TOWN OF ATHERTON

BID FORMS and SPECIAL PROVISIONS for

2026 SPRING PATCHING AND

STREET OVERLAY PROJECT

Project Number: 56170

SUBMIT BIDS TO:

Office of the City Clerk Atherton Town Hall 80 Fair Oaks Lane Atherton, CA 94027 by Thursday, June 25th

BIDS WILL BE OPENED AND READ PUBLICLY

at Town Hall at 1:30 p.m.

TIME FOR COMPLETION – 45 WORKING DAYS

Prepared under the direction of Robert Ovadia, P.E.

Town of Atherton City Engineer R.C.E. 52664

Expires December 31, 2026

The plans and specifications for this project are available online at:

http://www.ci.atherton.ca.us/bids.aspx

Additional important information is contained in the Town of Atherton’s Standard Specifications, which are available online at http://www.ci.atherton.ca.us/DocumentCenter/View/285

ADVERTISEMENT FOR BIDS

STATE OF CALIFORNIA

Notice: The Town of Atherton (Town) hereby gives notice that it will accept bids for construction of the following public work:

2026 SPRING PATCHING AND STREET OVERLAY PROJECT

Project Number: 56170

1. Scope of Work: The project scope consists of pavement repairs, rehabilitation, and overlays, including:

1.1 Grinding and replacing approximately 32,000 square feet of asphalt to a six-inch depth on various streets. This work includes all necessary traffic control, grinding, sweeping, tack coating, replacing asphalt to appropriate depth in an appropriate number of lifts, and finishing rolling per Town of Atherton Standard specifications and special provisions. Some hand work around utility manhole covers will be required.

1.2 Grinding and replacing of approximately 90,000 square feet of asphalt for 2 inches of asphalt concrete pavement on Various Streets. Once the roadway is grinded down, the contractor and the Town’s project engineer shall identify any pavement failures for repairs. Grind and replace (digouts) asphalt to a 6-inch depth from the milled surface: then contractor shall perform crack sealing (per specification). Some hand work around utility manhole covers will be necessary. Repave the entire street with a self-propelled paver & finish per Town Standard Specifications.

1.3 Replacement and installation of traffic striping, pavement markings, and markers.

1.4 Construct two raised crosswalks along Selby Lane along with 6” thermoplastic white fog lines along the length of Selby Lane as shown on the plans per the Town Standard Specifications.

2. Plans & Specifications: Plans & Specifications may be obtained at the Town of Atherton’s website at:

http://www.ci.atherton.ca.us/bids.aspx at no cost. Additional information is contained in Town of Atherton Standard Specifications, which are available at:

http://www.ci.atherton.ca.us/DocumentCenter/View/285. Contractor shall be responsible for any addendums that may be posted on the Town’s website. No Plan holders list will be made be available.

3. Project Schedule: The work shall be completed within FORTY FIVE (45) working days from the First

Day of Construction as defined in the Notice to Proceed.

4. Bid Submission: SEALED BIDS will be received at the office of the City Clerk, 80 Fair Oaks Lane, Atherton, California 94027, until 1:30 p.m. Pacific Standard Time Thursday, June 25, 2026, at which time bids will be publicly opened and read aloud. All proposals must be submitted not later than the date and time prescribed. The Bidder is wholly responsible to ensure its Bid is submitted on the date and at the time and place designated for the opening of bids. Any Bid received after the time and date specified shall not be considered. Any Bid may be withdrawn prior to the scheduled time for opening bids.

5. Engineer’s Estimate for the project is: $735,000.

6. Bid Requirements: Bids must be for the entire work and shall be submitted in sealed envelopes clearly marked: "Bid of (Contractor) for 2026 SPRING PATCHING AND STREET OVERLAY PROJECT, Project No: 56170, along with date and time of bid opening.

Bidders shall refer to the Bid Requirements section of the project Plans and Specifications for additional information and requirements.

