance work with this project is different from the street repair and rehabilitation typically done with Measure K-14 projects including the work proposed under the pending CIP 2295-17 project on hold given underlying sewer upgrade work needed.

CIP 2295-18 includes work on over 64 street segments as shown in Attachment 3. Bids were opened on May 8, 2025. The City received three bids as shown in Attachment 1 ranging from $853,827.10 to $1,050,129.91 compared with the Engineer’s Estimate of approximately $1,518,070 which was based on costs on similar projects in other cities. The lowest responsive and responsible bidder is Pavement Coatings Co., with a bid of $853,827.10. Staff has completed a review of their qualifications and capability to complete the project and is recommending the Council award the construction contract to them. Pending award of contract, the contractor will begin the work this summer.

Staff Report: Award of Construction Contract CIP 2295-18 Measure K-14 Page 2 May 27, 2025

FISCAL IMPACT
The project is funded with Measure K-14 funds. The project construction cost includes the lowest bid plus contingency as identified above for a total of $953,827.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Award a contract for the construction of CIP 2295-18 to Pavement Coatings Co., in the amount of $853,827 for the Base Bid; authorize the City Manager to sign and affirm change orders up to an aggregate of $100,000; and authorize the Mayor to execute the contract on behalf of the City; or

2. Delay award of the project and provide additional direction to staff; or

3. Reject all bids, modify the project, and re-advertise for bids as soon as possible.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Contract

2. Bid results

3. Project map

CITY OF GROVER BEACH
County of San Luis Obispo
State of California

NOTICE TO BIDDERS

SPECIAL PROVISIONS

PROPOSAL AND

CONTRACT
for
MEASURE K-14 STREET MAINTENANCE PROJECT
CIP 2295-18
April 15, 2025
Bids Open: Thursday, May 8, 2025 @ 2:00 p.m.

Approved:

April 15, 2025__
Gregory A. Ray, P.E., Director of Public Works Date
RCE 58186
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E Attachment 1 1 | P a g e Measure K-14, CIP 2295-18

TABLE OF CONTENTS

SECTION PAGE
NOTICE TO BIDDERS................................................................................................................. 1-3 REQUIRED BID FORMS ............................................................................................................. 5-19 PROPOSAL......................................................................................................................

BID INFORMATION..........................................................................................................

BID QUANTITIES.............................................................................................................

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION.............................................

NONCOLLUSION AFFIDAVIT..........................................................................................

DEBARMENT AND SUSPENSION CERTIFICATION ......................................................

LIST OF SUBCONTRACTORS ........................................................................................

QUESTIONNAIRE............................................................................................................

BID FORM........................................................................................................................

BIDDER’S BOND..............................................................................................................

PROJECT REFERENCES................................................................................................

CONTRACT FORMS ................................................................................................................... 20-28 GUARANTY......................................................................................................................

CONTRACT......................................................................................................................

SPECIAL PROVISIONS .............................................................................................................. 29-63 SECTION 1. SPECIFICATIONS AND PLANS ..................................................................

SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS ....................................

SECTION 3. AWARD AND EXECUTION OF CONTRACT ...............................................

SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION,

LIQUIDATED DAMAGES, HOURS OF WORK, NIGHT WORK,
AND SCHEDULED SUSPENSION...............................................................

SECTION 5. GENERAL....................................................................................................

SECTION 6. MEASUREMENT AND PAYMENT...............................................................

SECTION 7. REFERENCE INFORMATION .....................................................................

SECTION 8. MATERIALS.................................................................................................

SECTION 9. DESCRIPTION OF WORK...........................................................................

SECTION 10. TECHNICAL SPECIFICATIONS ................................................................

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 2 | P a g e Measure K-14, CIP 2295-18
City of Grover Beach
State Of California
- - - - - - - - - - - - - - -

NOTICE TO BIDDERS
Sealed bids will be received by the City Clerk of the City of Grover Beach (“City”) at the City Clerk’s Office at 154 South 8th Street, Grover Beach, CA 93433 until 2:00 p.m. on the clock designated by the Owner or its representative as the bid clock, on Thursday, May 8, 2025. No bid will be accepted by the Owner after this time. Facsimile (FAX) copies of the bid will not be accepted. Promptly thereafter, all bids that have been duly received will be publicly opened and read aloud for furnishing to said City all labor, materials, equipment, transportation, services and supplies necessary to construct and complete the construction of the:

MEASURE K-14 STREET MAINTENANCE PROJECT, CIP 2295-18
General Work Description: In general, the Base Bid Work shall include micro surfacing approximately 90 blocks of existing asphalt concrete roadway segments, dig outs, crack sealing, and striping. Work ancillary to this maintenance treatment includes, but is not limited to, project management and controls activities, mobilization activities, public notification and interaction activities, protection and of existing utility covers, replacement of striping and markings, traffic control, and providing construction survey services, and survey monument protection.

The estimated opinion of probable construction cost for this Base Bid Work is approximately $1,520,000.

Conditions of Submitting a Bid: Bids are required for the entire Work described herein.

The Contractor shall possess a Class A license at the time this Contract is awarded through Contract acceptance and all applicable warranty periods.

The Contractor and all subcontractors will be required to obtain a City Business Tax Certificate by the time the Contract is awarded.

This Contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990.

The successful bidder will be allowed to substitute securities or establish an escrow in lieu of retainage, pursuant to Public Contract Code Section 22300, and as described in the Agreement Between Owner and Contractor and General Conditions.

Notice to Bidders, Plans, Special Provisions, and Proposal Forms may be inspected at the Public Works Office in Grover Beach, California, and copies of said documents may be obtained on the City’s website at https://www.grover.org/Bids.aspx. No bid will be received unless it is made on a Proposal Form furnished by the City. Bids received via FAX will not be considered.

Each bid shall be accompanied by cash, certified or cashier’s check, or bidder’s bond for not less than ten percent (10%) of the amount of the base bid, made payable to the City.

The lowest bid shall be determined on the amount of the base bid.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project available from the California Department of Industrial Relations’ Internet web site at Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 3 | P a g e Measure K-14, CIP 2295-18
http://www.dir.ca.gov/OPRL/PWD/. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

For all projects over Twenty-Five Thousand Dollars ($25,000), a contractor or subcontractor shall not be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104 unless currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code. For all projects over Twenty-Five Thousand Dollars ($25,000), a contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work and proof of registration is provided.

Notice is also hereby given that any or all bidders may be required to furnish a sworn statement of their financial responsibility, technical ability and experience before award is made to any particular bidder.

The Contract Time shall be Thirty (30) calendar days, and liquidated damages for delay shall accrue.

Bidders shall contact the City’s Department of Public Works office at [email protected] the day prior to bid opening to obtain any bidding addenda information. Submittal of a signed bid shall be evidence that the Bidder has obtained this information and that the bid is based on any changes contained therein.

Submittal of Bidder’s Inquiries: Inquiries or questions based on alleged patent ambiguity of the plans, specifications or estimate must be communicated as a bidder inquiry prior to bid opening.

Pursuant to the Contract Documents, the successful bidder will be required to furnish a Payment (Labor and Material) Bond in the amount of one hundred percent (100%) of the Contract Sum, and a Faithful Performance Bond in the amount of one hundred percent (100%) of the Contract Sum.

Bidder’s inquiries shall be submitted in writing via e-mail to the City of Grover Beach, Public Works Department, at [email protected]. The cutoff time that the City will accept bidder’s inquiries is 5:00 p.m. on the fifth City business day prior to the bid opening date. The City will respond to bidder’s inquires via bidding addenda. Any such inquiries, submitted after the cutoff time of receiving bidder’s inquiries, will not be treated as a bid protest.

Bid Submittal Instructions: On the outside of the bid envelope the Bidder shall indicate the following:

1. Name and Address of Bidder

2. Name of project on which bid is submitted

3. Date and time of bid opening
The right is reserved by the City to reject any or all bids and to evaluate the bids submitted. The City further reserves the right to waive any informalities or minor irregularities in the bid.

No bidder may withdraw his bid for a period of sixty (60) working days after the date set for the opening thereof.

Dated this 15th day of April 2025, at the City of Grover Beach, California.

City of Grover Beach

STATE OF CALIFORNIA
Gregory A. Ray, P.E.

Public Works Director/City Engineer
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 4 | P a g e Measure K-14, CIP 2295-18
First Publication: April 17, 2025, in The New Times
Second Publication: April 24, 2025, in The New Times
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E

REQUIRED BID DOCUMENTS
A complete bid shall include the following BID DOCUMENTS:
l/1'
~ ......---;
............ .
.,..........- .
~ - .,.,,,,,,-■
■
•
■

BID FORM

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATIONS

NONCOLLUSION AFFIDAVIT

DEBARMENT AND SUSPENSION CERTIFICATION

LIST OF SUBCONTRACTORS

QUESTIONNAIRE

BIDDER'S BOND OR OTHER SECURITY

PROJECT REFERENCES

GUARANTY

IRAN CONTRACTING ACT FORM

PROOF OF REGISTRATION WITH DIR
SI Page Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E (Because some colored inks will not reproduce in copy machines, please use black ink to complete this proposal.)

BID FORM
for
MEASURE K-14 STREET MAINTENANCE PROJECT, CIP 2295-18
The Work shall be constructed in accordance with the State of California Department of Transportation Standard Specifications dated 2010 ("Standard Specifications"), except as modified by these Special Provisions, the Construction Drawings, the City of Grover Beach Standard Drawings and the Contract annexed hereto. In the absence of specific standards referenced in the foregoing, water system work and materials shall comply with AWWA Standards. Labor Surcharges and the Equipment Rental Rates and General Prevailing Wage Rates of the STATE OF CALIFORNIA, Business and Transportation Agency, Department of Transportation shall apply to all work except as modified herein.

This Bid Form is submitted with respect to the changes to the Contract included in addenda number/s N ( P\ (Fill in addenda numbers if addenda have been received).

GI Pa ge Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 7 | P a g e Measure K-14, CIP 2295-18
BID FORM (cont.)
Bid Information
Bids are submitted for the entire Work. The amount of the bid for the entire Work will be the total of all of the subtotals for line items.

The subtotal of each line item will be determined by multiplying the unit price bid for the item by the estimated quantity for the item. The Bidder shall set forth for each line item of Work, in clearly legible figures, a unit price and a subtotal price for that item in the respective spaces provided for this purpose.

In case of discrepancy between the unit price for an item and the subtotal set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, then the subtotal amount set forth in the "Item Total" column for the item shall prevail in accordance with the following:

1. As to lump sum items (in other words, the estimated quantity is one), the subtotal amount set forth in the "Item Total" column shall be the item price.

2. As to unit price items (in other words, the estimated quantity is more than one), the subtotal amount set forth in the "Item Total" column shall be divided by the estimated quantity for the item, and the resulting price shall be the unit price.

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

The BASIS OF AWARD of the Contract will be the lowest, responsive, and responsible “BASE BID AMOUNT” (see below). The City, at its sole discretion, may or may not elect to award the contract, and may or may not elect to include any Alternate Bid Scopes in the contract.

If this bid shall be accepted and the undersigned shall fail to enter into the Contract, to provide the certificate(s) of insurance and endorsement(s) as required by these Special Provisions, and to give the specified Payment Bond and Performance Bond with a surety that is satisfactory to the City, within ten (10) days, not including Saturdays, Sundays and legal holidays, after the Bidder has received notice from the City that the Contract has been awarded, the City may, at its option, determine that the Bidder has abandoned the Contract, and thereupon this bid and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this bid shall operate and the same shall be the property of the City.

The undersigned, as Bidder, declares under penalty of perjury that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the Work, the annexed proposed form of contract and the plans therein referred to; and he proposes, and agrees, if this bid is accepted, that he will contract with the City in the form of the copy of the Contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the Work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment the prices below.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 8 | Page Measure K-14, CIP 2295-18
BID FORM (cont.)
Bid Quantities and Bid Amounts
for the
MEASURE K-14 STREET MAINTENANCE PROJECT, CIP 2295-18
ITEM
NO. ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL ITEM COST 1 MOBILIZATION 1 LS 75,500.00 74,500.00
2 PHOTO DOCUMENTATION 1 LS 1,500.00 1,500.00
3 TRAFFIC CONTROL SYSTEMS 1 LS 132,000.00 132,000.00
4 CONSTRUCTION SCHEDULE 1 LS 2,500.00 2,500.00
5 PUBLIC NOTIFICATIONS 1 LS 5,000.00 5,000.00
6 WATER POLLUTION CONTROL PROGRAM 1 LS 3,000.00 3,000.00 7 6-INCH HOT MIX ASPHALT (HMA) SECTION 7,910 SF 9.50 75,145.00 8 CRACK TREATMENT 2 LNMI 9,500.00 19,000.00
9 MICRO-SURFACING (TYPE II) 182,726 SY 2.50 456,815.00
10 THERMOPLASTIC PAVEMENT STRIPE (CA
MUTCD DETAIL 2) 3,118 LF 1.25 3,897.50
11 THERMOPLASTIC PAVEMENT STRIPE (CA
MUTCD DETAIL 15) 200 LF 10.35 2,070.00
12 THERMOPLASTIC PAVEMENT STRIPE (CA
MUTCD DETAIL 21) 2,577 LF 2.55 6,571.35
13 THERMOPLASTIC PAVEMENT STRIPE (CA
MUTCD DETAIL 27B) 6,059 LF 1.25 7,573.75
14 THERMOPLASTIC PAVEMENT STRIPE (CA
MUTCD DETAIL 38A) 275 LF 2.30 632.50
15 THERMOPLASTIC PAVEMENT STRIPE (CA
MUTCD DETAIL 39) 6,716 LF 1.25 8,395.00
16 THERMOPLASTIC PAVEMENT STRIPE (CA
MUTCD DETAIL 39A) 1,700 LF 1.25 2,125.00
17 THERMOPLASTIC PAVEMENT STRIPE (CA
MUTCD DETAIL 40) 1,400 LF 1.25 1,750.00
18 THERMOPLASTIC PAVEMENT STRIPE (12"
LIMIT LINE) 2,140 LF 3.60 7,704.00
19 THERMOPLASTIC PAVEMENT MARKING
(YELLOW CROSSWALK) 8 EA 1,060.00 8,480.00
20 THERMOPLASTIC PAVEMENT MARKING
("STOP" LEGEND) 124 EA 129.00 15,996.00
21 THERMOPLASTIC PAVEMENT MARKING
("AHEAD" LEGEND) 11 EA 155.00 1,705.00
22 THERMOPLASTIC PAVEMENT MARKING
(YELLOW "AHEAD" LEGEND) 2 EA 155.00 310.00
23 THERMOPLASTIC PAVEMENT MARKING
(YELLOW "SLOW" LEGEND) 3 EA 129.00 387.00
24 THERMOPLASTIC PAVEMENT MARKING
(YELLOW "SCHOOL" LEGEND) 8 EA 155.00 1,240.00
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 9 | Page Measure K-14, CIP 2295-18
ITEM
NO. ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL ITEM COST 25 THERMOPLASTIC PAVEMENT MARKING
(YELLOW "XING" LEGEND) 5 EA 129.00 645.00
26 THERMOPLASTIC PAVEMENT MARKING ("25"
LEGEND) 2 EA 103.00 206.00
27 THERMOPLASTIC PAVEMENT MARKING ("30"
LEGEND) 6 EA 103.00 618.00
28 THERMOPLASTIC PAVEMENT MARKING ("35"
LEGEND) 1 EA 103.00 103.00
29 THERMOPLASTIC PAVEMENT MARKING
(ARROW TYPE IV L/R) 8 EA 129.00 1,032.00
30 THERMOPLASTIC PAVEMENT MARKING
(ARROW TYPE VII L/R) 1 EA 155.00 155.00
31 PAINT PAVEMENT MARKING (BIKE LANE
LEGEND AND ARROW) 37 EA 103.00 3,811.00
32 PAINT PAVEMENT MARKING ("COMPACT"
LEGEND) 5 EA 129.00 645.00
33 PAINT PAVEMENT MARKING (ADA PARKING
DOUBLE STALL) 1 EA 627.00 627.00
34 PAINT PAVEMENT MARKING (ADA PARKING
SINGLE STALL) 1 EA 627.00 627.00
35 PAINT PAVEMENT MARKING (4" PARKING
LINES) 585 LF 2.00 1,170.00
36 REMOVE AND RESET EXISTING PCC PARKING
BUMPER 45 EA 78.00 3,510.00
37 REMOVE AND REPLACE PCC PARKING
BUMPER 1 EA 156.00 156.00
38 REMOVE AND REPLACE RUMBLE STRIP
(BOTTS' DOTS) 250 EA 2.50 625.00
39 BLUE RPM'S AT FIRE HYDRANT 110 EA 10.00 1,100.00
Total $853,827.10
Notes:

1. (F) denotes Final Pay per Caltrans Standard Section 9-1.02C.

2. Lump Sum items shall provide Schedule of Values per Caltrans Standard Section 9-1.16B unless directed otherwise by the Engineer.

TOTAL BASE BID AMOUNT (the total of all of the subtotals for the line items above):
$853,827.10
(In Figures)
eight hundred fifty-three thousand eight hundred twenty-seven dollars and ten cents (In Words)
Bid amount of each of the above bid items must be filled in and completed in ink. In the event of a conflict between numbers given in figures and in words, the words shall control. In the event of a conflict between a unit price for an item and the subtotal for that item, the unit price shall control, and the City shall correct the subtotal for that item and the Total Base Bid Amount.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E BID FORM (cont.)
Iran Contracting Act Certification
(Public Contract Code sections 2202-2208)
As required by Public Contract Code ("PCC") section 2204 for contracts of $1,000,000 or more, please insert bidder's or financial institution's name and Federal ID Number (if available) and complete one of the options below. Please note that California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (PCC §2205.)
OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the bidder/financial institution identified below, and the bidder/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by California Department of General Services ("DGS") and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/bidder, for 45 days or more, if that other person/bidder will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. (PCC §2204(a).) Name/Financial lnsti
Pavement Coa t i
Printed Name and
Federal ID Number (or nla) 95- 2916670
J ames Wu - Vice President
I Executed in Jurupa Va lley , CA
OPTION #2 - EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a bidder/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, pleas~ fill out the information below, and attach documentation demonstrating the exemption approval.

Bidder Name/Financial Institution (Printed) Federal ID Number (or n/a) By (Authorized Signature)
Printed Name and Title of Person Signing FCv-- ,l=d
10 I Page Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E BID FORM {cont.)
Additional Required Information
The names of all persons interested in the foregoing proposal as principals are as follows (if the Bidder or other interested person is a corporation, state legal name of corporation, and the names of the President, Secretary, Treasurer and Manager, thereof; if a co-partnership, state true name of firm, and the names of all individual co-partners composing firm; and if an individual, state first and last names in full):

Tim Schmid - Pr esi dent
James Wu - Vi ce Pr e s ident
Tom Muce n ski - Secret ary
Rick Yauney - Treasurer
Licensed in accordance with an act providing for the registration of contractors, said license being in good standing as of the date of this bid. License No: 3 o 3 6 o 9 Class: A , c - 32 Expiration Date: 9no1 20 ~6 California Department of Industrial Relations (DIR), Registration No. 10 0 0 0 0 3 3 8 2 lllPage Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E BID FORM (cont.)
Signatures
All statements in this Bid Form and the other documents submitted with the Bid Form are made under penalty of perjury.

NOTE: If Bidder is a corporation, the legal name of t corporati shall be set forth above together with the signature of the officer or officers authorized to si contra on behalf of the corporation; if Bidder is a co-partnership, the true name of the firm shall be set ove together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if Bidder is an individual, his signature shall be placed above. If signature is by an agent other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City of Grover Beach prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.

Business Address: 10240 San Sevaine Way , Jurup a Valley CA 91752 [email protected]
Telephone Number: ( 714 ) 826 - 3011 Email: ________ -=.__ _ _ _ Place of Business: 10240 San Sevaine Wa y, Jurup a Valley CA 91752 Place of Residence: 10240 San Sevaine Way , Jurup a Valley CA 91752 Dated: ___ IJ........,'4'--;l'll.___--=-t,_, 20 ZS-
/
12 I P a g e Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On May 6th, 2025 before me, _ _ T_r""' is'"""h"""a_V_a'"""n""'d"""' e_r"""' S_lu'"""is"'""''"""N_o.;_t"""a'""ry'"""P_u.;_b_l_ic _ ______ _ Date Here Insert Name and Title of the Officer
personally appeared __________ T_o_m_ M_u_c_e_ns_k_i ___________ ___ _ Name(/;) of Signer(/;)
who proved to me on the basis of satisfactory evidence to be the person(.s) whose name(t) is/a're subscribed to the within instrument and acknowledged to me that he/sYie/th'ey executed the same in his/her/their authorized capacity(ies), and that by his/h.er/th.eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
•RISHA VANDER SLUIS
Nct3ry Pub,ic - Ca :tfor~ia
Riverside Cc~nt'1 ~ Coriimission !/ 23,0925
My Cc,.-.,-., Expires Jan 16, 2026
Place Notary Sea/ Above
Signatur~~ ~ :'.:)
Signature of Notary Public
---------------oPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _________ ____ Document Dat.:::,e;... : ..-,:::: _____ _ _ Number of Pages: ___ Signer(s) Other Than Named Above: ---::;:..,....~---------- Capacity(ies) Claimed by Signer(s)
Signer's Name: _ __________ _ r's Name: ________ _ _ __ _ D Corporate Officer - Title(s): ------::,,.c. D Corporate Officer - Title(s): _ _____ _ D Partner - D Limited D General n Partner - [J Limited =i General D Individual D Attorney in Fa r ] Individual D Attorney in Fact D Trustee D Guardia onservator lJ Trustee D Guardian or Conservator D Other: _______________ _ D Other: _ ___ ___ _ ___ _ __ _ Signer Is Represent' Signer Is Representing: _ _ ______ _ ©2014 ational Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On _____ M_a~y~ 6_th_,_2_0_2_5 before me, _ _ I~r~is_h_a_V~a~d_-r~S-~w~is .... ,~N~o~t_a..,.ry ..... P~u_b=lic..___ _ ____ _ Date Here Insert Name and Title of the Officer
personally appeared _______ _ _ __,J=a=m'--'-e=s"'--'-W-'-=u _____ _______ ___ _ Name(,) of Signer(p)
who proved to me on the basis of satisfactory evidence to be the person(1>) whose name(,) is/.,e subscribed to the within instrument and acknowledged to me that he/s~e/ttyey executed the same in his/h,er/tt\eir authorized capacity(i¢s), and that by his/h,er/th,eir signature($) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. ········1 TRISHA VAMDER SLUIS
Notary Public • California :

Riverside County ~
Commission ii 2390925
y Comm. Expires Jan 16, 2026
Place Notary Sea/ Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature j ,vMM.if ~'j
Signature of Notary Public
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ____________ _
Number of Pages: ___ Signer(s) Other Than Named Above: ---=,.,..:::;.---- - ---- Capacity(ies) Claimed by Signer(s)
Signer's Name: _ __________ _ Signer' me: ___________ _ □ Corporate Officer - Title(s): ______ _ rporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General LJ Partner - n Limited =i General □ Individual □ Attorney in Fact 1 Individual D Attorney in Fact □ Trustee D Guardian or C u Trustee D Guardian or Conservator D Other: - - -------::.-,,,,c;-- ----- n Other: _____________ _ Signer Is Representing: _ _______ _
• nal Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION - BIDDER
The Bidder Pa ent Coatings Co.
hereby certifies that he X (has as not) ___ , participated in a previous contract or subcontract subject to the equal oppo I y clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1 .?(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Bl P age Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION - SUBCONTRACTOR Proposed Subcontractor * *as listed on Page 17 of Proposal** , hereby certifies that he )( Q§,0,as not) ___ , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.?(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.?(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
14 I Page Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 15 | P a g e Measure K-14, CIP 2295-18
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of Grover Beach, DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code Section 7106 the Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of theBid. Signing the Bid Form on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining Bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of theBid. Signing the Bid Form on the signature portion thereof shall also constitute signature of this Certification.
16 I P a g e Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E The Bidder shall list the name and address of each subcontractor required to be listed by the provisions in "Subcontracting and Superintendence," of the Special Provisions, to whom the Bidder proposes to subcontract portions of the Work. .---.--1•

LIST OF SUBCONTRACTORS
In accordance with the provisions of Section 4100 et. seq. of the California Public Contract Code, the Bidde1 shall, in its bid, list the name, the location of the place of business, the California contractor license number, --- and the public works contractor registration number issued pursuant to Section 1725.5 of the California Labor Code, of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

In accordance with Special Provisions section 5.13, the amount of Work to be performed by subcontractors may not exceed seventy percent (70%) of the total Work, as measured by dollars.

License No. CA Dept. of Work to be
Name and Address and Industrial Subcontracted Subcontracted Relations Bid Item/ $ Amount Classification (DIR) No. Description L""' ~ -... ~ ~ c..o,......, ~o,..;c-- ~ ~,~1.occs ~ a --~<=\

1. '1,SO Sc:>->~ '-" .,o.~ ~'1(. 'l.: \ \'o,, ") 0 c- :b \ c..-~1.. \ 000000 ~ 0 '° ~,--~~-~ ~ ~ ~'\.cc,~on.~"-c.,....., C P., ~'l. ~''-"
\
,o-.Jo.\
o ...... "')( ~o......r,~ c-vc-~ -.,-.,:,, \.o~o~o ' ~\ \ 1.6'\0 ~. L c- C,, ~ 1:,~ oco .. ~.,-., "°", f\-,<:. \00000 \...\1C\8 'Sf'°"~~~ c... 1::.o~ 'n·-o '"'°"~~ • CP-., C\ 1.'60 l,,. ~ , C-\'L I\S~NJ. \-\ ~ e'oo.\ 'i..oo.~ 'ic.o.'=-~ ,.,,c. ,,s, S8 \.\ s \ ~ .oco \O\,p'-'\. ~c..c----~ Pn,c.., t\ \ e,-,o , v"?>1. \OOC.00 \ "\\\_\
s~ ........ ~-c--, C-\'=\., C\e:>~C:> tro-v\L. St.~\
Do not list alternative subcontractors for the same work. 17 IP age Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E

QUESTIONNAIRE
The Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local government project because of a violation of law or a safety regulation? YES D NO 1Z1
If the answer is yes, explain the circumstances in the following space.

NOTE: This questionnaire constitutes a part of the Bid and signature on the signature portion of the Bid Form shall constitute signature of this questionnaire.
18 I Page Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E I .

BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, That we Pavement Coatings Co. as PRINCIPAL, and The Ohio Casualty Insurance Company , as SURETY, are held and firmly bound unto the City of Grover Beach, in the penal sum of TEN PERCENT (10%) of the TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City, aforesaid, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH , That whereas the Principal has submitted the above mentioned bid to the City of Grover Beach, aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the office of the City Clerk, City of Grover Beach, 154 South 8th Street, Grover Beach, CA, 93433, (805) 473-4530, at 2:00 p.m., on Thursday, May 8, 2025, for Measure K-14 Street Maintenance Project, CIP 2295-18.

NOW, THEREFORE, If the aforesaid Principal is awarded the Contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters int o a written contract, in the prescribed form, in accordance with the bid, and files two (2) bonds with the Cfty, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. - •
IN WITNESS WHEREOF, We have hereu n this _ 5_ day of
May , AD., 20 ~ -
--,""--------C_o_a_t_i_n~s_C_o_. __ (SEAL) 0 _ .1 Principal --=.'£J.~'A+tf=.rv.i't--...'Jll--~ ~ ~""'-=---¥--- (SEAL) _B_ri-=-g_id_L_o....c.p_e_z_, A_tt_o_r_n_ey"--_in_-_F_ac_t ____ (SEAL) The Ohio Casualty Insurance Company (SEAL)
Surety
NOTE: Signatures of those executing for the surety must be properly acknowledged. 19 I Pa g e Measure K-14, CIP 2295-18
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On May 6th, 2025 before me, __ T .... r ... is .... b ... a .... V ........ an...,.d ... e .... r'""'S .... l .... u .... is ..... ,..... N .... o....,t .... a""'ry.__._P .... u.... b....,lic..__ _ _____ , Date Here Insert Name and Title of the Officer
personally appeared ---- -----~J~a~m~e~s~ W~u ____________ ___ _ Name(f) of Signer(p)
who proved to me on the basis of satisfactory evidence to be the person~) whose name($) is/~e subscribed to the within instrument and acknowledged to me that he/sYJe/ttyey executed the same in his/h,er/t~ir authorized capaclty(i¢s), and that by his/h,er/th,eir signature(¢) on the instrument the person(¢), or the entity upon behalf of which the person(s) acted, executed the instrument. ••...... f

TRISHA VAHDER SLUIS
Notary Public - Ca lffornta
Riverside County !
Commission # 2390925
y Comm . Expires Jan 16, 2026
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature d · 'Vat&rJw 'DkM5
Signature of Notary Public
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended docume Description of Attached Document
Title or Type of Document: ------- ---~=--
Number of Pages: ___ Signer(s) Other Than
Capacity(ies) Claimed by Signer(s)
Signer's Name: - ------ -'7"r:::._ _ _ _ Signer's Name: ______ _ ____ _ D Corporate Officer - Title(s):~ ~-- ---
0 Partner - D Limited eneral
D Corporate Officer - Title(s): _ _____ _
[J Partner - n Limited ::J General
D Individual D orney in Fact r Individual D Attorney in Fact D Trustee Guardian or Conservator u Trustee D Guardian or Conservator D Other: _ ..,,,,_ ______ ______ _ [] Other: _ _______ ______ _ Signer Is R presenting: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On May 6th, 2025 before me, __ T_r_is'--h""'"a_V_a'--n"""'d"""'e_r_S_lu'--i""" s,._N_o.;_t;..;_a__. ry._P_ub_l_ic _______ _ Date Here Insert Name and Title of the Officer
personally appeared __________ T_o_m_ M_u_c_e_n_sk_i ______________ _ Name(~) of Signer(/;)
who proved to me on the basis of satisfactory evidence to be the person(.s) whose name(t) is/a're subscribed to the within instrument and acknowledged to me that he/sYie/tlfey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(t) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

TRISHA VP.NDER SLUIS WITNESS my hand and official seal.

