CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

BELLFLOWER PARK PHASE I

CIP 2024-11

APRIL 20, 2026

PLANS PREPARED

BY:

INFRASTRUCTURE ARCHITECTS, Inc.

City of Adelanto Engineering Division

PREPARED UNDER THE DIRECTION OF

Saba Engineer, P.E.

Grant Administrator RCE No. 55518 Expiration: 12/31/2026

Signature

Bids will be received up to the hour of 10:00 A.M. on May 21, 2026 sengineer Placed Image sengineer Placed Image

Table of Contents

CITY OF ADELANTO

BELLFLOWER PARK PHASE I

PROJECT NO. CIP 2024-11

NOTICE INVITING BIDS

INSTRUCTION TO BIDDERS

SECTION A – Bid Proposal

SECTION B – Sample Contract

SECTION C – General Requirements

SECTION D – General and Special Provisions

SECTION E – Technical Specifications

SECTION F - Electrical Specifications SECTION G - Playground & Fittness Equipment Information

NOTICE INVITING BIDS – BELLFLOWER PARK PHASE I

PHASE IPage 1 of 2

CALIFORNIA

NOTICE INVITING BIDS

I. PROJECT – BELLFLOWER PARK

PHASE I

PROJECT NO. CIP 2024-11

II. SEALED BIDS – Notice is hereby given that sealed bids will be received by the Engineering Department of the City of Adelanto at 11600 Air Expressway, Adelanto, CA 92301, until 10:00 a.m. on May 21, 2026 for the work to be done as described in the Special Provisions entitled Bellflower Park, project number CIP 2024-11. All bids shall be on the Bid Proposal form provided by the City of Adelanto. Faxed bids are not accepted. The City of Adelanto encourages local contractors/sub-contractors to submit bids for this project and on all future City projects.

III. BOND REQUIREMENTS – Bids must be accompanied by a Bidder's Bond in the form of a certified or cashier's check or a corporate surety bond in an amount not less than ten percent (10%) of the bid amount.

Prior to execution of the Contract, the successful bidder shall provide one-hundred percent (100%) Faithful Performance and one-hundred percent (100%) Payment bonds based on the bid amount accepted by the City.

IV. PREVAILING RATE OF WAGES - STATE WAGE RATE REQUIREMENT – The Director 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, which are available online at http://www.dir.ca.gov/dlsr. 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.

Pursuant to Labor Code sections 1725.5 and 1771.1 all contractors and subcontractors that wish to bid, 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 contractors’ 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.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on the 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.

V. MANDATORY PRE BID MEETING – There will not be a pre-bid conference scheduled for this project.

VI. CONTRACT DOCUMENTS – All bid documents, including exhibits and project locations, are contained within these project specifications, which can be obtained through https://www.planetbids.com.

Documents also posted on City’s website at https://www.ci.adelanto.ca.us.

VII. EVALUATION OF BIDS – The City of Adelanto reserves the right to accept or reject any and all bids and to award a Contract to the bidder who best meets its requirements. Relevant factors that shall be http://www.dir.ca.gov/dlsr https://www.planetbids.com./ https://www.ci.adelanto.ca.us/

NOTICE INVITING BIDS – BELLFLOWER PARK PHASE I

PHASE IPage 2 of 2 considered in evaluating the bids are: completeness and accuracy of bid; length and nature of warranties;

anticipated length of life of materials; as well as the lowest and best price.

VIII. AFFIRMATIVE ACTION – The City of Adelanto hereby notifies all bidders that it will affirmatively ensure that, in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration of award.

IX. CONTRACTOR'S LICENSE – All contractors shall be licensed with Class A in accordance with the laws of this state, and any contractor not so licensed shall be subject to the penalties imposed by such laws.

Contractor shall possess the appropriate license prior to award of Contract. The contractor and subcontractors, prior to start of work, shall obtain a City of Adelanto Business License.

X. DESCRIPTION OF WORK – This project generally consists of New Park Construction per Plans and Specifications.

XII LOCATION OF WORK – This project is located on Bellflower Street by Chamberlaine Way, Adelanto, CA 92301, Adelanto, California 92301.

