Blocks 1 6 8 Van Vliet Specification.pdf

NIB-1

SPECIAL PROVISIONS AND CONTRACT DOCUMENTS

FOR

THE CONSTRUCTION

OF

BLOCKS 1, 6, 8 & PINE AVENUE STREETSCAPES

COMMUNITY FACILITIES DISTRICT NO. 2003-3

THE PRESERVE

(in the City of Chino, CA)

Bids due to:

CHINO PRESERVE DEVELOPMENT CORPORATION

Prepared under the supervision of:

ALBERT A. WEBB ASSOCIATES

3788 McCray Street

Riverside, CA 92506

(951) 686-1070

Name,Title License No.

Date

These plans and specifications are the exclusive property of the DEVELOPER and shall not be used in any manner without prior consent of the DEVELOPER. Any reuse of these contract documents by OTHERS shall be at the other's sole risk and without liability to

DEVELOPER.

NIB-2

SPECIAL PROVISIONS AND CONTRACT DOCUMENTS

THE CONSTRUCTION

OF

COMMUNITY FACILITIES DISTRICT NO. 2003-3

Developer: Chino Preserve Development Corporation 1156 N. Mountain Avenue Upland, CA 91786

(909) 985-0971

Construction Manager: Albert A. Webb Associates 3788 McCray Street

Riverside, CA 92506

(951) 686-1070

Landscape Architect: Sitescapes, Inc.

3190B-2 Airport Loop Drive Costa Mesa, CA 92626

Geotechnical Engineer: RMA Group 10851 Edison Court Rancho Cucamonga, CA 91730

NIB-3

TABLE OF CONTENTS

PAGE

Notice Inviting Bid ....................................................................................................... NB-1 – NB-3

Instruction to Bidders .................................................................................................. IB-1 – IB - 9

Bid Proposal Documents ................................................................................................ P-1 – P-14

Agreement and Contract Documents .............................................................................. C1 – C29

Bonds and Forms ..................................................................................................... MA-1 – MA-21

General Conditions ................................................................................................... GP-1 – GP-55

Special Provisions ..................................................................................................... SP-1 – SP-29

APPENDICES

A City of Chino Standard Drawings B Geotechnical Report C Force Account Labor Calculation Example D Encroachment Application E SWPPP Inspection Report F SWPPP Report G CARB Reporting requirements

PLANS:

BID SCHEDULE 1: BLOCK 1 STREETSCAPE RECYCLED WATER LANDSCAPE PLANS

SHEETS 1-27

Approved

BID SCHEDULE 2: BLOCK 6 & 8 STREETSCAPE RECYCLED WATER LANDSCAPE PLANS

SHEETS 1-26

Delta 2

BID SCHEDULE 3: BLOCK 1 & 6 – PINE AVE. STREETSCAPE RECYCLED WATER

LANDSCAPE PLANS

SHEETS 1-19

Approved

BID SCHEDULE 4: VAN VLIET PERIMETER STREETSCSPE

SHEETS 1-29

DELTA 1

NIB-4

NOTICE INVITING BIDS

STATE OF CALIFORNIA

Chino Preserve Development Corp. (“Developer”) invites qualified contractors to submit sealed proposals (Bids) to perform the work required for:

COMMUNITY FACILITIES DISTRICT NO. 2003-3

RECEIPT OF BIDS: Bids must be submitted electronically via PlanetBids no later than 2:00 p.m.

September 9, 2026. Bids submitted after this time will not be accepted.

The developer reserves the right to reject any or all Bids, waive any irregularity, award contracts in the best interest of the Developer and to take all bids under advisement for a period of ninety-five (95) days.

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code.

Labor Code Section 1735 requires that no discrimination be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Government Code Section 12940.

NO PRE-BID MEETING WILL BE HELD

DESCRIPTION OF WORK: The work of improvement consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The project is located between Chino Corona Road and Legacy Park, Market Street south of Pine Avenue. The improvements include underground irrigation and landscape.

WORK SCHEDULE: The Project or Work is anticipated to begin in September 2026. The Project or Work must be completed within 90 working days after the commencement date stated in the Notice to Proceed.

