Bid Notice.pdf

Bid Package – ISSUED FOR BID

Johnston Ranch Conservation Grazing Water Distribution Project

Miramontes Ridge Open Space Preserve

San Mateo County, California

Date: June 24, 2026

BID PACKAGE CONTENTS

A. Project Narrative

B. Bidding Documents

1. Invitation to Bid

2. Instructions to Bidders

3. Location Map of Bid Opening

C. Bid Forms

1. Bid Proposal Form

2. List of Subcontractors

3. Noncollusion Affidavit

4. Bid Bond

D. Agreement Forms

1. Form of Agreement - at time of execution, Agreement will include:

• Exhibit A: Agreement Scope of Services (Contractor Bid Proposal Form)

2. General Condition of the Agreement

• Exhibit 1: Labor and Materials Payment Bond

• Exhibit 2: Performance Bond

• Exhibit 3: Worker’s Compensation Certificate

• Exhibit 4: Proposed Change Order Request Template

• Exhibit 5: Change Order Template

3. Supplemental Conditions of the Agreement

• Attachment A: Project Maps

• Attachment B: Water Distribution Infrastructure Specifications

• Attachment C: Safe Use of Equipment in Wildlands

• Attachment D: District Guidelines for Minimizing Phytophthora Contamination

• Attachment E: IPM Program Best Management Practices

E. Project Scope Documents

1. Scope of Work

(Page left intentionally blank)

A. PROJECT NARRATIVE

Project Description

This solicitation is for the construction of one (1) water development project on one (1) District Open Space Preserve:

1) Johnston Ranch Water Project. Develop conservation grazing water distribution system with associated water storage tanks, water distribution lines, and troughs at Miramontes Ridge Open Space Preserve.

Project Location

The property is located in Midpeninsula Regional Open Space District’s Miramontes Ridge Open Space Preserve outside of Half Moon Bay, CA.

Project Schedule

Project Bids are due by 12:00 pm, Thursday, July 30, 2026. Award of Contract is anticipated to occur on Wednesday, August 26, 2026. No work may commence until contractor has met all pre-construction submittal requirements and received a Notice to Proceed. The estimated Notice to Proceed may be as early as October 1, but it is likely that the contractor will not receive the Notice to Proceed or have access to the site until November 2, following the completion of the Johnston Ranch Ponds Project. The project cannot extend beyond December 18, 2026. This gives the contractor 35 working days to complete the project.

Project Budget

Estimated total cost of the project is approximately $140,700. This total includes the cost of general conditions, mobilization(s), materials, construction, clean-up, overhead and profit.

B. BIDDING DOCUMENTS

1. INVITATION TO BID

Notice Is Hereby Given that the Midpeninsula Regional Open Space District will receive bids for the furnishing of all labor, materials, and services required for the following designated scope of work on or before 12:00 p.m. on July 30, 2026 at its Administrative Office, 5050 El Camino Real, Los Altos, CA.

a. Project:

Johnston Ranch Conservation Grazing Water Distribution Project. Develop conservation grazing water distribution system with associated water storage tanks, water distribution lines, solar pump, and troughs at Miramontes Ridge Open Space Preserve.

b. Scope of Work:

The development of water infrastructure at the Johnston Ranch Grazing Unit in Miramontes Ridge Open Space Preserve will include: installation of one (1) 4,999-gallon HDPE water storage tank and associated pads/plumbing/fittings, installation at one (1) site of a solar pump and supportive solar/electrical equipment, installation of four (4) concrete stock troughs and associated pads/plumbing/fittings, and installation of 1” and 1.25” HDPE pipe, plumbing, and fittings. All infrastructure must be installed according to Contract Documents. In total, project requires the following elements:

• ~3,600 linear feet of 1” HDPE pipe (DR11)

• ~1,320 linear feet of 1.25” HDPE pipe (DR11)

• Four (4) concrete stock troughs

• One (1) 4,999-gallon HDPE water storage tank

• One (1) solar pump and associated solar infrastructure

Project maps can be found under Attachment A: Project Maps. Infrastructure installed must meet the specifications outlined in Attachment B: Water Distribution Infrastructure Specifications.