XIII. BEGINNING OF WORK, TIME OF COMPETION AND LIQUIDATED DAMAGES – The work under this contract shall be diligently prosecuted to completion. Required submittals shall be presented for approval within 10 working days from notice of award. Subsequent re-submittals shall be presented within 5 working days. All materials shall be placed and work completed before expiration of the 240 CALENDAR DAYS from notice to proceed. The Contractor shall pay the City of Adelanto the sum of $1,000.00 per day for each and every calendar day delay in finishing the work in excess of the contract time period of 240 CALENDAR DAYS as Liquidated Damages.

XIV. ENGINEERS ESTIMATE – The Engineer’s estimate for this project is $1,700,000

Dated: April 20, 2025

Brenda Lopez City Clerk City of Adelanto

INSTRUCTION TO BIDDERS – BELLFLOWER PARK PHASE I

BELLFLOWER PHASE I

INSTRUCTION TO BIDDERS

I. BIDS – Sealed bids will be received by the Administrative Services Dept, Finance Division, Purchasing Section of the City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301, for furnishing all labor, services, materials, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore, until 10:00 am on May 21, 2026 at which time and place the bids will be publicly opened and read aloud by the City Clerk. Bids shall be submitted in a sealed envelope clearly marked “Bellflower Park, Attention City Clerk". Emailed or faxed bids will not be accepted.

II. PROJECT QUESTIONS – Any prospective bidder desiring an explanation or interpretation of the solicitations, specifications, etc., must request it in writing to:

Saba Engineer, P.E. Grant Administrator Email: sengineer@adelantoca.gov by no later than 5:00 p.m. on May 14, 2026 in order to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all prospective bidders as an amendment to the solicitation, if that information is necessary to submitting bids or if the lack of it would be prejudicial to other prospective bidders.

III. PROPOSAL GUARANTY – Each bid must be accompanied by cash, a cashier's check, a certified check or a corporate surety bond on the form furnished by the City of Adelanto, as a guarantee that the bidder will, if an award is made in accordance with the terms of this bid, promptly secure Workmen's Compensation Insurance, Liability Insurance, execute a Contract on the required form, and furnish satisfactory bonds for the Faithful performance of the contract, and for the payment of claims of material suppliers and laborers hereunder. Said proposal guaranty shall accompany and be enclosed in the same envelope with the Bid Proposal. Said proposal guaranty shall be in an amount not less than ten percent (10%) of the amount of the bid.

IV. EXECUTION OF CONTRACT – The contract shall be signed by the successful bidder and returned, together with contract bonds, copy of insurance policies, and City of Adelanto business License within 10 days, not including Friday, Saturday, Sunday and legal holidays, after the bidder has received the contract for execution.

V. FAILURE TO EXECUTE CONTRACT – Failure of the lowest responsible bidder, the second lowest responsible bidder, or the third lowest responsible bidder to execute the contract and file acceptable bonds as provided herein within 10 days, not including Friday, Saturday, Sunday and legal holidays, after the bidder has received the contract for execution shall be just cause for the forfeiture of the proposal guaranty. The successful bidder may file with the City a written notice, signed by the bidder or the bidder’s authorized representative, specifying that the bidder will refuse to execute the contract if it is presented. The filing of this notice shall have the same force and effect as the failure of the bidder to execute the contract and furnish acceptable bonds within the time hereinbefore prescribed.

VI. RETURN OF PROPOSAL GUARANTIES – The proposal guaranties accompanying the proposals of the first, second and third lowest responsible bidders will be retained until the contract has been finally executed, after which those proposal guaranties, except bidder’s bonds and any guaranties which have been forfeited, will be returned to the respective bidders whose proposal they accompany.

The proposal guaranties, other bidders bonds, submitted by all other unsuccessful bidders will be returned upon determination, by the Authority, of the first, second and third lowest responsible mailto:sengineer@adelantoca.gov bidders.

VII. BID PROPOSAL AND CONTRACT DOCUMENT – The Bid Proposal Documents and Contract Documents shall consist of the Notice Inviting Bids, Instructions to Bidders, General Requirements, Technical Requirements, Proposal Instructions, Proposal, Questionnaire, Bidder's Bond with cash, certified check, cashier's check or bond, Bid Proposal, List of Subcontractors, Non-Collusion Affidavit, Addenda Acknowledgment, Exception Form, Contract, Payment Bond, Faithful Performance Bond, and Guaranty, together with all additions, deletions, modifications, appendices, and all addenda, as prepared prior to the date of this bid opening, setting forth any modifications or interpretations of said documents, are hereby incorporated in and made a part of these Special Provisions, Proposal, and Contract.