OBTAINING CONTRACT DOCUMENTS: Bidders will submit their bid by entering the cost of each bid item directly into PlanetBids. Prospective bidders may obtain the contract documents by downloading the files from the PlanetBids portal. Prospective bidders who intend to submit a bid shall register on the PlanetBids portal. Only those who register on PlanetBids portal will be notified of addenda to the Contract Documents

CONTRACTOR'S LICENSE: The Contractor shall possess a valid California Class “A” contractor’s license, OR a combination of Class “C” specialty contractor’s license(s) sufficient to perform work, from the time the bids are due and throughout the entire term of the contract. Developer will not award this Contract to a Bidder who fails to possess the required license.

NIB-5

PREVAILING WAGE REQUIREMENTS: This project is a public work in the state of California.

Therefore, prevailing wage rates will be enforced.

Pursuant to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California (including sections 1771 and 1773.2), Developer has obtained from the Department of Industrial Relations of the State of California the general prevailing rate of per diem wages, and the general prevailing rate of holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type of workers needed to perform the Work, and they are on file in the office of the Developer at 1156 N. Mountain Avenue, Upland, CA 91786. The Contractor to whom the Contract is awarded, and its subcontractors, shall pay to all workers in the performance of the Work not less than the prevailing rate of wages needed to execute the contract. Copies of schedules of prevailing wage rates may be obtained on the California Department of Industrial Relations website http://www.dir.ca.gov/dlsr and will be made available by the Developer upon request.

If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then the Contractor shall pay the higher of either the state or federal prevailing wage applicable to each laborer.

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) COMPLIANCE: This project is a public work and is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).

In bidding on this work, 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.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS: Pursuant to Labor Code sections 1725.5, 1771.1, and SB 854, Public Works Contractor Registration Program, all contractors and subcontractors who bid or work on Public Works projects must be registered with, and pay an annual fee to, the State Department of Industrial Relations (DIR), subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5), provided that contractors and subcontractors subject to such exceptions shall be registered with the DIR at the time the contract is awarded. No bid will be accepted, except as provided above, 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 subcontractor, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

In accordance with provisions of Section 1770 of the California Labor Code, the Director of Industrial Relations has determined general prevailing rates of per diem wages for various localities throughout the State. These wage rate determinations may be viewed at the DIR’s web site www.dir.ca.gov. Any interested parties wishing to examine said rates should direct their request to the City public counter located in the City of Chino. No contractor nor subcontractor may be listed on a bid proposal for a public works project unless they are registered with the State Department of Industrial Relations (DIR.) No contractor nor subcontractor may be awarded a public works contract unless registered with the DIR. All work performed on public works project is subject to compliance monitoring and enforcement by the DIR. Failure of a bidder to correctly list each of the proposed subcontractors, specialty, and license numbers will constitute a non-responsive bid and such bid will be rejected. No award shall be made to a contractor who has not been licensed in accordance with the provisions of the Business and Professions Code.

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

NIB-6

REQUIRED BONDS: The successful bidder is required to furnish a Labor and Materials Bond in an amount of 100% of the contract amount, Faithful Performance Bond in an amount equal to 100% of the contract amount, and a Warranty Bond in the amount of 10% of the contract amount; the bonds to be secured by a surety company or surety companies satisfactory to the Developer and City Council of the City of Chino.

RETAINAGE: The contract documents call for monthly progress payments based upon the engineer's estimate of the percentage of work completed. The DEVELOPER will retain 5 percent of each progress payment as security for completion of the balance of the work. At the request and expense of the successful bidder, the DEVELOPER will pay the amounts so retained upon compliance with the requirements of Public Contract Code Section 22300 and the provisions of the contract documents pertaining to Substitution of Securities.

DATED:

Signature of Registered Engineer

IB-1

INSTRUCTION TO BIDDERS

Please read these instructions carefully. If you do not submit a complete Bid, the Developer may determine that your Bid is non-responsive, in which case the Developer will reject your Bid.