Note: Welding is typically only allowed onsite from December-May. However, welding can occur onsite from June – November if all instructions and procedures are followed from Attachment C: Safe Use of Equipment in Wildlands.

c. License Requirement:

General Contractor A

2. INSTRUCTIONS TO BIDDERS

a. BID PACKAGE AVAILABILITY The District utilizes BidNet for notification of their public bidding opportunities. Bid packages are available on the BidNet website which can be found here. BidNet is free, however you must register to view the bid package.

The District’s website www.openspace.org also lists current bidding opportunities. Once you are on the site, hover over Get Involved, then click on the drop down, Bids & Proposals, click the project you are interested in, and you will be redirected to BidNet.

The Bid Proposal shall be made in accordance with the Bid Package instructions and only on the Bid Package documents.

For additional information, contact Kylie Kammerer, Water Resources Technician II, kkammerer@openspace.org, (650) 772-3658, or Sherilyn Reinhart, Administrative Assistant, sreinhart@openspace.org, (650)772-3648.

b. MANDATORY PRE-BID MEETING There is a mandatory pre-bid meeting and site visit. ALL BIDDERS MUST ATTEND the site visit on July 16, 2026, at 9:00 am. You must register to attend the site visit no later than 3:00 pm July 15, 2026. To register, email Sherilyn Reinhart, sreinhart@openspace.org or call (650) 772-3648. You must register to receive directions to the meeting location and to be notified of any changes or weather delays.

The pre-bid meeting and site visit should take approximately two hours and there will be uneven terrain to cover. Please wear appropriate dress and shoes for hiking. Please bring water to keep hydrated.

c. TENTATIVE PROJECT SCHEDULE Below is a tentative project schedule that is subject to change.

July 2, 2026 Request for Bids posted on BidNet July 16, 2026 Mandatory Pre-bid meeting and site visit (9:00 am) July 20, 2026 Written questions due (5:00 pm) July 23, 2026 Final Addendum issued July 30, 2026 12:00 pm Bids Due August 26, 2026 Contract awarded 7:00 pm Board meeting (Los Altos) August 27, 2026 Written notice of award of contract October 1, 2026 Bonds and Insurance due

October 1, 2026 Proposed Notice to Proceed issued and Construction kick-off meeting (but is likely to be as late as Nov 2)

December 18, 2026 Construction completed December 21, 2026 Walk-through, sign-off, closeout https://www.bidnetdirect.com/ https://www.openspace.org/ mailto:sreinhart@openspace.org mailto:sreinhart@openspace.org

d. BID PROPOSAL GENERAL REQUIREMENTS Prior to submitting their proposal, the Bidder shall thoroughly examine the Contract Documents and shall participate in the mandatory pre-bid meeting and site visit to understand the site conditions and scope of work. Any questions, concerns, errors, or ambiguities noted by the Bidder during said examination shall immediately be called to the attention of the District Representative prior to submission of a bid. The District will issue addenda with interpretation of the cited questions, concern, error or ambiguity. No subsequent claim for extra work will be allowed on account of claimed misunderstanding of the meaning or intent of the Contract Documents, site conditions, or any other documents included in this Bid Package if the item occasioning the claim appeared in, or was inferable from, said documents or from site investigations mandated for bidding purposes.

Examination of Site. Attention is directed to Bidder’s obligation to examine the Work site; compare the site with the Plans and Specifications; determine any site variation that affects the Bid; and investigate the conditions of existing clearances, restrictions, or limitations that affect access to the Work. Bidder’s failure to do any and all of the above shall not be a basis for claim of additional monies or extension of time.

Examination of Contract Documents. Bidder shall examine the Contract Documents to verify that there are no missing pages or sheets and shall obtain and examine any and all missing material prior to submitting the Bid.

