City of Moreno Valley Project No. 801 0119

Contract Documents

PROJECT NO. 801 0119

SHERMAN AVENUE SIDEWALK

IMPROVEMENTS

(CDBG FISCAL YEAR 25/26)

AUGUST 2026

CITY OF MORENO VALLEY

PUBLIC WORKS DEPARTMENT

CAPITAL PROJECTS DIVISION

14177 FREDERICK STREET

P.O. BOX 88005

MORENO VALLEY, CA 92552

CONTRACT DOCUMENTS

SHERMAN AVENUE SIDEWALK IMPROVEMENTS (CDBG FY 25-26)

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

00401 Federal Contract Requirements Certification 00402 Nonsegregated Facilities Certification 00403 Good Faith Efforts Regarding Minority Based Enterprise (MBE) and Women

Based Enterprise (WBE) Certification 00404 Certification With Regards To Performance Of Previous Contracts 00405 Workers’ Compensation Certification 00406 Report of Additional Classification and Rate 00407 Equal Employment Opportunity Commitment 00408 Section 3 Business Certification 00409 Section 3 Economic Opportunity Plan 00410 Section 3 Affirmative Action Plan 00411 Section 3 Commitment Notice 00412 Federal Lobbyist Certification

00500 Draft Agreement

00600 Contractor’s Bonds 00601 Faithful Performance Bond 00602 Labor and Materials Payment Bond 00603 Community Workforce Agreement (CWA) Letter of Assent 00604 Iran Contracting Act Certification 00605 California Air Resource Board (CARB) In-Use Off Road Diesel-Fueled Fleets

Regulation 00606 Supplementary General Conditions

City Special Provisions

00700 Part 1 – General Provisions 00701 - Section 1 – General

- Section 2 – Scope of the Work

- Section 3 – Control of the Work

- Section 4 – Control of Materials

00003-2

- 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

- Section 9 – [not used]

- Section 10 – Federal Provisions and Requirements

- Section 11 – Federal Provisions and Requirements (24 CFR Part 75, Section 3)

Part 2 – Technical Provisions 00702 Project Specific Scope of Work Mobilization

Notification of Residents, Businesses, And Schools Red Imported Fire Ants (RIFA) Street Maintenance Clean Up Protection and Restoration of Underground Utilities and Facilities Protection and Restoration of Existing Improvements

Cooperation and Collateral Work Dust Control Noise Control Pollution Prevention Plan (PPP) Temporary Pedestrian Facilities and Access During Construction Traffic Control Utility and Agency Contact Information and Notification Clearing, Grubbing, and Removals Roadway Excavation Subgrade Preparation Tree Removal and Recycling Crushed Aggregate Base Asphalt Concrete Pavement Portland Concrete Cement Removal and Recycling Portland Cement Concrete for Street Improvements Utility Adjustments Utilities Traffic and Street Name Signs Construction Surveying and Survey Monument Installation Fence, Wall, and Gate Relocation or Installation Pavement Markers Traffic Striping, Curb and Pavement Markings

List of Appendices 00800 A. Community Workforce Agreement

B. Location Map C. City Standard Plans D. SPPWC Standard Plans E. Western Municipal Water District Standards

00003-3

F. Encroachment Permit Packet G. Certified Payroll Forms H. Solid Waste Disposal and Recycling Reports I. Dig Alert Delineation for Underground Service Markings J. Red Imported Fire Ant (RIFA) Agreement K. Owner-Operator Listing Statement of Compliance L. Federal Wage Determination M. Change Order and Construction Change Directive Forms

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: September 15, 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: September 03, 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 work to be performed consists of furnishing all labor, materials, tools, equipment, supervision and coordination, traffic control, and utility and transportation services necessary for the construction of approximately 3,200 square feet of new sidewalk and 780 linear feet of concrete curb and gutter, 1700 square foot of pcc driveway along the North side of Sherman Avenue between Day Street and Grant Street.

The project also includes paving, water service replacement, reconstruction of driveway aprons, construction of new cross gutters and a staircase, and other related improvements as shown in the Plans and specified in the Bid Schedule.

2. Community Workforce Agreement: For project contract cost at $1,000,000 or more, the Contractor and each Subcontractor shall execute a Letter of Assent which formally binds the Contractor and each Subcontractor to the terms of the Community Workforce Agreement by and Between the City and San Bernardino/Riverside Counties Building and Construction Trades Council, AFL-CIO and the Signatory Craft Councils and Unions (“CWA”) entered into on December 1, 2025. A copy of the CWA is attached as Appendix F and the Letter of Assent is

00020-2 attached included in Section 603. By submitting a bid for this project, Contractor acknowledges that it has read the CWA and will execute the Letter of Assent binding itself to the terms of the CWA if the project cost is $1,000,000 or more, and will further ensure that each subcontractor will sign the Letter of Assent and provide copies to the City prior to performing any work on the project.