Signature 1 V ~~ Signature of Notary Public
Hotart ?~t:,lc. Ca ,lfornia !
Rtvers1ce co~nty _
Commission :: 2390925
y Comm. Expires Ja~ 16. 2026
Place Notary Sea/ Above
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended docu t.

Description of Attached Document
Title or Type of Document: ----------::;;;,,~ --
Number of Pages: ___ Signer(s) Other Th
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _____ -,,,,,::.:..._ ___ _ Signer's Name: ____________ _ □ Corporate Officer - Title . ______ _ □ Corporate Officer - Title(s): ______ _ □ Partner - □ Limite General □ Partner - n Limited ::::J General □ Individual Attorney in Fact r Individual □ Attorney in Fact □ Trustee O Guardian or Conservator LJ Trustee □ Guardian or Conservator □ Other:~-------------- □ Other: _____________ _
Signe Signer Is Representing: ________ _
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ---.::.O=ra=n=g-=- e _________ _
On May 5, 2025 before me, -=E...,_ ve=t=t -=L=am"-"-"-'-,...,__ N_,_,,o"-"t=are...;.y_,P,_,u=b=h=·c'------------' Date Here Insert Name and Title of the Officer
personally appeared ---=B:..:r:..::ciga:i:..:d:....:L=-o-=-pr::...e:..:z=------------------------- Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(~ whose name(s) is/roiec subscribed to the within instrument and acknowledged to me that ~she/~ executed the same in ~ /her/fflOOCauthorized capacity~ and that by ffls/her/!beir signature(s) on the instrument the person(~. or the entity upon behalf of which the person(!} acted, executed the instrument. eeeeee e eJ
EVm LAM
Notary Public • California
Orange County f
Commission !f 2380930 -
Y Comm . Expires Oct 31 , 2025
Place Notary Sea/ Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my han
Signature of Notary Public
---------------oPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: - ---- ---------,,:;;;,,-'~
Number of Pages: _ __ Signer(s) Other Than
Capacity(ies) Claimed by Signer(s)
Signer's Name: - - --------::;,,..c:;...---- Signer's Name: ____________ _ 0 Corporate Officer - Title(su,·,e::_ _____ _ □ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited General □ Partner - □ Limited □ General □ Individual orney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator th : _______________ _ □ Other: _______ _______ _
Signer Is Representing: ________ _
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E ~Libert): \'P Mutual.

SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8208193-971991
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brian A.

McGoldrick, Brigid Lopez, Evett Lam, Marisella Rivera
all of the city of Placentia state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this~ day of June , 2022
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
i ___ . -- ., WM;r~·· .g~ .
--- ~ David M. Carey, Assistant Secretary _c: o- _ i w State of PENNSYLVANIA - ~ :::i County of MONTGOMERY ss § E ... ·- u - ..,_ ~ On this 21st day of June , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ Gl ~ ro Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ~@ ~ _:: therein contained by signing on behalf of the corporations by himself as a duly authorized officer. g! -_
Q)C1l ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c§ ~ en ..Q ~ '- --Commonwealth --------~ of Pennsylvania - Notary Seal ~ >-- (I) 0 Teresa Pastelta, Notary Public A---... i ~ ·n; - Montgomery eoonty (I/, ~ _ _ , I/ --i- ✓ I ... E 0 2 ~ _ Mycx,mmissionexp;res Marcl\28, 2025 By: ~ ~ .B Ql._ C C1l ., Coovnlssionnumber1126044 - -
(I)~ 1,.. ..._ ~ ,fl Member, Pennsytvama Assocoalion o1 Notaries I eresa Pastella, Notary Public ::: 0 c,(I) .,:'-?;.iRY ~./ oO
C1l~ ... ~
.g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ Cl\' OE.£: Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ({__ ~ - ro ._ 2 ARTICLE IV - OFFICERS: Section 12. Power of Attorney. 0 0 .E ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chainman or the President, and subject to such limitation as the Chainman or the =a ...- ;g u President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ~ ~ : ~ :~ ~I ai0::re:a~ii~~\h~o~d:;P:~:~iz:; ~::i::~~!~~;es~~~ye~~~~i~~n~i : ~~\:~~~: :i~i~-;~~!• ~~j~~t ~~ ~: ;:~: : es:~:~rt:1 i;!h~::;ia~~t ~=:~00::!1::J.• : ~;~ § ~ z i3 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the "!: l:l provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ % ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-intact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Ueweilyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the origi~al power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has no! been revof<ed . .

IN TESTIMONY WHEREOf', J have hereunto set my hand and affixed the seals of said Companies this __ 5 __ day of May , ~ - LMS-12873 LMIC OCIC WAIC Multi Co 02/21
By:=-L~m~ ....,,...,..,....=..,,.----,,......,...,......,,.,.....--,--------- Renee C. Llewellyn, Assistant Secretary Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E City/County
City of Ontario
303E. 8St.,Ontarto,CA91764
Los Angeles County
900 S. Fremont Ave, Alhambra,
CA 91803-1331
2022 Street Maintenance
stuny seal, cape seat & CDBG
Pavement Preservation JOC
RMOJOC6711
City of San DJeeo Sluny SOil G<oop 2124
2781 Camlntto Choltas, MS 44,
San D , CA92105
County of VenlUfa
800 S. Victoria Ave., Ventura,
CA93009
Ctty of Santee
10601 Magnolia Ave, Santee,
CA92071
City of Garden Grove
11222Atacla Parlcw"f,
Garden Grove, CA 92842
Pavement Resurfacing - Ojai /vea
Citywide Sluny seat and Roadway
Program 2023, CIP 2023-06
Arterial Streets Sluny seal Project 2023
PAVEMENT COATINGS CO.
10240 San Sevalne W"f, Jurupa Valley, CA 91752
Office (714) 826-3011 / Fax (714) 826-3129
Contract0f'$ License Number 303609; DIR 11000003382

PROJECT REFERENCES
Ducrtptlon of Work
Sluny seat Type II, Ill, AC Repairs, Crack sea~ Strtpln1, Slgnage, Traffic Loops, Utility Adjustments
Type Ill SlurrySOal, ARAM, Tree Trlmmln&, Crack Treatment, Asphalt Pa.in&, Type Ill Sluny sea~ Type II RAP Slurry sea~ AIIAM, Replacement of PCC Corti & Gutter, Splash Pad, Striping.

OriCln.Vf lnat
Contract Amount
$1,821,BBS I $1,810,139
Start/End Dates
9/12/2022 • 1/77/'Nl3
$1,951,761.26 / $1,896,060.76 511/2023 • 6123/2023
$5,453,874.87 / $5,252,204.31 814/2022 • 8/31/2023
Reason for Contract
Amount leln Different
Quantity Undemms
Reduced ConlnlCt Quantities
($135,000) Oil Index Credit and
Reduced Contract Quantttles
$1,785,907 / $1,661,537.70 8/8/2023 • 10/10/2023 Contract Bid ttems Resulting In Underruns
$3,691,633.87 /$3,944,145.82 7/17/2023 - 11/17/'Nl3
$4,643,865 / $4,561,240.14 6119/2023 • 8/31/2024
In contract quantlt~s
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 20 | P a g e Measure K-14, CIP 2295-18

PROJECT REFERENCES

Agency/Customer Name & ContactIndividual
Telephone Number
Street Address, City, State, ZipCode
Is this similar to the project being
bid?
Yes □ No □
Describe the services provided and how this project is
similar to that which is being bid:

Date project completed:

Was this contract for a public
agency?
Yes □ No □
Agency/Customer Name & ContactIndividual
Telephone Number
Street Address, City, State, ZipCode
Is this similar to the project being
bid?
Yes □ No □
Describe the services provided and how this project is
similar to that which is being bid:

Date project completed:

Was this contract for a public
agency?
Yes □ No □
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E City/County
City of Ontario
303E. 8St.,Ontarto,CA91764
Los Angeles County
900 S. Fremont Ave, Alhambra,
CA 91803-1331
2022 Street Maintenance
stuny seal, cape seat & CDBG
Pavement Preservation JOC
RMOJOC6711
City of San DJeeo Sluny SOil G<oop 2124
2781 Camlntto Choltas, MS 44,
San D , CA92105
County of VenlUfa
800 S. Victoria Ave., Ventura,
CA93009
Ctty of Santee
10601 Magnolia Ave, Santee,
CA92071
City of Garden Grove
11222Atacla Parlcw"f,
Garden Grove, CA 92842
Pavement Resurfacing - Ojai /vea
Citywide Sluny seat and Roadway
Program 2023, CIP 2023-06
Arterial Streets Sluny seal Project 2023
PAVEMENT COATINGS CO.
10240 San Sevalne W"f, Jurupa Valley, CA 91752
Office (714) 826-3011 / Fax (714) 826-3129
Contract0f'$ License Number 303609; DIR 11000003382

Customer Account Lookup
PWCR
[ 1000003382
Contractor Status
[ DIRApproved
CSLB
[ 303609
Business Phone
[ 9516821091
Login
https://services.dir.ca.gov/gsp?id=dir _public _form&table=x _ cdoi2 _ csm _portal_ customer_ account_lookup&sys _id=3c3cafa0c3cf4210cee47433e40131 f... 1 /4 Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 5/6/25, 11 :19 AM
Ext
Registration Start Date
[ 2023-07-01
Legal Entity Name
[ PAVEMENTCOATINGSCO.

Doing Business As (OBA}
[ PAVEMENT COATINGS CO.

Business Structure
[ Corporation
President
[ Timothy Schmid
Email
[ [email protected]
Registration End Date
[ 2026-06-30
Crafts
Parking and Highway Improvement
Address
Mailing Address
[ 10240SANSEVAINEWAY
Mailing Address - City
[ JURUPA VALLEY
1000003382 - PAVEMENT COATINGS CO.
https://services.dir.ca .gov/gsp?id=dir _public _form&table=x _ cdoi2 _ csm _portal_ customer_ account_lookup&sys _id=3c3cafa0c3cf4210cee47 433e40131 f. . . 2/4 Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 5/6/25, 11 :19AM
Mailing Address - State
CA
Mailing Address - Zip
[ 91752
Mailing Address - Country
[ United States of America
Physical Address
[ 10240SAN SEVAINEWAY
Physical Address - City
[ JURUPA VALLEY
Physical Address - State
tA
Physical Address - Zip
[ 91752
Physical Address - Country
[ United States of America
Related Lists
.R~gis.tr.ation.D.at~~-©
1000003382 - PAVEMENT COATINGS CO.
https://services.dir.ca .gov/gsp?id=dir _public _form&table=x_ cdoi2_ csm _portal_ customer_ account_lookup&sys _id=3c3cafa0c3cf4210cee47433e40131 f... 3/4 Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 5/6/25, 11 :19AM
Terms.&.Conditions
Privacy Policy
Disclaimer
Nondiscrimination.Notice
Accessibility
dir.ca.gov
1000003382 - PAVEMENT COATINGS CO.

Copyright 2024 State of California
https://services.dir.ca.gov/gsp?id=dir _public _form&table=x _ cdoi2 _ csm _portal_ customer_ account_lookup&sys _id=3c3cafa0c3cf 421Ocee47433e40131 f... 4/4 Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 21 | P a g e Measure K-14, CIP 2295-18

CONTRACT DOCUMENTS
The CONTRACT DOCUMENTS shall include, but not be limited to, the following:
▪ GUARANTY
▪ AGREEMENT
▪ BID FORM
▪ BID BOND
▪ NOTICE TO BIDDERS
▪ SPECIAL PROVISIONS
▪ CALTRANS 2010 STANDARD SPECIFICATIONS
▪ CITY STANDARD DRAWINGS AND SPECIFICATIONS
▪ PROJECT DRAWINGS AND SPECIFICATIONS
▪ PERFORMANCE BOND (form provided by City)
▪ PAYMENT BOND (form provided by City)
▪ Insurance Certificate(s) and Endorsement(s)
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 22 | P a g e Measure K-14, CIP 2295-18

PERFORMANCE BOND
Bond Number: ___________
KNOW ALL MEN BY THESE PRESENTS that we, ____________________, as Principal, and ___________________________, as Surety, are held and firmly bound unto the City of Grover Beach, in the County of San Luis Obispo, State of California, hereinafter called the “Owner,” in the sum of ___________________________________ Dollars ($______________) for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, to the Owner for the full performance of a certain contract with the Owner, the terms of which are incorporated herein by reference, dated _____________, 20___, for construction of the Measure K-14 Street Maintenance Project CIP 2295-18 (the “Contract”).

The condition of this obligation is such that, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term of said Contract and any extensions thereof that may be granted by the Owner, with or without notice to the Surety, and for the period of time specified in the Contract after completion for correction of faulty or improper materials and workmanship and during the life of any guaranty or warranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreement of any and all duly authorized modifications of said Contract that may hereafter be made, then this obligation is to be void, otherwise to remain in full force and virtue.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work, or to the specifications.