VIII. PROHIBITED INTEREST – No member, officer, or employee of the Authority or of a local public body during his tenure or for one (1) year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof.

Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer, or employee of the Authority has any interest, whether contractual, non-contractual, financial, or otherwise, in this transaction or in the business of the contracting party other than the Authority, and if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of such information will be made, in writing, to the other party or parties; even if such interest would not be considered conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title 1 of the Government Code of the State of California.

IX. AFFIRMATIVE ACTION – The Authority hereby notifies all bidders that it will affirmatively ensure that, in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration of award.

X. CONTRACT DOCUMENTS – The Plans and Specifications are available through Planet Bid and other electronic bid board. Potential bidders must register and place their name on the plan holders list to receive updates, addenda and download the project files in portable digital format (pdf).

XI. WITHDRAWAL OF PROPOSALS – Any bid may be withdrawn at any time prior to date and time indicated in Section II, “Sealed Bids” of Notice Inviting Bids only by written request for the withdrawal of the bid received by the City of Adelanto, Engineering Department. The request shall be executed by the bidder or bidder’s duly authorized representative.

XII. RELIEF OF BIDDERS – Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in the bid presented, the bidder shall give the City written notice within 5 days, not including Friday, Saturday, Sunday and legal holidays, after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

XIII. PAYMENT – On or about the first of each calendar month, the Contractor shall request payment for the work performed prior to such date. Each payment request shall be accompanied by the updated progress schedule indicating progress achieved to that date.

Upon approval by the City Engineer, or the designee, of the Contractor's estimate of work completed, the City will make a progress payment to the Contractor equal in amount to the approved estimate less a retention of five (5) percent and less the total of all previous payments.

In preparing estimates, the material delivered on the site, preparatory work done, and the cost of bonds and insurance paid may be taken into consideration.

The making of any payment to the Contractor under this Contract shall not relieve the Contractor of its obligation hereunder. The Contractor is obligated to complete the Contract in its entirety and to deliver to the City such completed work, finished product or structure as is specified in the Contract, at the time or times specified, and until this Contract is fully performed by the Contractor and the work, product, or structure produced thereby is accepted by the City, the Contractor shall be obligated to repair, replace, restore, or rebuild any fully or partially completed work or structure, or any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen, or otherwise injured in any way; provided, however, that with respect to any major unit of the type mentioned in this section, this particular obligation of the Contractor will terminate upon the completion of the Contract and acceptance by the City of such major unit, and provided further that all work, any structure, materials, and equipment covered by any partial payment is made.

When a "Notice to Withhold" is served upon the City, pursuant to the lien statutes of the State of California, to withhold sufficient funds from payments to the Contractor in support of a claim resulting from default by the Contractor in payment for labor or materials used in the execution of this Contract, the City will withhold from payments due the Contractor, an amount of money equal to the amount of the claim stated in the "Notice to Withhold," and an additional amount equal to twenty-five percent (25%) of the amount of said claim to defray any costs of litigation in the event of court action on the claim, for a total withholding of one and one-quarter (1¼) times in the stated amount of the claim.

The Contractor will be required, in requests for payment, to certify, under penalty of perjury, the following:

1. No workmen were required or permitted to work more than eight (8) hours in any one calendar day, except in cases of emergency, and except as provided by law.

2. Not less than the prevailing rates, as set forth in the Contract for this work, have been paid all laborers, workmen, and mechanics employed to perform this work.

3. There were no substitutions of subcontractors, no assignment or transference of subcontractors, except as approved by the City Engineer, or the designee.

4. All of the provisions of the Adelanto Municipal Code, pertaining to non-discrimination in employment have been complied with.

5. The Record Drawings maintained on the job have been noted with all changes made subsequent to the previous request for payment.

6. The Map and Drawings have been submitted and approved by the Contractor or the Consultant, City Engineer, or the designee, as applicable.

The City shall make progress payments on any properly completed payment request submitted by the Contractor. The payment request shall not be deemed properly completed unless certified payrolls, Form WH 348, have been properly completed and submitted on a weekly basis, for each week worked or idle during the time period covered by said payment request.