A copy of a Letter of Assent is included in these Contract Documents.

3. 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-Five (45) Working Days 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.

4. Pre-Bid Meeting: Not Applicable

5. 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.

6. 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 1-19 with its electronic bid proposal. These forms are required for contact award.

Page

1. Bidder’s Proposal 00300

2. Bidder’s Bond 00302

3. Contractor’s Statement 00303

4. Community Workforce Agreement (CWA) Letter of Assent 00603

5. Iran Contracting Act Certification 00604

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

7. Federal Contract Requirements Certification 00401

8. Nonsegregated Facilities Certification 00402

9. Good Faith Efforts Regarding Minority Based Enterprise (MBE) 00403 and Women Based Enterprise (WBE) Certification

10. Certification With Regards To Performance Of Previous Contracts 00404

11. Worker’s Compensation Certification 00405

12. Report of Additional Classification and Rate 00406

13. Equal Employment Opportunity Commitment 00407

14. Section 3 Business Certification 00408

00020-3

15. Section 3 Economic Opportunity Plan 00409

16. Section 3 Affirmative Action Plan 00410

17. Section 3 Commitment Notice 00411

18. Federal Lobbyist Certification 00412

7. 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 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.

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

00020-4 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.”

9. 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 “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.

10. 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.

11. 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.

12. 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 http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm

00020-5 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.

13. 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 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.

14. 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.

15. Withdrawal of Bids: Bids shall remain open and valid for sixty (60) Calendar 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.

16. Contract Award Bid Items: Refer to Paragraph 22 of the Instructions to Bidders, Award of Contract.

17. 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.

https://sam.gov/wage-determinations https://sam.gov/wage-determinations

00020-6

18. 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.

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

20. 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.

21. 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.

22. Federal Requirements: This project is Federally financed by the U.S. Department of Housing and Urban Development (HUD) (24 CFR, Part 570) and subject to certain requirements including payment of Federal prevailing wages in compliance with “Section 3” Affirmative Action requirements (Executive Order No. 11246), the procurement standards in compliance with the 40 CFR Part 31.36(e) regarding Minority Based Enterprise (MBE) and Women Based Enterprise (WBE), and others. The aforementioned are described in “Part 1 – General Provisions, Sections 10 and 11” of the Contract Documents. Additional information pertaining to the Federal requirements is on file with the Financial and Management Services Department.

Section 3 Thresholds and Triggers The requirements of Section 3 apply to recipients of HUD funding for Section 3 covered project(s) in which the total amount of assistance is more than $200,000 on a project-by-project basis. HUD defines the term Project as a site or sites together with any buildings and improvements located on the site(s) that are under common ownership, management, and financing. Section 3 applies to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance.

Contractors and Subcontractors are also subject to Section 3’s requirements when performing any type of activity on Section 3 covered projects for which the total amount of funding for a given project is more than $200,000.

Section 3 Benchmarks When Section 3 is triggered by the threshold above, all parties must attempt, to the “greatest extent feasible,” to meet the minimum numerical goals as follows:

• At least 25% of all labor hours must be performed by Section 3 Workers

• At least 5 of all labor hours must be performed by Targeted Section 3 Workers

These benchmarks may be updated by HUD every three years.

Section 3 Workers and Targeted Section 3 Workers A Section 3 Worker is any worker who currently fits, or when hired within the last five years fit, at

00020-7 least one of the following categories, as documented:

• A low or very low-income worker, OR

• Employed by a Section 3 Business Concern, OR

• A YouthBuild Participant

A Targeted Section 3 Worker is:

• Employed by a Section 3 Business Concern, OR

• Currently fits or when hired fits at least one of the following categories as documented within the last five years:

o Living within the Service Area or the neighborhood of the project, as defined in 24

CFR 75.5.

o A YouthBuild Participant

Section 3 Business Concern – A Business Concern that meets the following criteria:

• 51% or more owned and controlled by low or very low-income persons, OR

• Over 75% of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers, OR

• 51% or more owned and controlled by current residents of public housing or Section 8-

• assisted housing

YouthBuild YouthBuild is an academic and occupational skills training program serving youth ages 16-24 who have dropped out of high school or previously dropped out and re-enrolled.