No further agreement between Surety and Owner shall be required as a prerequisite to the Surety performing its obligations under this bond. In the event that the Surety elects to complete the Work of the Contract after termination of the Contract by Owner, the Surety may not hire Principal, or any of Principal’s owners, employees, or subcontractors, to perform the Work without the written consent of Owner, and the Owner may grant or withhold such consent within its sole discretion.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this ________ day of __________________, 20__, hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(To be signed by )
(Principal and Surety, )
(and acknowledged and )
(Notarial Seal attached )
(Affix Corporate Seal)
________________________
(Individual Principal)
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 23 | P a g e Measure K-14, CIP 2295-18
________________________
(Business Address)
(Affix Corporate Seal) ________________________
(Corporate Principal)
________________________
(Business Address)
(Affix Corporate Seal) ________________________
(Corporate Surety)
________________________
(Business Address)
________________________
By:_____________________
________________________
The rate of premium on this bond is _____________ per thousand.

The total amount of premium charged is ______________________.

The above must be filled in by Corporate Surety.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 24 | P a g e Measure K-14, CIP 2295-18

PAYMENT BOND
(Labor and Material)
Bond Number: ______________
KNOW ALL MEN BY THESE PRESENTS:

That WHEREAS, the City of Grover Beach (the “Owner” of the public works contract described below) and ____________________________________, hereinafter designated as the “Principal,” have entered into a Contract for the furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to construct
the CIP 2295-18 Contract, at The City of Grover Beach which consists of Measure K-14 Street Maintenance work
which said agreement dated _________________, 20__, and all of the Contract Documents are hereby referred to and made a part hereof;
and
WHEREAS, the Principal is required, before entering upon the performance of the work, to file a good and sufficient bond with the body by whom the Contract is awarded to secure the claims arising under said agreement.

NOW, THEREFORE, THESE PRESENTS WITNESSETH:

That the said Principal and the undersigned ____________________________________ (“Surety”) are held and firmly bound unto all laborers, material men, and other persons, and bound for all amounts due, referred to in Civil Code section 9554, subdivision (b), in the sum of ________________________________________ Dollars ($__________) which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, by these presents.

The condition of this obligation is that if the said Principal or any of its subcontractors, or the heirs, executors, administrators, successors, or assigns of any, all, or either of them, shall fail to pay any of the persons named in Civil Code section 9100, or any of the amounts due, as specified in Civil Code section 9554, subdivision (b), that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay costs and reasonable attorney's fees to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

And the said Surety, for value received, thereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said contract or the specifications accompanying the same shall in Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 25 | P a g e Measure K-14, CIP 2295-18
any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this _______ day of _________________, 20__.
(To be signed by )
(Principal and Surety, )
(and acknowledged and )
(Notarial Seal attached )
________________________
Principal
________________________
________________________
Surety
________________________
By:_____________________
Attorney-in-Fact
________________________
The above bond is accepted and approved this ____ day of _________________.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 26 | P a g e Measure K-14, CIP 2295-18
(The Bidder shall submit this guaranty with its signature with its bid).

GUARANTY
To The City of Grover Beach
For
MEASURE K-14 STREET MAINTENANCE PROJECT
CIP 2295-18
THE UNDERSIGNED guarantees the construction and installation of all work performed under this Contract.

SHOULD any of the material or equipment prove defective or should the Work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the Work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve (12) months after Completion, the undersigned agrees to reimburse the City of Grover Beach, upon demand, for its expenses incurred in restoring said Work to the condition contemplated in said project, including the cost of removing and replacing any other Work necessary to make such replacement or repairs, or, upon demand by the City of Grover Beach, to replace any such material and to repair said Work completely without cost to the City of Grover Beach so that said Work will function successfully as originally contemplated.

THE CITY OF GROVER BEACH shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said Work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with its obligations under this guaranty, the City of Grover Beach shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of said failure or refusal.

Date: ________________________ _______________________________________

CONTRACTOR
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 5/20/2025
27 | Page Measure K-14, CIP 2295-18
The City of Grover Beach

STATE OF CALIFORNIA
- - - - - - - - - - - - - - - - - -

AGREEMENT
for
MEASURE K-14 STREET MAINTENANCE PROJECT
CIP 2295-18
THIS AGREEMENT is made and concluded between the CITY OF GROVER BEACH (“City”) and Pavement Coatings Co. (“Contractor”) this 27th day of May 2025 (“Agreement”).

ARTICLE I -- WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, to construct this Project in accordance with the Contract Documents (as defined in the Special Provision). In the absence of specific standards referenced in the foregoing, water system work and materials shall comply with AWWA Standards. Labor Surcharges and the Equipment Rental Rates and General Prevailing Wage Rates of the STATE OF CALIFORNIA, Business and Transportation Agency, Department of Transportation shall apply to all Work except as modified herein. All provisions of the Contract Documents for the Measure K-14 Street Maintenance Project, CIP #2295-18 (herein also referred to as “the Project”) are hereby specially and incorporated into this Agreement by reference and together with the Agreement form the “Contract.”
ARTICLE II -- The City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices, hereinafter set forth and hereby contracts to pay the same at the time, in the manner and upon the Conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE III -- The statement of prevailing wages as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 and which is filed at the principal office of the said party of the first part in accordance with the requirements of Section 1773.2 of said Code is hereby specifically referred to and by this reference is made a part of this Contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 28 | Page Measure K-14, CIP 2295-18
ARTICLE IV -- Contractor certifies that it is aware of the provisions of Section 1725.5 of the Labor Code requiring every contractor and subcontractor, awarded work on this project, be registered with the Department of Industrial Relations and as such is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

ARTICLE V -- Contractor certifies that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the Work of this Contract.

ARTICLE VI -- Contractor agrees to receive and accept eight hundred fifty-three thousand eight hundred twenty-seven dollars and ten cents ($853,827.10) as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the City and for all risks of every description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of Work and for well and faithfully completing the Work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them. Payment shall be made as provided in the Contract Documents.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 29 | Page Measure K-14, CIP 2295-18
IN WITNESS WHEREOF, The parties to these presents have hereunto set their hands the year and date first above written.

The City of Grover Beach

STATE OF CALIFORNIA
_______________________________________
Kassi Dee, Mayor Date
ATTEST:
________________________________________
Wendi Sims, City Clerk Date
APPROVED AS TO FORM:
________________________________________
Robert Lomeli, ESQ., City Attorney Date
CONTRACTOR:
_______________________________________
NAME, Licensed in accordance with an act providing for the registration of contractors, License No. ______
California Department of Industrial Relations (DIR),
Registration No.
_______________________________________
Date
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 303609-A
5/20/2025
5/22/2025
30 | P a g e Measure K-14, CIP 2295-18
City of Grover Beach

STATE OF CALIFORNIA
- - - - - - - - - - - - - - - - - -

SPECIAL PROVISIONS
for
MEASURE K-14 STREET MAINTENANCE PROJECT
CIP 2295-18
SECTION 1. SPECIFICATIONS AND PLANS

1.01 GENERAL
The Work embraced herein shall be done in accordance with the State of California Department of Transportation Standard Specifications dated 2010 (“Standard Specifications” or “CalTrans Standard Specifications”), except as modified by these Special Provisions, the Construction Drawings, the City of Grover Beach Standard Drawings and the Contract annexed hereto. In the absence of specific standards referenced in the foregoing, water system work and materials shall comply with AWWA Standards. Labor Surcharges and the Equipment Rental Rates and General Prevailing Wage Rates of the STATE OF CALIFORNIA, Business and Transportation Agency, Department of Transportation shall apply to all work except as modified herein.

The State Standard Specifications are hereby amended, such that, any reference to mandatory use of the International System of Units (SI) (Metric Units), is understood to allow use of United States Standard Measurers (English Units), as directed by the Engineer.

In case of conflict between the City’s plans and drawings for this Project (“Construction Drawings”), the Standard Specifications of the City of Grover Beach (“City Standard Specifications”), the CalTrans Standard Specifications, these Special Provisions, and any other Contract Documents, these Special Provisions shall take precedence, after which the Construction Drawings shall take precedence, after which the City Standard Specifications shall take precedence, after which any other Contract Document besides the CalTrans Standard Specifications shall take precedence; except that for purposes of determining the low bidder and the contract price, the estimated item quantities in the Bid Form shall take precedence over the other Contract Documents.

1.02 DEFINITIONS AND TERMS
Abbreviations and terms, or pronouns in place of them, as used in the specifications and other contract documents, shall have the meaning specified in Section 1, "General", of the Standard Specifications or as modified hereinafter in Sections 1.03 and 1.04 of these Special Provisions.

1.03 ABBREVIATIONS ON THE DRAWINGS
Wherever on the drawings the following abbreviations are used, they shall be understood to mean the following:

Drawing Abbreviations and their Meanings
ABAND, ABAND’D – Abandon, Abandoned
ABS – Acrylonitrile-Butadiene-Styrene (pipe)
AC – Asphalt Concrete
ACP – Asbestos Cement Pipe
ALUM – Aluminum
APPD – Approved
AV, Air-Vac – Air-Vacuum and Air Release Valve
BC – Begin Curve, Bolt Circle or Between
Centers
BCR – Begin Curve Return
BM – Beam or Bench Mark
BNDY – Boundary
BO – Blowoff Assembly
BR – Brass
BV – Butterfly Valve
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 31 | P a g e Measure K-14, CIP 2295-18
BVC – Begin Vertical Curve
CAP – Capacity
CB – Concrete Block
CC – Center to Center
CFM – Cubic Feet per Minute
CFS – Cubic Feet per Second
C&G – Curb and Gutter
CIP – Cast Iron Pipe or Capital Improvement
Project
CL – Chain Link, Clearance, Centerline, or Class
CMP – Corrugated Metal Pipe
CO – Cleanout
COMM - Communication
COMP – Compaction
CONC – Concrete or Concentric
COND – Conduit or Condition
CONSTR – Construction or Construct
CONT – Continued or Continuous
CONTR – Contractor
COR – Corner
COTG – Cleanout to Grade
CPLG – Coupling
CU – Copper or Cubic
CY – Cubic Yard
DIP – Ductile Iron Pipe
DIA – Diameter
DWG – Drawing
E – East or Electric
EA – Each
EBR – End Berm Return
EC – End Curve
ECC – Eccentric
ECR – End Curb Return
EFF – Effluent or Efficiency
EGL – Energy Grade Line
EL, ELEV – Elevation
ELEC – Electrical or Electronic
ELL – Elbow
= - Equal
EQIP – Equipment
ESM’T – Easement
EVC – End Vertical Curve
EX, EXIST – Existing
EXT – Exterior
FB – Flat Bar, Floor Beam or Field Book
F&C – Frame and Cover
FG – Finished Grade or Finished Ground
FH – Fire Hydrant
FIG – Figure
FL – Flowline
FLG – Flange
FLGD – Flanged
FLR – Floor
FM – Force Main (sewer)
FO – Fiber Optic
FP – Finished Pavement
FS – Finished Surface
FT – Feet or Foot
FTG – Footing
FUT – Future
G – Gas
GA – Gage or Gauge
GAL – Gallon
GALV – Galvanized
GIP – Galvanized Iron Pipe
GPM – Gallons per Minute
GRD – Grade or Ground
GB, GB BRK – Grade Break or Grade Change
> - Greater Than
> - Greater Than or Equal To
GV – Gate Valve
HB – Hose Bib
HCS – House Connection Sewer
HDPE – High Density Polyethylene (pipe)
HDR – Header
HGL – Hydraulic Grade Line
HLS – House Lateral Sewer
HORIZ – Horizontal
HP – Horsepower or High Point
HYD – Hydraulic or Hydrant
ID – Inside Diameter
IN – Inch or Inches
INFL – Influent
INV – Invert
INV EL – Invert Elevation
IP – Iron Pipe
IPS – Iron Pipe Size
IRRIG – Irrigation
JP – Joint Pole or Joint Pipe
JT – Joint
KW – Kilowatt
KWH – Kilowatt Hour
L – Liter
LB, # – Pound
LF – Linear Feet
LT – Left
< - Less Than
< - Less Than or Equal To
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 32 | P a g e Measure K-14, CIP 2295-18
M – Meter
MAX – Maximum
MB – Mailbox
MEC JT, MJ – Mechanical Joint
MEE – Machined Each End
MFR – Manufacturer
MFR’D – Manufactured
MGD – Million Galls per Day
MH – Manhole
MIN – Minimum
MISC – Miscellaneous
MOA – Machined Over All
MTD – Mounted
N – North
NC – Normally Closed
NO – Number or Normally Open
# - Number or Pound
NPS – Nominal Pipe Size (formerly IPS)
NPT – National Pipe Thread
NRS – Non-Rising Stem
NTS – Not to Scale
OC – On Center
OD – Outside Diameter
O/H or OH - Overhead
OS&Y – Outside Screw and Yoke
OZ – Ounce
P – Pole
PCC – Portland Cement Concrete
PE – Plain End or Polyethylene
PIP – Protect-in-Place
PL – Plate, Property Line or Place
PP – Power Pole
PPM – Parts per Million
PRESS – Pressure
PROD – Products
PROP’Y – Property
PSF – Pounds per Square Foot
PSI – Pounds per Square Inch
PSIG – Pound per Square Inch Gauge
PTDF – Pressure Treated Douglas Fir
PVC – Polyvinyl Chloride (pipe)
PVMT – Pavement
R – Radius, Riser or Return, Rate of Slope
RAD – Radial
RC – Reinforced Concrete
RCP – Reinforced Concrete Pipe
RD – Road or Round
RDWD – Redwood
RED – Reducer
REINF – Reinforcing or Reinforced
REL COMP – Relative Compaction
RE-STL, REBAR – Reinforcing Steel
REQD, REQ’D – Required
RESTR’D – Restrained
RET WL – Retaining Wall
REV – Revision
RPM – Revolutions per Minute or Reinforced
Plastic Mortar Pipe
RS – Resilient Seated
RT – Right
R/W, ROW – Right-of-Way
S – South or Sewer
S X S – Slip by Slip or Socket by Socket
S X T – Slip by Thread or Socket by Thread
SCR’D – Screwed
SCH – Schedule
SD – Storm Drain
SECT – Selection or Select
SF – Square Feet
SHT – Sheet
SM – Survey Monument
SPECS – Specifications
SPEC PROV – Special Provisions
SQ – Square
SS – Sanitary Sewer
STA – Station
STD – Standard
STL – Steel
STN – Stainless
STRUCT – Structural or Structure
SW – Sidewalk
SY – Square Yard
SYM – Symmetrical or Symbol
T – Thermostat, Tangent or Telephone
T X T – Thread by Thread
TB – Thrust Block or Top of Bank
TBM – Temporary Bench Mark
TC – Top of Curb
TEMP – Temporary
TH – Thick or Thickness
THR’D – Threaded
TM – Telemetry
TP – Telephone Pole or Turning Point
TRANS – Transition or Transmitter
TS – Toe of Slope
TV – Television Cable
TW, TOW – Top of Wall
TYP – Typical
T&G – Tongue and Grove
UG – Underground
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 33 | P a g e Measure K-14, CIP 2295-18
V – Valve, Volt or Volume
VAR – Varies or Variable
VCP – Vitrified Clay Pipe
VERT – Vertical
VOL – Volume
W – West, Watt or Water
W/ - With
WL – Water Line or Water Level
WM – Water Meter
WS – Water Surface, Water Service
WSEL – Water Surface Elevation
WT – Weight
WV – Water Valve, Water Valve Box
WWM – Welded Wire Mesh
X – By or Times
XS – Extra Strong
YD – Yard
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 34 | P a g e CIP 2295-18

1.04 TERMS IN THE CALTRANS STANDARD SPECIFICATIONS
Wherever in the CalTrans Standard Specifications the following terms, or pronouns in place of them, are used, they shall be understood to mean the following:

DEPARTMENT OF TRANSPORTATION, or DEPARTMENT - The City of Grover Beach.