If payments are to be made for materials or equipment not incorporated in the work but delivered and suitably stored at the site, or at some other location agreed upon in writing, such payments shall be conditional upon submission by the Contractor of bills of sale or such other procedures satisfactory to the City to establish the City's title to such materials or equipment or otherwise protect the City's interest, including applicable insurance and transportation to the site.

The Contractor warrants and guarantees that title to all work, materials and equipment covered by an application for payment will pass to the City of Adelanto upon receipt of such payment by the Contractor, fee and clear of all liens, claims, security interests, or encumbrances - hereinafter referred to in this section as "liens"; and that no work, materials or equipment covered by a request for payment will have been acquired by the Contractor, or by any other person performing the work at the site or furnishing materials and equipment to the project.

XIV. RECYCLING, SALVAGE, AND LANDFILL DIVERSION – The City encourages innovative approaches to recycling, reuse, or salvage. The City of Adelanto is mandated by the State of California to implement programs to reduce the amount of waste sent to landfill by 50% by the year 2000 and beyond.

In order to comply with this State mandate, the City requires all bidders to fill out the attached “Construction/Demolition Waste Recycling Plan” (C/DWRP). The plan outlines how the bidder will divert 50% of waste material from the landfill in order to achieve the State goal. At a minimum, bidders must divert scrap metal, concrete, and asphalt.

The CONTRACTOR will need to complete and submit the attached “Summary Waste Disposal and Diversion Report” (SWDDR). Weight slips documenting actual amounts disposed and diverted must accompany the SWDDR. The SWDDR must be completed at the conclusion of the project and must be submitted to the contract administrator before final payment will be made.

Bidders who need information on local scrap metal recyclers, asphalt and concrete recyclers, or brush and wood recyclers should contact the City of Adelanto Solid Waste Manager at (760) 246-2300.

XV. BOND REQUIREMENTS: Prior to execution of the Contract, the successful bidder shall provide one-hundred percent (100%) Faithful Performance Bond and one-hundred percent (100%) Payment Bonds based on the bid amount accepted by the City of Adelanto.

XVI. PREVAILING WAGES: The contractor and sub-contractor shall comply with all federal regulations and guidelines required in the performance of this contract. Copies of the updated Wage Determination rate are available to any interested party, by visiting www.wdol.gov. Notwithstanding anything in the Contract Documents to the contrary, Contractor shall be responsible for using up-to-date wage rates.

Revisions to the applicable Federal Wage Rates, up to 10 days before bid opening, shall be identified by the issuance of an addendum. The final contract documents signed by the local agency and the contractor, will physically include the Federal Wage Rates, or Federal Wage Rates as revised by addendums, if any such addendums have been issued.

The Federal wage determination that is in effect on the date of the bid opening, as long as the contractor is awarded within 90 days, locks in that Federal Wage Decision for the entire duration of the project. If a new modification is published within the 10 day grace period (prior to bid opening date) this office would not be required to enforce it.

If the contract is not awarded within the 90 day period, the date of the Execution of the Contract or start date for construction, whichever occurs first, would be the date used in determining the applicable Federal Wage Decision.

XVII. SENATE BILL 854 REQUIREMENTS – Senate Bill 854 established a new public works contractor registration program which collects fees to fund compliance monitoring and enforcement. All contractors and subcontractors intending to bid or perform work on public works projects will be required to register, and annually renew, online for the program. The cost to register is currently $300.00 and is a non-fundable DIR fee paid to the State. Contractors and/or subcontractors submitting bids must be registered by March 1, 2015.

No contractor or subcontractor may be listed on a bid proposal for a public works project, submitted on or after March 1, 2015, unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5, with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a). No contractor or subcontractor may be http://www.wdol.gov/ awarded a contract for public work on a public works project awarded on or after April 1, 2015, unless registered with the DIR pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the DIR. (www.dir.ca.gov)

XVIII. ELECTRONIC CERTIFIED PAYROLL REPORTING (ECPR) – Contractors and subcontractors on all public works projects awarded on or after April 1, 2015, must use this system to furnish certified payroll records (CPRs) to the Labor Commissioner. Contractors and subcontractors who have been submitting PDF copies of their CPRs for earlier projects must also begin using the new system. For more information please go to www.dir.ca.gov under Labor Law Public Works. However, the City of Adelanto requires copies of all payrolls in order to process the request for payment on a timely manner and for audit purposes.