SUBMISSION OF BID: Sealed bids must be received by the due date and time specified in the Notice Inviting Bids. Bids may be mailed or hand-delivered, but Developer is not responsible for lost or misdirected mail.

Any bid form submitted other than specified in this bid solicitation will be rejected. All documents to be submitted with the bids are contained in the Bid Proposal Documents. The bidder must complete all parts of the bid proposal package printed on pages P-1 through P-14 for submittal. The Bid Proposal form shall be signed in longhand by the bidder (if an individual), by a member of a partnership, or by an officer of a corporation authorized to sign contracts on its behalf.

If made by a corporation, the bid proposal shall show the name of the state under the laws of which the corporation is chartered or organized.

Bidders are warned against making erasures or alterations of any kind on their bid proposal. Bid proposals which contain omissions, treasures, alterations, conditions, or additions not called for may be rejected.

BID SECURITY: All Bids shall be accompanied by cash, a certified bank draft, or a bond from an accredited surety company payable to the Developer for an amount not less than ten percent (10%) of the bid submitted. The bid security will be declared forfeited if the successful bidder refuses or fails to enter into a contract within ten (10) days following receipt of the Notice of Award with the contract documents, in accordance with California Public Contract Code Sections 20170 through 20174.

All required bonds and insurance shall be issued by companies which are admitted to doing business in California and which have a rating of B plus 5 or better in the current edition of Best's Key Rating Guide. Any delay in executing the contract or providing insurance documents after the allocated ten (10) days will be deducted from the stipulated time of completion and will be subject to liquidated damages as specified in the General Conditions. Acceptable bond forms and insurance policy endorsements are enclosed.

DISQUALIFICATION OF BIDDERS: More than one bid from an individual, firm partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future bids.

IB-2

This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor.

At the time of submitting a bid, the prime contractor and subcontractor shall possess a Class "A" contractor’s license or a combination of Class "C" specialty contractor’s license(s) sufficient to perform the work.

No contract will be executed unless the bidder is licensed in accordance with the provisions of the State Business and Professions Code.

SUBSTITUTION OF SECURITIES: In conformance with Public Contract Code 22300, the Contractor may substitute securities for any monies withheld by the Developer to ensure performance under the contract. At the request and expense of the Contractor, securities withheld shall be deposited with Developer or with a State or Federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by Developer of Contractor’s satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the Developer.

VALIDITY OF BIDS: The Bidder shall guarantee that the Total Bid Price shall be valid for 120 working days after the bid due date.

ADDENDA: The correction of any discrepancies or omissions from the specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. A completed and signed Addendum Acknowledgement Form shall be returned to Developer with the bid proposal. Failure to do so may result in bid rejection.

Each bidder shall be fully responsible for informing himself as to whether or not any such addenda have been issued. The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the contract documents and shall be returned with them. Failure to cover in his bid any such addenda issued may render his bid irregular and may result in its rejection by the DEVELOPER.

QUESTIONS OR REQUESTS FOR INTERPRETATION: All questions or requests for interpretation regarding this bid solicitation must be submitted via PlanetBids. Requests for interpretations or clarifications received within 7 calendar days prior to bid opening will not be answered. Final Addendums will be issued no later than 72 hours prior bid opening.

Bidders submitting such requests are responsible for their timely delivery and confirmation of receipt. Developer will interpret or correct the Contract Documents only by a written Addendum, and such Addendum will be emailed to each person receiving a set of such documents. Developer is not bound by any oral interpretation of the Contract Documents made by any Developer employee. If Bidder fails to raise any issue regarding such interpretation or correction or if the Developer fails to respond to a request, Bidder will be deemed to have accepted all risks associated with that issue. Bidder specifically waives the right to request a Change Order, equitable adjustment, or to request additional time, or to seek recovery in quantum meruit in conjunction with any such issue. Bidder further waives the right to assert arguments of estoppel or implied or express warranty of design with regard to any such issue.

IB-3

Project clarifications:

- Developer requires releases to be submitted monthly for all sub-contractors and all suppliers that prelim (use the complete terminology for the abbreviation “prelim”) the project. A release will be required during the month that the Prelim is received as well as each subsequent month, regardless if that subcontractor/supplier is on the job during that given billing period (if they did not do work on the job during a given month their release should be $0).

