Agenda, closed session — Adelanto City Council, March 12, 2025 (part 2 of 3)

CITY OF ADELANTO

CALIFORNIA

NOTICE INVITING BIDS
I. PROJECT – Adelanto WWTP Process Improvement Plan
PROJECT NO. CIP 2024-09
II. SEALED BIDS – Notice is hereby given that sealed bids will be received by the Engineering Department of the City of Adelanto at 11600 Air Expressway, Adelanto, CA 92301, until 3:00 p.m. on Febuary 11, 2025 for the work to be done as described in the Special Provisions entitled Adelanto WWTP Process Improvement Plan, project number CIP 2024-09. All bids shall be on the Bid Proposal form provided by the City of Adelanto. Faxed bids are not accepted. The City of Adelanto encourages local contractors/sub-contractors to submit bids for this project and on all future City projects.

III. BOND REQUIREMENTS – Bids must be accompanied by a Bidder's Bond in the form of a certified or cashier's check or a corporate surety bond in an amount not less than ten percent (10%) of the bid amount.
 Prior to execution of the Contract, the successful bidder shall provide one-hundred percent (100%) Faithful Performance and one-hundred percent (100%) Payment bonds based on the bid amount accepted by the City.

IV. PREVAILING RATE OF WAGES - STATE WAGE RATE REQUIREMENT – The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, which are available online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him shall comply with all applicable Labor Code provisions which include, but are not limited to, the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1 all contractors and subcontractors that wish to bid, be listed in a bid proposal or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractors’ and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on the Project, it shall be the bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

V. MANDATORY PRE BID MEETING – There will be a mandatory pre-bid conference scheduled for this project on January 7, 2025 located at 19101 Johnathan St, Adelanto CA 92301 at 9am.

VI. CONTRACT DOCUMENTS – All bid documents, including exhibits and project locations, are contained within these project specifications, which can be obtained through https://www.ebidboard.com VII. EVALUATION OF BIDS – The City of Adelanto reserves the right to accept or reject any and all bids and to award a Contract to the bidder who best meets its requirements. Relevant factors that shall be considered in evaluating the bids are: completeness and accuracy of bid; length and nature of warranties; anticipated length of life of materials; as well as the lowest and best price. 327
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VIII. AFFIRMATIVE ACTION – The City of Adelanto hereby notifies all bidders that it will affirmatively ensure that, in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration of award.

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

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

X. DESCRIPTION OF WORK – This project generally consists of supply, installation and commissioning of new materials and equipment to optimize the City of Adelanto WWTP XII LOCATION OF WORK – 19101 Johnathan St, Adelanto CA 92301

XIII. BEGINNING OF WORK, TIME OF COMPETION AND LIQUIDATED DAMAGES – The work under this contract shall be diligently prosecuted to completion. Required submittals shall be presented for approval within 10 working days from notice of award. Subsequent re-submittals shall be presented within 5 working days. All materials shall be placed and work completed before expiration of the 180 CALENDAR DAYS from notice to proceed. The Contractor shall pay the City of Adelanto the sum of $1,000.00 per day for each and every calendar day delay in finishing the work in excess of the contract time period of 180 CALENDAR DAYS as Liquidated Damages.

IXV. ENGINEERS ESTIMATE – Engineer’s estimate for this project is $2,1000,000.

Dated: December 12, 2024
_________________________________
Brenda Lopez
Deputy City Clerk
City of Adelanto
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CITY OF ADELANTO
Adelanto WWTP Process Improvement Plan

INSTRUCTION TO BIDDERS
BIDS – Sealed bids will be received by the Administrative Services Dept, Finance Division, Purchasing Section of the City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301, for furnishing all labor, services, materials, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore, until 3:00 p.m. on February 11, 2025 at which time and place the bids will be publicly opened and read aloud by the City Clerk. Bids shall be submitted in a sealed envelope clearly marked “Adelanto WWTP Process Improvement Plan, Attention City Clerk". Emailed or faxed bids will not be accepted.

I. PROJECT QUESTIONS – Any prospective bidder desiring an explanation or interpretation of the solicitations, specifications, etc., must request it in writing to the Purchasing Division by no later than 3:00 p.m. on February 11, 2025 in order to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all prospective bidders as an amendment to the solicitation, if that information is necessary to submitting bids or if the lack of it would be prejudicial to other prospective bidders.

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

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

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

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

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

VI. BID PROPOSAL AND CONTRACT DOCUMENT – The Bid Proposal Documents and Contract Documents shall consist of the Notice Inviting Bids, Instructions to Bidders, General Requirements, Technical Requirements, Proposal Instructions, Proposal, Questionnaire, Bidder's Bond with cash, certified check, cashier's check or bond, Bid Proposal, List of Subcontractors, Non-Collusion Affidavit, 329
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Addenda Acknowledgment, Exception Form, Contract, Payment Bond, Faithful Performance Bond, and Guaranty, together with all additions, deletions, modifications, appendices, and all addenda, as prepared prior to the date of this bid opening, setting forth any modifications or interpretations of said documents, are hereby incorporated in and made a part of these Special Provisions, Proposal, and Contract.

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

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

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

IX. CONTRACT DOCUMENTS – The Plans and Specifications are available through Planetbids.

Potential bidders must register and place their name on the plan holders list to receive updates, addenda and download the project files in portable digital format (pdf).

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

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

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

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

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

The making of any payment to the Contractor under this Contract shall not relieve the Contractor of its obligation hereunder. The Contractor is obligated to complete the Contract in its entirety and to deliver to the City such completed work, finished product or structure as is specified in the Contract, at the time or times specified, and until this Contract is fully performed by the Contractor and the work, product, or structure produced thereby is accepted by the City, the Contractor shall be obligated to repair, replace, restore, or rebuild any fully or partially completed work or structure, or any materials or 330
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equipment required to be provided under the Contract which may be damaged, lost, stolen, or otherwise injured in any way; provided, however, that with respect to any major unit of the type mentioned in this section, this particular obligation of the Contractor will terminate upon the completion of the Contract and acceptance by the City of such major unit, and provided further that all work, any structure, materials, and equipment covered by any partial payment is made.

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

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

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

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

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

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

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

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

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

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

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

XIII. RECYCLING, SALVAGE, AND LANDFILL DIVERSION – The City encourages innovative approaches to recycling, reuse, or salvage. The City of Adelanto is mandated by the State of California to implement programs to reduce the amount of waste sent to landfill by 50% by the year 2000 and 331
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beyond.

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

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

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

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

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

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

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

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

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

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

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

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

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

XX. BEGINNING OF WORK AND TIME OF COMPLETION – The Work under this contract shall be diligently prosecuted to completion before expiration of the Thirty (30) CALENDAR DAYS beginning within fifteen calendar days after the “Notice to proceed” date.

XXI. LIQUIDATED DAMAGES – The Contractor shall pay the City of Adelanto the sum of $1,000.00 per day for each and every calendar day delay in finishing the work in excess of Thirty (30) CALENDAR DAYS as specified above as Liquidated Damages.

