Citywide Full Trash Capture Device Installation Phase 2.pdf

City of Moreno Valley Project No. 804 0018

Contract Documents

PROJECT NO. 804 0018

CITYWIDE FULL TRASH CAPTURE DEVICE

INSTALLATION PHASE 2

August 2026

CITY OF MORENO VALLEY

PUBLIC WORKS DEPARTMENT

CAPITAL PROJECTS DIVISION

14177 FREDERICK STREET

P.O. BOX 88005

MORENO VALLEY, CA 92552

Prepared under the Supervision of:

Quang Nguyen, PE Date

Approved By:

Melissa Walker, PE Date RCE No. 62940

8/5/2026

Public Works Director/City Engineer RCE No. 62940

CONTRACT DOCUMENTS

CITYWIDE FULL TRASH CAPTURE DEVICE INSTALLATION PHASE 2

PREAMBLE

The City Special Provisions contained herein supplement and/or modify the General Provisions and Technical Provisions of the Standard Specifications for Public Works Construction (“Greenbook”) latest edition. The City Special Provisions are arranged in accordance with the numbering format used in the Standard Specifications, with subsections added where necessary.

Each and every provision of law required to be inserted in the Contract Documents shall be deemed to be inserted therein, and the Contract Documents shall be read and enforced as though it were included therein.

Table of Contents 00003-1

TABLE OF CONTENTS

Section Title

00001 Cover Sheet 00002 Preamble 00003 Table of Contents

00020 Notice Inviting Bids

00100 Instructions to Bidders

00300 Bidder’s Proposal 00301 Bid Schedule Notice 00302 Bidder’s Bond 00303 Contractor’s Statement

00400 Workers’ Compensation Certification

00500 Draft Agreement

00600 Contractor’s Bonds 00601 Faithful Performance Bond 00602 Labor and Materials Payment Bond 00604 Iran Contracting Act Certification

00605 California Air Resource Board (CARB) In-Use Off Road Diesel-Fueled Fleets Regulation

00700 City Special Provisions

00701 Part 1 – General Provisions

- Section 1 – General

- Section 2 – Scope of the Work

- Section 3 – Control of the Work

- Section 4 – Control of Materials

- Section 5 – Legal Relations and Responsibilities

- Section 6 – Prosecution and Progress of the Work

- Section 7 – Measurement and Payment

- Section 8 – Facilities for Agency Personnel [not used]

- Section 9 – [not used]

- Section 10 – [not used]

- Section 11 – [not used]

Table of Contents 00003-2

Part 2 – Technical Provisions 00702 Special Work Schedule Near Schools Notification of Residents, Businesses, Schools, And General Public

Red Imported Fire Ants (RIFA) Cooperation and Collateral Work Mobilization Traffic Control And Pedestrian Detour And Access Control Stormwater and Non-Stormwater Pollution Prevention Control Clearing, Grubbing, and Removals Street Maintenance Protection and Restoration of Existing Improvements Protection and Restoration of Underground Utilities and Facilities Dust Control Clean Up Full Trash Capture Device Installation

List of Appendices

00800 A. Encroachment Permit Packet B. Solid Waste Disposal and Recycling Reports C. Dig Alert Delineation for Underground Service Markings D. Change Order and Construction Change Directive Forms E. Owner-Operator Listing Statement of Compliance F. Red Imported Fire Ant (RIFA) Agreement

Notice Inviting Bids

00020-1

NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN THAT THE CITY OF MORENO VALLEY, hereinafter referred to as “the City” or “City,” will receive electronic bids prior to the “Bid Deadline” established below, for the Contract for construction of the Work of the “Project” generally described as:

Bid Deadline: August 26, 2026 prior to 2:00 p.m.

Place for Receipt of Bids and Bid Opening Results:

Bids shall be received electronically only in the City of Moreno Valley Vendor Portal through PlanetBids. The link to register to become a prospective bidder, electronically bid on this Project and review Bid tabulation results (“Bid Opening”) can be found at the following address:

http://www.planetbids.com/portal/portal.cfm?CompanyID=24660

Contract Documents Available:

Contract Documents in PDF format (including City Special Provisions and Project Plans, but not including Standard Plans, Standard Specifications, or Reference Specifications) shall be obtained from the link/website above.

Deadline for Bidder Requests for Information

All Requests for Information (RFI’s) must be submitted via the City of Moreno Valley Vendor Portal through PlanetBids. Any RFI received after the date and time specified herein will not be considered.

Date/Time: August 19, 2026, prior to 2:00 p.m.