- Plans included in the bid have not been approved by the City, but it is anticipated that only minor revisions, if any, will occur. After the Contract is awarded and approved plans are received, changes resulting in cost impacts to the Contract will be addressed with the Construction Manager. All approved plans are to be included in the Encroachment Permit Application

- All required easements and right-of-way acquisition will be obtained by the Developer and/or the

City prior to issuing the Notice to Proceed. The Contractor will need to obtain the City of Chino

Encroachment Permit for this project. Material Submittals for each individual improvement plan shall be reviewed and stamped by the City project engineer before that improvement plan can be applied to an encroachment permit.

- The Contractor shall submit their Encroachment Permit application to the City within the administrative part of the contract. The Developer will pay all permit and inspection fees. See the

Encroachment Permit Application in Appendix D.

- Upon receipt of the Notice of Award, the Contractor shall submit material submittals for review and approval. See special provisions section 3-8 for submittal requirements.

- The Construction Notice to Proceed will be issued once the Encroachment Permit is issued.

- The Developer, City of Chino, Sitescapes, DTA, and Webb Associates are to be listed as additional insureds on the Certificate of Insurance.

- The Engineer will provide the SWPPP document for the project. The Developer will file the SWPPP and provide the WDID#. The Contractor is responsible for installing and maintaining all BMPs, and submit weekly SWPPP/BMP Inspection Reports to the Developer, and providing all required documentation to the Developer to upload to SMARTS as directed in the SWPPP. The SWPPP

Temporary Erosion Control Plan and Report Form are provided in Appendix E.

- The Contractor shall attend weekly progress meetings with the Developer on Wednesdays at 2:30

pm. The Contractor shall provide 3-week look-ahead schedules at the weekly meetings.

- Construction water is available from a nearby fire hydrant. The Contractor is responsible for all construction water on the project. The Contractor is responsible to obtain a fire hydrant meter from the City of Chino and pay for all fees and bills for water.

- All permanent water meter installations are to be coordinated and paid for by the Contractor. These costs will be reimbursed by the Developer, upon completion.

- Traffic Control is the responsibility of the Contractor. The Contractor is responsible for providing its plan for Traffic Control with the Encroachment Permit application. For segments requiring WATCH

IB-4

Manual, the Contractor shall submit the applicable reference pages with the permit application. The

Contractor is responsible for meeting the requirements of the City Encroachment Permit.

- Excess dirt may be stockpiled on the Developer’s property within 1 mile of the project.

- The contractor is responsible for preventing any dirt or debris from entering the storm drain system.

The contractor must install all necessary measures at each storm drain catch basin inlet. There shall be no additional cost to the Developer.

- The contractor shall video and take photo documentation of the pre-project conditions before the commencement of the work.

- Each area can start maintenance at different times based on 100% completion of work per controller area which includes items such as permanent power connection, functional controller on permanent power, permanent water connection with meter, RW sign, all irrigation, and planting.

- Each area can be turned over for Final Acceptance and Completion after the 90 maintenance period is completed at different times based on 100% completion of work per controller area. The

Contractor shall initiate a final walk with the Developer which will include the Developer, City, Landscape Architect, 3rd party landscape inspection and water audit (by Developer), and HOA and address all punch list items before being turned over for Final Acceptance and Completion. The

Contractor is responsible for scheduling the work. Any additional maintenance or watering required for the Contractor to sequence the work shall be borne by the Contractor.

- The contractor shall tie into the existing Edison Pedestal at Point of Connection at P1 and P2. The contractor shall provide and install Rainmaster Eagle Plus (48) station two-wire weather/et based automatic irrigation controller in SB-22SS, a top entry controller enclosure by V.I.T strongbox per plans and specifications, including, installing a 1-1/2” reclaimed water meter, provide and install a

1-1/2” FEBCO LF650A WYE Type strainer, provide and install a Hunter Mini-Clink wired rain sensor, provide and install a 1-1/2” superior 3200150RW master valve, provide and install 1” CST

FSI – T10-001 flow sensor. The contractor shall coordinate with the owner for locations.