XIX. CONTRACTOR'S LICENSE – All contractors shall be licensed in accordance with the laws of State of California, must hold a valid Class “A” license, and any contractor not so licensed shall be subject to the penalties imposed by such laws. Contractor shall possess the appropriate license prior to award of Contract.

XX. EVALUATION OF BIDS – The Authority reserves the right to accept or reject any and all bids and to award a Contract to the bidder who best meets its requirements. Relevant factors that shall be considered in evaluating the bids are: completeness and accuracy of bid; length and nature of warranties; anticipated length of life of materials; as well as the lowest and best price.

XXI. VALIDITY OF BIDS – The submitted bids are good for ninety (90) days from the bid opening date.

XXII. BEGINNING OF WORK AND TIME OF COMPLETION – The Work under this contract shall be diligently prosecuted to completion before expiration of the Two Hundred and Forty (240) CALENDAR DAYS beginning within fifteen calendar days after the “Notice to proceed” date.

XXIII. LIQUIDATED DAMAGES – The Contractor shall pay the City of Adelanto the sum of $1,000.00 per day for each and every calendar day delay in finishing the work in excess of Two Hundred and Forty

(240) CALENDAR DAYS as specified above as Liquidated Damages.

XXIV. ENGINEERS ESTIMATE – Engineer’s Estimate is approximately $1,700,000

XXV. TERMINATION FOR CONVENIENCE – The City of Adelanto may, by written notice, terminate this contract in whole or in part, when deemed in the City's interest. Upon termination of this contract, the City of Adelanto shall only be liable for payment under the payment provisions of this contract for services rendered or supplies furnished prior to the effective date of termination.

XXVI. TERMINATION FOR DEFAULT – In the event either party fails to perform its obligations hereunder, the non-defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) calendar days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) calendar day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) calendar days, so long as the defaulting party commences to cure such default within ten (10) calendar days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the non-defaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non-defaulting party shall have the right, in addition to any other rights the non-defaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

http://www.dir.ca.gov/

XXVII. DISPUTES – Any controversy or claim arising out of or relating to the provisions of this Agreement or the breach thereof shall be settled by arbitration, in accordance with the Rules of the American Arbitration Association, unless the parties agree, in writing, to some other form of alternative dispute resolution.

XXVIII. ATTORNEY'S FEES – Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the parties to this agreement concerning this agreement or the rights and duties of either in relation thereto, the parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

XXIX. INDEMNIFICATION – Notwithstanding the limits of any insurance, Contractor shall indemnify the City, it’s officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:

(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

(b) Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless therefrom;

(c) In the event the City, its officials, officers, agents, volunteers or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City.

(d) Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

XXX. OWNERSHIP OF DOCUMENTS – All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to the City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify the City for all damages resulting there from.

XXXI. UNFAIR BUSINESS PRACTICE CLAIMS – 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 awarding body 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. Sec. 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 purchases 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 renders final payment to the Contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

XXXII. SEVERABILITY – In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

XXXIII. WAIVER – No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

XXXIV. SUBSTITUTION OF SECURITIES – Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.

XXXV. APPRENTICES ON PUBLIC WORKS – The Contractor shall comply with all applicable provisions of Section 1775.5 and 1777.6 of the California Labor Code relating to employment of apprentices on public works projects. Prior to commencing work on a contract for public works, contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public works. Contractor and subcontractor shall provide and keep accurate payroll records and shall be available for inspection by the Labor Standards Enforcement (full texts of these codes are available at www.leginfo.ca.gov/calaw.html).

XXXVI. AWARD OF CONTRACT – The City of Adelanto reserves the right to reject any and all bids and waive any irregularities or informalities in any bid or in the bidding. The City of Adelanto further reserves the right to award the Contract to other than the lowest bidder if such action is deemed to be in the best interest of the City. The award of the contract, if awarded, will be made within ninety http://www.leginfo.ca.gov/calaw.html

(90) calendar days after opening of the Bid Proposals. The contractor's signature on the Proposal form shall constitute a commitment on the part of the bidder to furnish the equipment as set forth in the Bid Proposal form, Notice Inviting Bids, Instructions to Bidders and the Special Provisions.

