Project No. GC2026-02

TOWN OF APPLE VALLEY

Apple Valley Golf Course

Monument Sign and Landscape Project

BID AND CONTRACT DOCUMENTS

i TABLE OF CONTENTS

TABLE OF CONTENTS

Page No.

TABLE OF CONTENTS .............................................................................................................. I

SECTION 100 - NOTICE INVITING BIDS

SECTION 200 - INSTRUCTIONS TO BIDDERS

SECTION 300 - BID FORM

SECTION 305 - CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMP

SECTION 310 - BID BOND

SECTION 320 - NON-COLLUSION DECLARATION

SECTION 330 - BIDDER INFORMATION AND EXPERIENCE FORM

SECTION 340 - DESIGNATION OF SUBCONTRACTORS

SECTION 350 - IRAN CONTRACTING ACT CERTIFICATION

SECTION 360 - PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

SECTION 370 - CARB FLEET COMPLIANCE CERTIFICATION

SECTION 400 - CONTRACT FOR CONSTRUCTION

SECTION 510 - PERFORMANCE BOND

SECTION 520 - PAYMENT BOND

SECTION 600 - GENERAL CONDITIONS

SECTION 700 - SPECIAL CONDITIONS

TECHNICAL SPECIFICATIONS

PLANS AND DRAWINGS

1 SECTION 100 - NOTICE INVITING BIDS

SECTION 100 - NOTICE INVITING BIDS

The Town of Apple Valley (“Town”) will receive sealed bids for the Apple Valley Golf Course Landscape and Monument Sign Project (“Project”) at the office of the Town Clerk at 14955 Dale Evans Parkway Apple Valley, CA 92307, no later than August 10, 2026 at 10:00am at which time or thereafter bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be valid for sixty (60) Working Days after the bid opening date.

REQUESTS FOR INFORMATION: All requests for information (RFI) must be submitted in writing and received no later than July 31, 2026 by 5:30pm. Questions can be sent by email to Apple Valley Golf Course Monument Sign and Landscape Project at drivera@applevalley.org or by mail to:

Town of Apple Valley Parks & Recreation Department

Attn.: Apple Valley Golf Course Landscape and Monument Sign Project 14955 Dale Evans Parkway

Apple Valley, CA 92307

DESCRIPTION OF WORK: The Project generally consists of the design, permitting, fabrication, and installation of two identical monument signs at the Apple Valley Golf Course entrance, including associated landscape, irrigation, and parking lot improvements. Work shall include engineered sign foundations and structural components, electrical connections for sign illumination, architectural finishes, lettering, landscape enhancements, irrigation improvements, concrete curbing, and parking lot modifications, including removal and restriping of parking stalls.

All work shall be completed in accordance with Town-approved plans, specifications, applicable codes, and permitting requirements. Work on the Project shall be completed within Sixty (60) working days.

COST ESTIMATE: $45,000.

AVAILABILITY OF CONTRACT DOCUMENTS: Bids must be submitted on the Town’s Bid Forms. Bidders may obtain a copy of the Contract Documents at no cost in digital format through Bidnet which can be accessed through the Town’s website at https://www.applevalley.org/businesses/bids-contracts. Please note that in order to be considered a plan holder, Contractor must still register as a plan holder through the Town’s portal. A hard copy of the bid documents will be available for review at the Town Clerk’s office.

PRE-BID CONFERENCE: A Mandatory Pre-Bid Conference and Site Walk will be held at Apple Valley Golf Course at 15200 Rancherias Rd. Apple Valley, CA 92307 on the following date(s) and time(s): July 28, 2026 at 10:00am Prospective bidders MAY NOT visit the Site without making arrangements through the Parks & Recreation Director. Bids WILL NOT be accepted from any Bidder who does not attend the Pre-Bid Conference.

BID GUARANTEE: Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the Town in an amount not less than ten percent (10%) of the submitted Total Bid Price.

