Madonna Dam Bid Package.pdf

CONTRACT INFORMATION SHEET

Project Name: Madonna Creek Dam Repair Project

Project Description: Repair and restabilize the embankment immediately downslope of the lower dam. The objective is to restore the embankment to its original state by keying and benching in approved imported engineered fill, creating a workable space by dewatering the impounded pond, improving the drainage of the engineered fill slope via subdrains, and to stabilize the near surface engineered fill with District provided seed.

Miramontes Ridge Open Space Preserve

San Mateo County, California

LOCATION MAP

Midpeninsula Regional Open Space District i

TABLE OF CONTENTS

Notice Inviting Bids Instructions to Bidders Bid Proposal Bid Schedule Subcontractor List Noncollusion Declaration Bid Bond Bidder’s Questionnaire Contract Payment Bond Performance Bond General Conditions Article 1 - Definitions

Definitions Article 2 - Roles and Responsibilities

2.1 District

2.2 Contractor

2.3 Subcontractors

2.4 Coordination of Work

2.5 Submittals

2.6 Shop Drawings

Article 3 - Contract Documents

3.1 Interpretation of Contract Documents

3.2 Order of Precedence

3.3 For Reference Only

3.4 Current Versions

3.5 Conformed Copies

Article 4 - Bonds, Indemnity, and Insurance

4.1 Payment and Performance Bonds

4.2 Indemnity

4.3 Insurance

Article 5 - Contract Time

5.1 Time is of the Essence

5.2 Schedule Requirements

5.3 Delay and Extensions of Contract Time

5.4 Liquidated Damages

Article 6 - Contract Modification

6.1 Contract Modification

6.2 Contractor Change Order Requests

6.3 Adjustments to Contract Price

6.4 Unilateral Change Order

6.5 Non-Compliance Deemed Waiver

Article 7 - General Construction Provisions

7.1 Permits, Fees, Licenses, and Taxes

7.2 Temporary Facilities

7.3 Noninterference and Site Management

7.4 Signs

7.5 Project Site and Nearby Property Protections

7.6 Materials and Equipment

7.7 Substitutions

7.8 Testing and Inspection

7.9 Project Site Conditions and Maintenance

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7.10 Instructions and Manuals

7.11 As-built Drawings

7.12 Existing Utilities

7.13 Notice of Excavation

7.14 Trenching and Excavations of Four Feet or More

7.15 Trenching of Five Feet or More

7.16 New Utility Connections

7.17 Lines and Grades

7.18 Historic or Archeological Items

7.19 Environmental Control

7.20 Noise Control

7.21 Mined Materials

Article 8 - Payment

8.1 Schedule of Values

8.2 Progress Payments

8.3 Adjustment of Payment Application

8.4 Early Occupancy

8.5 Retention

8.6 Payment to Subcontractors and Suppliers

8.7 Final Payment

8.8 Release of Claims

8.9 Warranty of Title

Article 9 - Labor Provisions

9.1 Discrimination Prohibited

9.2 Labor Code Requirements

9.3 Prevailing Wages

9.4 Payroll Records

9.5 Labor Compliance

Article 10 - Safety Provisions

10.1 Safety Precautions and Programs

10.2 Hazardous Materials

10.3 Material Safety

10.4 Hazardous Condition

10.5 Emergencies

Article 11 - Completion and Warranty Provisions

11.1 Final Completion

11.2 Warranty

11.3 Use Prior to Final Completion

11.4 Substantial Completion

Article 12 - Dispute Resolution

12.1 Claims

12.2 Claims Submission

12.3 District’s Response

12.4 Meet and Confer

12.5 Mediation and Government Code Claims

12.6 Tort Claims

12.7 Arbitration

12.8 Burden of Proof and Limitations

12.9 Legal Proceedings

12.10 Other Disputes

Article 13 - Suspension and Termination

13.1 Suspension for Cause

13.2 Suspension for Convenience

13.3 Termination for Default

13.4 Termination for Convenience

13.5 Actions Upon Termination for Default or Convenience

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Article 14 - Miscellaneous Provisions

14.1 Assignment of Unfair Business Practice Claims

14.2 Provisions Deemed Inserted

14.3 Waiver

14.4 Titles, Headings, and Groupings

14.5 Statutory and Regulatory References

14.6 Survival

Special Conditions

Madonna Creek Dam Repair Project 2025 Form NOTICE INVITING BIDS 35033 Page 1

Notice Inviting Bids

1. Bid Submission. Midpeninsula Regional Open Space District (“District”) will accept sealed bids for its Madonna Dam Repair Project (“Project”), by or before June 10, 2025, at 11:00 a.m., at its Administrative Office, located at 5050 El Camino Real, Los Altos, California, at which time the bids will be publicly opened and read aloud.