DIRECTOR OF TRANSPORTATION, or DIRECTOR - The Public Works Director/City Engineer acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

ENGINEER - The Public Works Director/City Engineer acting either directly or through properly authorized agent(s), such agent(s) acting within the scope of the particular duties delegated to them.

AKA Engineering Company, is the authorized agent serving the City as ENGINEER.

ENGINEER'S ESTIMATE - The list of estimated quantities of Work to be performed as contained in the Bid Form.

HIGHWAY- The entire right-of-way, easement or property which is secured for use in constructing the improvements for this project.

STATE - The City of Grover Beach.

STATE AGENCIES - Whenever, in the Standard Specifications, reference is made to any STATE agency or officer, such reference shall be deemed made to any agency or officer whether STATE, County, City or Services City succeeding in accordance with law or local ordinance to the powers, duties, jurisdiction and authority of the agency or officer mentioned.

1.05 TERMS IN THE OTHER CONTRACT DOCUMENTS
Wherever in the Contract Documents (other than the CalTrans Standard Specifications) the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this section.

CITY - The City of Grover Beach, and its authorized agent(s).

CITY CLERK, OR CLERK - The Clerk of the City of Grover Beach as appointed by the City Council in accordance with the law.

CITY COUNCIL - The legislative body of the City of Grover Beach as created by law.

CITY ENGINEER - The Public Works Director/City Engineer acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

COMPLETION – Full and final performance of all of the Work, except that (A) for purposes of release of retention, “completion” is defined by Public Contract Code section 7107, and (B) for purposes of notices of completion and stop payment notices, “completion” is defined by Civil Code section 9200. Substantial completion does not constitute “completion.”
CONTRACT DOCUMENTS – The documents that create and constitute the Contract, which are incorporated by reference into the Agreement, and which include, but are not limited to, the following:
• Guaranty.
• Agreement.
• Bid Form (including all forms within the Bid Form).
• Bid Bond.
• Notice to Bidders.
• Special Provisions for the Project, including the Technical Provisions. • CalTrans Standard Specifications.

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• City Standard Specifications.
• Construction Drawings for the Project.
• City Standard Drawings.
• Performance Bond (using the City’s form).
• Payment Bond (using the City’s form).
• Iran Contracting Act form.

ENGINEER, ENGINEER’S ESTIMATE and HIGHWAY - The same as defined in Section 1.04, above, of these Special Provisions.

DEPARTMENT OF PUBLIC WORKS, or DEPARTMENT - The Department of Public Works of the City of Grover Beach.

DESIGN ENGINEER – The City of Grover Beach, and its agent(s). AKA Engineering, is the authorized agent serving the City as the DESIGN ENGINEER.

OWNER - The City of Grover Beach.

PLANS – Plans include the Construction Drawings and details prepared by the Design Engineer and any Standard Drawings referenced therein and the terms may be used interchangeably. For bidding purposes, the Plans marked Bid Set shall be used as the basis for forming all bids. The Plans marked Conformed Set and approved by the City Engineer will be used as the basis for construction of all Work specified herein.

PROJECT ENGINEER - The Public Works Director/City Engineer/CIP Manager acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

STATE AGENCIES - Same as in Section 1.04 of these Special Provisions.

WORK – All of the duties, responsibilities, and obligations of the Contractor required by the Contract Documents, including punch list work, other corrective work, closeout documents, and closeout procedures.

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SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 GENERAL
The Bidder’s attention is directed to the provisions in Section 2, “Bidding,” of the Standard Specifications and these special provisions for the requirements and conditions which the Bidder must observe in the preparation of and the submission of the bid.

In addition to the subcontractors required to be listed in conformance with Section 2-1.33C, “Subcontractor List,” of the Standard Specifications, each bid shall have listed therein the portion of Work that will be done by each subcontractor listed. A sheet for the listing of the subcontractors is included in the City’s bid package documents.

The bidder's bond shall conform to the bond form in the bid package documents for the project and shall be properly filled out and executed.

In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit.

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

Failure of the Bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the Bidder to a determination of the Bidder’s responsibility in the event it is the apparent low bidder on a future public works contracts.

2.02 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT AND SITE OF WORK The Bidder shall examine carefully the sites of the Work contemplated, the plans, the specifications, the Bid Form, and Contract Documents therefore.

The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, the quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the Bid Form, plans, specifications and the Contract Documents.

2.03 APPROXIMATE ESTIMATE
The quantities given in the Bid Form are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work required by the Contract Documents will correspond with the Bid Form, and the City reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit portions of the Work, as may be deemed necessary or advisable by the Engineer. Bids are required for the entire Work described herein.

2.04 REJECTION OF BIDS
Bids may be rejected if they show any alterations of form, incomplete bids, erasures or irregularities of any kind. A complete bid shall include the following documents:

BID FORM

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

NONCOLLUSION AFFIDAVIT

DEBARMENT AND SUSPENSION CERTIFICATION

LIST OF SUBCONTRACTORS
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QUESTIONNAIRE

BID FORM
BIDDER’S BOND OR OTHER SECURITY

PROJECT REFERENCES
IRAN CONTRACTING ACT FORM (if project is over $1,000,000)

PROOF OF REGISTRATION WITH DIR
To avoid bid protests and bid rejections, bidders are reminded to include the following information in the Bid Form:
1) Contractor’s license number
2) Expiration date of Contractor’s license
3) The following statement: “The Contractor’s license number and expiration date stated herein are made under penalty of perjury”.

The right is reserved to reject any and allbids.

2.05 BIDDER'S BOND
All bids shall be presented under sealed cover, marked "BID" and shall be accompanied by cash, cashier's check, or bidder's bond, made payable to the City of Grover Beach for an amount equal to ten percent (10%) of the amount of said base bid, and no bid shall be considered unless such cash, cashier's check, or bidder's bond is enclosed therewith.

2.06 RESPONSIBILITY OF BIDDERS
The City of Grover Beach reserves the right to be the sole judge as to the responsibility of any bidder to perform the Work under this Contract. Said City may reject the bid of any bidder for lack of financial ability or experience in performing the Work under this Contract. The Bidder’s attention is directed to the Notice to Bidders that identifies that any bidder may be required to furnish a sworn statement of their financial responsibility, technical ability, and experience.

2.07 RELIEF OF BIDDERS
Attention is directed to the requirements of Public Contracts Code Sections 5100 et seq. concerning relief of bidders, including but not limited to the requirement that if the bidder seeks relief based on a mistake in its bid, the bidder shall give the City written notice within five (5) working days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

2.08 BID PROTESTS
Bid protests are to be hand-delivered to the City at the City of Grover Beach Department of Public Works, 154 S. 8th Street, Grover Beach, CA 93433; or they may be e-mailed to [email protected].

Any bid protest must be delivered or e-mailed by 5:00 p.m. on the 5 th working day after the opening and
announcement of the bids.

2.09 ESCROW BID DOCUMENTS
Documents from the two low bidders are required for projects over $1,000,000 and must include all of the quantity take-offs, calculations, quotes, notes, letters, emails, marked up plan sheets, reports, and all other information committed to hard copy or electronic media that a bidder used to determine the bid price: collectively the ‘Escrow BidDocuments’.

The two low bidders shall submit to the City additional financial information, including the Escrow Bid Documents, within five (5) working days after the deadline to submit bids. The documents shall include one (1) copy of all documentary information generated in preparation of bid prices for this project, as described in Paragraph seven of this section (2.09). The Escrow Bid Documents of the successful bidder will be held by the City in escrow for the duration of thecontract.

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The successful bidder agrees, as a condition of award of the contract, that the Escrow Bid Documents constitute all the information used in the preparation of its bid, and that no other bid preparation information will be considered in resolving disputes or claims. The successful bidder also agrees that nothing in the Escrow Bid Documents will change or modify the terms or conditions of the contract documents.

The Escrow Bid Documents are, and will always remain, the property of the Bidder or Contractor, subject to joint review by the City or Engineer and the Bidder or Contractor, as provided herein.

The City stipulates and expressly acknowledges that the Escrow Bid Documents, as defined herein, are intended to constitute proprietary information. This acknowledgement is based on the City's express understanding that the information contained in the Escrow Bid Documents is not known outside bidder's business, is known only to a limited extent and only by a limited number of employees of the bidder, is safeguarded while in bidder's possession, is extremely valuable to bidder and could be extremely valuable to bidder's competitors by virtue of it reflecting bidder's contemplated techniques of construction. The City further acknowledges that bidder expended substantial sums of money in developing the information included in the Escrow Bid Documents and further acknowledges that it would be difficult for a competitor to replicate the information contained therein. The City further acknowledges that the Escrow Bid Documents and the information contained therein are made available to City only because such action is an express prerequisite to award of the contract. The City further acknowledges that the Escrow Bid Documents include a compilation of information used in bidder's business, intended to give bidder an opportunity to obtain an advantage over competitors who do not know of or use the contents of the documentation. The City further agrees to safeguard the Escrow Bid Documents, and all information contained therein, against disclosure to the fullest extent permitted by law.

Escrow Bid Documents will be used to assist in the negotiation of price adjustments, supplemental agreements, and contract modifications and in the settlement of disputes and claims. They will not be used for pre-award evaluation of the bidder’s anticipated methods of construction or to assess the bidder’s qualifications for performing theWork.

Bidders may submit Escrow Bid Documents in their usual cost- estimating format; a standard format is not required. It is not the intention of this specification to cause the bidder extra work during the preparation of the bid, but to ensure that the Escrow Bid Documents will be adequate to enable complete understanding and proper interpretation for their intended use. The Escrow Bid Documents shall be submitted in the English language.

It is required that the Escrow Bid Documents clearly itemize the estimated costs of performing the Work of each bid item contained in the bid schedule. Bid items should be separated into sub-items as required to present a detailed cost estimate and allow a detailed cost review. The Escrow Bid Documents shall include all quantity takeoffs, estimates of crews, and equipment, calculations of rates of production and progress, copies of quotes from subcontractors and suppliers, and memoranda, narratives, add/deduct sheets, and all other information used by the bidder to arrive at the prices contained in the bid. Estimated costs should be broken down into the bidder's usual estimate categories such as direct labor, repair labor, equipment ownership and operation, expendable materials, permanent materials and subcontract costs as appropriate. Plant and equipment and indirect costs should be detailed in the bidder's usual format. The bidder’s allocation of plant and equipment, indirect costs, contingencies, markup and other items to each bid item shall be included.

All costs shall be identified. For bid items amounting to less than $10,000, estimated unit costs are acceptable without a detailed cost estimate, provided that labor, equipment, materials and subcontracts, as applicable, are included and provided that indirect costs, contingencies and markup, as applicable, are allocated.

Bid documents provided by the City should not be included in the Escrow Bid Documents unless needed to comply with the requirements herein.

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The Escrow Bid Documents shall be submitted to the City by the two low bidders in container(s) within five (5) working days after the deadline for submittal of bids. The container shall be clearly marked on the outside with the bidder's name, date of submittal, project name, contract number, project number, and the words "Escrow Bid Documents". After inspection by the City’s representative, the box will be sealed.

The documents can be scanned and submitted on a thumb drive or submitted on paper, or a combination of the two types. Sealed container(s) shall consist of boxes in the following standard sizes:

Standard Cube (LL) 15”x12”x10”; Letter Banker 24”x12”x10”; or Legal Banker:24”x15”x10” for hard copy submittals.

The Escrow Bid Documents shall be accompanied with a certification signed by an individual authorized by the bidder to execute the Bid Form, stating that the material in the Escrow Bid Documents constitutes all the documentary information used in preparation of the bid and that the bidder has personally examined the contents of the Escrow Bid Documents container and has found that the documents in the container are complete.

The Escrow Bid Documents of the apparent successful bidder will be examined, organized, and inventoried by the Engineer, together with members of the bidder's staff who are knowledgeable in how the bid was prepared. This examination is to ensure that the Escrow Bid Documents are legible and complete. It will not include review of, and will not constitute acceptance of proposed construction methods, estimating assumptions, or interpretations of contract documents. Examination will not alter any condition or term of the contract.

If all the documentation required as indicated above has not been included in the original submittal, additional documentation may be required, at the City’s discretion, prior to award of the contract. The detailed breakdown of estimated costs shall be reconciled and revised, if appropriate, by agreement between the bidder and the City before making the award. Once it has been determined that all of the documentation has been included, the box will be sealed. The Contractor can choose to provide tamper proof tape, or security tape. Otherwise, the box will be sealed, and the tape will be signed. The Escrow Bid Documents will be placed in storage at City Hall.

If the contract is not awarded to the apparent successful bidder, the Escrow Bid Documents of the bidder next to be considered for award shall be processed as described.

Timely submission of complete Escrow Bid Documents is an essential element of the bidder's responsibility and a prerequisite to a contract award. Failure to provide the Escrow Bid Documents will be sufficient cause for the City to reject the bid.

Escrow Bid Documents submitted by unsuccessful bidders will be returned unopened, unless opened as provided above, following award of the contract. Unsuccessful bidders shall pick up the Escrow Bid Documents from the City 14 days of writtennotice.

If any bid is based upon subcontracting any part of the Work, each subcontractor whose total subcontract price was proposed by the bidder shall provide separate Escrow Documents to be included with those of the bidder. Such documents shall be opened and examined in the same manner at the same time as the examination described above for the apparent successful bidder.

If the Contractor wishes to subcontract any portion of the Work after award, the City retains the right to require the Contractor to submit Escrow Documents from the subcontractor before the subcontract is accepted.