XXII. ENGINEERS ESTIMATE – Engineer’s Estimate is approximately $2,100,000.

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

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

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

XXVI. ATTORNEY'S FEES – Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the parties to this agreement concerning this agreement or the rights and duties of either in relation thereto, the parties prevailing in 333
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such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

XXVII. INDEMNIFICATION – Notwithstanding the limits of any insurance, Contractor shall indemnify the City, it’s officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless therefrom;
(c) In the event the City, its officials, officers, agents, volunteers or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. (d) Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

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

XXVIII. OWNERSHIP OF DOCUMENTS – All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership of the documents and materials hereunder. Contractor 334
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may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to the City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify the City for all damages resulting there from.

XXIX. UNFAIR BUSINESS PRACTICE CLAIMS – In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the Contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

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

XXXI. WAIVER – No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

XXXIV. AWARD OF CONTRACT – The City of Adelanto reserves the right to reject any and all bids and waive any irregularities or informalities in any bid or in the bidding. The City of Adelanto further reserves the right to award the Contract to other than the lowest bidder if such action is deemed to be in the best interest of the City. The award of the contract, if awarded, will be made within ninety (90) calendar days after opening of the Bid Proposals. The contractor's signature on the Proposal form shall constitute a commitment on the part of the bidder to furnish the equipment as set forth in the Bid Proposal form, Notice Inviting Bids, Instructions to Bidders and the Special Provisions.

The bidder to whom the contract is awarded shall be notified upon approval of the Contract by the City Council. The Notice Inviting Bids, Instructions to Bidders, Proposal, Bid Proposal form, Special Provisions, City of Adelanto Standard Specifications for Public Improvements, Greenbook Standard Specifications for Public Works Construction and Standard Plans of the State of California Department of Transportation 2015 edition including all addendums, together with any plans and/or attachments, shall be considered as part of the Contract between the City and the Contractor to 335
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whom a Purchase Order is issued.

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

BID PROPOSAL
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CITY OF ADELANTO
Adelanto WWTP Process Improvement Plan
BID PROPOSAL – ADELANTO WWTP PROCESS IMPROVEMENT PLAN
Page A-2

SECTION A - SUBMISSION CERTIFICATION
I hereby submit to the City of Adelanto the following bid proposal for work outlined in plans and specifications entitled “KOALA ROAD REPAVING PROJECT” All of the following documents (check below) are completed, fully executed, and included in my bid as required in the bid documents:

Submission Certification (Page A-2)
Proposal Instruction (Page A-3)
The Proposal (Page A-4, 5)
Public Contract Code Section 10162 Questionnaire (Page A-6) Bidder’s Bond (10% of the Bid Amount) Cash or Cashier’s Check (Page A-7) Bid Proposal (Page A-8, 9)
List of Subcontractors (Page A-10)
Non-Collision Affidavit (Page A-11)
Addenda Acknowledgement (Page A-12)
Proposer Identification (Page A-13)
Customer References (Page A-14)
____________________Contractor’s Qualification (Page A15, 16) ____________________Exception Form (Page A-17)
____________________Workers Compensation (Page A-18)
____________________SB 854 Certification (A-19)
____________________Debarred Certification Acknowledgement (A-20, 21) My signature on this submittal Certification is affirmation that all items listed above are fully completed and executed and are hereby submitted with proposal as required. I understand that failure to complete and/or submit any of the required documents may be cause for rejection of my bid proposal.

Authorized Signature Printed Name and Title

Date Signed Telephone Number
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SECTION A – PROPOSAL INSTRUCTION
Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items.

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

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the City’s Final Estimate of cost.

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

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

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

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

CITY OF ADELANTO
11600 Air Expressway
Adelanto, CA 92301
SUBJECT: KOALA ROAD REPAVING PROJECT
Gentlemen:

The undersigned hereby proposes to perform all work for which a contract may be awarded to him and to furnish any and all plant, labor services, materials, tools equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein for the Construction of Improvements as specifically set for in documents entitled: KOALA ROAD REPAVING PROJECT, together with appurtenances thereto; all as set forth on the Plans and in these Special Provisions and other contract Documents; and he further proposes and agrees that, upon proposal acceptance and award, he will contract in the form and manner stipulated to perform all the work called for by the Plans, Special Provisions, and other Contract Documents, and to complete all such work in strict conformity therewith within the time limits set forth therein, and he will accept as full payment therefor the prices set forth in the Bid Proposal forming a part hereof. ( ) Cashier's Check ( )Certified Check ( ) Bid Bond properly made payable to the CITY OF ADELANTO, hereinafter designated as the Owner, for the sum of
Dollars, ($ ), which amount is not less than
ten percent (10%) of the total amount of this bid, is attached hereto and is given as a guarantee the undersigned will execute the Agreement and furnish the required bonds if awarded the Contract and, in case of failure to do so within the time provided, said funds shall be forfeited to the Owner, of Surety's liability to the Owner for forfeiture of the amount of the Bond shall be considered as established.

IT IS UNDERSTOOD AND AGREED THAT:

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

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

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

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

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

6. In conformance with current statutory requirements of Section 1860 of the Labor Code of the State of California, the undersigned confirms the following as his certification:
• I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workman's compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this Contract.

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

DATED this day of , 20____
BIDDER: _____________________________________________________________________________________ BY: _________________________________________________________________________________________ TITLE: _______________________________________________________________________________________ BIDDER’S ADDRESS: __________________________________________________________________________ __________________________________________________________________________ BIDDER’S TELEPHONE NUMBER: ________________________________________________________________ BIDDER’S EMAIL ADDRESS: ____________________________________________________________________ CONTRACTORS’ LICENSE NUMBER AND EXPIRATION DATE: ________________________________________ CONTRACTORS’ LICENSE CLASSIFICATION(S): ____________________________________________________ 341

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SECTION A - QUESTIONNAIRE
In accordance with Government code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation? Yes No
If the answer is yes, explain the circumstances in the following space:

NOTE: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of this questionnaire.
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SECTION A – BIDDER’S BOND

TO ACCOMPANY BID PROPOSAL FORM

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

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

THE CONDITION OF THIS OBLIGATION IS SUCH.

THAT, WHEREAS the Principal has submitted a bid to CITY OF ADELANTO for the certain construction for which bids are to be opened at Office of the City Clerk of the CITY OF ADELANTO on February 11, 2025 at 3:00 p.m., as shown on Plans entitled, Adelanto WWTP Process Improvement Plan.

NOW THEREFORE, if the aforesaid Principal is awarded the Contract, and within the time and manner required under the said Special Provisions, enters into a written Contract, in the prescribed form, in accordance with the bid and files the two (2) required Bonds with the CITY OF ADELANTO, one (1) to guarantee faithful performance and one (1) to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

In the event suit is brought upon this Bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suite, including reasonable attorney's fee to be fixed by the Court.

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

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

Principal is licensed in the State of California in accordance with an act providing for the registration of contractors.