PAYMENT AND PERFORMANCE BONDS: The successful Bidder will be required to furnish the Town with Payment and Performance Bonds equal to 100% of the Contract Price, prior to mailto:drivera@applevalley.org

2 SECTION 100 - NOTICE INVITING BIDS

execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure section 995.120, and is admitted by the State of California. The successful Bidder shall also be required to meet the insurance requirements of the Town, as set forth in the General Conditions. All of said bond and insurance requirements shall be completed and submitted to the Town within ten (10) consecutive Working Days from the date the Town gives written intentions to award the Contract. Failure to meet these requirements within the allotted time shall be sufficient cause for rejection of Bid.

SUBSTITUTE SECURITIES FOR RETENTION MONEYS: Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by Town to ensure his performance under the Contract.

PREVAILING WAGE RATES: The Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful Bidder, copies of which are on file and will be made available to any interested party upon request at the office of the Town Clerk or online at http://www.dir.ca.gov. A copy of these rates shall be posted by the successful Bidder at the job site. The successful Bidder and all subcontractor(s) under him shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and

1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its bid.

CONTRACTOR’S LICENSE: Each Bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: Class A or Class C-29.

SOLE SOURCING: Pursuant to Public Contract Code section 3400(c), if the Town has made any findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special Conditions.

SUBSTANTIAL COMPLEXITY: Pursuant to Public Contract Code section 7201, the Town has made a determination that the work included in this Contract is substantially complex, and

3 SECTION 100 - NOTICE INVITING BIDS

therefore a retention of 10% will be withheld from each progress payment as provided by the Contract Documents.

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

AWARD OF CONTRACT: The Town shall award the Contract for the Work to the lowest responsive, responsible bidder as determined from the base bid by the Town. The Town reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

BID RESULTS: Bid results will be posted on the Town’s website at https://www.applevalley.org/businesses/bids-contracts. For additional information, please contact the Town Clerk’s office at extension 7800.

END OF NOTICE INVITING BIDS

4 SECTION 200 - INSTRUCTIONS TO

BIDDERS

SECTION 200 - INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS

Bids must be submitted to the Town on the Bid Forms which are a part of the Bid Package for the Work. Bid and Contract Documents may be obtained from the Town at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid and Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

The Town shall also make the Bid and Contract Documents available for review in electronic form at one or more plan rooms at no charge, as required by Public Contract Code section 20103.7.

Please Note: Prospective bidders who choose to review the Contract Documents at a plan room must contact the Town to obtain the required Contract Documents if they decide to submit a bid for the Work. The Town does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents.

Addenda, if any, issued during the bid period will be sent only to those contractors who have obtained documents from the Town. Failure to acknowledge Addenda may make a bid nonresponsive and not eligible for award of the contract.

2. EXAMINATION OF CONTRACT DOCUMENTS

The Town has made copies of the Contract Documents available as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract Documents. Bidders shall be solely responsible for their failure to examine the documents and inform themselves, shall proceed at their sole risk, and no relief for error or omission will be given except as required under State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS

Discrepancies in, and/or omissions from the Bid or Contract Documents or questions as to their meaning shall be immediately brought to the attention of the Town by submission of a written request for an interpretation or correction to the Town. Any such submission must be sent to the Town Clerk by emailing to drivera@applevalley.org.

Any interpretation of the Bid or Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has obtained a set of Bid and Contract Documents from the Town. The Town will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Bid or Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all work to be performed under the Contract Documents.

mailto:drivera@applevalley.org

5 SECTION 200 - INSTRUCTIONS TO BIDDERS

4. INSPECTION OF SITE, PRE-BID CONFERENCE AND SITE WALK

Each prospective bidder is responsible for fully acquainting itself with conditions of the Site (which may include more than one location) and those relating to construction of the Work, fully understanding the facilities, difficulties and restrictions which may affect the cost or effort required to complete the Work. To this end, a Pre-Bid Conference and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.