The Escrow Bid Documents will be examined by both the City and the Contractor, at any time deemed necessary by the Director, unless the Contractor waives the right to be present by failing to appear at Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 40 | P a g e CIP 2295-18
the designated time and place. Examination of the Escrow Bid Documents is subject to the following conditions:
(a) As trade secrets, the Escrow Bid Documents are intended to constitute proprietary and confidential material as described in Paragraphs four and five of this section (2.09). (b) The City and the Contractor shall each designate, in writing to the other party and within ten days after execution of the contract, representatives who are authorized to examine the Escrow Bid Documents. No other person shall have access to the Escrow Bid Documents.
(c) Access to the Escrow Bid Documents may take place only in the presence of duly designated representatives of both the City and the Contractor, unless the Contractor waives its right to be present by failing to appear at the designated date and time at which the Escrow Bid Documents will be examined.
(d) The City will provide 48 hours’ notice before opening or examining the bid documents.

If the Contractor does not respond or does not send a representative, the City will examine the documents without the Contractor being present.

The Escrow Bid Documents will be returned to the Contractor at such time as the contract has been completed, all claims have been resolved, and final payment has been accepted by the Contractor. The Contractor shall pick up the Escrow Bid Documents from the City within 14 days of written notice.

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SECTION 3. AWARD AND EXECUTION OF CONTRACT

3.01 GENERAL
The Bidder's attention is directed to the provisions in Section 3, “Contract Award and Execution," of the Standard Specifications and these Special Provisions for the requirements and conditions concerning award and execution of Contract.

3.02 AWARD OF CONTRACT
The award of the Contract, if it be awarded, will be to the lowest responsive and responsible bidder whose bid complies with all the requirements prescribed. See Bid Form for details.

3.03 EXECUTION OF CONTRACT
The Contract shall be executed by the successful bidder and shall be returned, together with the Guaranty, the payment and performance bonds, and the insurance certificate(s) and endorsement(s) to the City within TEN (10) business days, not including Saturdays, Sundays and legal holidays, after the successful bidder has received the Contract for execution. Failure to do so shall be just cause for forfeiture of the successful bidder’s bond. The executed contract documents shall be delivered to the following address:

City of Grover Beach Department of Public Works
154 S. 8th Street
Grover Beach, CA 93433

3.04 CONTRACT BONDS

3.04-A PERFORMANCE BOND. The Contractor shall furnish a surety bond as security for the faithful performance of this Contract by the Contractor in an amount equal to one hundred percent (100%) of the Contract price.

3.04-B PAYMENT BOND. The Contractor shall furnish a surety bond as security for the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract and shall contain all the provisions required by law, in the amount of one hundred percent (100%) of the Contract price.

3.05 CITY BUSINESS TAX CERTIFICATE AND ENCROACHMENT PERMIT The Contractor and all subcontractors shall obtain a City of Grover Beach Business Tax Certificate and pay all related fees. The Contractor will also be required to obtain an encroachment permit from the City but fees will be waived.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 42 | P a g e CIP 2295-18
SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION,

LIQUIDATED DAMAGES, HOURS OF WORK, NIGHT WORK,

AND SCHEDULED SUSPENSION
Attention is directed to the provisions in Section 8-1.04, "Start of Job Site Activities," Section 8-1.05, "Time," Section 8-1.06, “Suspensions,” and Section 8-1.10, "Liquidated Damages," of the Standard Specifications and these Special Provisions.

A Preconstruction Conference (reference: Standard Specification 8-1.03) will be required not less than seven (7) days prior to any construction. This meeting will include the City of Grover Beach, the City’s Authorized Agents (when applicable, the project management, construction management, and/or design engineering), the Contractor, and necessary subcontractors. Utility companies who have assets within the work zone will be invited to this conference meeting.

The Contractor shall submit in accordance with Standard Specification 5-1.23 to the Engineer the following required submittals at or before the Pre-Construction Conference meeting:
▪ Baseline Construction Schedule
▪ Water Pollution Control Plan
▪ Traffic Control Plan
These submittals will be reviewed and processed by the Engineer per the referenced Standard Specification.

The City will prepare conformed contract documents by incorporating bid addenda into the bidding documents. The City will provide the Contractor with three (3) full-size prints of the conformed Plans and three (3) complete Specification books. Additional quantities of the contract document plans and/or Specifications can be furnished by the City at reproduction cost. Softcopies of these documents in PDF format are available from the Engineer upon the Contractor’s submittal of a Request for Information (RFI).

The Contractor shall begin Work within THIRTY (30) calendar days after the Contract has been awarded by the City Council. The City may issue a Notice to Proceed that reflects this deadline for commencing the Work.

The Work shall be diligently prosecuted to completion before the expiration of THIRTY (30) working days beginning on the 30
th calendar day after approval of the Contract. The City may issue a Notice to Proceed that reflects this duration for Contract time.

Liquidated delay damages for the City based on Contractor’s failure to achieve Completion within the above number of working days shall be $1,000 per calendar day, and they shall accrue automatically. as provided in the Special Provisions.

Hours of work shall be 7:00 a.m. to 5:00 p.m. on working days unless night work is approved by the City Engineer in writing.

Night work may be allowed between the hours of 10:00 p.m. and 6:00 a.m. when approved in writing by the City Engineer. Requests for night work shall be submitted to the Engineer no later than 96-hours before the date of the night work starts. No additional compensation will be allowed for night work.

Scheduled suspension of the work shall occur during the time(s) identified below, and the Contractor shall provide for a smooth and unobstructed passageway through the work during the suspension, said passageway shall be included within the cost of the project. ▪ Scheduled Suspension Dates: NONE
Refer to Standard Specifications 8-1.06, “Suspensions” for other related suspensions.

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SECTION 5. GENERAL

5.01 SUBCONTRACTING AND SUPERINTENDENCE
Attention is directed to Section 5-1.13, "Subcontracting," Section 7-1.07, "Legal Actions Against the Department," and Section 5-1.16, "Representative," of the Standard Specifications and these Special Provisions.

The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. No subcontractor will be recognized as such, and all persons engaged in the Work of construction will be considered as employees of the Contractor.

The "List of Subcontractors," which is part of the proposal, shall be completed listing all subcontractors who will perform any of the Work under this Contract.

Attention is directed to the requirement in said Section 5-1.16, “Representative,” that the Contractor designate in writing an authorized representative with authority to act for the Contractor and that said representative shall be present at the site of the Work while work is in progress.

5.02 LEGAL ACTIONS AGAINST THE CITY
Attention is directed to Section 7-1.07, "Legal Actions Against the Department," of the Standard Specifications for the requirements should litigation be brought against the City concerning compliance by the City with STATE or Federal laws, rules or regulations applicable to the Work.

5.03 AUTHORITY OF THE ENGINEER
In accordance with Section 5-1.03, "Engineer’s Authority," of the Standard Specifications, the Engineer shall decide all questions regarding the Work and shall have authority to enforce and make effective his decisions.

5.04 INSPECTION
The Contractor's attention is directed to Section 5, "Control of Work," of the Standard Specifications and these Special Provisions.

Should the Contractor desire to work on a Saturday, a Sunday or a designated holiday, or between the hours of 5:00 p.m. and 7:00 a.m., then issue a written submittal to the Engineer of the intent to do so at least five (5) calendar days prior to commencing said work. Should the Contractor perform any work in violation of this paragraph, the work shall be uncovered, exposed, tested and measured at the expense of the Contractor to the extent required by the Engineer in order to ascertain conformance with the plans and specifications. Any of said work which cannot be properly inspected for conformance will be rejected.

Designated legal holidays are: January 1st, Martin Luther King’s Birthday, the second and third Monday in February, the last Monday in May, July 4th, the first Monday in September, Indigenous Peoples Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving Day and December 24th and 25th. When a designated legal holiday falls on a Saturday or a Sunday, the preceding Friday or the following Monday, respectively, shall be a designated legal holiday.

5.05 VALUE ENGINEERING
Attention is directed to Section 4-1.07, “Value Engineering,” of the Standard Specifications.

5.06 EXCAVATION SAFETY PLANS AND PERMIT
Attention is directed to the provisions in Sections 6500 through 6509 and Section 6705 of the STATE LABOR CODE and in Section 7-1.02K(6)(b), “Excavation Safety,” of the Standard Specifications. Prior to constructing trenches or excavations five feet (5’) or more in depth, the Contractor shall obtain a permit from the STATE OF CALIFORNIA, Division of Industrial Safety, as required by said Section 6500.

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Full compensation for complying with this section shall be considered as included in the Contract prices paid for the items of Work to which said plans and permit relate and no separate payment will be made therefore.

5.07 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE
Attention is directed to Section 5-1.36, "Property and Facility Preservation," of the Standard Specifications and these Special Provisions.

The Contractor shall be responsible for any liability imposed by law and by the Standard Specifications.

The Contractor shall protect existing improvements, adjacent property and roadside trees and shrubs, and shall erect tree protection fencing as directed.

The City does not anticipate any work in private property. If the contractor needs access to private property in order to do the work, the contractor must notify the City as soon as possible. The City will work with the property owner(s) to obtain a Temporary Construction Easement (TCE) at the addresses identified by the Contractor to allow access to the private property for the work to be done. The Contractor is not authorized to access the private property(ies) until the TCE has been fully executed and a copy distributed to the Contractor. The Contractor shall coordinate with the ENGINEER regarding the TCE’s.

5.08 INDEMNIFICATION AND INSURANCE

5.08-A INDEMNIFICATION. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless the City of Grover Beach, and all officers, officials, employees, authorized agents, and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, authorized agents, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee; however, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the CIVIL CODE.

5.08-B LIABILITY INSURANCE. The provisions of said Section 7-1.05 “Indemnification,” of the Standard Specifications regarding the retention of funds to cover claims or suits for damages shall not apply.

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Prior to the beginning of and throughout the duration of the Work, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Contract and which is applicable to a given loss, claim or demand, will be equally available to City.

Contractor shall provide the following types and amounts of insurance:

Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, authorized agents, employees, and volunteers.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent Contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, authorized agents, and employees, shall be included as insureds under the policy.

Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 46 | P a g e CIP 2295-18
compensation. Insurance certificates and endorsements must be approved by City’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and authorized agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or selfinsurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s risk manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, authorized agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Enforcement of Contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

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Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, authorized agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Contractor agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City’s right to revise requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving the Contractor a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

5.09 LABOR

5.09-A GENERAL. Attention is directed to the provisions of Section 7, "Legal Relations and Responsibility," of the Standard Specifications regarding labor, to the California Labor Code, and to these Special Provisions.

5.09-B PREVAILING WAGE. Attention is directed to Section 7-1.02K(2), “Wages,” of the Standard Specifications and as stated in the Notice to Bidders and Agreement.

The Project is a public work, the Work shall be performed as a public work and under California Labor section Code 1770 et seq., the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. The general prevailing wage rates determined by the Director of Industrial Relations are available at: http://www.dir.ca.gov/DLSR/PWD
Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. The rate of prevailing wage Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 48 | P a g e CIP 2295-18
for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation.

The Contractor and any subcontractor under the Contractor as a penalty to the City shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall keep or cause to be kept an accurate record of performance of the Work showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the City, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. Contractor and subcontractors shall comply with Labor Code section 1776.

5.09-C LABOR DISCRIMINATION. Attention is directed to Section 1735 of the Labor Code.

5.09-D DEPARTMENT OF INDUSTRIAL RELATIONS – COMPLIANCE MONITORING AND REGISTRATION. Public works projects shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Owner shall not enter into any contract without proof of the Contractor’s current registration to perform public work under Labor Code section 1725.5. The Contractor shall not enter into any subcontract without proof of the subcontractor’s current registration to perform public work under Labor Code section 1725.5. For all projects over Twenty-Five Thousand Dollars ($25,000), a contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work.

5.09-E WORKING HOURS. In accordance with the provisions of California Labor Code sections 1810 to 1815, inclusive, the time of service of any worker employed by the Contractor or a subcontractor doing or contracting to do any part of the work contemplated by this Agreement is limited and restricted to eight hours during any one calendar day and forty hours during any one calendar week, provided, that work may be performed by such employee in excess of said eight hours per day or forty hours per week provided that compensation for all hours worked in excess of eight hours per day, and forty hours per week, is paid at a rate not less than one and one-half (1½) times the basic rate of pay. The Contractor and every subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work. The records shall be kept open at all reasonable hours to inspection by representatives of the Owner and the Division of Labor Law Enforcement. The Contractor shall as a penalty to the Owner forfeit Twenty-five Dollars ($25.00) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day, and forty hours in any one calendar week, except as herein provided.

5.09-F APPRENTICES. The Contractor agrees to comply with Chapter 1, Part 7, Division 2, sections 1777.5 and 1777.6 of the California Labor Code, which are hereby incorporated and made a part hereof.

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These sections require that contractors and subcontractors employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for each five hours of work performed by a journeyman (unless an exemption is granted in accordance with section 1777.5) and that contractors and subcontractors shall not discriminate among otherwise qualified employees as indentured apprentices on any public works solely on the ground of sex, race, religious creed, national origin, ancestry or color. Only apprentices as defined in Labor Code section 3077, who are in training under apprenticeship standards and who have signed written apprentice agreements, will be employed on public works in apprenticeable occupations. The responsibility for compliance with these provisions is fixed with the Contractor for all apprenticeable occupations.

5.10 NOISE CONTROL
The Contractor's attention is directed to Section 14-8.02, "Noise Control," of the Standard Specifications and to these Special Provisions.

The noise level from the Contractor's operations, between the hours of 7:00 a.m. and 7:00 p.m., shall not exceed 86dB(A) at a distance of fifty feet (50'). This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

Said noise level requirement 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.

The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the Contract prices paid for the various items of Work involved and no additional compensation will be allowed therefore.

5.11 PROJECT APPEARANCE
The Contractor shall maintain a neat appearance to the Work. In any area visible to the public, the following shall apply.

When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly.

The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily. Forms or falsework that are to be reused shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be reused shall be disposed of concurrently with their removal.

Equipment for use on the project shall be stored on side streets away from business frontages and shall be removed and stored at the Contractor’s own yard if not in use for more than five working days. The Contractor may secure a staging area on private property if the Contractor makes arrangements to secure access to private property for staging during the Work.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in the Contract prices paid for the various items of Work involved and no additional compensation will be allowed therefore.

5.12 GUARANTY AND BONDS
A material guaranty for a period of twelve (12) months from the date of Contract acceptance as notified in writing by the DIRECTOR for all the items of Work as designated in the Engineer's Estimate will be required prior to commencement of the Work and shall conform to the provisions in Section 6-3.06, "Guarantee," of the Standard Specifications. A guaranty form for this purpose is included in the bid package documents.

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Full compensation for furnishing the guaranty and bonds will be considered as included in the Contract price and no additional compensation will be allowed therefore.