License No. __________.
_ (Seal)
By: (Seal)
____ (Seal)

PRINCIPAL
(Seal)
By: (Seal)
SURETY
_ (Seal)

ADDRESS
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SECTION A – BID PROPOSAL FORM
TO THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA:

The undersigned declares he has carefully examined the locations of the proposed work, the Plans, Special Provisions, and Contract Documents; and being familiar with all of the conditions surrounding the work, including the availability of materials and labor, here by proposes to furnish all labor, materials, tools, equipment, and incidentals, to complete all the work. All of the aforementioned shall be done in accordance with said Plans, Special Provisions, and the most current editions, including all amendments at bid opening of the:
1) City of Adelanto Standard Specifications for Public Improvements, 2) Standard Specifications and the Standard Plans of the State of California Department of Transportation, 3) The Contractor shall provide construction survey and construction staking to establish grades per plans, furnish all labor, materials, equipment to complete the required surveying task at no extra cost to the City. 4) All cost involved in construction survey and monument preservation shall be included in the various contract items of work and no additional compensation will be allowed therefore. 5) California Manual of Uniform Traffic Control Devices, and Contract Documents for the price set forth in the following schedule:

BASE BID SCHEDULE

REQUIRED BASE BID - LUMP SUM BREAKDOWN
Item Description Unit Total Price
0 Owner Supplied Items LS $0 (CITY SUPPLIED)
Supply New 45HP Influent Pump & Base
(City Pre-Purchase)
Purchase and Supply 200HP Turbo Blower
(City Pre-Purchase)
Purchase and Supply TCI HCA Harmonic Filter Unit for New Blower
(Included with City Blower Pre-Purchase)
1 Provide Sewer Bypass Services per Bypass Plan LS $
2 Headworks Improvements LS $
Supply and Install Lift Station Mechanical Piping / Valving Blast / Repaint – Recoat Existing Lift Station DIP Piping Electrical, Conduit and Wire Modifications
(Install 2 New Soft-Starters in MCC-A + Lift Station
Electrical Work)
Update Master PLC Programming + SCADA
(for Lift Station Pump)
3 Blower Building & Biolac Improvements LS $
Supply and Install Blower Mechanical Piping / Valving
Electrical, Conduit and Wire Modification
(Blower Building)
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REQUIRED BASE BID - LUMP SUM BREAKDOWN
Item Description Unit Total Price
Relocate Existing Air Modulating Valve Actuators
Update Blower PLC Programming & SCADA
(for Blower & Air Valves)
Supply & Install Control Upgrades for New Blower & Air
Valves
(Blower PLC Panel)
Supply & Install (4) DO Sensors and (2) Multi-Parameter Probes
(in Existing Biolac Basins)
Update Parkson PLC DO Programming & SCADA
(for Additional Nitrate Control)
Update Parkson PLC Wave-Ox Programming & SCADA
(for Additional Chain Sequences)
4 Secondary Clarifier & RAS / WAS Pump Station
Improvements LS $
Supply and Install New MLSS Sensors
Supply and Install Sludge Blanket Level Detectors
Supply and Install New Multi-Parameter Sensor Controller Electrical Conduit and Wire Modifications
(for Clarifier WAS/RAS area)
Supply and Install (2) 12" Electric Actuators
(on Existing Clarifier Underflow Valves)
Supply and Construct New Pre-Engineered Polymer
Building
Supply and Install New Polymer Injection Skids
Supply and Install PLC Hardware Upgrades
(CLR-RIO Panel)
Update CLR-RIO Programming
(for new Instrumentation and Controls added to CLR-RIO) 5 Plant Water System Supply Improvements LS $
Service Existing Reuse Turbine Pumps
Clean and Rehab Chlorine Contact Tank
Install New 16" Pipe & Chlorine Contact Tank Modifications Inspection of Hydro-Pneumatic Tank
Repair/Replace Sensors and Instrumentation
(Hydro-Pneumatic Tank)
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REQUIRED BASE BID - LUMP SUM BREAKDOWN
Item Description Unit Total Price
Provide PLC Controls / Programming Modifications
6 Miscellaneous Items LS $
Misc. Mechanical Pipe, Materials, and Supports
Material Handling and Storage of Onsite Equipment
Misc. Electrical Materials
Misc. Concrete Work
7 Building and Safety Permitting Coordination LS $
8 Commissioning & Testing of New Improvements LS $
9 Contractor General Conditions
Payment & Performance Bond
Insurance
LS $

TOTAL LUMP SUM BASE BID AMOUNT
(CLEARLY WRITTEN OR TYPED) $
TOTAL BASE BID SCHEDULE ITEMS 1-10: $___________________________________ TOTAL BASE BID SCHEDULE PRICE IN WORDS:
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Page A-11
Note: Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.

LOW BID DETERMINATION:

1. The low bid will be determined pursuant to Public Contract Code Section 20103.8(c) as the lowest Total Base Bid Schedule Price in Words as shown on page A-8.

A responsible bidder who submits the lowest bid as determined by the above method shall be awarded the contract, if it is awarded, by the City Council of the City of Adelanto.

Contractor: ____________________________________________________________________________________ Address: ______________________________________________________________________________________ Phone: _____________________________________Fax: ______________________________________________ Email Address: _________________________________________________________________________________ By: __________________________________________________________________________________________ Signature Date:
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SECTION A – LIST OF SUBCONTRACTORS
The bidder is required to furnish the following information in accordance with the provisions of Section 4100 to 4113, inclusive, of the Public Contract Code of the State of California.

Name of Subcontractor:

State & License Number:

Address of Subcontractor:

Email address: ___________________________________
Percent (%) of Total Contract: %
Specific Description of Subcontract:

DIR Registration No.______________________________________ Name of Subcontractor:

State & License Number:

Address of Subcontractor:

Email address: ___________________________________
Percent (%) of Total Contract: %
Specific Description of Subcontract:

DIR Registration No.______________________________________ Name of Subcontractor:

State & License Number:

Address of Subcontractor:

Email address: ___________________________________
Percent (%) of Total Contract: %
Specific Description of Subcontract:

DIR Registration No.______________________________________ 348

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SECTION A – NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA }
COUNTY OF }
}
, being first duly sworn, deposes, and say he, they
__________
(sole owner, partner, president, secretary, etc.)
of , the party
making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder; nor to fix any overhead profit, or cost element of such bid price, nor that of any other bidder; nor to secure any proposed contract; that all statements contained in such bid are true. And further, that said bidder has not directly or indirectly submitted his bid price or any breakdown thereof, nor paid and will not pay fees in connection therewith to any corporation partnership, company, association, organization, bid depository, not to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said bidder in his general business.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ____________________________________ _________________________________________ Signature Company Name
___________________________________ _________________________________________ Printed Name Title
State of California
County of _________________________________________
Subscribed and sworn to (or affirmed) before me on this _________ day of _____________, 20____, by ______________________________________ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Seal) Signature_______________________________
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SECTION A – ADDENDA ACKNOWLEDGMENT
The undersigned acknowledges receipt of the following ADDENDA and the cost, if any, or such revision has been included in the TOTAL BID of the Bidding Schedule(s). If NONE, WRITE "NONE" ON THE FIRST LINE (PLEASE

SUBMIT THE SIGNED ADDENDUM FORM ALONG WITH THIS SHEET)
ADDENDA NO. DATED
ADDENDA NO. DATED
ADDENDA NO. DATED
ADDENDA NO. DATED

NAME OF BIDDER

ADDRESS
TELEPHONE NO.