- Contractor to provide 110V continuous power from the electrical meter pedestal and make final hook up. Refer to dry utility/final Edison Plans for the final location of the electrical meter pedestal and site Electrical Engineering Plans prior to starting construction. The contractor to locate all cables/wires to the controller in sleeves per legend. Connect flow sensor and master valve relay to controller per MFG Spec.

- Contractor to locate the Rainmaster Eagle Plus two -wire weather/et based automatic irrigation controllers for irrigation controller location B and C. Contractor is to field verify and provide the quantities of lighting arrestor and grounding rod/plate as required for the irrigation system shown in this landscape package.

- The Contractor is responsible to install conduit and pull wire from the pedestal to the controller.

The schedule of this work will be coordinated with the DEVELOPER and the City of Chino for the duration of this Contract.

- All Bidders shall visit the project site prior to bidding.

- Landscape areas with be delivered at 4” below curb/sidewalk. The Contractor is responsible for all grading, import, and/or export.

IB-5

- Soil with elevated moisture contents, typically soil with moisture contents 5% or more above optimum moisture, has been encountered in the Preserve. These soils have typically been found in isolated areas of trench bottoms and are caused by naturally occurring elevated moisture content of the soil, type of soil (clay), and very poor infiltration properties of the soil. If during construction, soils with these elevated moisture contents are encountered, they shall be mitigated per the recommendations in Appendix B and section 306-6.1.1 of the Special Provisions. Bid items 1.6 and

2.6 are provided for over-saturated soil mitigation if these conditions occur and no additional compensation shall be allowed.

- Contractor to dispose of all concrete, asphalt, and other waste materials.

- Contractor shall protect trenches and manholes from erosion and damage. Sewer, storm, drain, and water quality systems shall receive plywood shelves in manholes to keep dirt from entering. Shelves will be removed prior to inspection at no additional cost.

- Contractor will be responsible for the coordination and compliance of the Recycled Water Cross

Connection Inspection. This must be approved by the City of Chino before the Recycled Meter will be released.

BID MISTAKES: Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning the relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Developer written notice within five (5) working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred

DISCREPANCIES IN BIDS: In case of discrepancy between numeric and spelled-out amounts, the spelled-out amount shall prevail. In case of discrepancy between the Unit Price and the Item Total set forth for that item, the Unit Price shall prevail; provided however, if the amount set forth as a Unit Price is ambiguous, unintelligible, or uncertain for any cause, or if it is omitted, or in the case of unit basis items, 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 in accordance with the following:

(1) As to lump sum items, the amount set forth in the Item Total column shall be the item price.

(2) As to unit basis items, the amount set forth in the Item Total column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit cost.

If the Total Bid Price does not equal the sum of the Item Totals, then the Engineer, after resolving any discrepancy in the Item Totals, shall sum the Item Total column and the resultant amount shall be considered the Total Bid Price.

WITHDRAWAL OF BIDS: Bidders may withdraw their bids via written request signed by the bidder before the bids are due as specified in the Notice Inviting Bids. Bidders may not withdraw their bids after the bids are due without forfeiture of their bid security. Withdrawal of the bid will not prejudice any bidder’s right to submit a new bid, if there is time to do so.

IB-6

BID PROTEST: Only a bidder who has actually submitted a bid proposal to the Developer is eligible to protest a bid. The Developer will not accept or entertain bid protests from anyone who did not submit a bid for the project or work being protested.

Bidders may file a protest of a bid proposal with the Developer, no later than 4:00 p.m. on the fifth (5th) business day from the day in which the bids are opened.

At the time of the filing, the bid protest shall be:

a. Submitted on the bidder’s formal letterhead and include the bidder’s company name, address, phone number and the name and title of the individual filing the protest; and

b. List the reasons for the protest including the specific section of the documents or technical specifications being disputed and shall site any statutes or case law supporting or serving as the basis for the protest and describe how they support the item(s) being disputed.