7. Required Contractor’s License: Bidder must possess a current California Class “A” General Engineering or a “C-12” Earthwork and Paving contractor’s license issued by the State of California, at the time the Bid is submitted. The Contractor and all subcontractors shall be licensed by the State of California in the class appropriate for the work contemplated. Failure of Contractor or his/her subcontractors to possess such current license at the time of bidding may be deemed sufficient cause for rejection of the bid.

8. Portion of Work to be Performed by the Contractor: The General Contractor shall perform, with his own organization, work of a value amounting to not less than 50% of the total contract, excluding specialty items as may be indicated on the bid schedule.

9. Department of Industrial Relations Registration: A Contractor or Subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code 4104, or engage in the performance of any contract for public work, as that term is defined in Division 2, Part 7, Chapter 1 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. (http://www.dir.ca.gov/Public-Works/PublicWorks.html)

10. Reservation of Rights: The Town reserves the right to reject any or all bids; to make any awards or any rejections in what it alone considers to be in the best interest of the Town, and waive any informalities or irregularities in the bids. If there is a reason to believe that collusion exists among any bidders, none of the bids of the participants in such collusion will be considered and the Town may likewise elect to reject all bids received.

11. Substitution of Securities: The successful bidder may substitute securities for retention monies withheld pursuant to law and under the terms of this contract to ensure performance of the contract, in accordance with California Public Contract Code, Section 22300.

12. Prevailing Wage Rates: Bidders are hereby notified that provisions of California Labor Code regarding prevailing wages and apprentices are applicable to the work to be performed under this contract. Pursuant to Section 1773 et seq. the general prevailing wage rates have been determined by the Director of the California Department of Industrial Relations and appear in the California Prevailing Wage Rates. Copies are on file at the office of the City Engineer and are available to interested parties upon request. The successful bidder shall post a copy of the wage rates at the job site.

13. Bid Preparation Cost: Bidders are solely responsible for the cost of plan and specification printing and preparing their Bids.

14. Town Contact: Questions regarding the project should be directed to Robert Ovadia, PE, by written Requests for Information (RFI) to: Public Works Department, 80 Fair Oaks Lane, Atherton, CA 94027, no later than eight (8) business days before bid opening. RFIs may be emailed to jmirsaidi@interwestgrp.com

15. Understanding: By submitting a bid in response to this advertisement for bids, the bidder shall be conclusively deemed to have read, understood and agreed with all of the information and materials contained in the bid documents, including but not limited to the standard specifications, the special provisions, the required nature and amount of insurance and the documentation evidencing said insurance.

By:

Robert Ovadia, P.E., City Engineer

Date:

BID REQUIREMENTS

1. Examination of Plans, Specifications, Special Provisions and Site of Work: The bidder is required to examine carefully the site of work contemplated and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of the specifications, special provisions and the contract. It is mutually agreed that submission of a bid shall be considered prima facie evidence that the bidder has made such an examination.

2. Bid Form: All bids must be made on the official bid forms included with the project plans and specifications as obtained from the Town or bid exchange plan-rooms. All bids must be signed by the bidder with bidders’ business address.

If the bid is made by an individual, the individual’s name and post office address must be shown. If made by a firm or partnership, then the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, then the bid must show the name of the State under the laws of which the corporation is chartered and the name, titles and business addresses of the President, Secretary and Treasurer. A certification by the legal representative of the firm must be included in the bid.

3. Rejection of Bid Containing Alterations, Erasures or Irregularities: Bids may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.

4. The Bid may be withdrawn upon request by the bidder without prejudice prior to, but not after the time fixed for opening of bids provided that the request is in writing, has been executed by the bidder or the bidders duly authorized representative and is filed with the City Clerk.

5. Bid Protests: The lack of a prompt procedure to resolve disputes regarding the bidding process would impair the Town’s ability to carry out its purpose of constructing this project in a timely manner. Therefore, to the maximum extent authorized by law and notwithstanding any other procedures specified in documents referenced herein, all disputes and/or protests regarding the bidding process shall be subject to the following procedure. In submitting a Bid to the Town for this project, the Bidder agrees to comply with and to be bound by this procedure.

Any Bid protest must be submitted in writing to the Office of the City Clerk, Atherton Town Hall 80 Fair Oaks Lane, Atherton, CA 94027, before 5:00 p.m. on the fifth (5th) working day following Bid opening.