STATE LICENSE NO. AND CLASSIFICATION:

LICENSE EXPIRATION DATE:

By: ______________________________________________________________ Signature
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SECTION A – PROPOSER IDENTIFICATION

1. Legal name of Proposer: __________________________________________________

2. Street Address: __________________________________________________________

3. Mailing Address: _________________________________________________________

4. Business Telephone: _____________________________________________________

5. Facsimile Telephone: _____________________________________________________

6. Email Address: __________________________________________________________

7. Type of Business:
 Sole Proprietor  Partnership  Corporation
Other: ____________________________________________________________ If corporation, indicate State where incorporated: _______________________________

8. Business License number issued by the City where the Proposer’s principal place of business is located.

Number: Issuing City: ________________________________________________

9. Federal Tax Identification Number: _______________________________________________________

10. Proposer's Project Manager: ____________________________________________________________ 351

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SECTION A – CUSTOMER REFERENCES
Bidder: ____________________________________________________________ LIST FOUR (4) YOU HAVE DONE BUSINESS WITH WITHIN THE LAST THREE YEARS – PREFERABLY PUBLIC AGENCIES

1. Name of Agency
Address
Contact Person Name:

Contact Person Phone:

Email Address:

2. Name of Agency
Address
Contact Person Name:

Contact Person Phone:

Email Address:

3. Name of Agency
Address
Contact Person Name:

Contact Person Phone:

Email Address:
4 Name of Agency
Address
Contact Person Name:

Contact Person Phone:

Email Address:
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SECTION A – CONTRACTOR’S QUALIFICATION STATEMENT
Required in advance of consideration of application to bid or as a qualification statement in advance of award of contract.

Approved and recommended by the American Institute of Authorized City Representatives and The Associated General Contractors of America.
------------------------------------------------------------------------------------------------------------------------- The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter.

SUBMITTED TO:

Corporation ___
Partnership ___
Individual ___
Joint Venture ___
SUBMITTED BY: Other ___
NAME:

ADDRESS:

PRINCIPAL OFFICE:
(Note: Attach separate sheets as required)

1.0 How many years has your organization been in business as a general contractor?

2.0 How many years has your organization been in business under its present business name?

3.0 If a corporation answer the following:

3.1 Date of incorporation:

3.2 State of incorporation:

3.3 President's name:

3.4 Vice-president's name(s):

3.5 Secretary's or Clerk's name:

3.6 Treasurer's name:

4.0 If individual or partnership, answer the following:

4.1 Date of organization:

4.2 Name and address of all partners. (State whether general or limited partnership.):

5.0 If other than corporation or partnership, describe organization and name principals:

6.0 We normally perform ______% of the work with our own forces. List trades below:

7.0 Have you ever failed to complete any work awarded to you? If so, note when, where, and why:

9.0 List the name of project, City, Authorized City Representative, contract amount, date of completion, percent of work with own forces of the major projects your organization has completed in the past five years:
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10.0 Name of bonding company and name and address of agent:

11.0 Dated at__________________________________________________________

this ______________ day of ______________________________, 20 ________ Name of organization:_______________________________________________ By: ___________________________________
Title:__________________________________

12.0 M________________________________________, being duly sworn deposes and says that he (she) is the ___________________________________________, of Contractor(s) and that answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn before me this ______________________________ day of _______________________, 20_____.

Notary Public:

My commission expires:
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SECTION A – EXEMPTION FORM
Should Proposer take exception to ANY of the terms and conditions or other contents provided in the "Request for Proposal," list the exceptions below. THIS COMPLETED FORM MUST BE RETURNED WITH YOUR PROPOSAL. If no exception(s) are taken, enter "NONE" for the first item. (Make additional copies of this form as necessary) Page Number: ______ Section Title: ______________________________________________ Paragraph Number: Exception Taken: _________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Page Number: Section Title: _______________________________________________ Paragraph Number: Exception Taken: _________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Page Number: Section Title: _______________________________________________ Paragraph Number: Exception Taken: _________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 355

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SECTION A - WORKERS' COMPENSATION CERTIFICATE
The Proposer shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and on behalf of my firm, I will comply with such provisions before commencing the performance of the services of any contract entered into. ___________________________________ _______________________________________________ Signature Company Name
_____________________________________ ________________________________________ Printed Name Business License Number
_____________________________________ ________________________________________ Title Date
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SECTION A SENATE BILL 854
SENATE BILL 854 REQUIREMENTS
Senate Bill 854 established a new public works contractor registration program which collects fees to fund compliance monitoring and enforcement. All contractors and subcontractors intending to bid or perform work on public works projects will be required to register, and annually renew, online for the program. The cost to register is currently $300.00 and is a non-refundable DIR fee paid to the State.

No contractor or subcontractor may be listed on or awarded a contract for any public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5, with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a).

This project is subject to compliance monitoring and enforcement by the DIR. (www.dir.ca.gov) Are you currently registered with the DIR?
Yes____ No____ If yes, what is your registration number? ________________ (please submit proof of your registration)
Bidder:_____________________________________ Federal I.D. No:__________________________ Address:__________________________________________________________________________ Phone:____________________Fax:____________________Email:___________________________ Signature:__________________________________________________Date:__________________ Name Printed:_______________________________________Title:__________________________ 357

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SECTION A – DEBARRED CERTIFICATION ACKNOWLEDGEMENT
(a)(1) The Offeror/Bidder certifies, to the best of its knowledge and belief, that— (i) The Offeror/Bidder and/or any of its Principals—
(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have not, within a three-year period preceding this solicitation, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of bids; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (ii) The Offeror/Bidder has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror/Bidder shall provide immediate written notice to the City if, at any time prior to contract award, the Offeror/Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s/Bidder’s responsibility. Failure of the Offeror/Bidder to furnish a certification or provide such additional information as requested by the City may render the Offeror/Bidder nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror/Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror/Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City may terminate the contract resulting from this solicitation for default.
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CITY OF ADELANTO
Adelanto WWTP Process Improvement Plan
BID PROPOSAL – ADELANTO WWTP PROCESS IMPROVEMENT PLAN
Page A-23
The Offeror/Bidder certifies that the foregoing is true and correct:

Offeror/Bidder:_______________________________Federal I.D. No:________________ Address:________________________________________________________________ Phone:____________________Fax:____________________Email:_________________ Signature:_________________________________________Date:__________________ Name Printed:_____________________________________Title:___________________ 359

SECTION B

SAMPLE CONTRACT

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CONSTRUCTION AGREEMENT BETWEEN

THE CITY OF ADELANTO
AND
____________ CONTRACTING COMPANY
FOR
Adelanto WWTP Process Improvement Plan
PROJECT CIP 2024-09
THIS CONSTRUCTION AGREEMENT (the “Agreement”) is made and entered into by and between the City of Adelanto, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and____________, a California Corporation, hereinafter referred to as the “Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties.”
RECITALS:

WHEREAS, the City requires Adelanto WWTP Process Improvement Plan, Project CIP 2024-09 (the Project); and
WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection Adelanto WWTP Process Improvement Plan; and

NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES

CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.