1. Scope of Work: The Contractor shall furnish, to the satisfactory of the Engineer, all labor, materials, tools, equipment, and incidentals, unless otherwise specified, to construct and complete the work in compliance with the Contract Documents

The City of Moreno Valley is looking for a Contractor who could furnish and install Full Trash Capture Devices, ADS product or approved equal, within 350 existing Catch Basins (Base Bid) and install additional Full Trash Capture Devices in approximately 100 more Catch Basins (Additive Bid).

2. Date of Commencement and Time for Completion: The Contractor shall complete all preconstruction requirements, ordering of materials, and construction of the Project within the Contract Time of Forty (40) Working Days for the Base Bid only, and up to Sixty (60) Working Days for Base Bid plus Additive Alternate Bid after the date of commencement specified in the Notice to Proceed to Fulfill Preconstruction Requirements issued by the City. See Paragraph 5 of the Agreement for details regarding the initial Notice to Proceed to Fulfill Preconstruction Requirements and Notice to Proceed with Order of Materials and subsequent Notice to Proceed with Construction.

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3. Bidder Information and Addenda: Each Bidder shall register to become a Registered Bidder via the City of Moreno Valley Vendor Portal through PlanetBids. Addenda, if any, shall be issued via email through the PlanetBids Vendor Portal. It is the Contractor’s responsibility to ensure the email utilized in the Planet Bids Vendor Portal is current and accurate and it is further the Contractor’s responsibility to actively check the Portal and email for the issuance of Addenda.

The City reserves the right to extend the Bid Deadline by issuing an Addendum to Bidders no later than 72 hours prior to the Bid Deadline.

4. Bid Forms: The Bid Schedule of prices, Subcontractor List, and acknowledgement of receipt of Addenda, if any, shall be submitted using only the online electronic forms through the City of Moreno Valley Vendor Portal on the PlanetBids website at the above referenced address (collectively “Electronic Bid Forms”). Paper copies will not be accepted. The unit prices for each Bid Item shall be properly entered in the online electronic Bid Schedule.

In addition, each Bidder and their listed Subcontractor(s) must scan and submit/upload the following documents with its Electronic Bid Forms before the Bid Deadline. The Bidder must submit items 1-6 with its electronic bid proposal. These forms are required for contact award.

Page

1. Bidder’s Proposal 00300

2. Bidder’s Bond 00301

3. Worker’s Compensation Form 00302

4. Contractor’s Statement 00303

5. Iran Contracting Act Certification 00604

6. California Air Resource Board (CARB) In-Use Off-Road Diesel-Fueled 00605 Fleets Regulation Compliance Certification

5. Bid Security: Each Bid shall be accompanied by Bid Security, in the form of a certified check, cashier’s check, or Bidder’s Bond executed by a California-admitted surety insurer (as defined by California Code of Civil Procedure § 995.120 and § 995.311) in an amount of not less than ten percent (10%) of the amount of the total Bid Price (“Bid Security”). Such Bid Security shall guarantee that the Bidder, if his or her Proposal is accepted, will execute the Agreement, secure and furnish proof of Commercial General Liability, Automobile, and Workers’ Compensation Insurance as required by the Contract Documents, furnish a Faithful Performance Bond in the amount of one hundred percent (100%) of the total Contract Price, and furnish a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total Contract Price, within ten (10) Working Days after Contract award. Failure to execute and furnish said Contract Documents within said 10 Working Days shall be just cause for the annulment of the award and forfeiture of the Bid Security pursuant to the provisions of Section 20172 of the California Public Contract Code. A notary certificate for the Bidder’s signature shall be attached. The attorney-in-fact for a corporate surety must sign the bond, such signature shall be notarized, and a certified and notarized Power of Attorney duly authorizing the attorney-in-fact to act for the surety shall be submitted with the bond. The bond shall include the address at which the principal (Bidder) and surety may be served with notices, papers and other documents. If any of these items are not submitted with the Bid, the Bid shall be considered non-responsive and will be rejected. City requires the apparent three (3) low Bidders to submit wet signature originals Bidder’s Bonds within 72 hours of City’s request as a further condition to determining if a Bid is responsive. The City will retain the Bid Security of the first, second, and third lowest responsible

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Bidders until such time as the Agreement is executed. The Bid Security submitted by all other Bidders will be released within thirty (30) days after the date of the award of the Contract.

Submission of the bid security shall be in accordance with the instructions provided in Paragraph 3, “Bid Forms,” contained herein.

The Bidder may utilize a cashier’s or certified check in lieu of a Bidder’s Bond in the amount of ten percent (10%) of the total bid. If a cashier’s or certified check is used, it shall be delivered to the City Clerk in a sealed envelope at 14177 Frederick Street, Moreno Valley, CA 92553 prior to the Bid Deadline specified herein.