The initial protest document must contain a complete statement of the basis for the protest, and all supporting documentation.

The party filing the protest must have actually submitted a Bid for the Work. A Subcontractor of a party submitting a Bid for the Work may not submit a Bid protest. A party may not rely on the Bid protest submitted by another Bidder, but must timely pursue its own protest.

The protest must refer to the specific portion of the Contract Documents which forms the basis for the protest.

The protest must include the name, address and telephone number of the person representing the protesting party.

The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

The Town will give the protested Bidder five (5) working days after the receipt of the protest to submit a written response. The responding Bidder shall transmit the response to the protesting Bidder concurrent with delivery to the Town.

The procedure and time limits set forth in this paragraph are mandatory and are the Bidder’s sole and exclusive remedy in the event of Bid protest. The Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

If the Town determines that a protest is frivolous, the protesting Bidder may be determined to be non- responsible, and that Bidder may be determined to be ineligible for future contract awards.

6. List of Subcontractors: Each Bidder shall set forth in its Bid (on the form provided herewith) the following information in accordance with the provisions of Public Contract Code sections 4100-4113: The name, Contractor's license number, public works Contractor registration number and the location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specifically fabricates and installs a portion of the work or improvement according to the Contract Documents, in any amount in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid, or ten thousand dollars ($10,000.00), whichever is greater.

The portion of the work which will be done by each such Subcontractor. Only one Subcontractor shall be listed for each such portion of the work as defined in the Bid.

The Bidder is considered the Prime Contractor and shall perform at least fifty percent (50%) of the work, as determined by a percentage of the value of the work.

If the Bidder fails to specify a Subcontractor for any portion of the work to be performed under the Contract, the Bidder agrees to perform that portion of the work itself.

7. Omissions and Discrepancies: If the bidder finds discrepancies in, or omissions on, the drawings, or other contract documents, or if bidder is in doubt as to their meaning, the bidder should notify the Town contact listed in the Notice Inviting Bids in writing, who may send a written instruction to all bidders.

8. Interpretations and Addenda: No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents, or be effective to modify any of the provisions of the contract documents. Every request for an interpretation shall be made in writing and forwarded to the Town contact listed in the Notice Inviting Bids.

9. Bidder’s Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier’s check, certified check, or bid bond made payable to the Town of Atherton for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier’s check, certified check or bid bond is enclosed therewith.

If a bidder uses a different bid bond form than that provided in this package, it must be the exact equivalent. If it is not, the bid shall be deemed non-responsive.

10. Return of Bid Guaranty: Within ten (10) days after the award of the contract, the Town will return the bid guaranties accompanying the bids, which are not to be considered in making the award. All other bid guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose bids they accompany.

11. Award of Contract: The award of the contract, if it is awarded, will be to the lowest responsive and responsible bidder whose bid complies with all the requirements prescribed. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that are specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. The award, if made, will be made within sixty

(60) calendar days after the opening of the bids. All bids will be compared on the basis of the estimated quantities of work to be done.

12. Execution of Contract: The contract and contract documents shall be signed by the successful bidder and returned together with the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice the contract has been awarded. No bid shall be considered binding upon the City until the execution of the contract. Failure to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the bid guaranty.

13. Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material workers and laborers thereunder.

14. Removal of Defective and Unauthorized Work: All work which is defective in its construction or deficient in any of the requirements of these specifications, special provisions or plans shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Any work done beyond the lines and grades shown on the plans or established by the Director of Public Works, or his designee, or any extra work done without written authority will be considered as unauthorized and will not be paid for.

15. Upon failure on the part of the Contractor to comply with any order of the Director of Public Works, or his designee, made under these provisions, the Director of Public Works shall be the authority to cause defective work to be removed and to deduct the costs thereof from any monies due or to become due to the Contractor.

16. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final clean up performed, the Director of Public Works, or his designee, will make the final inspection at the site.

17. Amount of Bonds: The faithful performance bond shall be in the sum of not less than one hundred percent (100%) of the contract price.