Section 2. TERM OF AGREEMENT
This Agreement shall commence within Fifteen (15) calendar days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project, One-Hundred-Eighty (180) Calendar Days after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.

Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination. b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies 361
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actually furnished prior to the effective date of termination.

Section 4. CONTRACT DOCUMENTS; PRIORITY
In the event of any conflict between or among the Contract Documents, or any dispute as to the meaning of any term or provision, the Contract Documents shall be given priority according to the order listed under the, Section A, General Provisions, Part 1, Section 2 Scope and Control of Work, Paragraph 2-5.2, “Precedence of the Contract Documents” of the Request for Bid. In the event of any conflict or dispute that cannot be resolved by reference to the Contract Documents, the following documents may be used to clarify or interpret any term therein:

 Non-Collusion Affidavit;
 Bidder’s Bond;
 List of Subcontractors;
 Faithful Performance Bond;
 Payment Bond; and
 Guaranty.

Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents. Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.

Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed ____________________________________(______________), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of the Engineer.

Section 7. BID PROPOSAL FORMS
The City shall pay Contractor as provided in the Bid Proposal Forms, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.

Section 8. PREVAILING WAGES
a. Compliance with State and Federal Wage Requirements. As a federally funded Project, the work called for in this Contract must be carried out in compliance with both Federal and State prevailing wage rates, together with all other applicable State and Federal labor laws and requirements specified in the Contract Documents. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Contract and the Bid Proposal and Price Schedules submitted by Contractor, then this Contract shall control and nothing herein shall be 362
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considered as an acceptance of the terms of said Bid Proposal conflicting with the requirements of this Section.
b. State Wages - In accordance with the provisions of California Labor Code Sections (1720,1770- 1776, 1810, 1813 and 1815, as amended and applicable),), the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the CITY and the State of California via the internet at www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages and federal wage decision rates are on file at the City of Adelanto Finance Division, and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates.
c. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services.
d. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties. e. Federal Wages – In accordance with the provisions of the Davis-Bacon Act, and related Federal labor requirements in the Contract Documents with which Contractor has agreed to comply, the Secretary of Labor has determined the general prevailing wage rates, applicable to federally funded construction projects. Contractor and all subcontractors shall pay not less than said specified Federal rates to all workers employed by them in the execution of the work under this Contract. Contractor shall be responsible for using the correct and current Federal prevailing wage rates. f. Payment of State Wages Required when Higher. Notwithstanding the provisions of Subsection c above, payment of State Prevailing Wage Rates when higher than Federal Wage Rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The City is considered a California awarding body.

Therefore, the higher of State Prevailing Wage and Federal Wage Rates shall apply to this Project and shall be paid by Contractor and all subcontractors. g. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable 363
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laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.
h. Contractor shall provide completed WEEKLY CERTIFIED PAYROLL and DAILY SIGN IN SHEETS with each invoice presented to the CITY, substantially in the form and containing the information set forth on the sample Weekly Certified Payroll and Daily Sign In Sheets provided in the Contract Documents. Payment of said invoices WILL be delayed absent these documents. i. Contractor shall provide completed EMPLOYEE INFORMATION SHEETS, substantially in the form and containing the information set forth on the sample Employee Information Sheets provided in the Contract Documents, for each employee listed on the Weekly Certified Payroll or Daily Sign-In Sheets prior to, or along with the first invoice. This document is required only once per employee. Payment of said invoices WILL be delayed absent these documents.
j. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor must forfeit to CITY TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

Section 9. WORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

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

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

Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.

Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.

Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY 364
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INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.

Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.

Section 13. COURSE OF CONSTRUCTION/INLAND MARINE INSURANCE Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as a Course of Construction, Builders’ Risk, or an Inland Marine policy that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Adelanto.

Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.

Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason 365
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whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non-payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration. d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract, Contractor’s service coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Contractor’s insurance and shall not contribute to it.

Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from; c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and 366
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attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

Section 19. REPORTS
Upon request by the Engineer, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.

b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. The Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement. b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those 367
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covenants and agreements in this Agreement and the Contract Documents. c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: Richard Burgess, Engineering Services Manager City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
To Contractor:

b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.

Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money 368
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by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.

Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either in relation thereto, the Parties prevailing in such litigation or other proceeding shall be 369
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entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

Section 37. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

CITY OF ADELANTO ________________________ COMPANY

ATTEST
By:________________________________
Brenda Lopez,
City Clerk
Dated:_____________________________

APPROVED AS TO STANDARD FORM
By:________________________________
Todd Liftin,
City Attorney
Dated:_____________________________
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CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: March 12, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Richard Burgess, Engineering Services Manager
SUBJECT: Dennis Street and Kay Street Pavement Rehabilitation Project CIP 2024-03 STAFF RECOMMENDATION:

Staff recommends City Council to approve the award of the construction contract agreement with Hardy & Harper, Inc. in the amount of $349,00 as the lowest bid pursuant to Public Contract Code Section 20103.8 (c). This project generally consists of removing 4” of Pavement and constructing 2” Asphalt Rubberized Hot Mix Overlay Over 2” Asphalt Concrete Base Pavement.

BACKGROUND:

Dennis Street and Kay Street was identified to meet CDBG grant requirements for paving due to the severity of deteriorating existing asphalt in a disadvantage community. With the design completed and RFP published on February 18, 2025, and closed on March 4,2025, the City of Adelanto has received three bids with Hardy & Harper, Inc. being the lowest.

Hardy & Harper, Inc. $349,000.00
S. Christensen Engineering Inc. $364,187.95
Vance Corporation $368,289.00
FISCAL IMPACT:

The funds will be paid for by CDBG, with no impact on the General Fund. The Dennis Street and Kay Street Pavement Rehabilitation Project price comes out to be $349,000.00.

ATTACHMENTS:

A. 3 Bid Proposals
B. Contract
C. Bid Package
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24/25 CDBG DENNIS STREET AND KAY

STREET PAVEMENT REHABILITATION
CIP 2025-03

PROJECT SPECIFICATIONS
February 2025
11600 Air Expressway
Adelanto, CA 92301
760-246-2300
Prepared By:

TKE Engineering, Inc.

Terry Renner, P.E., P.L.S., Q.S.D.,
Approved for Use:

Date: 02/18/2025
Kavous Emami, PE, Adelanto City Engineer
514
City of Adelanto
Identification Tags, Section 17110
Page-2
February 2025
515
Table of Contents
24/25 CDBG DENNIS STREET AND KAY STREET

PAVEMENT REHABILITATION
PROJECT NO. CIP 2025-03

NOTICE INVITING BIDS

INSTRUCTION TO BIDDERS
SECTION A – Bid Proposal
SECTION B – Sample Contract
SECTION C – General Requirements
SECTION D – General and Special Provisions
SECTION E – General Technical Specifications
ATTACHMENT D – Construction Contract Labor Compliance Provisions 516
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CITY OF ADELANTO

CALIFORNIA

NOTICE INVITING BIDS
I. PROJECT – 24/25 CDBG DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT, PROJECT NO. CIP 2025-03
II. DBE – The DBE contract goal for this contract is 12%.