Contract Documents Addenda. Explanations or interpretations will be made by District in the form of addenda to the documents and published on Periscope. Oral explanations and interpretations made prior to the Bid opening shall not be binding. All questions to the District must be made by the General Contractor. No questions from proposed Subcontractors will be received.

The final Addendum will be furnished no less than 72 hours prior to the opening of Bid Proposals.

Addenda must be referred to by number and date on the Bid Proposal form. It is the Bidder’s obligation to consider all addenda before submitting a Bid Proposal.

Form and Delivery. The Bid Proposal must be submitted on the Bid Proposal form supplied with these instructions. Alterations to the printed text are not permitted. Every blank on the enclosed Bid Proposal form should be filled out completely (or provided in another format). Either cross out or insert “N/A” in the blanks that are not applicable. Bid Proposals containing blanks may be disqualified, at the District’s sole discretion.

The Bid Proposal (with all forms in Section C. Bid Forms completed) must be hand-delivered, or delivered via mail or commercial courier, in a sealed envelope to Kylie Kammerer at the District’s Administrative Office, addressed as follows:

Midpeninsula Regional Open Space District 5050 El Camino Real Los Altos, CA 94022-1404

The envelope must be clearly marked:

ATTENTION Kylie Kammerer Johnston Ranch Conservation Grazing Water Distribution Project

BIDS ARE DUE ON OR BEFORE 12:00 PM (NOON) July 30, 2026.

Bid Proposal Opening Information. Sealed Bid Proposals shall be publicly opened at the District office at 5050 El Camino Real, Los Altos CA 94022 at 12:00 p.m. on July 30, 2026. The District shall make every effort to observe normal public bid opening rules and follow established procedures as best as possible. Any Bid Proposal not delivered before the time set for the opening of bids will be returned unopened. Incomplete Bid Proposals may result in bid rejection, in District’s sole discretion. A notice of apparent low bid will be distributed as soon as practical after the bid opening. Bid Proposals are expected to be presented to the Board of Directors of the District at their regular meeting on August 26, 2026. The Board will take formal action at that time to determine whether, and to whom, to award the contract.

e. BID SUBMITTAL Bidders shall execute and submit the attached Bid Proposal form. Each Bid Proposal must give the full business name and address of the Bidder and be signed by him/her. Bid Proposals by corporations must identify the legal name of the corporation, be signed by an authorized officer of the corporation, and include a corporate resolution conferring such authorization. Bid Proposals by partnerships must provide the full name of all partners and must be signed by one of the partners.

After the signature, the Bid Proposal shall designate the position of the person signing.

The following forms are to be executed and submitted by Bidders with their Bid. Bid Proposals must include the following:

• Attachment 1: Bid Proposal

• Attachment 2: List of Subcontractors

• Attachment 3: Non-collusion Affidavit

• Attachment 4: Bid Bond

f. BID NON-REVOCABLE In consideration of District’s reliance on and investigation and consideration of the Bid Proposal of the undersigned, the undersigned agrees that such Bid shall be irrevocable and shall not be withdrawn for sixty (60) calendar days following the Bid opening even though an award is made to another Bidder. Thereafter, such Bid shall be automatically relieved.

g. BID GUARANTEE No Bid will be considered unless accompanied by a guarantee in the amount of ten percent (10%) of the Total Base Bid, which shall be one of the following: (a) a Bid Bond supplied in the enclosed Bid Form written by an admitted surety satisfactory to the District in its sole discretion, (b) a certified or cashier’s check made payable to the District, or (c) a cash deposit. In the event a successful Bidder fails to satisfy all conditions for accepting the award within the stated time limits, the District may declare the Bidder’s Bid Guarantee in default. Bidder acknowledges that the amount of actual damages the District would suffer in such event is extremely difficult and impractical to determine at this time by reason of the uncertainties, lapse of time, expense and loss of likely bidders resulting from the probable need to re-advertise and call for new bids. Bidder agrees that if a default occurs, the amount of such Bid Guarantee shall be kept by the District as liquidated damages and agrees that the District may then award the work to any other bidder or may call for new bids. All Bid Guarantees will be held until after an award is made, an Agreement fully executed, and required bonds and proof of insurance provided for the Work, at which time they will be returned.