2. Project Information.

2.1 Location and Description. The Project is located within the Miramontes Ridge Open Space Preserve in San Mateo County approximately 1.5 miles east of the Highway 1 and Highway 92 interchange in Half Moon Bay. Madonna Creek is an intermittent creek that generally flows northeast to southwest and is a tributary to Pilarcitos Creek. Within the approximately 0.6-mile stretch of Madonna Creek and its floodplain lie two earthen dams roughly 2,000 feet apart (upper and lower) each impounding an instream pond. Access to the site is through a District-owned agricultural site. The District seeks construction services for this Project and is described as follows:

The scope is to restore the lower pond’s embankment to its original state by keying and benching in approved imported engineered fill, creating a workable space by dewatering the impounded pond, improving the drainage of the fill slope via subdrains, and to stabilize the near surface engineered fill with District provided seed.

2.2 Time for Final Completion. The Project must be fully completed within 74 calendar days from the start date set forth in the Notice to Proceed. District anticipates that the Work will begin on or about August 18, 2025, but the anticipated start date is provided solely for convenience and is neither certain nor binding.

2.3 Estimated Cost. The estimated construction cost is $247,589.

3. License and Registration Requirements.

3.1 License. This Project requires a valid California contractor’s license for the following classification(s): Class A Contractor License.

3.2 DIR Registration. District may not accept a Bid Proposal from or enter into the

Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. NOTE THAT CONTRACTOR

REGISTRATION WITH DIR HAS BEEN TEMPORARILY SUSPENDED UNTIL

6/22/2025, AND THEREFORE, BIDS WILL NOT BE DISQUALIFIED FOR

FAILURE OF CONTRACTORS AND SUBCONTRACTORS TO BE SO

REGISTERED. See following website for additional information:

https://www.dir.ca.gov/public-works/contractor-registration.html.

4. Contract Documents. The plans, specifications, bid forms and contract documents for the

Project, and any addenda thereto (“Contract Documents”) may be downloaded from District’s website located at: https://www.openspace.org/get-involved/bids-proposals.

5. Bid Security. The Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to District, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security must guarantee that within ten days after District issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance

35033 Page 2 certificates and endorsements, valid Certificates of Reported Compliance as required under the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), if applicable, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award.

6. Prevailing Wage Requirements.

6.1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

6.2 Rates. The prevailing rates are on file with the District and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4.

7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price, as further specified in the Contract Documents.

8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code § 22300.

9. Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents.

10. Site Walk. There are two mandatory pre-bid meetings and site visits. ALL BIDDERS

MUST ATTEND AT LEAST ONE SITE VISIT. The site visits are scheduled on May 14, 2025 at 10:00 a.m. and on May 21, 2025 at 10:00 am at the following location: 12341 San Mateo Road, Half Moon Bay, CA 94019 to acquaint all prospective bidders with the Project site. Attending one site walk is mandatory. A bidder who fails to attend a mandatory site walk may be disqualified from bidding.

11. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the General Conditions apply to all Contract Documents, as defined therein, including this Notice Inviting Bids.

By: Sean Yao, Capital Project Manager I Date: May 6, 2025

Publication Date: May 7, 2025 http://www.dir.ca.gov/DLSR

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END OF NOTICE INVITING BIDS

Madonna Creek Dam Repair Project 2025 Form INSTRUCTIONS TO BIDDERS 35033 Page 4

Instructions to Bidders

Each Bid Proposal submitted to Midpeninsula Regional Open Space District (“District”) for its Madonna Creek Dam Repair Project (“Project”) must be submitted in accordance with the following instructions and requirements:

1. Bid Submission.

1.1 General. Each Bid Proposal must be completed, using the form provided in the Contract Documents, signed, and submitted to District in a sealed envelope, with all required forms and attachments, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum.

Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified.

Late submissions will be returned unopened. District reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from District. The bid price(s) must include all costs to perform the Work as specified, including all labor, materials, supplies, and equipment and all other direct and indirect costs such as applicable taxes, insurance and overhead.