III. SEALED BIDS – Notice is hereby given that sealed bids will be received by the Engineering Department of the City of Adelanto at 11600 Air Expressway, Adelanto, CA 92301, until 3:00 PM. on March 4, 2025 for the work to be done as described in the Special Provisions entitled 24/25 CDBG Dennis Street and Kay Street Pavement Rehabilitation Project, project number CIP 2025-03. All bids shall be on the Bid Proposal form provided by the City of Adelanto. Faxed bids are not accepted. The City of Adelanto encourages local contractors/sub-contractors to submit bids for this project and on all future City projects.

IV. BOND REQUIREMENTS – Bids must be accompanied by a Bidder's Bond in the form of a certified or cashier's check or a corporate surety bond in an amount not less than ten percent (10%) of the bid amount.
• Prior to execution of the Contract, the successful bidder shall provide one-hundred percent (100%) Faithful Performance and one-hundred percent (100%) Payment bonds based on the bid amount accepted by the City.

IV. PREVAILING RATE OF WAGES– The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, which are available online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him shall comply with all applicable Labor Code provisions which include, but are not limited to, the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

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

Bidders are advised that a portion of this project is funded with Federal Funds. The requirements of the 517
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Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the minimum wage for the work classification as specified in both the Federal and State wage decisions when the prime contract amount exceeds $2,000. The higher of the two applicable wage classifications, either State prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all work under this contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. Bidders are required to complete and submit federal forms with their proposal.

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

IX. CONTRACTOR'S LICENSE – All contractors shall be licensed with Class A or combination of Class C-8 and C-12 in accordance with the laws of this state, and any contractor not so licensed shall be subject to the penalties imposed by such laws. Contractor shall possess the appropriate license prior to award of Contract. The contractor and subcontractors, prior to start of work, shall obtain a City of Adelanto Business License.

X. DESCRIPTION OF WORK – This project generally consists of removing 4” of Pavement and constructing 2” Asphalt Rubberized Hot Mix Overlay Over 2” Asphalt Concrete Base Pavement.

XI LOCATION OF WORK – This project is located on Kay Street from Muskrat Avenue to Janine Street and Dennis Street from Kay Street to Jay Street.

XII. BEGINNING OF WORK, TIME OF COMPETION AND LIQUIDATED DAMAGES – The work under this contract shall be diligently prosecuted to completion. Required submittals shall be presented for approval within 10 working days from notice of award. Subsequent re-submittals shall be presented within 5 working days. All materials shall be placed and work completed before expiration of the 20 WORKING DAYS from notice to proceed. The Contractor shall pay the City of Adelanto the sum of $1,000.00 per day for each and every calendar day delay in finishing the work in excess of the contract time period of 60 CALENDAR DAYS as Liquidated Damages.
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XIII. ENGINEERS ESTIMATE – Engineer’s estimate for this project is $380,000.00.

Dated: February 18, 2025
_________________________________
Brenda Lopez
Deputy City Clerk
City of Adelanto
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CITY OF ADELANTO

DENNIS STREET AND KAY STREET PAVEMENT

REHABILITATION PROJECT

INSTRUCTION TO BIDDERS
I. BIDS – Sealed bids will be received by the Administrative Services Dept, Finance Division, Purchasing Section of the City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301, for furnishing all labor, services, materials, tools, equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore, until 3:00 PM on March 4, 2025 at which time and place the bids will be publicly opened and read aloud by the City Clerk. Bids shall be submitted in a sealed envelope clearly marked “Dennis Street and Kay Street Pavement Rehabilitation Project, Attention City Clerk". Emailed or faxed bids will not be accepted.

II. PROJECT QUESTIONS – Any prospective bidder desiring an explanation or interpretation of the solicitations, specifications, etc., must request it in writing to the Purchasing Division by no later than 8:00 a.m. on February 25, 2025 in order to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all prospective bidders as an amendment to the solicitation, if that information is necessary to submitting bids or if the lack of it would be prejudicial to other prospective bidders.

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

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

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

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

VII. BID PROPOSAL AND CONTRACT DOCUMENT – The Bid Proposal Documents and Contract Documents shall consist of the Notice Inviting Bids, Instructions to Bidders, General Requirements, 520
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Technical Requirements, Proposal Instructions, Proposal, Questionnaire, Bidder's Bond with cash, certified check, cashier's check or bond, Bid Proposal, List of Subcontractors, Non-Collusion Affidavit, Addenda Acknowledgment, Exception Form, Contract, Payment Bond, Faithful Performance Bond, and Guaranty, together with all additions, deletions, modifications, appendices, and all addenda, as prepared prior to the date of this bid opening, setting forth any modifications or interpretations of said documents, are hereby incorporated in and made a part of these Special Provisions, Proposal, and Contract.

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

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

X. CONTRACT DOCUMENTS – The Plans and Specifications are available through Ebidboard.

Potential bidders must register and place their name on the plan holders list to receive updates, addenda and download the project files in portable digital format (pdf).

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

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

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

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

The making of any payment to the Contractor under this Contract shall not relieve the Contractor of its obligation hereunder. The Contractor is obligated to complete the Contract in its entirety and to deliver to the City such completed work, finished product or structure as is specified in the Contract, at the time or times specified, and until this Contract is fully performed by the Contractor and the work, 521
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product, or structure produced thereby is accepted by the City, the Contractor shall be obligated to repair, replace, restore, or rebuild any fully or partially completed work or structure, or any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen, or otherwise injured in any way; provided, however, that with respect to any major unit of the type mentioned in this section, this particular obligation of the Contractor will terminate upon the completion of the Contract and acceptance by the City of such major unit, and provided further that all work, any structure, materials, and equipment covered by any partial payment is made.

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

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

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

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

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

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

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

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

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

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

IV. PREVAILING WAGES: The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, which are available online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him shall comply with all applicable Labor Code provisions which include, but are not limited to, the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

Bidders are advised that a portion of this project is funded with Federal Funds. The requirements of the Davis-Bacon Act will apply to this project and those requirements will be enforced. The prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract, a wage not less than the minimum wage for the work classification as specified in both the Federal and State wage decisions when the prime contract amount exceeds $2,000. The higher of the two applicable wage classifications, either State prevailing wage or Davis-Bacon Federal 523
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prevailing wage, will be enforced for all work under this contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and Related Acts Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. Bidders are required to complete and submit federal forms with their proposal.

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

XVIII. FEDERALLY FUNDED OR ASSISTED PROJECTS – State Prevailing wage rates when higher are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The state prevailing wage laws cannot be applied to a project, however, which is under the complete control of the federal government (8 CCR 16001(b)).