h. NONCOLLUSION AFFIDAVIT No bid will be considered unless accompanied by a fully executed Non-collusion Affidavit, which is supplied with these instructions.

i. CERTIFICATES OF REPORTED COMPLIANCE Contractors must provide Certificate(s) of Reported Compliance (CRCs) from the California Air Resources Board for the fleet selected for the Contract and all listed Subcontractors, or detailed explanation demonstrating that the fleet(s) is/are exempt from such regulations, prior to Contract award. Bidders are encouraged to include CRCs with their bids.

j. LICENSE REQUIREMENTS Under California Business and Professions Code §7000 through § 7145, commonly known as the “Contractor’s License Law”, Contractor must possess an appropriate license that is current and valid at the commencement of and throughout the Term of the Agreement for the Work. The License required for this Agreement is Class A, General Contracting. All subcontractors must possess an appropriate license that is current and valid at the commencement of and throughout the Term of the Agreement.

k. INELIGIBLE CONTRACTORS No contractor or subcontractor who is ineligible to Bid on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code may Bid or work on the Project.

l. BOND AND INSURANCE REQUIREMENTS The successful Bidder shall obtain and maintain in full force, workers compensation insurance (California Labor Code §§ 1860 & 1861) and commercial general liability and automobile insurance as further described in the Agreement. Bond and Insurance requirements are further described in the Agreement.

m. PREVAILING WAGES As required by law, the Contractor shall pay all workers California prevailing wages for each trade or classification on the job during the term of this project. These rates include employer payments for health and welfare, pension, vacation, travel time, subsistence pay and apprenticeship or training. Prevailing wage information can be found at the following website:

http://www.dir.ca.gov/dlsr/DpreWageDetermination.htm.

Pursuant to recent legislation (“SB 854”), effective January 2015, contractors and subcontractors listed on bid proposals must be registered with the California Department of Industrial Relations (DIR) in order to be eligible to work on public works projects (Cal. Lab. Code §§ 1725.5, 1771.1).

Work performed on public works projects is subject to compliance monitoring and enforcement by http://www.dir.ca.gov/dlsr/DpreWageDetermination.htm the DIR. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner. More information can be found at the following website:

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

n. NON-DISCRIMINATION The successful Bidder and its subcontractors must comply with all applicable state and federal equal employment opportunity and affirmative action laws throughout the term of the Contract.

o. RESPONSIBLE BIDDER It is the intention of the District to award the contract to the responsible Bidder with the lowest responsive Bid. Public Contract Code §1103 defines “responsible bidder” as “a bidder who has demonstrated the attributes of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the Contract.” This includes the ability to complete projects on time, specifically when working on multiple projects concurrently. A bidder that is determined by the District not to be responsible due to a failure to meet these requirements shall have his/her Bid disqualified.

p. RESPONSIVE PROPOSAL The District will award the contract to the lowest responsible bidder submitting a responsive proposal based on the information contained in the bid. The lowest bid shall be the lowest bid price on the Total Base Bid. District may contact firms to clarify information contained in their proposal.

The District reserves the right to reject any or all proposals and to waive any conditions or formalities.

Every blank on the enclosed Bid Proposal form should be filled out completely (or provided in another format). Either cross out or insert “N/A” in the blanks that are not applicable. Bid Proposals containing blanks may be disqualified.