If any Bidder makes any alteration or otherwise deviates from or makes any qualifications of the Bidder’s Proposal forms in separate documents submitted with the Bidder’s Proposal, the Bid may be considered non-responsive. All Bidders’ Proposals shall be evaluated on the basis of the Engineer’s estimate of the quantities of Work to be performed.

6. Public Works Contractor DIR Registration Certification: California law provides that "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform work pursuant to Labor Code Section 1725.5." Go to http://www.dir.ca.gov/Public- Works/PublicWorks.html, and look under "Contractor Registration" for more information and to register. Pursuant to the above law, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)). Additionally, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. The City of Moreno Valley will not accept a Bid, nor will it contract or subcontract without proof of the contractor or subcontractor’s current registration to perform public works pursuant to Section 1725.5.

This project is also subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) (except those listed as Exemptions by the DIR) in the “eCPR data system.”

7. Contractor’s License: No Bid will be accepted from a Bidder who, at the Bid Deadline, is not fully and properly licensed as a contractor in accordance with Chapter 9 of Division 3 of the California Business and Professions Code (Section 7000 et seq.). At the Bid Submission Deadline, the prime Contractor must hold an active Class "A" or a combination of Class “A” and Class “C” contractor’s license issued by the California Contract State License Board. All Subcontractors shall be properly licensed at the Bid Deadline. Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all Bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any Bid submitted by a Bidder not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

http://www.dir.ca.gov/Public-Works/PublicWorks.html http://www.dir.ca.gov/Public-Works/PublicWorks.html

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8. City’s Rights Reserved: Within such limits as may be prescribed by law, the City Council of the City of Moreno Valley reserves the right to reject any and all Bids, to accept, reject or waive any variances or informalities in a Bid or in the bidding, or to accept the Bid or Bids that best serve the interests of the City.

9. Work Performed by Contractor: The successful Bidder shall perform, with its own organization, Contract Work amounting to at least 50 percent (50%) of the Contract Price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" may be deducted from the Contract Sum before computing the amount of Work required to be performed by the Contractor. Bid Items designated as “Specialty Items” will have an “(S)” next to the bid item description in the Bid Schedule. See Section 3-2 of the Standard Specifications and City Special Provisions.

10. Payment of Prevailing Wage Rates: This Project is subject to the provisions of Labor Code Section 1720 et seq., and the requirements of Title 8 of the California Code of Regulations Section 16000 et seq., which governs the payment of prevailing wages on public works projects.

The Director of the Department of Industrial Relations, State of California (DIR) pursuant to the California Labor Code, has determined the general prevailing rates of wages in the locality in which the Work is to be performed. Said rates are on file with the Capital Projects Division of the City of Moreno Valley and copies will be made available to any interested party on request during regular business hours and are also available on the Internet at the California Department of Industrial Relations website: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm (California prevailing wage rates) and the SAM.gov Wage Determinations website: https://sam.gov/wage-determinations (Davis-Bacon rates).” These rates shall be the minimum wage rates for this project. In addition, the Federal minimum wage rates for this Project as predetermined by the United States Secretary of Labor. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to Registered Bidders. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. If there is a difference in the California prevailing wage rates and the Federal minimum wage rates for similar classifications of labor, the Contractor and Subcontractors shall pay not less than the highest wage rates. The Contractor shall post a copy of said rates at the job site throughout the period of work on this project. The Contractor shall see that all employees of both the prime Contractor and subcontractors are being paid rates equal to or greater than the said rates. See Section 5- 3.2, “Prevailing Wages,” of the City Special Provisions.

11. Substitution of Securities: Pursuant to California Public Contract Code Section 22300, the Contractor may substitute approved securities for any monies withheld by the City to ensure performance of the Work. At the request and sole expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as escrow agent, who shall pay such monies to the Contractor after satisfactory completion of the Contract. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any dividends and interest thereon. Alternatively, the Contractor may request that the City, at the expense of the Contractor, make payment of retention earned directly to the escrow agent.

Notwithstanding the foregoing, such Contractor shall have thirty (30) Calendar Days following http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm https://sam.gov/wage-determinations https://sam.gov/wage-determinations

00020-5 award of the Contract to submit a written request to the City to permit the substitution of securities for retention or payment to an escrow agent; failure to do so shall be deemed a waiver of the right.

12. City of Moreno Valley Business License: The Contractor and all Subcontractors shall obtain and keep current a City of Moreno Valley Business License prior to commencement and throughout the duration of the Work.

13. Withdrawal of Bids: Bids shall remain open and valid for sixty (60) days after the Bid Deadline. Bids may be withdrawn electronically on the PlanetBids Vendor Portal prior to the Bid Deadline.