5. ADDENDA

The Town reserves the right to revise the Bid and Contract Documents prior to the Bid Opening date. Revisions, if any, shall be made by written addenda. All addenda issued by the Town shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code section 4104.5, if the Town issues an Addendum which includes material changes to the Work less than seventy-two (72) hours prior to the deadline for submission of bids, the Town will extend the deadline for submission of bids no less than seventy-two (72) hours. The Town may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Each prospective bidder shall provide Town a name, email address and facsimile number to which addenda may be sent, as well as a telephone number by which the Town can contact the bidder. Copies of addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all addenda. Each bidder should contact the Town Clerk to verify that it has received all addenda issued, if any, prior to the bid opening. Failure to acknowledge receipt of all addenda may result in bid rejection.

6. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only unless otherwise specified in the Notice Inviting Bids. The time required for completion of the alternate bid items has been factored into the Contract Time and no additional time will be allowed for performing any of the alternate bid items. Regardless of whether the alternates bid items will be considered in determining the low bid, the Town may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the scope of Work. Accordingly, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

7. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the Bid and Contract Documents. The use of Bid Forms other than clear and correct photocopies of those provided by the Town will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms.

Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Form may result in the bid being deemed non-responsive.

6 SECTION 200 - INSTRUCTIONS TO BIDDERS

8. MODIFICATIONS OF BIDS

Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid and Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

9. DESIGNATION OF SUBCONTRACTORS

Pursuant to State law, the Bidders must designate the name, license number, and location of each subcontractor who will perform work or render services to the Bidder in an amount that exceeds one-half of one percent (1/2%) of the Bidder’s Total Bid Price or ten thousand dollars ($10,000) as well as the portion of work each such subcontractor will perform on the form provided herein by the Town. No additional time will be provided to bidders to submit any of the information required in the Designation of Subcontractor form.

10. LICENSING REQUIREMENTS

Pursuant to section 7028.15 of the Business and Professions Code and section 3300 of the Public Contract Code, all bidders must possess licenses issued by the State of California Contractors License Board for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. The Town has determined that bidders must have the class of license designated in the Notice Inviting Bids to be eligible for award of this Contract.

Pursuant to section 7028.5 of the Business and Professions Code, any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents shall be nonresponsive, and the Town shall reject the Bid. The Town shall have the right to request, and Bidders shall provide within five (5) Working Days, evidence satisfactory to the Town of all valid license(s) currently held by that Bidder before awarding the Contract. Pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

Additionally, prior to execution of a Contract, the successful Bidder shall obtain a Town of Apple Valley business license.

11. SIGNING OF BIDS

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

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

and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of

7 SECTION 200 - INSTRUCTIONS TO BIDDERS

the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

12. BID GUARANTEE

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the Town; (c) a cashier’s check made payable to the Town; or (d) a bid bond payable to the Town executed by the bidder as principal and surety as obligor, in an amount not less than ten percent (10%) of the maximum amount of the bid. The surety insurer shall be admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120. Personal sureties and unregistered surety companies are unacceptable. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, and shall provide the required payment and performance bonds and insurance certificates and endorsements within ten (10) Working Days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid guarantee or bond to the Town and the Town may award the Contract to another bidder or may call for new bids.

13. SUBMISSION OF SEALED BIDS

Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Town at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by Town as stated in the Notice. The envelope shall also show the following in the lower left-hand corner thereof:

Bid of [Bidder’s Name] for the [Project Name]

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

14. DELIVERY AND OPENING OF BIDS

Bids will be received by the Town at the address shown in the Notice Inviting Bids up to the date and time shown therein. The Town will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be opened promptly after the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. The Town may in its sole discretion, elect to postpone the opening of the submitted Bids. Town reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.

8 SECTION 200 - INSTRUCTIONS TO BIDDERS

15. WITHDRAWAL OF BID

Prior to the original time set for bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative. Any request to withdraw a bid after bid opening must be made in accordance with Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) Working Days, excluding Saturdays, Sundays and State holidays, specifying in detail how the mistake was made.