Before contract is awarded the District may, at its discretion, require from the bidders’ further evidence of qualification, ability to perform, and financial responsibility, and may consider such evidence in making the decision on the award of such proposed contract. In addition, District may require that Contractor submit a complete disclosure of contractor’s staffing level, current and anticipated workload, and affirm that they can meet all project requirements and have the personnel and equipment to complete the project within the budget and schedule stipulated in the Contract Documents. Notwithstanding Contractor’s affirmation that they can meet the project requirements, if District, in their review of Contractor’s past performance, finds documented evidence of inability to meet project schedule or cost requirements, District will have cause to reject the Bid. Refer to Item 16.

Criteria for a responsive proposal from a responsible bidder include but are not limited to the following requirements:

• Qualifications and appropriate licensing of assigned personnel & listed subcontractors

• Ability to perform work within the specified project schedule and budget

• Proposed fee and overall cost effectiveness of the bid

• Experience completing similar work

q. RIGHT TO REJECT BIDS http://www.dir.ca.gov/Public-Works/PublicWorks.html

The District reserves the right to reject any or all Bid Proposals, to waive any informality, minor technical defect, or irregularity in Bid Proposals, and to accept or reject any items of a Bid Proposal. The District, at its discretion, may reject as incomplete any bid which is in any way conditional, includes exceptions, alterations or omissions, or includes reservations to the terms of the Bid Proposal form, drawings, specifications, or other contract documents. The District reserves the right to reject any and all bids. District will reject bids from any contractor for whom there is documented evidence of project schedule delays and cost overruns and / or documented inability to meet project performance requirements.

r. WITHDRAWAL OF BIDS Bid Proposals may be withdrawn prior to the opening only by a signed, written notice received by the District Representative prior to the commencement of the Bid Proposal opening.

s. BID PROTESTS A bidder who intends to protest the apparent low bid must submit the protest to the District project manager within five (5) working days after the District’s issuance of the Memorandum of the Bid Opening, excluding Saturdays, Sundays and District holidays. The Memorandum of the Bid Opening is normally issued by District staff on the day of the Bid Opening to all bidders, identifying the apparent low bidder.

a. The bid protest must be a complete written statement detailing the basis for the protest, including reference to specific facts, portions of the bid or contract documents, or reference to specific statutes, that form the basis for the protest. The protest must be signed by the party filing the protest. Failure to give written notice by Close of Business on the fifth working day following issuance of the Memorandum of the Bid Opening shall waive the right to protest.

b. Notification by personal delivery, overnight courier, email and/or facsimile is sufficient.

If the written protest is sent by facsimile, Protesting Bidder must provide a FAX (facsimile) number and verify that the pages were all received by the District project manager.

c. The protest may be withdrawn at any time while under consideration by the District.

d. Review by District

• The District project manager will notify the apparent low bidder of the bid protest.

• The District will afford the apparent low bidder the opportunity to submit a response to the written protest.

• The District will review timely protests prior to awarding the contract. The District is not required to hold an administrative hearing to consider a bid protest but may do so at the sole option of the Assistant General Manager, or if otherwise legally required. The AGM or his/her designee shall consider the merits of any timely protests and make a final determination thereon.

t. BASIS OF CONTRACT AWARD Definitions:

(a) The Total Base Bid is the contractor’s Bid for all items listed in the Bid Proposal.

(b) For a definition of Responsible Bidder, see Instructions to Bidders, Item o.

The contract will be awarded to the lowest Responsible Bidder, as defined above under Responsive Proposal considering the following factors:

(a) If the lowest Total Base Bid is equal to or less than the Project Budget (as stated in Instructions to Bidders), the contract will be awarded to that Bidder.

(b) If the lowest Total Base Bid is greater than the Project Budget, that Bidder may be awarded the contract, or, all Bids may be rejected, at the sole discretion of the District;

(c) In the event of a tied low bid, the award would be based on a coin toss or equivalent random selection process.

(d) The District reserves the right to reject any or all of the Bids at its sole discretion.

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

u. NOTICE OF AWARD Immediately after Board action, the District Representative will notify the Contractor in writing of award of the contract. Contractor shall provide District Representative a Labor and Materials Payment Bond, Performance Bond, Proof of Insurance, CRCs and signed Agreement by October 1st, 2026.