No bid may be withdrawn or changed after the Bid Deadline, except as otherwise provided by law. The lowest Bidder may only request relief of its Bid in accordance with Public Contract Code Section 5100 et seq. Each Bidder agrees by submitting a Bid that its Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of at least sixty (60) Calendar Days after Bid Submission Deadline.

14. Contract Award Bid Items: Refer to Paragraph 19 of the Instructions to Bidders, Award of Contract.

15. Subcontractors: Each Bidder shall submit, in the electronic Bid Form provided in the City of Moreno Valley’s Vendor Portal on the PlanetBids website, a list of Subcontractors to be used on this Project as required by the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Section 4100 et seq.

16. Insurance: All Contractors must provide the insurance described in Paragraph 7 of the Agreement. All Contractors shall also provide and file with the City all certificates of insurance required of any of the Subcontractors that may be required to procure and maintain certain insurance coverage for the duration of the Agreement.

17. Performance and Payment Bonds: Refer to Paragraph 21 of the Instructions to Bidders.

18. Liquidated Damages: If the awarded Contractor fails to complete the Work within the Contract Time, City shall assess liquidated damages against Contractor at the daily rate established in Paragraph 6 of the Agreement in Section 00500.

19. Technical Information: For technical information relating to the details of this Project and bidding requirements, submit all RFI’s via the project Q&A tab within the City of Moreno Valley Vendor Portal in PlanetBids:

(http://www.planetbids.com/portal/portal.cfm?CompanyID=24660).

Any RFI received after the date and time specified herein will not be considered.

________________________________ Date:__________________________ Melissa Walker, PE Public Works Director/City Engineer City of Moreno Valley

Instructions to Bidders 00100-1

INSTRUCTIONS TO BIDDERS

1. General: Information contained in these Instructions to Bidders is supplemental to information contained in the Notice Inviting Bids. The meanings of all capitalized terms not defined herein are defined in the Standard Specifications or the City Special Provisions.

2. Examination of Site and Contract Documents: The Bidder, at its sole cost and expense, is required to examine carefully the Contract Documents and the Project site to become fully acquainted with the conditions affecting the Work. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the site shall not relieve such Bidder from any obligation with respect to the Bid, the Contract, or the Work required under the Contract Documents. The City assumes no responsibility or liability to any Bidder for, nor shall the City be bound by, any understandings, oral representations or oral agreements of the City’s agents, employees or officers concerning the Contract Documents, or the Work done prior to execution of the Contract.

By submitting a Bid, Bidder represents: (1) that Bidder has read and understands the Contract Documents; (2) the Bid is made in compliance with the Contract Documents and is based upon the labor, materials, equipment, and systems required by the Contract Documents; (3) that Bidder understands that all labor, materials, equipment, and systems to be furnished for the Work shall be furnished for the prices bid; (4) that it has visited the Project site, familiarized itself with the local conditions under which the Work is to be performed; (5) that it is fully experienced, qualified and competent to perform the Work set forth in the Contract Documents; (6) that it shall not damage or endanger and shall preserve and protect adjacent properties; (7) that it is properly equipped, organized and financed to perform the Work; (8) that it is properly permitted and licensed by the California Contractors State Licensing Board to perform the Work; (9) that it has familiarized itself with all conditions bearing upon transportation, disposal, handling and storage of materials; (10) that it has familiarized itself with the availability of labor, water, electric power, and roads; (11) that it has familiarized itself with uncertainties of weather, or similar physical conditions at the Project site; (12) that it has familiarized itself with the character of equipment and facilities needed preliminary to and during performance of the Work; (13) that it has familiarized itself with the staging and material storage constraints of the Project site and surrounding buildings and will confine its staging and storage operations to approved areas;

(14) that it will coordinate its construction activities with the other contractors performing work on the Project site, if any, including, but not limited to, any Separate Contractor retained by the City;

and (15) that the Bidder has checked figures set forth in the Bid Schedule and understands that neither the City, nor the Moreno Valley Housing Authority, nor the Moreno Valley Community Services District, nor any officer or employee therefore will be responsible for any misunderstandings, errors, or omissions on the part of the Bidder in submitting its Bid.

3. Urban Runoff: The Bidder certifies to the City that he/she has trained his/her employees and Subcontractors, if any, for Urban Runoff management and has included sufficient sums in the Bid Price to cover such costs of said training as stipulated in the most current Regional Water Quality Control Board requirements, including the Municipal Separate Storm Sewer System NPDES Permit. The Contractor is responsible for all clean up and payment of all fines levied as a result of any illegal discharge (as defined in said NPDES permit) occurring as a result of the Contractor’s Work and/or operations.