5.13 SUBCONTRACTING
No subcontract releases the Contractor from the Contract or relieves the Contractor of their responsibility for a subcontractor's work.

If the Contractor violates Public Contract Code Section 4100 et seq., the City of Grover Beach may exercise the remedies provided under Public Contract Code Section 4110. The City of Grover Beach may refer the violation to the Contractors State License Board as provided under Public Contract Code Section 4111.

The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

Each subcontract must comply with the Contract.

Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Business and Professions Code, Section 7000 et seq.).

Each subcontractor must have an active and valid California Department of Industrial Relations (DIR) Registration number appropriate for the work to be performed.

Submit copies of subcontracts upon request by the Engineer.

Before subcontracted work starts, submit a Subcontracting Request form.

Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations' Web site.

Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the Work satisfactorily.

Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 7-11.1 of the Standard Specifications.

Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the Contract.

5.14 TRAFFIC CONTROL PLAN
Attention is directed to the provisions in Section 7-1.03, "Public Convenience," of the Standard Specifications and these special provisions. One lane of traffic in each direction shall be open at all times during the Work except for very short periods when needed to move equipment or materials. Side streets may be closed upon City Engineer approval of a traffic control plan prepared by the Contractor.

Full road closures for any extended period of time will only be approved after City Engineer approval of a traffic control detour plan prepared by the Contractor.

If at any time during the Work or during any scheduled delays the Contractor fails to maintain traffic control signs and delineators, the City may contract directly for the work and all costs including 15% administrative fees will be deducted from payment due the Contractor.

5.15 PUBLIC CONVENIENCE
Attention is directed to the provisions in Section 7-1.03, "Public Convenience," of the Standard Specifications and these Special Provisions.

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The Contractor shall schedule and conduct his work so as to limit inconvenience to businesses located in or near the Work zone. Access to businesses shall be available at all times unless otherwise approved by the City Engineer. On-street parking shall be opened to the public when not in conflict with the day’s scheduled work. Public traffic shall be permitted to pass through the Work at all times during construction unless otherwise approved by the City Engineer. During nights, weekends or other times when the Contractor is not on site working and when traffic is routed on a travel area next to a drop off of more than 1-inch the Contractor shall backfill the adjacent excavation with compacted base material to within 1-inch of the traveled way surface a minimum of 3-feet outside of the traveled way and shall maintain delineators at the edge of the traveled way. Minimum traveled way shall be 11-feet. Upon approval by the City Engineer, traffic may be routed onto compacted base. The Contractor shall provide reduced speed signs, shall inspect the traveled way twice daily and shall water and maintain the base free of ruts and depressions.

The Contractor shall prepare 3-feet x 3-feet signs, reflective blue letters on white background indicating that businesses are open during construction. One sign shall be placed in each direction ahead of the Work on temporary barricades or sign posts installed and maintained by the Contractor.

The Contractor shall provide changeable message signs in each direction ahead of the Work beginning 10 days prior to construction and continuing for 30-calendar days while the work is in progress. The message indication shall include “Roadwork, Expect Delays” and the duration of the Work.

The Contractor shall inspect and maintain all construction signs and delineators twice daily during the closures or suspension identifiedabove.

Full compensation for public convenience will be considered as included in the Contract price or prices paid for the items of Work involved and no additional compensation will be allowed therefore.

5.16 FACILITIES (UNDERGROUND AND/OR ABOVEGROUND)
The information and data shown or indicated in the contract documents with respect to existing underground and/or aboveground facilities at or contiguous to the site is based on information and data furnished by the owners of such underground and/or aboveground facilities, including the City, or by others. Unless it is otherwise expressly provided in the Special Provisions:
• City shall not be responsible for the accuracy or completeness of any such information or data; and
• The cost of all of the following shall be included in the Contract price paid for various items of Work involved and no separate additional payment will be made therefore and the Contractor shall have full responsibility for:
o Reviewing and checking all such information and data; o Locating via potholing all underground facilities shown or indicated in the contract documents. Contractor shall determine the location and depth of all utilities via potholing, including service connections, which have been marked by the respective utility owners and which may affect or be affected by the Contractor’s operations. Full compensation for such Work shall be considered as included in Contract price; o Coordination with all utility service providers for Work affecting their facilities; and o The safety and protection of all such underground and/or aboveground facilities and repairing any damage thereto resulting from the Work.
• If an underground facility is uncovered or revealed at or contiguous to the site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the contract documents, Contractor shall, promptly, but in no case more than five (5) Days after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency), identify the owner of such underground facility and give written notice to that owner and to City. City will promptly review the underground facility and determine the extent, if any, to which a change is required in the contract documents to reflect and document the consequences of the existence or location of the underground facility. During Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 52 | P a g e CIP 2295-18
such time, the Contractor shall be responsible for the safety and protection of such underground facility.

The Contractor shall review the pothole data they collect and determine the proper methods to achieve required compaction over utility lines without damaging the existing facilities.

The Contractor shall review the pothole data they collect prior to purchasing any and all valves, couplings, fittings, restraints, or any other components and appurtenances necessary for connections to existing utilities. The Contractor shall expect to work with various existing pipe materials, including but not necessarily limited to steel, asbestos cement, ductile iron, and PVC; therefore, the potholing information needed to be collected shall include any and all dimensions necessary for the successful and water-tight connection with the existing facilities. All potholing data shall be collected a minimum of fifteen (15) working days before the utility improvement work is scheduled to be performed to allow sufficient time for the Contractor’s parts to be ordered and delivered. Furthermore, the minimum of fifteen (15) working days is necessary to accommodate any redesign effort by the City should differing site conditions of underground facilities be encountered. Full compensation for such Work shall be considered as included in Contractor’s Bid price.

When underground utility work is part of this Contract, then the Contractor shall review the pothole data prior to purchasing any fittings, restraints, or other components necessary for connections to existing utilities.

The following is contact information for utility companies having infrastructure within the City is provided as reference to the Contractor.

Utility Company Contact Name e-mail
Phone (805)
Area Code Address
Electrical PG&E Denise Clarke [email protected] 805-546-5272 4325 S. Higuera SLO, 93401
Phone AT&T Neil Zakaria [email protected] 805-546-7012 196 Suburban Rd SLO, 93401
Fiber/Phone Charter Tim Lindsay [email protected] 805-544-1962, X 3353
7555 San Luis Ave
Atascadero, CA 93422
Fiber Astound Shawn Thomas [email protected] 805-548-8070 711 Tank Farm Rd #210 San Luis Obispo, CA
93401
Oil Phillips 66 Leo Martinez [email protected] 805-226-2656 1232 Park St, Ste 300 Paso Robles, 93446
Gas So Cal Gas Scott Hale [email protected] 805-681-7939 750 Industrial Way SLO, 93401
Water/Sewer Grover Beach Public Works
Department
[email protected] 805-473-4530 154 S. 8th St
Grover Beach, 93433

5.17 ORDER OF WORK
The Contractor shall arrange his work order and schedule to provide the least possible disruption to business and on-street parking access.

5.18 DIFFERING SITE CONDITIONS

5.18-A CONTRACTOR'S NOTIFICATION. Contractor shall promptly notify the City’s Engineer if either of the following conditions are found:

1. Physical conditions differing materially from either of the following:
• Contract documents
• Job site examination

2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract.

Contractor shall provide in writing details explaining the information relied upon and the material differences discovered.

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If Contractor fails to promptly notify the Engineer, then Contractor waives the differing site condition claim for the period between the discovery of the differing site condition and when notification was provided to the Engineer.

If Contractor disturbs the site after discovery and before the Engineer's investigation, the Contractor waives the differing site condition claim.

5.18-B ENGINEER'S INVESTIGATION AND DECISION. Upon Contractor’s notification, the Engineer investigates job site conditions and:

1. Notifies the Contractor whether to resume affected work.

2. Decides whether the condition differs materially and is cause for an adjustment of Contract time, Contract price, or both.

5.19 COOPERATION
Should construction be underway by the City, other agencies, utility providers, or other contractors within or adjacent to the limits of Work specified or should work of any other nature be underway by other forces within or adjacent to said limits, then Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the right to perform other or additional work at or near the site at any time, by the use of other forces.

When necessary, Contractor shall so conduct operations as to permit access to the site and provide time for utility work to be accomplished during normal work hours during the progress of the Work.

During the progress of the Work under this Contract, these projects may be in progress within or near the Work area of this Contract.

Responsible Party Location Type of Work Contact Information City of Grover Beach Ramona Garden Park and
10th and Brighton surrounding
the park
Utility work,
reconfigure ADA
parking on
Brighton
Public Works

5.20 COMPLETION OF THE WORK OF IMPROVEMENTS
Upon completion of the work of improvements, including final cleanup, punch list work, other corrective work, and all contractual obligations, the Contractor shall submit a signed written affidavit that states (A) that completion of the Work has occurred, (B) the date of such completion, and (C) that the Project’s Work is ready for final inspection. Within 30 calendar days after receipt of the signed written affidavit, the Engineer will inspect the work and will either (1) reject the affidavit’s recommendation of the date of completion of the work of improvements and that the work zone is ready for final inspection and Contract acceptance, specifying the defective and/or incomplete portions of the work, or (2) accept the affidavit and state the date of actual completion. The Engineer may elect to submit a request to the City for acceptance by the City Council. The City may elect to record a notice of completion with the County.

If the Engineer rejects the signed written affidavit that the completion of the work of improvements has occurred, then the Contractor shall promptly remedy the defective and/or incomplete portions of the work.

Thereafter, the Contractor shall give the Engineer a revised written signed affidavit that the completion of the work of improvements has occurred and a new date based on when the defective and/or incomplete portions of the work were corrected. The foregoing procedure shall apply successively thereafter until the Engineer accepts the affidavit and requests to the City for the Director’s written notice of Contract acceptance and establish the Contract acceptance date.

5.21 THIRD-PARTY CLAIM
The City shall give Contractor timely notice of any third-party claim related to the Contract.

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5.22 TRENCHING
Pursuant to Public Contract Code section 7104, when any excavation or trenching extends greater than four feet below the surface:

The Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, if any:
(1) Material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code section 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from the Completion Date provided for by the Contract Documents, but shall proceed with all work to be performed under the Contract Documents. The Contractor shall retain any and all rights provided either by the Contract Documents or by law which pertain to the resolution of disputes and protests between the contracting Parties.

5.23 EXISTING UTILITY LINES; REMOVAL AND RELOCATION
Pursuant to Government Code section 4215, the City assumes the responsibility for removal, relocation, and protection of utilities located on the site at the time of commencement of construction under this Agreement with respect to any such utility facilities which are not identified in this Agreement, the plans and specifications. The Contractor shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of the City to provide for removal or relocation of such utility facilities.

City shall compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, removing or relocating such utility facilities, and for equipment necessarily idle during such work.

5.24 ASSIGNMENT OF ANTI-TRUST CLAIM.

Pursuant to Government Code section 4552, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the owner all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 [commencing with section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the Parties. If the City receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Chapter 11 (commencing with section 4550) of Division 5 of Title 1 of the Government Code, the assignor may, upon demand, recover from the City any portion of the recovery, including treble damages, attributable Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 55 | P a g e CIP 2295-18
to overcharges that were paid by the assignor but were not paid by the City as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.

5.25 AUDIT
Pursuant to and in accordance with the provisions of Government Code section 8546.7, or any amendments thereto, all books, records, and files of the City, the Contractor, or any Subcontractor connected with the performance of this Contract involving the expenditure of state funds in excess of Ten Thousand Dollars ($10,000.00), including, but not limited to, the administration thereof, shall be subject to the examination and audit of the Office of the Auditor General of the State of California for a period of three (3) years after release of all retention under this Contract. Contractor shall preserve and cause to be preserved such books, records, and files for the audit period. During the progress of the Work and for three (3) years after Completion of the Work, City shall also have the right to an audit of all of Contractor’s books, records, subcontracts, material and equipment contracts, files, and information related to the Contract, and Contractor must cooperate by producing all requested items within seven (7) days.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 56 | P a g e CIP 2295-18
SECTION 6. MEASUREMENT AND PAYMENT

6.01 CHANGES
Attention is directed to Section 4-1.05, "Changes and Extra Work," and Section 9-1.04, "Force Account," and 5-1.43 “Potential Claims and Dispute Resolution,” of the Standard Specifications and these Special Provisions. Delete section 5-1.43E of the Standard Specifications.

Any changes will be set forth in a Contract Change Order which will specify, in addition to the work to be done in connection with the change made, adjustment of Contract time, if any, and the basis of compensation for such work. A Contract Change Order is final when the City and Contractor sign the Contract Change Order and the City Council has approved it.

Changes in the work will be transmitted to the Contractor as either a Request for Modification Proposal (RFMP) or a written field order. The RFMP will describe the change in work and request a proposal for change in the contract price and/or time. The Contractor shall promptly prepare the requested modification proposal and return to the Engineer. The Engineer will coordinate with the Contractor for any modifications to the work or the proposed change in contract price and/or time. The outcome of the coordination will be presented within a Contract Change Order. Any contract monetary adjustments constitutes compensation in full on behalf of the contractor and his subcontractors and suppliers for all costs and markup directly or indirectly, including extended overhead, attributable to the change order, for all delays related thereto, and for performance of the change within the time frame stated. Contractor in addition agrees the adjustment to compensation to the base agreement as manifested by this change order represents any and all cost whatsoever related to cumulative impacts or any synergistic effects, whether known or unknown, that may arise out of the work performed under this contract or in conjunction with other work or change orders approved under this agreement. Contractor waives any right to request additional compensation for any reason other than agreed to in accordance with this change order.

A written field order, or other written directive, is a written notice issued by the Engineer which requires minor changes in the work but which does not involve a change in the contract price or contract times.

The purpose of a written field order is to document clarification to the plans and/or specifications. The Contractor shall issue a RFI if the written field order is unclear or if additional information is needed.

The information contained within and/or attached to any RFMP or a field order which change the plans and/or specifications are conveyed to the Contractor typically as a single copy, either in hardcopy or softcopy. The Contractor is responsible for the cost of reproduction and distribution of the materials to their personnel and/or subcontractors. No additional payment will be made for reproduction and distribution costs of documents related to changes.

6.02 PROGRESS PAYMENTS
Attention is directed to Section 9-1.16, "Progress Payments," of the Standard Specifications and these Special Provisions. All progress payment applications and progress payments shall comply with Public Contract Code section 20104.50, which requires (among other things) payment within 30 days of submission of a proper submitted and undisputed payment request.