3. LOCATION MAP OF BID OPENING

C. BID FORMS

1. BID PROPOSAL FORM

(To be executed by Bidder and Submitted)

Project Name:

Location:

Johnston Ranch Conservation Grazing Water Distribution Project

Miramontes Ridge Open Space Preserve

Scope of Work:

Develop conservation grazing water distribution system with associated water storage tanks, water distribution lines, and troughs at Miramontes Ridge Open Space Preserve.

District Representative:

Kylie Kammerer Midpeninsula Regional Open Space District 5050 El Camino Real Los Altos, CA 94022

(650) 772-3658

The undersigned has carefully examined the site conditions for the Work, attended the Mandatory Pre-Bid Meeting, reviewed all documents in the Bid Package, including the Drawings, Plans and Specifications, accepts all terms and conditions of the Agreement, and has reviewed the following Addenda (fill in blanks below as appropriate to the number of Addenda issued for the project):

Addendum No. , dated , 20 , Addendum No. , dated , 20 , Addendum No. , dated , 20 .

a. BASE BID

Bid Proposal will be evaluated based on Total Base Bid. District may opt to award additional work based on unit pricing submitted herein. Bidders proposed Duration for Completion shall be for Total Base Bid. Please reference D.3 Supplemental Conditions, Article Four, Paragraph K – Stand- Down Time for critical information required to complete the Bid Form.

Item No. Item Description QTY. Unit Unit Price Extension

GC General Conditions, Safety, Kick- Off Meeting, Grass Seeding, Site Supervision & Insurance; Refer to General and Supplemental Conditions.

1 LS $

A Site Preparation 1 Mobilization / Demobilization 1 LS $

2 Site BMP’s 1 LS $

SUBTOTAL GC & A $

B Construction of water distribution infrastructure

QTY. Unit Unit Price Extension

1.1 1” HDPE pipe (DR11) (fittings and pipe welding as needed)

3,600 FT $ $

1.2 1.25" HDPE pipe (DR11) (fittings and pipe welding as needed)

1,320 FT $ $

1.3 Concrete trough (minimum 400

gallons), pad preparation (excavation and compaction, no gravel), and brass plumbing, fittings, and float

4 EA $ $

1.4 4,999-gallon HDPE tank, pad (graded and compacted), plumbing, fittings, and livestock exclusion fencing (galvanized rigid 5 cattle rail panels)

1 EA $ $

1.5 Pump and solar infrastructure:

Pump, solar array, electric float valve, wireless repeater, hook-up for generator, livestock exclusion fencing (galvanized rigid 5 cattle rail panels), and other associated components needed to pump a minimum of 6 gallons/minute from the pond (Site A, elevation: 194’) to the tank (Site B, 246’), a distance of ~1,130 feet through

1.25” HDPE DR11

1 EA $ $

1.6 Air vent at high points 3 EA $ $

SUBTOTAL B $

TOTAL BASE BID (Sum of Subtotal GC & A, and Subtotal B) $

b. EXPERIENCE List three recently (within last 5 years) completed jobs of comparable scope (e.g. wildland setting), the contract amount, names, and telephone numbers of contract officers. Use additional sheets as necessary.

Job/Project Name

Owner Year Contract Amt $

Contact Phone

Wetted Channel? Y / N Bio-monitor? Y / N

Contact Phone

Contact Phone

c. NONCOLLUSION CERTIFICATION. The undersigned has executed and hereby submits the Noncollusion Affidavit (Attachment 3), in accordance with Public Contracts Code Section 7106.