If the protest does not meet these requirements, Developer will reject it without further review. If the protest is submitted on time and complies with all the above requirements, the Developer or his or her designee, shall review the protest and all relevant information submitted by the protesting bidder. Developer will provide a written response to the protesting bidder. Developer has the right to respond to any protest until the date on which the contract is awarded by Developer.

The procedure and time limits set forth in these paragraphs 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.

If Developer determines that the protest is frivolous, the party originating the protest may be determined irresponsible and that party may be determined to be ineligible for future contract awards.

PROPRIETARY INFORMATION: Responses to the Notice Inviting Bids become the exclusive property of the Developer. All bids submitted in response to the Notice Inviting Bids are a matter of public record and shall be regarded as public records. Exceptions will be those elements in each bid that are defined by the bidder as business or trade secrets and are marked as “Trade Secrets,” “Confidential,” or “Proprietary.” Developer shall not be liable or responsible in any way for disclosure of any records not marked as “Trade Secrets,” “Confidential,” or “Proprietary.”

Developer shall not be liable or responsible in any way for disclosure of any records so marked if disclosure is deemed to be required by law or by a court order.

IRAN CONTRACTING ACT: In accordance with California Public Contracting Code Section 2200-2208, all bidders submitting proposals for, entering into, or renewing contracts with the Developer and estimated at $1,000,000 or more are required to complete, sign and submit the “Iran Contracting Act of 2010 Compliance Affidavit” contained in the Bid Documents below.

IB-7

TAXES: Bidders shall not mention Sales Tax, Use Tax, or any other tax in their bids. All bid amounts shall include all applicable taxes.

LISTING SUBCONTRACTORS: Bidders shall submit the list of subcontractors on this Project that is required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.).

LATE BIDS: Developer will reject any Bid submitted after the bid due time and date set forth in the Notice Inviting Bids. No exceptions.

AWARD OF CONTRACT AND DEVELOPER’S RIGHTS RESERVED: If Owner awards the Contract, it will award the Contract to the lowest, responsive, responsible bidder as determined solely by Owner. Owner reserves the right to cancel this bid solicitation, reject any or all bids, and, to the extent not prohibited by law, to waive any minor irregularity or informality in any bid that does not give the bidder a competitive advantage over other bidders and to take the bids under advisement for the bid guarantee period shown above, as may be necessary in the best interests of Owner. Owner is not required to provide a reason should it chooses to cancel this bid.

The contract will be awarded to the lowest responsive and responsible bidder based on the total cost of the Base Bid only, excluding any Alternate Bid Items. The evaluation and potential award of any Alternate Bid Schedules will be determined at the sole discretion of the awarding agency after the receipt and review of all bids.

The Owner may waive informalities, irregularities or defects or reject any and all Bids. Any Bid may be withdrawn by written request prior to the above-scheduled time for the opening of Bids or authorized postponement thereof with the right of resubmitting. The request for withdrawal shall be executed in writing by the Bidder or his duly authorized representative. Any Bid received after the bid time shall not be considered.

More than one bid from an individual, firm partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future bids.

This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor.

ESTIMATED QUANTITIES: The quantities given in the bid proposal and contract form are approximate, being given as a basis for the comparison of bids only, and the Developer does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the Engineer.

IB-8

NON-COLLUSION AFFIDAVIT

Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the DEVELOPER is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit (on enclosed form) shall be executed and submitted with the proposal.

NON-DISCRIMINATION AFFIDAVIT

Labor Codes Section 1735 requires that no discrimination be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Government Code Section 12940. Bidder shall declare that it does not discriminate in its employment with regard to such factors. The Non-Discrimination Affidavit (on enclosed form) shall be executed and submitted with the proposal.

EQUIPMENT RENTAL AND LABOR RATES

Successful bidder shall submit a schedule of equipment rental and labor rates which may be applicable to any extra work which is performed.

LEGAL RESPONSIBILITIES

All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for public works contracts of this nature whether such laws are expressly referred to herein or not.

Any Bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith.