4. Iran Contracting Act of 2010: In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a Bid with the City of one million dollars

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($1,000,000) or more, certify at the time the Bid is submitted that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with the Bid Forms and must be signed and dated under penalty of perjury.

5. Completion of Bid Forms

Bids shall only be prepared using the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Use of black or blue ink, indelible pencil, or a typewriter is required. Deviations in the Bid Forms may result in the Bid being deemed non-responsive. Failure to submit any of the Bid Forms may render the Bid non-responsive.

6. Signature of Bidder’s proposal

The Bidder’s Proposal form must be signed by the person or persons duly authorized to sign on behalf of the Bidder and state the legal name of the Bidder and the nature of the legal form of business of Bidder. By signing the Bidder’s Proposal, the person signing represents that he or she has legal authority to bind the Bidder to the Contract for the Work. Bids without valid required signatures shall be considered non-responsive. If the Bid submitted by a partnership, the Bidder’s Proposal shall include the partnership name and the name and address of each partner, and shall be signed by one of the general partners. If the Bid is submitted by a corporation, two (2) corporate officers having authority from the corporation shall sign, unless the corporation has a corporate resolution stating that one person is authorized to sign on behalf of all officers, and such resolution is attached to the Bidder’s Proposal.

7. Submission of Bids

Bids shall be submitted electronically through the PlanetBids Procurement. Unless otherwise specified herein, the Bid Forms shall be submitted through PlanetBids Procurement. No other method of submitting Bids will be accepted. Bidders may not submit Bids by fax, email, telephone, mail, or other means; any Bids received through any means other than OpenGov Procurement will be returned unopened.

It is the responsibility solely of Bidder to see that its Bid is properly submitted to PlanetBids Procurement in proper form and prior to the stated closing time. THE ELECTRONIC BID MANAGEMENT SYSTEM WILL NOT ACCEPT LATE BIDS. The City will only consider Bids that have transmitted successfully before the deadline. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the online bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Bidder to successfully submit an electronic Bid shall be at the Bidder’s sole risk, and no relief will be given for late and/or

00100-3 improperly submitted Bids.

8. Estimated Quantities: The estimated quantities set forth in the Bid Schedule are approximate only, and are provided only as a basis for the comparison of Bids. The City does not guarantee, expressly or by implication, that the actual amount of Work will correspond therewith, and reserves the right to increase or decrease the amount of any portion of the Work, or to omit portions of the Work, or delete any Bid Items of Work as may be deemed necessary or advisable by the Engineer. Payment shall be made only for actual quantities of Contract items constructed in accordance with the Contract Documents. See Section 7-3, “Payment,” of the Standard Specifications and City Special Provisions.

9. Interpretation of Contract Documents: Discrepancies in and omissions from the Contract Documents shall, at once, be brought to the attention of the City. If any Bidder contemplating submitting a Bid for the Project is in doubt as to the true meaning of any part of the bidding requirements or Contract Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Contract Documents with Applicable Law, such Bidder may submit a written request for an interpretation or correction thereof to the City via the City’s electronic bidding system specified in the Notice Inviting Bids. All Bidders shall submit such written requests to the City on or before the deadline established in the Notice Inviting Bids unless modified by Addendum (i.e., at least five (5) Working Days prior to the Bid Deadline, unless modified by Addendum). Any interpretation or correction will be made only by Addenda duly issued by the City, via the City’s electronic bidding system. The City will not be responsible for any other explanations or interpretations. No oral agreement or conversation with any officers, employees, or agents of the City, either before or after execution of the Contract, shall affect or modify any of the terms of obligations contained in any of the Contract Documents.

10. Addenda: The City reserves the right to revise the Contract Documents or any portion(s) thereof by the issuance of written Addenda disseminated to all Registered Bidders via the City’s electronic bidding system prior to the Bid Submission Deadline. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the Bid Submission Deadline, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid Submission Deadline. All Addenda shall be acknowledged electronically within the City’s Vendor Portal in PlanetBids and shall become a part of the Contract Documents. The cost of performing Work described in the Addenda shall be included in the Bid.

If any Addenda have been issued by the City but are not acknowledged by the Bidder in the Bidder’s Proposal, the Bid may be rejected as non-responsive. All Addenda or Bulletins will be issued via email through the Planet Bids Vendor Portal. It is the Contractor’s responsibility to ensure the email utilized in the Planet Bids Vendor Portal is current and accurate and it is further the Contractor’s responsibility to actively check the email for Addenda or Bulletin updates.

11. Electronic Submission of Bid: Bids shall be submitted electronically by completing the electronic Bid Schedule of prices for the Work, the Subcontractor List, and acknowledgement of receipt of Addenda, and uploading scans of the other completed Bid forms identified in Paragraph 3 of the Notice Inviting Bids using the City of Moreno Valley Vendor Portal through PlanetBids at the above referenced address. Paper copies will not be accepted.