XIX. FEDERALLY FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT – The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. FFATA legislation requires information on federal awards be made available to public via a single, searchable website, which is www.usaspending.gov.

Contractors who are sub-awardees of federal funds in an amount greater than $25,000.00 are required to enter their award information on www.usaspending.gov website. This website ensures that the public can access information on all entities and organizations receiving Federal Funds. 524
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XX. CONTRACTOR'S LICENSE – All contractors shall be licensed in accordance with the laws of State of California, must hold a valid Class “A” license and any contractor not so licensed shall be subject to the penalties imposed by such laws. Contractor shall possess the appropriate license prior to award of Contract.

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

XXII. BEGINNING OF WORK AND TIME OF COMPLETION – The Work under this contract shall be diligently prosecuted to completion before expiration of the Twenty (20) WORKING DAYS beginning within fifteen calendar days after the “Notice to proceed” date.

XXIII. LIQUIDATED DAMAGES – The Contractor shall pay the City of Adelanto the sum of $1,000.00 per day for each and every calendar day delay in finishing the work in excess of Twenty (20) WORKING DAYS as specified above as Liquidated Damages.

XXIV. ENGINEERS ESTIMATE – Engineer’s Estimate is approximately $380,000.00 XXV. TERMINATION FOR CONVENIENCE – The City of Adelanto may, by written notice, terminate this contract in whole or in part, when deemed in the City's interest. Upon termination of this contract, the City of Adelanto shall only be liable for payment under the payment provisions of this contract for services rendered or supplies furnished prior to the effective date of termination.

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

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

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

XXIX. INDEMNIFICATION – Notwithstanding the limits of any insurance, Contractor shall indemnify the 525
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City, it’s officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless therefrom;
(c) In the event the City, its officials, officers, agents, volunteers or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. (d) Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

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

The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Contractor’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
"CONSULTANT shall defend and indemnify PUBLIC AGENCY for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional". 526
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Additional Insured – All policies, except for the Workers’ Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

Waiver of Subrogation Rights – The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.

Policies Primary and Non-Contributory – All policies required herein are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by the County.

Severability of Interests – The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross-liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

Proof of Coverage – The Contractor shall furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage at the time the contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

Acceptability of Insurance Carrier – Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

Failure to Procure Coverage – In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

Insurance Review – Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past 527
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claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

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

XXXI. UNFAIR BUSINESS PRACTICE CLAIMS – In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the Contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

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

XXXIII. WAIVER – No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

XXXV. APPRENTICES ON PUBLIC WORKS – The Contractor shall comply with all applicable provisions of Section 1775.5 and 1777.6 of the California Labor Code relating to employment of apprentices on public works projects. Prior to commencing work on a contract for public works, contractor shall submit contract award information to an applicable apprenticeship program that can supply 528
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apprentices to the site of the public works. Contractor and subcontractor shall provide and keep accurate payroll records and shall be available for inspection by the Labor Standards Enforcement (full texts of these codes are available at www.leginfo.ca.gov/calaw.html).

XXXVI. AWARD OF CONTRACT – The City of Adelanto reserves the right to reject any and all bids and waive any irregularities or informalities in any bid or in the bidding. The City of Adelanto further reserves the right to award the Contract to other than the lowest bidder if such action is deemed to be in the best interest of the City. The award of the contract, if awarded, will be made within ninety (90) calendar days after opening of the Bid Proposals. The contractor's signature on the Proposal form shall constitute a commitment on the part of the bidder to furnish the equipment as set forth in the Bid Proposal form, Notice Inviting Bids, Instructions to Bidders and the Special Provisions.

XXXVII. PERMITS AND LICENSES – The Contractor shall obtain all necessary licenses and permits, including but not limited to a City of Adelanto business license, and encroachment permits from the City for all work in the public right-of-way to accomplish the work. Contractor is responsible for obtaining all permits required for City-related projects and contracts. The Contractor shall obtain all required permits prior to commencing work and shall submit the work in progress to periodic inspection by the City of Adelanto and shall honor all correction notices issued by same. All contacts, regarding inspections, shall be made to the Engineering Department within the City, or their designated representative.
529

SECTION A

BID PROPOSAL
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BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-2

CITY OF ADELANTO

DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT

SECTION A - SUBMISSION CERTIFICATION
I hereby submit to the City of Adelanto the following bid proposal for work outlined in plans and specifications entitled “DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT” All of the following documents (check below) are completed, fully executed, and included in my bid as required in the bid documents:

Submission Certification (Page A-2)
Proposal Instruction (Page A-3)
The Proposal (Page A-4, 5)
Public Contract Code Section 10162 Questionnaire (Page A-6) Bidder’s Bond (10% of the Bid Amount) Cash or Cashier’s Check (Page A-7) Bid Proposal (Page A-8, 9)
List of Subcontractors (Page A-10, 11)
Non-Collision Affidavit (Page A-12)
Addenda Acknowledgement (Page A-13)
Proposer Identification (Page A-14)
Customer References (Page A-15)
_____________________Contractor’s Qualification (Page A-16, 17) _____________________Exception Form (Page A-18)
_____________________Workers Compensation (Page A-19)
_____________________SB 854 Certification (A-20)
_____________________Debarred Certification Acknowledgement (A-21, 22) My signature on this submittal Certification is affirmation that all items listed above are fully completed and executed and are hereby submitted with proposal as required. I understand that failure to complete and/or submit any of the required documents may be cause for rejection of my bid proposal.

Authorized Signature Printed Name and Title

Date Signed Telephone Number
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BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-3

CITY OF ADELANTO

DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT SECTION A – PROPOSAL INSTRUCTION
Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items.

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

CITY OF ADELANTO

DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT

SECTION A - THE PROPOSAL

CITY OF ADELANTO
11600 Air Expressway
Adelanto, CA 92301
SUBJECT: DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT Gentlemen:

The undersigned hereby proposes to perform all work for which a contract may be awarded to him and to furnish any and all plant, labor services, materials, tools equipment, supplies, transportation, utilities, and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein for the Construction of Improvements as specifically set for in documents entitled: DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT, together with appurtenances thereto; all as set forth on the Plans and in these Special Provisions and other contract Documents; and he further proposes and agrees that, upon proposal acceptance and award, he will contract in the form and manner stipulated to perform all the work called for by the Plans, Special Provisions, and other Contract Documents, and to complete all such work in strict conformity therewith within the time limits set forth therein, and he will accept as full payment therefor the prices set forth in the Bid Proposal forming a part hereof.
( ) Cashier's Check ( )Certified Check ( ) Bid Bond properly made payable to the CITY OF ADELANTO, hereinafter designated as the Owner, for the sum of
Dollars, ($ _ ), which amount is not less than
ten percent (10%) of the total amount of this bid, is attached hereto and is given as a guarantee the undersigned will execute the Agreement and furnish the required bonds if awarded the Contract and, in case of failure to do so within the time provided, said funds shall be forfeited to the Owner, of Surety's liability to the Owner for forfeiture of the amount of the Bond shall be considered as established.