LABOR CODE

Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City of Chino has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute the contract from the Director of the Department of Industrial Relations. These rates are on file with the City of Chino, and copies will be made available to any interested party on request.

Travel and subsistence payments to each workman needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Code. The Contractor and all subcontractors shall comply with the provisions of Section 1774 of the Labor Code and other statutes relating to prevailing wages, benefits, overtime and so forth. Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code.

Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

IB-9

The DEVELOPER will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract.

The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis of a claim against the DEVELOPER on the contract.

The Contractor and subcontractors shall comply with Section 1777.6 which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age (of such employee), except as provided in Section 3077.

WORKER'S COMPENSATION CERTIFICATE

Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

In accordance with this section and with Section 1861 of the State Labor Code, the contractor shall sign a Compensation Insurance Certificate (on enclosed form) which is included with the Contract Agreement, and submit same to DEVELOPER and Construction Manager along with the other required contract documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

CLAYTON ACT AND CARTWRIGHT ACT

Section 7103 of the Public Contract Code specifies that in executing a public works contract to supply goods, services or materials, the Contractor or Subcontractor offers and agrees to assign 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 Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when final payment is tendered to the Contractor without further acknowledgment by the parties.

P-1

BID PROPOSAL DOCUMENTS

All documents provided in Section C, including this page, must be completed. Unless otherwise specified, all Bid Proposal documents must be submitted to be considered for award for this bid solicitation.

1. Certification P-1

2. Bid Schedule P-2

3. Addenda Acknowledgement/Signature P-3

4. List of Sub-Contractors P-4

5. Bid Bond P-5

6. Non-Collusion Declaration P-6

7. Certification of Non-Discrimination by Contractors P-7

8. Workers' Compensation Insurance Certificate P-8

9. Certification of Site Examination P-9

10. Information to Comply with Labor Code Section 2810 P-10

11. Iran Contracting Act of 2010 Compliance Affidavit P-11

12. Statement of Bidder: Qualification and Experience Statement P-12

13. Bidder Acknowledgments and License Certification P-13

CERTIFICATION

I, _______________________________ (Bidder), certify that all of the above required documents have been completed. I also understand that failure to submit a completed bid package (fully completed and executed) will result in rejection of bid.

BIDDER INFORMATION

The following information will be used for statistical analysis only:

Is the Bidder a Disadvantaged Business (DBE)? _____ If yes, Certification No. __________

Is the Bidder a Minority-Owned Business? _____ Which racial minority? __________

Is the Bidder a Women-Owned Business? _____

Is the Bidder a certified Small Business? _____ If yes, Certification No._________

Dated (Bidder)

(Signature)

(Printed Name)

(Title)

P-2

BID ITEMS ARE LISTED ON PLANETBIDS

UNIT PRICES TO BE ENTERED ON PLANETBIDS

NOTE: The estimated quantities listed in the Proposal Bid Sheet(s) on PlanetBids are supplied to give an indication of the general scope of the work, but the accuracy of these figures is not guaranteed and the bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.

The Contractor shall perform, with its own organization, contract work amounting to at least 50 percent of the Contract Price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of work required to be performed by the Contractor with its own organization. The

DEVELOPER reserves the right to reject any and or all bids, or to waive any information on any one or all bids received. The DEVELOPER specifically reserves the right to delete, reduce all or any portion of the work at any time prior to authorization to proceed with this portion of work.

BIDDER'S NAME

TELEPHONE NUMBER

FAX NUMBER

E-MAIL

In accordance with the Notice Inviting Bids for this Work in the City of Chino, California, Bidder offers to furnish all necessary labor, tools, materials, appliances and equipment for and perform all Work mentioned in the Notice Inviting Bids, in full compliance with all documents, including plans, specifications, attachments and exhibits at the prices listed below. Bidder understands that these quantities are estimates only and are given solely for the purpose of facilitating the comparison of Bids, and that the Contractor’s compensation will be computed on the basis of the actual quantities in the completed Work. The basis of comparison to determine the low bid is the Total Bid Price.