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12. Electronic Bid Schedule: The Bidder shall properly enter a unit price or lump sum price for each Bid Item in the through PlanetBids. A total price for each bid item, the subtotal, and the grand total will be calculated automatically by the PlanetBids system.

13. Signature: The Bidder’s Proposal form must be signed (see pages 00300-01 and 00300-

2) where indicated by the person or persons duly authorized to sign on behalf of the Bidder and state the legal name of the Bidder and the nature of the legal form of business of Bidder. By signing the Bidder’s Proposal, the person signing represents that he or she has legal authority to bind the Bidder to the Contract for the Work. Bids without valid required signatures shall be considered non-responsive. If the Bid submitted by a partnership, the Bidder’s Proposal shall include the partnership name and the name and address of each partner, and shall be signed by one of the general partners. If the Bid is submitted by a corporation, two (2) corporate officers having authority from the corporation shall sign, unless the corporation has a corporate resolution stating that one person is authorized to sign on behalf of all officers, and such resolution is attached to the Bidder’s Proposal.

14. Bid Security: As set forth in the Notice Inviting Bids, Each Bid shall be accompanied by a certified check or cashier’s check payable to the City of Moreno Valley, or Bidder’s Bond executed by the Bidder as principal and a California-admitted surety insurer (as defined by California Code of Civil Procedure § 995.120 and § 995.311) in an amount of not less than ten percent (10%) of the amount of the Total Bid price (“Bid Security”). Pursuant to California Public Contract Code Section 20170 & 20171, no Bid shall be considered unless such Bid Security is enclosed therewith. If the Bidder elects to furnish a Bidder's Bond as his or her Bid security, the Bidder shall scan and upload the Bid Bond and submit via the electronic vendor portal prior to the Bid Deadline. A notary certificate for the Bidder’s signature shall be attached. The attorney-in-fact for a corporate surety must sign the bond, such signature shall be notarized, and a certified and notarized Power of Attorney duly authorizing the attorney-in-fact to act for the surety shall be submitted with the bond. The bond shall include the address at which the principal (Bidder) and surety may be served with notices, papers and other documents. If any of these items are not submitted with the Bid, the Bid shall be considered non-responsive and will be rejected. City requires the apparent three (3) low Bidders to submit wet signature originals Bidder’s Bonds within 72 hours of City’s request as a further condition to determining if a Bid is responsive.

The bidder may utilize a cashier’s or certified check in lieu of a bid bond in the amount of ten percent (10%) of the base bid. If a cashier’s or certified check is used, it shall be delivered to the City Clerk in a sealed envelope at 14177 Frederick Street, Moreno Valley, CA 92553 prior to the Bid Deadline specified herein.

In the event that the successful Bidder withdraws its Bid prior to the expiration of sixty (60) Calendar Days after the Bid Deadline or attempts to withdraw its Bid when the requirements of Public Contract Code § 5100 et seq. are not met, or refuses or fails to execute the Contract and provide the required bonds and insurance within ten (10) Working Days after award of the Contract, the Bid Security shall be retained by the City. In such event, the City may award the Contract for the Work to a responsible Bidder submitting the next lowest responsive Bid or may call for new Bids at the City’s sole discretion. Pursuant to Public Contract Code Section 20174, if the Contract is awarded to the next lowest responsible Bidder, the defaulted Bidder's Bid Security shall be used to cover the difference between the lowest Bid Price and the second lowest Bid Price, and any surplus will be returned to the defaulted Bidder or surety.

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15. Contractor’s Statement: Each Bidder shall scan and upload with its Bid, a Contractor’s Statement (which is included within the Bidder’s Proposal forms) completed by Bidder. The Contractor’s Statements shall not be public records. All information required by the Contractor’s Statement shall be completely and fully provided. Any Bid not accompanied by a Contractor’s Statement completed with all information required and bearing the signature of the Bidder’s duly authorized representative under penalty of perjury may render the Bid non-responsive and rejected. If the City determines that any information provided by a Bidder in the Contractor’s Statement is false or misleading, or is so incomplete as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive. Although the City will be reviewing qualifications, the City shall not apply a relative superiority analysis in making award of the Contract to the lowest responsive responsible Bidder.

16. Subcontractors:

16.1. Subcontractor List. Each Bidder shall submit as part of the Bid, through PlanetBids in the electronic format provided, a list of proposed Subcontractors in accordance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq.