IT IS UNDERSTOOD AND AGREED THAT:

4. The undersigned will execute the Contract and furnish the required Performance and Payment Bonds and proof of insurance coverage within ten (10) days (not including Sundays and legal holidays) after notice to him of acceptance of his bid by the CITY OF ADELANTO; and further, that this bid may not be withdrawn for a period of forty-five (45) days after date set for opening thereof, unless otherwise required by law. If any bidder withdraws his bid within said 533
BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-5
period, the bidder shall be liable under the provisions of Bidders Bond, or the Contract and his Surety shall be liable under the Bidder's Bond, as the case may be; and

DATED this day of _____ , 20____.

BIDDER: ________________________________________________________________________ BY: _______________________________________________________________________________ TITLE: _______________________________________________________________________________ BIDDER’S ADDRESS: _________________________________________________________________ _________________________________________________________________ BIDDER’S TELEPHONE NUMBER: ____________________________________________________ BIDDER’S EMAIL ADDRESS: ____________________________________________________ CONTRACTORS’ LICENSE NUMBER AND EXPIRATION DATE: ________________________________ CONTRACTORS’ LICENSE CLASSIFICATION(S): ____________________________________________ 534
BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-6

CITY OF ADELANTO

DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT

SECTION A - QUESTIONNAIRE
In accordance with Government code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire:

NOTE: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of this questionnaire.
535
BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-7

CITY OF ADELANTO

DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT SECTION A – BIDDER’S BOND

TO ACCOMPANY BID PROPOSAL FORM

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

THE CONDITION OF THIS OBLIGATION IS SUCH.

THAT, WHEREAS the Principal has submitted a bid to CITY OF ADELANTO for the certain construction for which bids are to be opened at Office of the City Clerk of the CITY OF ADELANTO on March 4, 2025 at 3:00 p.m., as shown on Plans entitled DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT NOW THEREFORE, if the aforesaid Principal is awarded the Contract, and within the time and manner required under the said Special Provisions, enters into a written Contract, in the prescribed form, in accordance with the bid and files the two (2) required Bonds with the CITY OF ADELANTO, one (1) to guarantee faithful performance and one (1) to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

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

Principal is licensed in the State of California in accordance with an act providing for the registration of contractors.

License No. .
(Seal)
By: (Seal)
(Seal)

PRINCIPAL
(Seal)
By: (Seal)
SURETY

ADDRESS

CITY OF ADELANTO
536
BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-8

DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT SECTION A – BID PROPOSAL FORM
TO THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA:

BID SCHEDULE
ITEM DESCRIPTION APP.

QTY UNIT UNIT PRICE
TOTAL

ITEM PRICE
1 Mobilization and Demobilization 1 LS
2 Temporary Traffic Control and Safety 1 LS
3 SWPPP, Best Management Practice and NPDES
Requirements 1 LS
4 Remove Existing Asphalt Concrete Pavement and
Subgrade (4” Total Section Removal) 71,865 SF
5 Construct 2” Asphalt Rubberized Hot Mix (ARHM)
Overlay
955 TON
6 Construct 2” Asphalt Concrete Base Pavement Over
95% Compacted Native Soil
955 TON
7 Install Striping 1 LS
TOTAL BID SCHEDULE (ITEMS 1-7): $_______________________________ TOTAL BID SCHEDULE (ITEMS 1-7) PRICE IN
WORDS:_________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Note: Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation.

Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.
537
BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-9
LOW BID DETERMINATION: The low bid will be determined pursuant to Public Contract Code Section 20103.8(c) as the lowest “Total Base Bid (Items 1-12) Price in Words”. A responsible bidder who submits the lowest bid as determined by the above method shall be awarded the contract, if it is awarded, by the City Council of the City of Adelanto.

Contractor:___________________________________________________________________________ Address:______________________________________________________________________________ Phone:___________________________________Fax:_________________________________________ Email Address:_________________________________________________________________________ By:__________________________________________________________________________________ Signature Date:
538
BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-10

CITY OF ADELANTO

DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT SECTION A – LIST OF SUBCONTRACTORS
The bidder is required to furnish the following information in accordance with the provisions of Section 4100 to 4113, inclusive, of the Public Contract Code of the State of California.

Name of Subcontractor:

State & License Number:

Address of Subcontractor:

Email address: ___________________________________
Percent (%) of Total Contract: %
Specific Description of Subcontract:

DIR Registration No.______________________________________ Name of Subcontractor:

State & License Number:

Address of Subcontractor:

Email address: ___________________________________
Percent (%) of Total Contract: %
Specific Description of Subcontract:

DIR Registration No.______________________________________ Name of Subcontractor:

State & License Number:

Address of Subcontractor:

Email address: ___________________________________
Percent (%) of Total Contract: %
Specific Description of Subcontract:

DIR Registration No.______________________________________ Name of Subcontractor:
539
BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-11
State & License Number:

Address of Subcontractor:

Email address: ___________________________________
Percent (%) of Total Contract: %
Specific Description of Subcontract:

DIR Registration No.______________________________________ Name of Subcontractor:

State & License Number:

Address of Subcontractor:

Email address: ___________________________________
Percent (%) of Total Contract: %
Specific Description of Subcontract:

DIR Registration No.______________________________________ Name of Subcontractor:

State & License Number:

Address of Subcontractor:

Email address: ___________________________________
Percent (%) of Total Contract: %
Specific Description of Subcontract:

DIR Registration No.______________________________________ 540
BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-12

CITY OF ADELANTO

DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT SECTION A – NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA }
COUNTY OF }
}
, being first duly sworn, deposes, and say he, they

(sole owner, partner, president, secretary, etc.)
of , the party
making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder; nor to fix any overhead profit, or cost element of such bid price, nor that of any other bidder; nor to secure any proposed contract; that all statements contained in such bid are true. And further, that said bidder has not directly or indirectly submitted his bid price or any breakdown thereof, nor paid and will not pay fees in connection therewith to any corporation partnership, company, association, organization, bid depository, not to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said bidder in his general business.

CITY OF ADELANTO

DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT SECTION A – ADDENDA ACKNOWLEDGMENT
The undersigned acknowledges receipt of the following ADDENDA and the cost, if any, or such revision has been included in the TOTAL BID of the Bidding Schedule(s). If NONE, WRITE "NONE" ON THE FIRST LINE (PLEASE

SUBMIT THE SIGNED ADDENDUM FORM ALONG WITH THIS SHEET)
ADDENDA NO. DATED
ADDENDA NO. DATED
ADDENDA NO. DATED
ADDENDA NO. DATED

NAME OF BIDDER

ADDRESS
TELEPHONE NO.

STATE LICENSE NO. AND CLASSIFICATION:

LICENSE EXPIRATION DATE:

By: ______________________________________________________________ Signature
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BID PROPOSAL – DENNIS STREET AND KAY STREET ROAD REHABILITATION PROJECT Page A-14

CITY OF ADELANTO

DENNIS STREET AND KAY STREET PAVEMENT REHABILITATION PROJECT SECTION A – PROPOSER IDENTIFICATION