1.2 Bid Envelope. The sealed envelope containing the Bid Proposal and all required forms and attachments must be clearly labeled and addressed as follows:

BID PROPOSAL:

Madonna Creek Dam Repair Project

Sean Yao/Capital Project Manager I 5050 El Camino Real Los Altos, CA 94022

The envelope must also be clearly labeled, as follows, with the bidder’s name and address:

[Contractor company name] [street address] [city, state, zip code]

1.3 DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, District may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If District is unable to confirm that the bidder is currently registered with the DIR, District may disqualify the bidder. (Labor Code §§ 1725.5 and 1771.1(a).) NOTE THAT CONTRACTOR REGISTRATION WITH DIR HAS

BEEN TEMPORARILY SUSPENDED UNTIL 6/22/2025, AND THEREFORE, BIDS

WILL NOT BE DISQUALIFIED FOR FAILURE OF CONTRACTORS AND

SUBCONTRACTORS TO BE SO REGISTERED. See following website for additional information: https://www.dir.ca.gov/public-works/contractor-registration.html.

2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed using the

Bid Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections

35033 Page 5 must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Subcontractor List and Non- Collusion Declaration using the forms included with the Contract Documents, and any other required enclosures, as applicable.

3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporations Code § 313.

4. Bid Security. Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check or certified check, made payable to the District, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California. The bid security must guarantee that, within ten days after issuance of the Notice of Potential Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; submit the insurance certificates and endorsements; and submit valid Certificates of Reported Compliance as required by the Off-Road Regulation, if applicable, and any other submittals, if any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq.

5. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Sean Yao, Capital Project Manager I at syao@openspace.org. Oral responses are not authorized and are not binding on the District. Bidders must submit any such written inquiries at least five Working Days before the scheduled bid opening. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by District in response to a written inquiry will be issued in an addendum.

6. Pre-Bid Investigation.

6.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter property owned or leased by the District or the Project site without prior written authorization from District.

6.2 Document Review. Each bidder is responsible for review of the Contract

Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying District of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the District no later than five Working Days before the scheduled bid opening. (See Section 5, mailto:syao@openspace.org

35033 Page 6 above.) District expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by District.

6.3 Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the District in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from District. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in District’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures.

6.4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third party utility owners about their requirements before submitting a Bid Proposal.

7. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for.

However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders.

8. Addenda. Subject to the limitations of Public Contract Code § 4104.5, District reserves the right to issue addenda prior to bid time. Any addenda issued prior to the bid opening are part of the Contract Documents. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check District’s website periodically for any addenda or updates on the Project at:

https://www.openspace.org/get-involved/bids-proposals.

9. Brand Designations and “Or Equal” Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. A request for substitution must be submitted at least ten days prior to the bid deadline, in the manner set forth in Section 5, above, and must include all data substantiating the proposed substitute as an equal item, as set forth in Section 7.7 of the General Conditions. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c). Any post-award request for substitution will be at the sole discretion of the District.

10. Bid Protest. Any bid protest must be submitted in writing and received by District at 5050

El Camino Real, Los Altos, CA 94022 or sent via email at syao@openspace.org before 5:00 p.m. no later than two Working Days following the bid opening (“Bid Protest Deadline”) and must comply with the following requirements:

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10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. For purposes of this Section 10, a “Working Day” means a day that District is open for normal business, and excludes weekends and holidays observed by District. Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code § 1771.1(b).

10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder.

10.3 Copy to Protested Bidder. Upon submission of its bid protest to District, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline.

10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by District before 5:00 p.m., within two Working Days after the Bid Protest Deadline (the “Response Deadline”). The response must attach all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder.

10.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the District, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

10.6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

10.7 Right to Award. The District is not required to hold an administrative hearing to consider a bid protest, but may do so at the sole option of the District’s Assistant General Manager, or if otherwise required by law. The Assistant General Manager or their designee will consider the merits of any timely protests and make a final determination thereon. District reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination.

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11. Reservation of Rights. District reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project represents the District’s expectations at the time the Notice Inviting Bids was first issued. District is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when the District determines, in its sole discretion, the appropriate time for commencing the Work. The District expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the District in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs.

12. Bonds. Within ten calendar days following District’s issuance of the Notice of Potential

Award to the successful bidder, the bidder must submit payment and performance bonds to District as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable.

13. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work.

14. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project.

15. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal.

15.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq.