16. BASIS OF AWARD; BALANCED BIDS

The Town shall award the Contract to the responsible Bidder that submits the lowest responsive Bid, which shall be determined as set forth in the Notice Inviting Bids. The Town may reject any Bid which, in its opinion when compared to other bids received or to the Town’s internal estimates, does not accurately reflect the cost to perform the Work. The Town may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit, to one or more particular bid items.

17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID

No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders submitting a bid to the Town. No person, firm, corporation, or other entity may submit a proposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid for the Work.

18. INSURANCE REQUIREMENTS

The successful bidder shall procure and maintain insurance in the form and in the amount specified in the Contract Documents.

19. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Town Council may award the contract or reject all bids. Once the Town notifies the Bidder of the award, the Bidder will have ten (10) Working Days from the date of the award to deliver to Town the executed Contract, all of the required bonds, evidence of insurance, evidence of a Town of Apple Valley business license, and other materials. Once the Town receives all of the properly executed documents and certifications, the Town shall issue a Notice to Proceed.

The apparent low bidder’s failure to submit the required documents within the stated time may result in loss of the Contract and forfeiture of its bid security. If the Town elects to accept bonds and insurance submitted late, the Contract Time will begin to run ten (10) Working Days from the date of the notification of award even if the Town has not issued a Notice to Proceed.

20. WORKERS COMPENSATION

Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.

9 SECTION 200 - INSTRUCTIONS TO BIDDERS

21. RETENTION AND SUBSTITUTION OF SECURITY

The Town will make monthly progress payments based upon work performed in accordance with the Contract Documents. Unless otherwise specified in the Notice Inviting Bids, the Town will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Contractor may substitute securities for the amount so retained in accordance with Public Contract Code section 22300.

22. PREVAILING WAGES

The Town has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available at the office of the Town Clerk or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to section 1777.1 or section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor shall be returned to the Town. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor used on the Work.

24. IRAN CONTRACTING ACT CERTIFICATION

Each bidder shall submit the certification required by the Iran Contracting Act of 2010, Public Contract Code section 2200 et seq. with its bid. The certification is included in the Bid Documents.

25. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

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

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

10 SECTION 200 - INSTRUCTIONS TO BIDDERS

26. PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS) BOND

REQUIREMENTS

The successful bidder shall deliver to the Town four fully executed, identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the Town and included in the Contract Documents. Each bond shall be for one hundred percent (100%) of the Contract Price. The surety insurer shall be admitted to transact surety business in the State of California, in accordance with Code of Civil Procedure section 995.120. Personal sureties and unregistered surety companies are unacceptable. Failure to furnish a bond within this time may, in the sole discretion of Town, result in the forfeiture of the Bid Guarantee.

27. REQUEST FOR SUBSTITUTIONS

The successful Bidder shall comply with the substitution request procedures set forth in the Bid and Contract Documents. Any deadlines for substitution requests that occur prior to the bid opening date are set forth in the Special Conditions.

28. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents. Bidders shall include all applicable taxes and fees that are in effect or reasonably anticipated on the bid date in their bid price.

29. EXECUTION OF CONTRACT

As required herein the successful bidder shall execute the Contract included with the bid documents in the amount determined in accordance with the Contract Documents. The Town may require appropriate evidence that the persons executing the Contract are duly authorized to do so on the Contractor’s behalf.

30. BID PROTEST PROCEDURE

Any bid protest relating to the form or content of the Bid or Contract Documents must be submitted in writing to the Town’s Clerk at least ten (10) Working Days before the original date set for the bid opening. Any bidder who submits a bid without making a protest shall be deemed to have waived any objection to the form or content of the Bid or Contract Documents not previously stated in writing.

Submitted bids will be timely made available for review upon written request of any bidder.