The bidder to whom the contract is awarded shall be notified upon approval of the Contract by the City Council. The Notice Inviting Bids, Instructions to Bidders, Proposal, Bid Proposal form, Special Provisions, City of Adelanto Standard Specifications for Public Improvements, Greenbook Standard Specifications for Public Works Construction and Standard Plans of the State of California Department of Transportation 2015 edition including all addendums, together with any plans and/or attachments, shall be considered as part of the Contract between the City and the Contractor to whom a Purchase Order is issued.

XXXVII. PERMITS AND LICENSES – The Contractor shall obtain all necessary licenses and permits, including but not limited to a City of Adelanto business license, and encroachment permits from the City for all work in the public right-of-way to accomplish the work. Contractor is responsible for obtaining all permits required for City-related projects and contracts. The Contractor shall obtain all required permits prior to commencing work and shall submit the work in progress to periodic inspection by the City of Adelanto and shall honor all correction notices issued by same. All contacts, regarding inspections, shall be made to the Engineering Department within the City, or their designated representative.

SECTION A

BID PROPOSAL

BID PROPOSAL – BELLFLOWER PARK PHASE I

Page A-2

SECTION A - SUBMISSION CERTIFICATION

I hereby submit to the City of Adelanto the following bid proposal for work outlined in plans and specifications entitled “BELLFLOWER PARK.” All of the following documents (check below) are completed, fully executed, and included in my bid as required in the bid documents:

Submission Certification (Page A-2)

Proposal Instruction (Page A-3)

The Proposal Bond (Page A-4, 5)

Public Contract Code Section 10162 Questionnaire (Page A-6)

Bidder’s Bond (10% of the Bid Amount), Cash or Cashier’s Check (Page A-7)

Bid Proposal (Page A-8, 13)

List of Subcontractors (Page A-14)

Non-Collision Affidavit (Page A-15)

Addenda Acknowledgement (Page A-16)

Proposer Identification (Page A-17)

Customer References (Page A-18)

Contractor’s Qualification (Page A-19, 20)

Exception Form (Page A-21)

Workers Compensation (Page A-22)

SB 854 Certification (A-23)

Debarred Certification Acknowledgement (A-24, 25)

My signature on this submittal Certification is affirmation that all items listed above are fully completed and executed and are hereby submitted with proposal as required. I understand that failure to complete and/or submit any of the required documents may be cause for rejection of my bid proposal.

Authorized Signature Printed Name and Title

Date Signed Telephone Number

Page A-3

SECTION A – PROPOSAL INSTRUCTION

Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The bidder shall set forth for each item of work, in clearly printed figures, the unit price and total for the line item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:

(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same amount as the entry in the item total column, then the amount set forth in the item total 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;

(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the City’s Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity, which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City, and that discretion will be exercised in the manner deemed by the City to best protect the public interest in the prompt and economical completion of the work. The decision of the City with respect to the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

If this Proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give the two (2) bonds in the sums to be determined, with surety satisfactory to the City of Adelanto within ten (10) days, not including Sundays and legal holidays after award of the Contract, the City of Adelanto may, at its option, determine the bidder has abandoned the Contract, and thereupon this Proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this Proposal shall operate and the same shall be the property of the City of Adelanto.

Page A-4

SECTION A - THE PEOPOSAL

11600 Air Expressway Adelanto, CA 92301

SUBJECT: BELLFLOWER PARK PHASE I

Gentlemen:

The undersigned hereby proposes to perform all work for which a contract may be awarded to him and to furnish any and all plant, labor services, materials, tools equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein for the Construction of Improvements as specifically set for in documents entitled: BELLFLOWER PARK PHASE I, together with appurtenances thereto; all as set forth on the Plans and in these Special Provisions and other contract Documents;

and he further proposes and agrees that, upon proposal acceptance and award, he will contract in the form and manner stipulated to perform all the work called for by the Plans, Special Provisions, and other Contract Documents, and to complete all such work in strict conformity therewith within the time limits set forth therein, and he will accept as full payment therefor the prices set forth in the Bid Proposal forming a part hereof.

( ) Cashier's Check ( )Certified Check ( ) Bid Bond properly made payable to the CITY OF ADELANTO, hereinafter designated as the Owner, for the sum of Dollars, ($ ), which amount is not less than ten percent (10%) of the total amount of this bid, is attached hereto and is given as a guarantee the undersigned will execute the Agreement and furnish the required bonds if awarded the Contract and, in case of failure to do so within the time provided, said funds shall be forfeited to the Owner, of Surety's liability to the Owner for forfeiture of the amount of the Bond shall be considered as established.