15.2 Estimated Quantities. Unless identified as a “Final Pay Quantity,” the quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity.

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16. In-Use Off-Road Diesel-Fueled Fleets. If the Project involves the use of vehicles subject to the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), then within ten calendar days following District’s issuance of the Notice of Potential Award to the successful bidder, the bidder must submit to District valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the Off-Road Regulation, unless exempt under the Off-Road Regulation.

17. Federal Subcontracting Requirements. This Project is funded in whole or in part by the federal government. The successful bidder must comply with all applicable federal requirements as further specified in the Contract Documents, and when procuring Subcontractors, will consider small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms, as set forth in 2 CFR § 200.321, when possible and subject to the limitations of Laws. Consideration means:

18.1 Solicitation Lists. These business types are included on solicitation lists.

18.2 Soliciting Potential Sources. These business types are solicited whenever they are deemed eligible as potential sources.

18.3 Maximizing Participation. Dividing procurement transactions into separate procurements to permit maximum participation by these business types.

18.4 Establishing Delivery Schedules. Establishing delivery schedules that encourage participation by these business types.

18.5 Organizational Assistance. Utilizing organizations such as the Small Business

Administration and the Minority Business Development Agency of the Department of Commerce.

18.6 Lower-Tier Subcontracts. Requiring Subcontractors to apply this Section to lower-tier subcontracts, if any.

18. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 48 hours following a request by District. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible.

19. For Reference Only. The following documents are provided “For Reference Only,” as defined in Section 3.3 of the General Conditions:

Project Access Map Project Site Map Site Photos from 2020/2023 Madonna Creek Geotechnical Report Project Plans

END OF INSTRUCTIONS TO BIDDERS

Madonna Creek Dam Repair Project 2025 Form BID PROPOSAL 35033 Page 10

Bid Proposal

Madonna Creek Dam Repair Project

______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to Midpeninsula Regional Open Space District (“District”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice.

1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead, for the following price (“Base Bid”):

2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this bid. Bidder waives any claims it might have against the District based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda:

Addendum: Date Received: Addendum: Date Received:

#01 _____________ #05 _____________

#02 _____________ #06 _____________ #03 _____________ #07 _____________ #04 _____________ #08 _____________

3. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following:

3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104.

3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location.

3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time.

3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge.

3.5 Nondiscrimination. In preparing this bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status.

3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), 35033 Page 11 as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

3.7 Certification Regarding Lobbying. Bidder certifies, to the best of its knowledge and belief, that:

(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(C) The undersigned will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients will certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By signing this Bid Proposal, Bidder certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Bidder understands and agrees that the provisions of 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

3.8 Certification Regarding Buy America Preference. Bidder certifies, to the best of its knowledge and belief, as follows: The Build America, Buy America Act (“BABAA”) requires that no federal financial assistance for “infrastructure” projects is provided unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. (Section 70914 of Public Law No. 117-58, §§ 70901-52.) Bidder certifies that, for this Project, the iron, steel, manufactured products, and construction materials incorporated into the Work will fully comply with the BABAA requirements, including:

(A) All iron and steel used in the Project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(B) All manufactured products purchased with federal financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for

35033 Page 12 determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

(C) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

Bidder will require Subcontractors to sign and submit the same certification to the next higher tier. Bidder certifies and affirms the truthfulness and accuracy of each statement of this certification. In addition, Bidder understands and agrees that the provisions of 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements, apply to this certification.

4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that, if District issues the Notice of Potential Award to Bidder, then within ten days following issuance of the Notice of Potential Award to Bidder, Bidder will do all of the following:

4.1 Execute Contract. Enter into the Contract with District in accordance with the terms of this

Bid Proposal, by signing and submitting to District the Contract prepared by District using the form included with the Contract Documents;

4.2 Submit Required Bonds. Submit to District a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents;

4.3 Insurance Requirements. Submit to District the insurance certificate(s) and endorsement(s) as required by the Contract Documents; and

4.4 Certificates of Reported Compliance. Submit to District valid Certificates of Reported

Compliance for its fleet and its listed Subcontractors, if applicable, if the Project involves the use of vehicles subject to the Off-Road Regulation. (See Section 16 of the Instructions to Bidders.)

5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one):

____ A cashier’s check or certified check payable to District and issued by

_______________________________ [Bank name] in the amount of

____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to

District and executed by a surety licensed to do business in the State of California.