If Additive Alternate Bid Items are included in the Contract Documents, Bidder shall identify Subcontractors performing Additive Alternate Bid Items when such Work or combination of base Contract Work and Alternate Work exceeds one-half of one percent of the total Bid Price. The City may require the three (3) lowest Bidders to submit other information pertinent to the proposed Subcontractor’s quality, fitness, capacity and experience to satisfactorily perform the Work.

Failure to timely submit such additional Subcontractor information may result in the Bid being deemed non-responsive and the Bid will be rejected by the City.

16.2. Work of Subcontractors. The organization or arrangements of the Specifications and Plans shall not limit the extent of the Work of the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub-bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids that is reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time.

16.3. Bidder-Performed Work. After the Bid Submission Deadline, the City may require the three (3) lowest Bidders to submit information about Bidder-performed Work including, but not limited to, the dollar value or percentage value of Work to be performed by Bidder in conformity with the Contract Documents. See Section 3-2, “Self-Performance,” of the Standard Specifications and City Special Provisions regarding requirements for Contractor-performed Work.

16.4. Ineligible Subcontractors. The successful Bidder is prohibited from performing

Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to Sections 1725.5, 1777.1 or 1777.7 of the California Labor Code. By submitting a Bid, each Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform Work pursuant to the Labor Code.

17. Non-Collusion Declaration: By submitting a Bid, the Contractor agrees to and acknowledges the Non-Collusion Declaration as contained in the Contract Documents, shall be

00100-6 signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion.

18. Disqualification of Bidders:

18.1. Debarred Contractors and Subcontractors. In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract.

Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. No Bid will be accepted from a Bidder who is prohibited from performing work on a public works project pursuant to Sections 1777.1 or 1777.7 of the California Labor Code.

18.2. Interest in More Than One Bid. More than one Bid from an individual, firm, partnership, corporation, or an association under the same or different name will not be considered; however, a person, firm or corporation that has submitted a sub-bid to a Bidder or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-bid or quoting prices to other Bidders or making a Bid as the prime contractor. Reasonable grounds for believing that any Bidder has an interest in more than one Bid as a Bidder will cause the rejection of all Bids in which such Bidder is interested.

18.3. Improperly Licensed. No Bid will be accepted from a Bidder who, at the Bid Deadline, is not fully and properly licensed as a contractor in accordance with Chapter 9 of Division 3 of the California Business and Professions Code (Section 7000 et seq.). See the Notice Inviting Bids for identification of the license(s) required for this Project.

19. Evaluation of Bids:

19.1. Responsive Bid. A responsive Bid is a Bid that conforms, in all material respects, to these Instructions to Bidders. Non-responsive Bids will be rejected.

19.2. Responsible Bidder. A responsible Bidder means a Bidder who has demonstrated the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform fully the requirements of the Contract Documents and the moral and business integrity and reliability that will assure good faith performance in the sole discretion of the City. The City’s determination of a Bidder’s responsibility or non-responsibility shall be based on the fitness and capacity of the Bidder to satisfactorily perform the obligations of the Contract, whether or not the Bidder is qualified to perform those obligations, whether or not the Bidder is trustworthy, and such other bases as may be relevant. Determinations of responsibility are based on the personal quality of the bidder. The City may consider, among other things: (1) any act or omission or pattern or practice of acts or omissions that negatively reflect on the Bidder's quality, fitness or capacity to perform; (2) any act or omission of Bidder that indicates a lack of integrity or honesty; (3) the making of a false claim against the City or any other public entity or engaging in collusion; (4) the Bidder's financial capability to perform and/or reliable financial information;

(5) the Bidder's experience with its sureties and insurance companies, including without limitation, bonding and insurance capacity; (6) the Bidder's ability to perform on time and on budget, either

00100-7 in the present or as performed in the past; (7) whether or not Bidder has performed satisfactorily in the past on its contracts with the City or any other public entity, including, but not limited to, whether or not Bidder has been in default under a contract with the City or any other public entity;

(8) the Bidder's safety record; (9) the Bidder's history of claims, litigation, and termination or disqualification on public projects; (10) Bidder's contract management skills, including, but not limited to, the use of scheduling tools, submission of schedules, compliance with prevailing wage rates, and certification of accurate payroll documents; and (11) whether or not Bidder is currently or was previously debarred by any public agency; (12) Bidder’s resources and facilities; and (13) Bidder’s personnel to satisfactorily perform.