Bidders may file a “protest” of a Bid with the Town’s Clerk. The protest must:

A. Be filed in writing not later than 5:00 p.m. on the fifth business day after the bid opening date;

B. Clearly identify the specific alleged irregularity or other basis for the protest;

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

11 SECTION 200 - INSTRUCTIONS TO BIDDERS

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

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

If the protest is timely and complies with all of the above requirements, the Town’s Clerk, or other designated Town staff member, shall review the protest, any response from the challenged bidder, and all other relevant information. The Town will provide a written response to the protestor.

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

31. CALIFORNIA AIR RESOURCE BOARD – FLEET COMPLIANCE

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

END OF INSTRUCTIONS TO BIDDERS

12 SECTION 300 - BID FORM

SECTION 300 - BID FORM

NAME OF BIDDER:

The undersigned Bidder hereby declares that it has carefully examined the location of the proposed Work, and has read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

Apple Valley Golf Course Monument Sign and Landscape Project

We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Contract Documents for the following TOTAL BID PRICE:

BID PRICE

(IN WRITTEN FORM)

BID PRICE

(IN NUMBERS)

BASE

BID

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

13 SECTION 300 - BID FORM

BID SCHEDULE

NO. ITEM DESCRIPTION

UNIT OF

MEASURE

EST.

QTY.

UNIT

PRICE

LINE ITEM

COST

1.

2.

3.

4.

Bidders must provide pricing for every bid item.

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

In case of discrepancy between the unit price and the line item cost set forth for a unit price item, the line item cost, calculated at the unit price multiplied by the estimated quantity, shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible bidder.

However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Line Item Cost” column, then the amount set forth in the “Line Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. If any of the above discrepancies exist, the Town may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment for unit price items shall be determined by the Town from measured quantities of work performed.

BASE BID PRICE (BASED ON BID SCHEDULE):

Base Bid Price in Numbers

Base Bid Price in Written Form

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to the Town which cannot be withdrawn for the number of Working Days from the bid opening stated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by the Town and a third party, whichever is earlier.

14 SECTION 300 - BID FORM

If the Contract Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Base Bid Price entered above (please check the appropriate box), at the Town’s sole option. The Town can choose to include any, all or none of the Alternate Bid items in the Work. If the Town selects any of the Alternate Bids items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The Town can award/select Alternate Bid items at any time(s).

ALTERNATE

BIDS

BID PRICE

(IN WRITTEN FORM)

BID PRICE

(IN NUMBERS)

ALTERNATE #1

Add Deduct

ALTERNATE #2

ALTERNATE #3

ALTERNATE #4

ALTERNATE #5

ALTERNATE #6

The Contract Time shall commence on the date stated in the Town’s Notice to Proceed or as stated above. In no case shall the Contractor commence construction prior to the date stated in the Town’s Notice to Proceed, or before providing the required bonds and evidence of insurance.

Bidder certifies that it is licensed in accordance with the California law providing for the registration of Contractors, License No. _________, Expiration Date _______, class of license _____. If the bidder is a joint venture, each member of the joint venture must include the above information.

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

Addenda No. _______________________

Addenda No. _______________________

Addenda No. _________________________

15 SECTION 300 - BID FORM

BIDDER’S CHECKLIST

This checklist has been prepared and furnished to assist Bidders in including all items necessary for a complete Bid. Omission of items from the list does not relieve the Bidders of the obligation to comply with all requirements of the bid documents. Bidders' submittals should include, but are not necessarily limited to, the following:

Item Checked

1. Bid Form

2. Bid Schedule

3. Bid Bond or other security

4. List of Subcontractors

5. Information Required of Bidders

6. Contractor’s Certificate Regarding Workers’ Compensation

7. Non-Collusion Declaration

8. Iran Contracting Act Certification

9. Public Works Contractor Registration Certification

10. CARB – Fleet Compliance Certification

Bidder acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

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

Name of Bidder

Signature

Name and Title

Dated

SECTION 305 - CONTRACTOR’S CERTIFICATE

REGARDING WORKERS’ COMPENSATION

SECTION 305 - CONTRACTOR’S CERTIFICATE REGARDING WORKERS’