IT IS UNDERSTOOD AND AGREED THAT:

1. The undersigned has carefully examined all the Contract Documents which will form a part of the Contract; namely, Notice Inviting Bids, Instruction to Bidders, Proposal, Bid Proposal, list of Subcontractors, the Bidder's Bond with Check or Bond, Construction Agreement, Faithful Performance Bond, Payment Bond, Non-Collusion Affidavits, Special Provisions, the plans, the City of Adelanto Standard Specifications for Public Improvements, the Standard Specifications and Standard Plans of the State of California Department of Transportation, California Manual on Uniform Traffic Control Devices for Streets and Highways, and all additions, deletions, modifications, appendices, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of said documents; and

2. The undersigned has by investigation at the site of the work and otherwise satisfied himself concerning the nature and location of the work and has fully informed himself concerning all conditions and matters which can in any way affect the work or the cost thereof; and

3. The undersigned fully understands the scope of the work and has carefully checked all words and figures in this Proposal and he further understands the CITY OF ADELANTO will in no way be responsible for any errors or omissions in the preparation of this Proposal; and

4. The undersigned will execute the Contract and furnish the required Performance and Payment Bonds and proof of insurance coverage within ten (10) days (not including Sundays and legal holidays) after notice to him of acceptance of his bid by the CITY OF ADELANTO; and further, that this bid may not be withdrawn for a period of forty-five (45) days after date set for opening thereof, unless otherwise required by law. If any bidder withdraws

Page A-5 his bid within said period, the bidder shall be liable under the provisions of Bidders Bond, or the Contract and his Surety shall be liable under the Bidder's Bond, as the case may be; and

5. The undersigned hereby certifies this Proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder; and

6. In conformance with current statutory requirements of Section 1860 of the Labor Code of the State of California, the undersigned confirms the following as his certification:

I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workman's compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this Contract.

Now, in compliance with Notice Inviting Bids, and all the provisions herein before stipulated, the undersigned, with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached Bid Proposal sheet(s) upon which award of Contract is made.

DATED this day of , 20

BIDDER:

BY:

TITLE:

BIDDER’S ADDRESS:

BIDDER’S TELEPHONE NUMBER:

BIDDER’S EMAIL ADDRESS:

CONTRACTORS’ LICENSE NUMBER AND EXPIRATION DATE:

CONTRACTORS’ LICENSE CLASSIFICATION(S):

Page A-6

SECTION A - QUESTIONNAIRE

In accordance with Government code Section 14310.5, 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 safety regulation?

Yes No

If the answer is yes, explain the circumstances in the following space:

NOTE: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of this questionnaire.

Page A-7

SECTION A – BIDDER’S BOND

TO ACCOMPANY BID PROPOSAL FORM

KNOW ALL MEN BY THESE PRESENTS,

THAT WE, , as Principal, and , as Surety, are held and firmly bound unto the CITY OF ADELANTO in the sum of TEN PERCENT (10%) of the total amount of the bid of the Principal, to be paid to the City, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors, or assignees, jointly and severally, firmly by the presents.

In no case shall the liability of the Surety hereunder exceed the sum of $ .

THE CONDITION OF THIS OBLIGATION IS SUCH.

THAT, WHEREAS the Principal has submitted a bid to the CITY OF ADELANTO for the certain construction for which bids are to be opened at the Office of the City Clerk of the CITY OF ADELANTO on October 16, 2025 at 10:00 a.m., as shown on Plans entitled BELLFLOWER PARK

NOW THEREFORE, if the aforesaid Principal is awarded the Contract, and within the time and manner required under the said Special Provisions, enters into a written Contract, in the prescribed form, in accordance with the bid and files the two (2) required Bonds with the CITY OF ADELANTO, one (1) to guarantee faithful performance and one (1) 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 the event suit is brought upon this Bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suite, including reasonable attorney's fee to be fixed by the Court.

Accompanying this Proposal is ( ) $ Cash, ( ) Cashier's Check, ( ) Certified Check, ( ) Bidder's Bond in the amount equal to at least ten percent (10%) of the total bid.

THE UNDERSIGNED further agrees that in case of default in executing the required Contract together with the necessary bonds within the period of time provided by the Proposal requirements, the proceeds of the security accompanying this bid shall become the property of City of Adelanto, California, and this…