20. Reservation of Rights: The City reserves the right, in its sole discretion, to: judge the Bidder’s representations as stated in the Bid forms, including the Contractor’s Statement, and any post-Bid information to determine whether or not Bidder is qualified to perform the Work; be the sole judge regarding the suitability of the products, services or supplies offered; to not purchase all items or the full quantity of each item listed in the Contract documents; accept or reject any or all Bids; modify, cancel or withdraw the Notice Inviting Bids; issue a new Notice Inviting Bids;

suspend or abandon the Project; appoint evaluation committees to review bids; and seek the assistance of outside technical experts in Bid evaluation; waive deficiencies, informalities and minor irregularities in any Bid or in the bidding process; require a Bidder to provide a guarantee (or guarantees) of the Contract by a third party; and/or not issue a Notice to Proceed after execution of the Contract. In submitting a Bid in response to the Notice Inviting Bids, the Bidder is specifically acknowledging that the City holds these rights. The Notice Inviting Bids does not commit the City to enter into a Contract, to reject, in its sole discretion, all Bids, nor does it obligate the City to pay for any costs incurred in preparation and submission of a Bid or in anticipation of a contract. By submitting a Bid, the Bidder disclaims any right to be paid for such costs.

21. Rejection of Bidder's Proposals: Any Bid containing information which is subsequently proven false or improperly signed shall be considered non-responsive and shall be rejected by the City. A Bid shall be rejected as non-responsive:

A. If the Bid shows any alterations of form or material additions not called for.

B. If the Bid contains additional or Additive Alternate Bid Items not called for.

C. If the Bidder adds any provisions reserving its rights to accept or reject any award of Contract.

D. If the Bid Bond/Security does not accompany the Bid.

E. If the Bid fails to provide required information except as allowed by law.

F. If the Bid fails to indicate that Work valued at least fifty percent (50%) of Contract Price (except Specialty Items) will be performed by the Bidder’s own forces, in accordance with Section 3-2, “Self-Performance,” of the City Special Provisions.

G. If the Bid is transferred to another Bidder.

H. If the Bid is received after the designated Bid Submission Deadline.

I. If the Bid does not contain a properly signed Declaration of Non-collusion.

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J. If the Bidder has been debarred pursuant to California Labor Code Sections 1777.1 or 1777.7 (see Paragraph 16.1 above).

A Bid may be rejected as non-responsive if it contains irregularities of any kind; however, the City reserves the right to waive irregularities to the extent permitted by law, as well as to reject any and all Bids. Bids may be considered irregular and may be rejected for reasons that include, but are not limited to, the following:

A. If there are material qualifications, conditions, or irregularities of any kind which may make the Bid incomplete, indefinite, or ambiguous.

B. If the Bid Price or unit prices provided by Bidder are obviously unbalanced or are excessive or may materially affect the final cost of the Work.

C. If Bidder has been delinquent or unfaithful in the performance of any former contract with the City.

D. If the City determines that any information provided by a Bidder is false or misleading, or is so incomplete as to be false or misleading.

22. Award of Contract: The lowest responsible Bidder will be determined by comparing the total Bid Price of all Base Bid Items plus all Additive Alternate Bid Items (if applicable). The City reserves the right to select any, all, or none of the Additive Alternate Bid Items at the time of award of the Contract. In the event that any or all of the Additive Alternate Bid Items are not awarded as part of the Contract, the City reserves the right to add any or all of the Additive Alternate Bid Items by Change Order or Construction Change Directive at the prices set forth in the Bid.

The award of the Contract, if made, will be within sixty (60) Calendar Days after the Bid Submission Deadline, unless a Bidder and, if applicable, its Bidder’s Bond surety, agree to extend the period of Bid irrevocability.

23. Execution of Contract: The Agreement shall be signed by the successful Bidder in duplicate counterpart and returned, together with the required bonds and insurance certificate(s), within ten (10) Working Days after the date the Agreement is awarded to the successful Bidder by the City. The Contract shall not be binding upon the City until same has been completely executed by the Contractor and the City.

24. Bonds and Insurance: The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Materials Payment Bond, each in the penal amount of 100% of the Contract Price. Bond forms for execution will be provided by the City when the Contract is tendered to the successful Bidder. Bonds may be secured through the Bidder’s usual sources.

The cost of furnishing the bonds shall be included in the Bid. Bonds issued by a California-admitted surety insurer listed on Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section

995.660. The bonds are subject to the requirements of Paragraph 8 of the Agreement. The Bidder selected for award of the Contract will be required to furnish the City with a certificate of liability insurance coverage, required insurance endorsements, and workers’ compensation certification in the coverage amounts specified in Paragraph 7 of the Agreement. The successful Bidder shall deliver the signed Agreement, bonds, and insurance to the City within ten (10)

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Working Days after the Contract is awarded to the successful Bidder. The Bidder shall pay for and maintain in full force and affect all required insurance throughout the life of the Agreement.

25. Permits and Fees: Refer to Section 2-2, “Permits,” of the City Special Provisions.

26. Bid Protests: Bid protests will follow…