This Bid Proposal is hereby submitted on _________________________, 20__.

s/ ___________________________________ ______________________________________

Name and Title s/ ___________________________________ ______________________________________ [See Section 3 of Instructions to Bidders] Name and Title

Company Name License #, Expiration Date, and Classification

35033 Page 13

Address DIR Registration #

City, State, Zip Phone

Contact Name Contact Email

END OF BID PROPOSAL

35033 Page 14

Madonna Creek Dam Repair Project 2025 Form BID SCHEDULE 35033 Page 15

Bid Schedule

This Bid Schedule must be completed legibly and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.

AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs)

BID

ITEM

NO.

ITEM DESCRIPTION

EST.

QTY.

UNIT

UNIT

COST

EXTENDED

TOTAL AMOUNT

General Conditions, Safety, Site Supervision & Insurance; Refer to General and Supplemental Conditions 1 LS

A Site Preparation $ $

2 Mobilization/Demobilization 1 LS $ $

Site BMPs, Temporary Erosion Control, Silt Fencing, Wildlife and Tree Protection 1 LS

B Fill Slope $ $

4 Slope Protection Fabric 28 SY $ $

5 Clearing and Grubbing 1 LS $ $

6 Dewatering 1 LS $ $

7 Subdrain System 1 LS $ $

Unclassified excavation and foundation preparation 1 LS

9 Import Engineered Fill 250 CY $ $

10 Rock Slope Protection 192 CY $ $

* Final Pay Quantity

TOTAL BASE BID: Items 1 through 10 inclusive: $_____________________________________

Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form.

BIDDER NAME: ________________________________________________________________

END OF BID SCHEDULE

Madonna Creek Dam Repair Project 2025 Form SUBCONTRACTOR LIST 35033 Page 16

Subcontractor List

For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Base Bid,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price.

DESCRIPTION

OF WORK

SUBCONTRACTOR

NAME

CALIFORNIA

CONTRACTOR

LICENSE NO.

LOCATION OF

BUSINESS

DIR REG. NO. PERCENT

OF

WORK

END OF SUBCONTRACTOR LIST

1 For street or highway construction, this requirement applies to any subcontract of $10,000 or more.

Madonna Creek Dam Repair Project 2025 Form NONCOLLUSION DECLARATION 35033 Page 17

Noncollusion Declaration

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the __________________________ [title] of _____________________________________ [business name], 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.

This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112.

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].

s/________________________________________

Name [print]

END OF NONCOLLUSION DECLARATION

Madonna Creek Dam Repair Project 2025 Form BID BOND 35033 Page 18

Bid Bond

________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 2025 (“Bid”), to Midpeninsula Regional Open Space District (“District”) for work on the Madonna Dam Repair Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to District as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows:

1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the

Contract with District in accordance with the terms of the Bid.

2. Submittals. Within ten days following issuance of the Notice of Potential Award to Bidder, Bidder must submit to District the following:

2.1 Contract. The executed Contract, using the form provided by District in the Project contract documents (“Contract Documents”);

2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents;

2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents;

2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the

Contract Documents;

2.5 Certificates of Reported Compliance. Valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), if the Project involves the use of vehicles subject to the Off-Road Regulation; and any other documents required by the Instructions to Bidders or Notice of Potential Award.

3. Enforcement. If Bidder fails to execute the Contract or to submit the bonds, insurance certificates, and valid Certificates of Reported Compliance as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to District. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________

4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise, it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first.

Surety waives the provisions of Civil Code §§ 2819 and 2845.

Madonna Creek Dam Repair Project 2025 Form BID BOND 35033 Page 19

This Bid Bond is entered into and effective on ___________________, 20_____.

SURETY:

Business Name s/__________________________________ ______________________________ Date

Name, Title

(Attach Acknowledgment with Notary Seal and Power of Attorney)

BIDDER:

END OF BID BOND

Madonna Creek Dam Repair Project 2025 Form BIDDER’S QUESTIONNAIRE 35033 Page 20

Bidder’s Questionnaire

MADONNA CREEK DAM REPAIR PROJECT

Within 48 hours following a request by District, a bidder must submit to District a completed, signed Bidder’s Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. District may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire as part of its investigation to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid.

Part A: General Information

Bidder Business Name: _______________________________________________ (“Bidder”)

Check One: ___ Corporation (State of incorporation:…