The bond for material workers and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price. Form of bond required maybe examined at the office of the Director of Public Works; copies will be furnished, if desired, to prospective bidders.

Payment and Performance Bonds shall be executed by a California Admitted Surety insurer with a minimum Best’s Insurance Guide rating of A+, Class VII.

Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims of laborers and material workers, become insufficient or the City Council has cause to believe such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon the contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

18. Compliance with Laws and Regulations: No bid for work will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Chapter 9 of Division III, of the Business and Professions Code of the State of California, as amended. All bids submitted and all contracts awarded hereunder must be submitted, filed, made and executed in accordance with all applicable laws of the State of California and of the United States of America which relate to bids and contracts of the nature referred to herein, whether such laws are expressly referred to herein or not.

19. Each bidder shall submit with this bid a statement setting forth his/her/its experience and qualifications. The statement shall be made on the forms provided by the Town and must accompany each bid. The three lowest bidders will be required to submit Subcontractor's experience and qualifications statements within 48 hours of the bid opening, on forms provided by the Town.

END OF BID REQUIREMENTS

PROPOSAL TO THE TOWN OF ATHERTON

PROJECT NO: 56170

Bid of (hereinafter called

"BIDDER"), organized and existing under the laws of the State of , doing business as * to the Town of Atherton. *(Insert"a corporation, a partnership or an individual.)

In compliance with your Advertisement for Bids, the undersigned as BIDDER hereby proposes to perform all WORK for the construction of 2026 SPRING PATCHING AND STREET

OVERLAY PROJECT in strict accordance with the Contract Documents therefore. BIDDER, declares and certifies that he has carefully examined the location of the proposed work, the proposed form of the Construction Contract, and the Plans, Specifications and Special Provisions and other Contract Documents referred to therein; that he proposes, and agrees if this Proposal is accepted, that he will contract with the Town of Atherton, in the form of the Construction Contract annexed hereto, to provide all necessary labor, machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials specified in the Construction

Contract, in the manner and time therein prescribed and according to the requirements of the City

Engineer as therein set forth, and that he will accept in full payment therefore for the unit prices set forth in the annexed BID SCHEDULE.

BIDDER certifies to comply with the California Labor Code requirements and General Prevailing

Wage Determinations made by the Director of Industrial Relations.

Accompanying this Bid is *

*(Insert "Cash," "Cashier's Check," "Certified Check" or Bidder's Bond" as the case may be) made out to the Town of Atherton, in an amount equal to at least ten percent (10%) of the total bid. If this proposal is accepted and the undersigned should fail to sign and return the Construction

Contract, together with all bonds and insurance required by Sections 3.02 and 3.03 of the Standard

Specifications within fifteen (15) working days of receipt of the Construction Contract, or fail to provide an acceptable schedule required by Section 6.03 of the Standard Specifications or an acceptable recycling plan required by section 16.02 of the Standard Specifications within twenty

(20) working days of receipt of the Construction Contract, the Town may, at its option, determine that the BIDDER has abandoned the Contract. Thereupon this Proposal and the acceptance thereof shall be null and void, and the forfeiture of such bid security accompanying this Proposal shall operate and the same shall become the property of the Town of Atherton.

BIDDER hereby agrees to commence WORK under this contract within ten (10) working days of the date shown at the top of the NOTICE TO PROCEED and to fully complete the WORK within

45 working days from the FIRST DAY OF CONSTRUCTION as defined in the NOTICE TO

PROCEED. BIDDER further agrees to pay as liquidated damages, the sum of $1,000.00 for each working day beyond the completion date deadline that the WORK has not been substantially completed, as provided in Section 6.06 of the Standard Specifications.

BIDDER acknowledges receipt of the following ADDENDUM:

BID SCHEDULE

2026 SPRING PATCHING AND STREET OVERLAY PROJECT

PROJECT NO: 56170

NOTE: Bids shall include sales tax and all other applicable taxes and fees. The following quantities are approximate only and are given for the purpose of comparing proposals. The Town does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the Project Manager. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified.