COMPENSATION

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

Name of Bidder

Signature

Name

Title

17 SECTION 310 - BID BOND

SECTION 310 - BID BOND

The makers of this bond are _______________________________________, as Principal, and ___________________________________________________, as Surety and are held and firmly bound unto the Town of Apple Valley, hereinafter called the Town, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to the Town for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated _______________ __, 20__, for Apple Valley Golf Course Monument Sign and Landscape Project.

If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the Town as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

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

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

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this ____ day of _______________ , 20___, the name and corporate seal of each corporation.

(Corporate Seal)

Contractor/ Principal

By

(Attach Acknowledgment Form)

Surety

Attorney-in-Fact (Attach Attorney-in-Fact Certificate)

18 SECTION 310 - BID BOND

Notary Acknowledgment

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

STATE OF CALIFORNIA

COUNTY OF ______________

On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer

Title(s) Title or Type of Document

Partner(s) Limited

General Number of Pages

Attorney-In-Fact

Trustee(s)

Guardian/Conservator Date of Document

Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

NOTE: This acknowledgment is to be completed for Contractor/Principal.

19 SECTION 310 - BID BOND

verifies only the identity of the individual who signed the evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph

Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

General Number of Pages

Attorney-In-Fact

Trustee(s)

Guardian/Conservator Date of Document

Other:

NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of- Attorney to local representatives of the bonding company must also be attached.

END OF BID BOND

- 20 - SECTION 320 – NON-COLLUSION

DECLARATION

SECTION 320 – NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the ___________________ of ___________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true.

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, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________[date], at ___________________[city], ___________________[state].

Name of Bidder

Signature

Name

- 21 - SECTION 330 - BIDDER INFORMATION AND

EXPERIENCE FORM

SECTION 330 - BIDDER INFORMATION AND EXPERIENCE FORM

A. INFORMATION ABOUT BIDDER

Failure to complete all information may render your bid non-responsive. (Indicate not applicable (“N/A”) where appropriate.)

NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________

Facsimile Number Telephone Number

Email Address

4.0 How many years has Bidder’s organization been in business as a Contractor?

5.0 How many years has Bidder’s organization been in business under its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated?:_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________

- 22 - SECTION 330 - BIDDER INFORMATION AND

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

7.2 Name and address of all partners (state whether general or limited partnership):

8.0 If other than a corporation or partnership, describe organization and name principals:

9.0 List other states in which Bidder’s organization is legally qualified to do business.

10.0 What type of work does the Bidder normally perform with its own forces?

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

- 23 - SECTION 330 - BIDDER INFORMATION AND

14.0 List Trade References:

15.0 List Bank References (Bank and Branch Address):

16.0 Name of Bonding Company and Name and Address of Agent:

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

- 24 - SECTION 330 - BIDDER INFORMATION AND

B. LIST OF CURRENT PROJECTS (Backlog)

Please include only projects that are similar in size, scope and complexity to the Work to demonstrate Bidder’s ability to perform the required Work. The Bidder must specify a minimum of 5 projects of similar size, scope and complexity, within the past 5 years. Failure to meet or exceed this requirement may cause the bid to be rejected.

Project Description of Bidder’s Work

Completion Date

Cost of Bidder’s Work

Contact Name & Phone

- 25 - SECTION 330 - BIDDER INFORMATION AND

C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS

[***Duplicate Page if needed for listing additional completed projects.***]

Please include only projects that are similar in size, scope and complexity to the Work to demonstrate Bidder’s ability to perform the required Work. The Bidder must specify a minimum of 5 projects of similar size, scope and complexity within the past 5 years. Failure to meet or exceed this requirement may cause the bid to be rejected.

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