Additional Criteria:

• A member of a low-income family and/or

• A youth in foster care (including youth aging out of foster care) and/or

• A youth or adult offender and/or

• A youth with a disability and/or

• A child of an incarcerated parent and/or

• A migrant youth

More information about the YouthBuild program is located at:

https://www.dol.gov/agencies/eta/youth/youthbuild

Low-Income and Very Low-Income Limits The low-income and very low-income limits are defined in Section 3(b)(2) of the Housing Act of 1937, are determined annually by HUD, and are typically established at 80% and 50% of the area median Individual income. HUD income limits can be found at:

https://www.huduser.gov/portal/datasets/il.html

Prioritization of Effort Section 3 projects must have met or exceeded the aforementioned Section 3 benchmarks and followed the required prioritization of effort. In regard to employment and training, to the greatest extent feasible, prioritization of effort shall be aimed toward Section 3 Workers residing within the Service Area or neighborhood of the project, followed by Participants in YouthBuild programs. In regard to contracting, to the greatest extent feasible, prioritization of effort shall be aimed toward Section 3 Business Concerns that provide economic opportunities to Section 3 Workers residing within the service area or the neighborhood of the project, followed by https://www.dol.gov/agencies/eta/youth/youthbuild https://www.huduser.gov/portal/datasets/il.html

00020-8 participants in YouthBuild programs. If a recipient, contractor, or subcontractor cannot attain the quantitative benchmarks and prioritization of effort, then evidence that qualitative efforts to assist low-income and very low-income persons with employment and training opportunities must be provided. Examples of qualitative efforts can be found in HCD, 24 CFR 75.25(b).

Section 3 Economic Opportunity Plan Recipients, subrecipients, contractors, and subcontractors are expected to prepare and maintain a Section 3 Economic Opportunity Plan to serve as a guide for implementing the requirements and meeting the Section 3 goals. The components of a Section 3 Plan may include, but are not limited to, a policy statement, or purpose of the plan, applicability of Section 3 requirements, the Section 3 goals/Safe Harbor benchmarks, the Recipient and Contractor responsibilities, the means of prioritization and eligibility verification for workers and businesses, the certification procedures for workers and businesses, the reporting deadlines, and any complaint procedures. Subrecipients, contractors, and subcontractors shall develop, attain, and maintain Section 3 Worker, Targeted Section 3 Worker, and Section 3 Business Concern certifications.

Contract Language The following language shall be incorporated in all City contracts:

24 CFR Part 75 establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met.

The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance, shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent. As specified in 24 CFR Part 75, all Section 3 projects are required to comply with these requirements. By entering into this contract, contractor hereby acknowledges, understands, and agrees to comply with the Section 3 requirements. Any contractor found in violation of any part of 24 CFR Part 75 will be deemed to be in violation of the contract and the contract shall be subject to termination.

In addition, contractors and subrecipients are required to include language in all Section 3 covered contracts or agreements for subcontractors to meet the requirements of 24 CFR Part 75.19.

For businesses, noncompliance with HUD’s regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

Subrecipients, contractors, and subcontractors are subject to compliance review by the city to ensure Section 3 goals/benchmarks are being met. The review procedure may include, but is not limited to, requiring subrecipients, contractors, and subcontractors to submit reports showing certification of Section 3 workers, Targeted Section 3 Workers, and Section 3 Business Concerns, as well as hours worked for the Section 3 Project, and establishing a timeline for reporting.

The Build America, Buy America Act (BABA) The Build America, Buy America Act (BABA) was signed into law by President Biden on November 15, 2021, as part of the Infrastructure Investment and Jobs Act (IIJA) as Sections 70901- 52 of Pub. L. No. 117-58. In addition to providing funding for roads, bridges, rails, and high-speed internet access, it created an incentive to increase domestic manufacturing across

00020-9 the country through the inclusion of BABA’s “Buy America Preference” (BAP). In general, the BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with Federal financial assistance (FFA), as outlined in Section 70914(a) of BABA, must be produced in the United States. The intent of the BAP in BABA is to stimulate private-sector investments in domestic manufacturing, bolster critical supply chains, and support the creation of well-paying jobs for people in the United States. The preference is also intended to bolster American firms’ ability to compete and lead globally for years to come by requiring entities that receive Federal infrastructure funds to use American materials and products. The BABA preference for American materials and products applies to all spending on infrastructure projects by Federal agencies, including HUD. In BABA and for purposes of this Notice, the Federal infrastructure spending with a BAP is referred to as “Federal financial assistance” or “FFA.” Under Section 70912(7), FFA for infrastructure "projects” includes the “construction, alteration, maintenance, or repair of infrastructure in the United States”. Under Section 70914(a), the use of American iron and steel, construction materials, and manufactured products applies to funding from CPD programs for infrastructure projects. However, the BAP does not apply to “pre and post disaster or emergency response expenditures” under Section 70912(4)(B). A list of CPD disaster or emergency funding meeting these criteria can be found in Section III.

Date:

Melissa Walker, PE Public Works Director/City Engineer

8/20/2026

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 ($1,000,000) or more, certify at the time the Bid is submitted that the person is not identified on a

00100-2 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 improperly submitted Bids.

00100-3

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 6 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.

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.

00100-4

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.

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

00100-5 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.