Item No. Description EST. QTY UNIT UNIT

COST Extension

1 Mobilization 1 LS

2 Traffic Control 1 LS

3 Remove Concrete Pavement 2 CY

4 Asphalt Treated Permeable Base 18 CY

5 Asphalt Concrete (Raised Hump) 2,280 SF

6 Asphalt Concrete (3” Thick Pathway) 780 SF

7 Detectable Warning Surface 5 EA

8 Raise and Adjust Manhole Frame and Cover To Grade 1 EA

9 Raise and Adjust Water Valve Frame and Cover To Grade 1 EA

10 Furnish and Install 6” HDPE Riser, Concrete Apron and Grate 1 LS

11 Remove and Cap HDPE Riser Storm Drain 1 EA

12 Install Roadside Sign and Post 20 EA

13 Remove Roadside Sign and Post 4 EA

14 Milling AC (2") 91,080 SF

15 Surface Preparation and Crack Sealing 90,000 SF

16 AC Pavement (2") 90,000 SF

17 AC Digouts (6”) 32,000 SF

Thermoplastic

18 Pavement Markings (Thermoplastic) 15 EA

19 24” Single Yellow Line (Thermoplastic) 96 LF

20 12” Limit Line (Thermoplastic) 75 LF

21 12” Single Yellow Line (Thermoplastic) 96 LF

22 6” Single Yellow Line (Thermoplastic) 1350 LF

23 6” Single White Line (Thermoplastic) 6,375 LF

Traffic Paint (2 coats)

24 Pavement Markings (Sharrows) 11 EA

Total Bid

Business name of BIDDER (print) Date

Authorized signature of BIDDER Business address (print)

Name of signer (print) Telephone number

Title of signer (print) Fax number

Contractor's License Number License Classification(s)

Contractor's License expiration date

Note: Corporations must, upon request, furnish certification attesting to corporate existence and authority of officers to sign contracts and other documents

NON-COLLUSION AFFIDAVIT

This Affidavit to be fully executed by Bidder and submitted with the bid

STATE OF CALIFORNIA )

)ss.

COUNTY OF ____________ )

The undersigned declares:

I am the ____________ of ________________, the party making the foregoing bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that it has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____[date], at ___[city], ___[state].

Signature of: President, Secretary, Manager, Owner or Representative

BID BOND

TOWN OF ATHERTON

THAT WE, THE UNDERSIGNED, ________________________________, as principal;

and ________________________, as Surety, are hereby held and bound unto the TOWN OF ATHERTON, hereinafter “Town”, in the sum of ___________________________ dollars ($__________), which sum is equal to at least ten percent (10%) of the total amount of the Bid for the work, payment of which sum, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the Town a certain Bid, attached hereto and made a part hereof, to enter into a Contract, in writing, for the construction of: 2026

SPRING PATCHING AND STREET OVERLAY PROJECT

NOW, THEREFORE,

a) If the Bid is rejected, or in the alternative,

b) If the Bid is accepted and the Principal shall sign and deliver a Contract, in the form of a Contract attached hereto (all completed in accordance with said Bid and Contract), and shall in all other respects perform the agreement created by the Acceptance of said Bid;

Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal hereunder shall be the amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Town may accept such bid, and said Surety does hereby waive notice of any such extension. IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals this _____ day of _____, 2026, the name and corporate seal of each corporate party being hereto affixed and those present duly signed by its undersigned representative, pursuant to authority of its governing body.

IN PRESENCE OF:

Affix (Individual Principal)

(Address) (Business Address)

(Individual Principal)

(Address) (Business Address)

(Corporate Principal)

(Business Address)

Affix (Corporate Seal)

ATTEST:

(Corporate Surety)

(Business Surety)

Affix (Corporate Seal)

The rate of premium on this bond is _____________________ per thousand. Total amount of premium charged $ _________________________.

Notary acknowledgments of Bidder and Surety must be attached, and Power of Attorney for Surety attached.

CONTRACTOR'S EXPERIENCE AND QUALIFICATION

To be submitted with bid

The following statement as to experience and qualifications of the Bidder is submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder.

The Bidder has been engaged in the contracting business under the present business name for years.