On or about the last day of each calendar month, the Contractor shall make an estimate of all work under the Contract completed to date. The Contractor shall use his “Progress Pay Estimate” form which shall be used for the estimate and submitted to the Engineer. The Contractor shall make an estimate of all work under the Contract completed to date. The estimate shall be delivered to the Engineer who will verify and, if found correct, will approve such estimates. Said estimates shall include a five percent (5%) retention by the City in accordance with Public Contract Code sections 7201 and 9203.

The final progress payment application shall not be submitted until completion of the Work is confirmed by the Engineer after inspection (see §5.20, above).

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 57 | P a g e CIP 2295-18
Where City staff and equipment are used for work, billing will be done at the hourly billing rate for City staff. City materials and equipment will be billed in compliance with section 9-1.04. Work performed by a third party will be billed at the amount charged to the City for the work plus an additional five percent markup. The total cost-plus markup may be retained from contract or for private work billed to permittee.

6.02-A OTHER PAYMENT WITHHOLDINGS. The application for progress payment and the payment thereof, or both, may at any time, be withheld or reduced if, in the opinion of the Engineer, the Contractor is not performing the Work in accordance with the Contract in a material respect, diligently and efficiently endeavoring to comply with intent of the Contract, of if the Contractor shall fail to pay his labor and material bills as they become due. In determining whether the Contractor’s failure to perform in accordance with the Contract is material, the Engineer will give consideration, among other factors, to whether the Contractor’s failure to perform endangers the public health, safety, and welfare, and whether the Work is being performed in accordance with the accepted construction schedule.

The City may withhold monies from progress payments and other payments which would otherwise be payable at any time hereunder, and apply the same (or so much as may be necessary therefore) to the payment of expenses, losses, or damages incurred by the City for which the Contractor is liable under the Contract, including but not limited to:

1. Failure of the Contractor to submit or obtain acceptance of a progress schedule, schedule of values, and any updated schedules;

2. Defective or non-conforming work;

3. Costs incurred by the City to correct, repair or replace defective or nonconforming work or to complete the Work;

4. A reasonable doubt that the Work can be completed for the balance then unpaid;

5. A reasonable concern by the City that the materials, equipment or component parts are not in proper operation condition;

6. Liquidated damages that have accrued and that are likely to accrue in the future;

7. Failure to perform in accordance with the Contract;

8. A reasonable concern that cost or liability that may occur to the City as the result of the Contractor’s, subcontractor’s or supplier’s improper acts, omissions, fault, or negligence will cause City to incur cost, expenses or liability (even if City is indemnified for such cost, expense or liability);

9. Deduction in Work;

10. Failure of the Contractor to repair damaged materials, equipment, property, or work;

11. Failure of the Contractor to provide or obtain review of submittals;

12. Failure to pay subcontractors or suppliers;

13. Stop payment notices given to the City by Contractor’s subcontractors and suppliers;

14. Failure to keep record plans/documents (e.g. as-built drawings) up to date subject to a monthly inspection by the Engineer;

15. Failure to comply with all applicable federal, state, and local laws, statutes, regulations, codes, licenses, easements, and permits:

16. Failure to obtain and maintain applicable permits, insurance, and bonds; and

17. Failure to comply with the Contract safety requirements.

For withhold items where the dollar amount is estimated (including but not limited to future liquidated damages), the City may withhold 150% of the estimated amount.

6.03 FINAL PAYMENT
Attention is directed to Section 9-1.17, "Payment After Contract Acceptance," Section 9-1.17(2)(b), "Overhead Claims," and Section 9-1.21, "Clerical Errors," and 9-1.22 “Claim Resolution Procedure,” of the Standard Specifications and these Special Provisions.

Replace 2nd paragraph in section 9-1.17C with:

Submit either a written acceptance of the proposed final progress payment estimate or a claim statement postmarked or hand delivered before the 31st day after receiving the proposed final progress payment estimate.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 58 | P a g e CIP 2295-18
Delete 3rd paragraph in section 9-1.17C.
9-1.17D Final Payment and Claims
9-1.17D(1) General
Replace section 9-1.17D(1) with:

If you accept the proposed final progress payment estimate or do not submit a claim statement within 30 days of receiving the proposed final progress payment estimate, the Engineer will process the proposed final progress payment estimate for payment. The final progress payment will be paid pursuant to Public Contract Code section 20104.50. A notice of completion may be recorded by the City pursuant to Civil Code sections 9200 et seq. This final progress payment estimate and payment is conclusive except as specified in sections 5-1.27, 6-3.06, and 9-1.21.

If you submit a claim statement within 30 days of receiving the Engineer's proposed final progress payment estimate, the Engineer furnishes a semifinal progress payment estimate to the Contractor and the City pays the amount due pursuant to Public Contract Code section 20104.50. The semifinal progress payment estimate is conclusive as to the amount of work completed and the amount payable except as affected by the claims or as specified in sections 5-1.27, 6-3.06, and 9-1.21. 9-1.17D(2) Claim Statement
9-1.17D(2)(a) General
Add to section 9-1.17D(2)(a).

Each timely claim or claim statement must show the following:

1. The identification number

2. Date the Initial Potential Claim was furnished to the Engineer

3. Date the Supplemental Potential Claim was furnished to the Engineer

4. The final amount of additional payment requested

5. Attach a copy of the Full and Final Potential Claim Record If a claim or claim statement is not timely submitted, Contractor shall have completely waived any right to later submit a change order request or claim on that issue, or to later pursue any additional money or time in any manner related to that issue, regardless of the merits. Contractor will not have satisfied a condition precedent or exhausted administrative remedies.

Submit claims to:

Greg Ray, Public Works Director/City Engineer
154 S. 8th Street
Grover Beach, CA 93433
9-1.17D(2)(b) Overhead Claims
Replace 6th paragraph in section 9-1.17D(2)(b) with:

The CPA's audit must be performed as an examination-level engagement under the attestation engagements in the Government Auditing Standards published by the Comptroller General of the United States. The CPA’s audit report must express an opinion whether or not your calculations of your actual field and home office overhead daily rates comply with section 9-1.17D(2)(b). The attest documentation prepared by the CPA in connection with the audit must be reproduced and submitted for review with the audit report.
9-1.17D(2)(d) Waiver
Add to 1st paragraph in section 9-1.17D(2)(d).

You did not comply with applicable notice or protest requirements including but not limited to:
section 4-1.06
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 59 | P a g e CIP 2295-18
section 5-1.06
section 5-1.42
section 8-1.07
9-1.17D(3) Final Determination of Claims
Delete 6th paragraph in section 9-1.17D(3)
9-1.22 CLAIM RESOLUTION PROCEDURE
Replace section 9-1.22 with:

Each timely claim statement submitted by Contractor to the City shall be handled by the parties pursuant to the procedures in Public Contract Code section 9204(d), including but not limited to a written response from the City within 45 days, an informal conference if requested by contractor, and a mediation if the informal conference did not resolve the dispute.

The procedures of Public Contract Code section 20104 et seq. may also apply, but only to the extent that they do not conflict with the procedures of Public Contract Code section 9204(d).

Prerequisite Documentation Required Prior to Issuing Final Progress Payment. In additional to the requirements for Final Progress Payment set forth in the other contract documents, the Final Progress Payment shall not become due to the Contractor until the following has been submitted to the Engineer (Note: the Engineer reserves the right to not requirement any of the below submittals which the Engineer determines, in his/her sole discretion, is not applicable to a particular project):

1. A full, complete and proper Final Application for Progress Payment showing the proposed total amount due the Contractor, segregated as to Contract quantities, changes in the work, and other basis for payments; deductions made or to be made for prior payments; amounts to be retained; any Claims the Contractor intends to file at that time or a statement that no Claims will be filed; and any unsettled Claims, stating amounts;

2. Written consent of surety(ies) to Final Progress Payment;

3. The required as-built drawings of the installed improvements including existing substructures encountered (in reproducible format);

4. Reasonable proof that taxes, fees and similar obligations of Contractor have been paid;

5. Documentation that Contractor has inspected, tested, and adjusted performance of every system or facility of the work to ensure that overall performance is in compliance with terms of the Contract Documents;

6. Reasonable proof that Contractor has discontinued and removed temporary facilities and services from the work zone, along with construction tools and facilities, forms, and similar items except for Contractor’s field office;

7. Reasonable proof that Contractor has provided instructions for the City’s operation personnel on systems and equipment operational requirements;

8. A report on performance of completed installations after adjustment that appear unable to comply with the requirements of the Contract Documents;

9. The operating manuals for operating and maintaining the work; and

10. A copy of all warranties from vendors and subcontractors, operations and maintenance manuals, instructions and related agreements, equipment certifications and similar documents, and maintenance and operating instructions.

No Waiver of Claims by City. The making of the Final Progress Payment, and/or the failure to withhold amounts from the Final Progress Payment, shall not constitute a waiver of any claims by the City including, but not limited to, the following:

1. Unsettled stop payment notices;

2. Faulty or defective work;

3. Failure of the work to comply with the requirements of the Contract Documents;

4. Terms of special warranties required by the Contract Documents; or

5. Any other cause, unless specifically waived by the City in writing.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 60 | P a g e CIP 2295-18
Waiver of Claims by Contractor. Acceptance of the Final Progress Payment by the Contractor shall constitute a waiver of claims by the Contractor except those previously made properly in writing in accordance with the Contract Documents and identified by the Contractor as unsettled at the time of Final Application for Progress Payment.

6.04 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The Contractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving release of retention from the City. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating Contractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor.

6.05 RELEASE OF RETENTION
The release of retention shall be made pursuant to Public Contract Code Section 7107. Within 60 calendar days after the date of completion (as defined by Section 7107), the retention withheld by the City shall be released. In the event of a dispute between the City and the Contractor (including but not limited to the grounds stated in Section 6.02-A, above), the City may withhold from the release of retention an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 61 | P a g e CIP 2295-18
SECTION 7. REFERENCE INFORMATION

7.01 GEOTECHNICAL INFORMATION
N/A

7.02 REFERENCE INFORMATION AVAILABLE AT THE CITY
The following reference information is available for review at the City of Grover Beach, Department of Public Works, 154 South 8th Street, Grover Beach, California, between the hours of 8:00 a.m. and Noon, and 1:00 p.m. and 4:30 p.m. on business days that the City is open. • City’s Circulation Element of the General Plan (also available on the City’s website) • The Bicycle Master Plan (also available on the City’s website) • Water Atlas
• Sewer Atlas
• Stormwater Atlas (under development, draft available for review at City) • Record drawings of road improvements
• Record drawings of tract developments (limited information available) • City of Grover Beach Quality Assurance Plan
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 62 | P a g e CIP 2295-18
SECTION 8. MATERIALS

8.01 GENERAL
Attention is directed to Section 6-3, "Quality," of the Standard Specifications and these Special Provisions.

All materials required to complete the Work under this Contract, except City-furnished materials as specified in Section 10 of these Special Provisions, shall be furnished by the Contractor.

8.02 TESTING
Testing shall conform to the provisions of Section 6-3, "Quality," of the Standard Specifications and these Special Provisions. Relative compaction tests may be performed by the Engineer in accordance with Test Method No. Calif. 216F, ASTM D 698, ASTM D 1556, ASTM D 1557, ASTM D 2937, ASTM D 2922 and/or ASTM D 2049. Testing frequency and location shall comply with the City of Grover Beach Quality Assurance/Quality Control (QA/QC) program. The Contractor shall provide the number and frequency of samples required by the QA/QC plan.

Full compensation for conforming to this section will be considered as included in the price paid for the Work involving testing and no separate payment will be made therefore.

8.03 FOREIGN MATERIALS
In the event the Engineer desires to witness the testing or perform in-plant inspection of foreign materials and equipment, the full cost of the Engineer's transportation and subsistence connected therewith shall be borne by the Contractor.

Note that the City has no testing facilities of its own and the Contractor shall provide all required facilities for testing foreign materials and equipment.

Full compensation for conforming to this section will be considered as included in the price paid for the Work involving foreign materials and equipment and no separate payment will be made therefore.

8.04 CITY-FURNISHED MATERIALS
Attention is directed to Section 6-2.03, "Department-Furnished Materials," of the Standard Specifications and these Special Provisions.

The City-furnished materials include only the following:
• Water will be provided to the Contractor free of charge at a location to be designated by the Engineer. The Contractor shall submit to the Engineer a RFI requesting for a fire hydrant meter, and indicate an approximate location where to locate the meter. The City will evaluate the request and advise of any alternations of locations if needed.

All other materials required to perform the Work shall be furnished by the Contractor.

8.05 QUALITY ASSURANCE
The City uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. Records and reports of tests the City performs may be examined if they are available at the job site. Contractor shall schedule the work to allow time for QAP testing.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 63 | P a g e CIP 2295-18
SECTION 9. DESCRIPTION OF WORK
The Work, in general, consists of furnishing all materials, labor, equipment, tools, transportation and services for MEASURE K-14 MAJOR STREET MAINTENANCE PROJECT, CIP 2295-18 The Base Bid Work includes micro surfacing approximately 90 blocks of existing asphalt concrete roadway segments, including dig outs, crack sealing, and striping. Work ancillary to this maintenance treatment includes, but is not limited to, project management and controls activities, mobilization activities, public notification and interaction activities, traffic control, protection and of existing utility covers, replacement of striping and markings, traffic control, and providing construction survey services, and survey monument protection.

Broken concrete or asphalt or other deleterious material is to become the property of the Contractor and shall be disposed of in accordance with the Standard Specifications.

Such other items and details, not mentioned above, that are required by the plans, Standard Specifications or these Special Provisions shall be performed, placed, constructed or installed.

Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E 64 | P a g e CIP 2295-18
SECTION 10. TECHNICAL SPECIFICATIONS
Docusign Envelope ID: 15FF5EE8-3498-4B3B-B04C-0927852F763E Bid Opening Date: Thursday, May 8, 2025 @ 2:00 p.m.

Bids for: Project_CIP 2295-18
Sealed Bids Received from:

No. Company Name & Address Total Base Bid
(Page 9)
1 American Asphalt South, Inc.

P.O. Box 7427
Riverside, CA 92513
$1,050,129.91
2 VSS International, Inc.
3785 Channel Drive
West Sacramento, CA 95691
$894,120.00
3 Pavement Coatings Co.
10240 San Sevaine Way
Jurupa Valley, CA 91752
$854,327.10
4 5
6 7
*Bid results are subject to verification by engineering.

City of Grover Beach Bid Opening Results
5/8/2025 1 of 1
Attachment 2
Project #2295-18
*SURFACE TREATMENT

PROJECT
Attachment 3

Grover Beach City CouncilMay 27, 2025

Grover Beach City Council
May 27, 2025