BID SCHEDULE

CY ................................... Cubic yard

EA ................................... Each

LF .................................... Linear foot

LS .................................... Lump sum

SF .................................... Square foot

SY .................................... Square yard

TON ................................. Ton

P-3

Bidder certifies that Bidder has examined the site and that the Bid is complete. By signing below, Bidder certifies that the Contractor will not submit a claim based on failure to examine the site thoroughly.

Respectfully submitted, Bidder Signature Date

Print Name / Title

Legal Name of Company Business Address (Actual Address - Post Office Box)

Telephone Number Email Address

Contractor’s License Number DIR Registration Number

P-4

LIST OF SUBCONTRACTORS

In accordance with the requirements provided in the "Subletting and Subcontracting Fair Practices Act" Division 2 Part 1, Chapter 4 of the California Public Contract Code, the Bidder shall set forth hereon the name, the location of the place of business, Department of Industrial Relations registration number, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to plans and specifications, in an amount in excess of one‐half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one‐half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. The prime contractor shall also set forth hereon the portion of the work (type and dollar value) that will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion as defined by the prime contractor in his or her bid. Information requested, other than the subcontractor's name, location of business, Department of Industrial Relations registration number, contractor license number, and the portion of work that will be done by each subcontractor, may be submitted by the prime contractor within 24 hours after the deadline for submission of bids.

Name: Type of Work:

Address: Email Address:

Phone No.: Dollar Value of Subcontract: $ License No. DIR Registration No. _____________________

Name: Type of Work:

Address: Email Address:

Phone No.: Dollar Value of Subcontract: $ License No. DIR Registration No. _____________________

Name: Type of Work:

Address: Email Address:

Phone No.: Dollar Value of Subcontract: $ License No. DIR Registration No. _____________________

Name: Type of Work:

Address: Email Address:

Phone No.: Dollar Value of Subcontract: $ License No. DIR Registration No. _____________________

P-5

BOND NO.

BID BOND

KNOW ALL MEN BY THESE PRESENTS that we _________________________________ as Principal, hereinafter referred to as “Contractor” and _________________________________ as Surety, are held and firmly bound unto the CHINO PRESERVE DEVELOPMENT CORPORATION, hereinafter called the “Developer,” in the sum of ____________________________________________________Dollars ($______________), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The conditions of this obligation are such that whereas the Contractor submitted to the Developer a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the _______________________________________________, and will furnish all required certificates of insurance and bonds as required by the Contract.

NOW, THEREFORE, if said Bid shall be rejected; or in the alternate, if said Bid is accepted, and the Contractor (i) executes and delivers a contract in the prescribed form of the Agreement, (ii) delivers certificates evidencing that the required insurance is in effect, (iii) executes and delivers bonds in the forms prescribed, and (iv) in all other respects performs the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise this obligation shall remain in full force and effect, it being expressly understood and agreed that the liability of the Surety for any and all default of the Contractor hereunder shall be the amount of this obligation as herein stated. In the event suit is brought upon this bond by Developer and judgment is recovered, Surety shall pay all costs incurred by Developer in said suit, including a reasonable attorney's fee to be fixed by the court.

The Surety, for the value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by an extension of the time within which the Developer may accept such a bid; and said Surety does hereby waive notice of any such extension.

SIGNED AND SEALED, this ________day of ______________________, 20______

________________________________(Seal) ________________________________(Seal) (Principal) (Surety)

By: ____________________________ By: _________________________________ (Signature) (Signature)

(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)

P-6

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].

CONTRACTOR

Subscribed and sworn to before me this day of _________________, 20 ______ by

Notary Public in and for the County of ________________________________________, State of California.

My Commission Expires ____________________________, 20__

P-7

CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS

As suppliers of goods and services to the Developer, the company listed below certifies that, except as permitted in Government Code section 12940, it does not discriminate in its employment on the basis of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person; that it is in compliance with all federal, state, and local laws regarding non-discrimination in employment; and that it agrees to positively and aggressively pursue the principle of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

COMPANY NAME

NAME & TITLE OF PERSON SIGNING

SIGNATURE

DATE

Please include any additional information available regarding equal opportunity employment programs now in effect within your company.

P-8

WORKERS’…