The experience of Bidder's Responsible Managing Officer or Responsible Managing Employee in work of a nature similar to that covered in the proposal extends over a period of years.

The Bidder currently holds a valid Contractor's License of the following Class or Classes, issued by the Contractor’s License Board under the provision of Chapter 9 of Division 3 of the California Business and Professions Code.

The Bidder, as a Contractor, has never failed to satisfactorily complete a contract awarded to him, except as follows: (Name any and all exceptions and reasons therefore).

The following is a list of plant and equipment owned by the Bidder, and which is available for use on the proposed work as required.

Quantity Name, Type & Capacity Condition Location

CONTRACTOR'S EXPERIENCE AND QUALIFICATIONS (page 1 of 3)

The following are the most recent projects on which the Bidder has performed work of similar nature, size and complexity, and the names, addresses and phone numbers of the contracting agencies. (Name at least four.)

PROJECT 1

Project name:

Location: , Owner's name:

Nature of project:

Completion date: , Contract time allotted:

Total project cost: $ , Completed on time?

Nature of Bidder's participation:

Value of work performed by bidder's employees: $ Name of Owner's representative:

Representative's address:

, Telephone number:

PROJECT 2

Nature of project:

Completion date: , Contract time allotted:

CONTRACTOR'S EXPERIENCE AND QUALIFICATIONS (page 2 of 3)

PROJECT 3

Nature of project:

Completion date: , Contract time allotted:

PROJECT 4

Nature of project:

Completion date: , Contract time allotted:

Signed by Bidder

CONTRACTOR'S EXPERIENCE AND QUALIFICATIONS (page 3 of 3)

Public Contract Code Section 10285.1 Statement

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100.. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above

Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire

In conformance with Public Contract Code Section 10162, 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.

DESIGNATION OF SUBCONTRACTORS

To be submitted with bid

TOWN OF ATHERTON

2026 SPRING PATCHING AND STREET OVERLAY PROJECT

PROJECT NO: 56170

In compliance with Sections 4100-4114 of the California Public Contract Code each Bidder shall submit the name, Contractor license number, public works Contractor registration number, and business location of each Subcontractor who will perform work or labor or render service to the Contractor for the construction of the work performed under these specifications in excess of one-half of one percent of the prime Contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime Contractor ‘s total Bid or ten thousand dollars ($10,000.00), whichever is greater. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and it shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Contractors submitting the three lowest bids shall provide, within 48 hours of bid opening, references for each subcontractor named in the form that is attached. [An inadvertent error in listing the license number shall not be grounds for filing a bid protest or considering the bid nonresponsive if the corrected license number is submitted to the Town of Atherton within 24 hours after the bid opening]

Name Subcontractor

Street Address of Shop, Mill or Office

Types of Work/Category of Contract

$ Value of Work to be Performed

Subcontractor’s License Number

License Type/Exp.

Date

Public Works Contractor Registration Number

If no Subcontractors will be used, write “None” here:__________________

I declare under penalty of perjury that the foregoing is true and correct and this Declaration is executed this ________ day of _________________[month], 20___, in ______________[city], CA _________[zip].

By: _____________________________________ Contractor Company Name: ______________________________________

SUBCONTRACTOR FORM MUST BE RETURNED WITH BID

SUBCONTRACTORS' EXPERIENCE AND QUALIFICATIONS

To be submitted within 48 hours of bid opening by the three apparent lowest bidders.

The following statement as to experience of the Bidder's Subcontractors is submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder.

Subcontractor's name: Years in Business: , Licenses held: , $ value of largest subcontract Name, address and telephone number of owner's representatives on two recently completed comparable jobs: (1)

(2)

Safety record: (Indicate EMR, RIR, & LTIR )

Name, address and telephone number of owner's representatives on two recently completed comparable jobs: (1)

Name, address and telephone number of owner's representatives on two recently completed comparable jobs: (1)

ADDENDA

This Proposal is submitted with respect to the changes to the contract included in addenda number/s

(Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)

By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Date:

Signature and Title of Bidder

Business Address

Place of Business

Place of Residence

SAMPLE

[Contractor's Name] [and Address ]

RE: NOTICE OF AWARD OF CONSTRUCTION CONTRACT

Dear [Contractor's Name]:

The Atherton City Council awarded the contract for project number 56170 to [Contractor's Name] on [Date].

In accordance with the Bid Documents, the Contractor shall properly execute and deliver to the City Engineer/Public Works all of the Award Documents 1 through 8 listed. Unless documents 1 through 6 are delivered within fifteen (15) working days of this Notice of Award and documents 7 and 8 are delivered within twenty (20) working days of this Notice of Award, the award of contract may be voided by the Town, in which case the Bid Bond submitted by the Contractor will be forfeited to the Town.

1. Construction Contract (signed and notarized)

2. Faithful Performance Bond and Payment Bond

3. Workers' Compensation Insurance Certification

4. Certificate of Liability Insurance and Owner’s Endorsement

5. Town Business License

6. W-9 Request for Federal Tax Identification

7. Critical path progress schedule conforming to the provisions of Section 6.03 of the

Standard Specifications

8. Recycling Plan conforming to the provisions of Section 16.02 of the Standard

Specifications

Please return the two signed copies of the Construction Contract, with the date on page 1 left blank. It will be filled in by the City Manager on the date that the Town executes the Agreement.

The contract for this project will not be binding upon the Town until the Construction Contract has been properly executed by both the Contractor and the Town.

When surety bonds are used as security, the surety's Attorney in Fact must attach a current Power of Attorney to the bonds. The signature of the Attorney in Fact shall be notarized. Surety bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California. The faithful performance and payment bonds shall be in a sum not less than required by Section 3.02 of the Standard Specifications, in the forms that are attached. Bonds must be issued by a bond company admitted by the California Department of Insurance to transact business in the State and having a Best's Credit rating of at least A+. The performance bond will be maintained throughout the one-year guarantee period that follows acceptance, during which time the bond amount will be reduced to ten percent of the final contract price.

Your attention is directed to Section 3.03 of the Standard Specifications regarding insurance form and content. Certificates of Insurance are not acceptable in lieu of originals or certified copies of insurance policies or endorsements bearing original signatures of authorized individuals. Please make your insurance representative aware of the specific language required by the specifications.

Should any bond, security, or insurance policy be canceled or become unsatisfactory to the Town, notice will be given to the Contractor to that effect, and the City Engineer may issue a Stop Work Notice to suspend the Contractor's performance until a satisfactory substitute is posted by the Contractor. No further payments will be deemed due or will be made under the Contract until a satisfactory substitute is posted by the Contractor.

In addition to award documents, before starting work, the Contractor shall submit the following to the City Engineer/Public Works:

A. Designation in writing of an authorized representative who shall have complete authority to act on behalf of the Contractor for this project, including the authority to execute contract change orders, and designation in writing of a person or persons who shall be at the project site and be in control of all work at any time that work is being performed, and who shall receive any communications and correspondence from the Town, on behalf of the Contractor.

B. A program to control water pollution and erosion during construction of the project, fulfilling the requirements of Section 14.03 of the Standard Specifications or a request for a waiver pursuant to Section 14.04.

Within ten (10) working days after the Contractor has properly executed and delivered all Award Documents and prior to issuing the Notice to Proceed, the City Engineer will schedule a pre-construction meeting with the Contractor to arrange utility coordination, discuss construction methods, and clarify procedures for inspection of work and transmittal of documents. Please contact the City Engineer in order to set the date for the pre-construction meeting, coordinate the proposed construction schedule, and facilitate delivery of executed Award Documents.

Sincerely, Robert Ovadia, P.E. City Engineer

SAMPLE CONTRACT

AGREEMENT FOR (Project Name) PROJECT

PROJECT NO: (Project Number)

THIS AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into this _____ day of _______, 202_, by and between the Town of Atherton (“Town” or "City"), a Municipal Corporation and________________(Active Class ________________ contractor’s license issued by the State of California- Contractor's License No.__________) (“Contractor”), who agree as follows:

WHEREAS, Town desires to have certain services for: (Add Scope Description Here) with a 1-year guarantee.

WHEREAS, Contractor represents that it is qualified and able to perform services; and, WHEREAS, Contractor is agreeable to providing the services on the terms and conditions hereinafter set forth.

NOW THEREFORE, the parties agree as follows:

1. Term of Agreement. The Term of this Agreement shall commence on ____________202_ and shall end on _____________202_.

2. Contractors Services. Contractor shall perform (Add Scope Description Here) with a 1-year guarantee as more fully described in the Plans, Specifications and Special Provisions of the Project (Project No: ), attached hereto as Exhibit B, to the full satisfaction of Town.

3. Time of Performance. Contractor shall perform the Services in accordance with the Time for as it set forth fully in the Plans, Specifications and Special Provisions of the Project (Project No:

), attached hereto as Exhibit B.

4. Compensation. Town agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the Services required by this Agreement the Compensation set forth in Exhibit A, attached and incorporated by this reference (“Compensation”). Town shall pay Contractor in accordance with the schedule of payment set forth in Exhibit A.

5. Independent Contractor. Contractor is and shall at all times remain, as to Town, a wholly independent contractor. Neither Town nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of Town.

6. Assignment. Contractor shall not assign or attempt to assign any portion of this Agreement without prior written approval by Town.

7. Responsible Principal of Contractor. The Responsible Principal of the Contractor is who shall be the individual responsible for Contractor’s obligations under this Agreement and shall serve as principal liaison between Town and Contractor. Designation of another Responsible Principal by Contractor shall not be made without the prior written consent of Town.

8. Personnel. Contractor represents that it has, or shall secure at its own expense, all personnel required to the perform Contractor’s services under this Agreement. Contractor shall assign only competent personnel. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such person, Contractor shall, immediately upon receiving notice from Town of such desire of Town, cause the removal of such person or persons.

a. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986, any amendments thereto and all applicable labor laws in effect at the time of this Agreement. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986.

9. Designation of Subcontractors. In compliance with Sections 4100-4114 of the California Public Contract Code Contractor shall upon execution of this Agreement submit the name, Contractor license number, public works Contractor registration number, and business location of each Subcontractor who will perform work or labor or render service to the Contractor for the construction of the work performed under these specifications in excess of one-half of one percent of the prime Contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime Contractor ‘s total Bid or ten thousand dollars ($10,000.00), whichever is greater. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and it shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

If no Subcontractors will be used, write “None” here: _________________

I declare under penalty of perjury that the foregoing is true and correct and this Declaration is executed this ___day of ________________, 202_, in __________, CA.

By: ______________________________________

Contractor Company Name:

10. Changes to Scope of Work. Town may, by written notice, initiate any change to the Scope of Work. A corresponding equitable change in the Payment of this Agreement will be made for each change ordered as mutually agreed upon by the parties in writing.

11. Interests of Contractor. Contractor affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement.

12. Responsibility of Contractor. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor or any subcontractor, to the Town, its elected and appointed officials, officers, attorneys, agents, and employees and each of them from any and all loss or damage on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractors.

13. Insurance. Contractor agrees to have and maintain the policies set forth in the project Plans and Specifications, the Town’s Standard Specifications, and Exhibit C entitled “INSURANCE REQUIREMENTS,” which is attached and incorporated by this reference. All policies, endorsements, certificates, and/or binders shall be subject to approval by the Town as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the Town. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.

a. Contractor shall procure and maintain for the duration of this Agreement insurance as set forth in Exhibit C, attached and incorporated by this reference. The cost of such insurance shall be included in the Contractor’s bid.

b. Contractor agrees to maintain in force at all times during the performance of the Scope of Work under this Agreement, workers’ compensation insurance as required by law.

c. Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Contractor agree to be bound to Contractor and Town in the same manner and to the same extent as Contractor is bound to Town under this Agreement and any other applicable contract documents. Subcontractor further agrees to include these same provisions with any sub-subcontractor. A copy of the Indemnity and Insurance provisions in this Agreement will be furnished to the subcontractor upon request.