d. BID GUARANTEE. No Bid will be considered unless accompanied by a guarantee in the amount of ten percent (10%) of the Total Base Bid), which shall be either a BID BOND (Attachment 4) written by an admitted surety satisfactory to District in its sole discretion, a certified or cashier's check made payable to District, or a cash deposit. In the event a successful bidder fails to satisfy all conditions for accepting the award (i.e. executed Agreement, provision of required bonds and proof of insurance) within the stated time limits, District may declare the bidder's Bid Guarantee in default. Bidder acknowledges that the amount of actual damages District would suffer in such event is extremely difficult and impractical to determine at this time by reason of the uncertainties, lapse of time, expense and loss of likely bidders resulting from the probable need to re-advertise and call for new bids. Bidder agrees that the amount of such Bid Guarantee shall be kept by District as liquidated damages and agrees that District may then award the work to any other bidder or may call for new bids. All Bid Guarantees will be held until after an award is made, an Agreement entered into, and required bonds and proof of insurance provided, at which time they will be returned.

e. DISCLOSURE. The names of all persons financially interested in this Bid Proposal are as follows:

If Bidder, or any partner of Bidder, is a corporation, provide the legal name of the corporation, the state of its incorporation and the name and address of the President and of the Secretary. If Bidder is a partnership, provide name of the firm and names and addresses of all individual co-partners. Use additional sheets as necessary. If Bidder is an individual, provide the first and last name and address.

Name of Corporation:

State of Incorporation:_______________________________________________________

Name of Officer/Shareholder Title Address

Name of Bidder(s)/Partner(s) (If not a corporation)

f. WITHDRAWAL OF BIDS. Bids may be withdrawn prior to the opening of bids only by a signed, written notice received by District Representative prior to the commencement of the bid opening. In consideration of District's reliance on and consideration of this Bid Proposal, the undersigned agrees that such Bid Proposal shall be irrevocable upon opening and shall not be withdrawn for sixty (60) calendar days following the bid opening even though award may be made to another bidder. Thereafter, such bid shall be automatically relieved.

I make the above Bid and declare under penalty of perjury that the statements made in this Bid Proposal are true and correct.

FULLY EXECUTED at , City State on ___________________

Signature1 Title

1 An authorized person for the Bidder must sign this Bid Proposal. If the Bidder is a partnership, a general partner must sign. If the Bidder is a corporation, an authorized officer of the corporation must sign and a corporate resolution conferring such authority must be provided.

Name (please type or print)

Federal Employer I.D. Number

License Type

License Number Expiration Date

Name of Firm

Mailing Address

City State Zip

Phone (Bus) Phone (Cell)

Email

2. LIST OF SUBCONTRACTORS

(To be executed by Bidder and Submitted with Bid)

Contractor must set forth the name, address, phone number, type and cost of work, and proof of required license for each subcontractor who will perform work or render services in any amount exceeding one-half percent (1/2%) of the total bid according to provisions of the California Public Contract Code §4100 through §4113. Each subcontractor must be licensed by the State of California Department of Consumer Affairs for the portion of work they perform in accordance with Contractor's License Law. Please attach as many sheets as necessary.

Company Name:

Contact:

Phone Number:

Type of Work:

Cost of Work:

Required License:

DIR #:

Company Name:

Contact:

Address:

Phone Number:

Type of Work:

Cost of Work:

Required License:

DIR #:

Company Name:

Contact:

Address:

Phone Number:

Type of Work:

Cost of Work:

Required License:

DIR #:

3. NONCOLLUSION AFFIDAVIT

(To be executed by Bidder and Submitted with Bid)

State of California

County of

(Name of party bidding), under penalty of perjury, deposes and says that he or she is of , the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the 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, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Signature Title

Date

4. BID BOND

(Note: Bidder must use this form if Bid Guarantee is a Bond)

KNOW ALL PERSONS BY THESE PRESENTS THAT [name of Bidder] (hereinafter Principal), as Principal, and [name of Surety] , a corporation organized and doing business under and by virtue of the laws of the State of and duly licensed for the purpose of making, guarantying or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto the Midpeninsula Regional Open Space District, a California Special District, (hereinafter called the Obligee) in the just and full sum of Dollars ($ ) lawful money of the United States of America, for the payment of which we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the Principal is about to hand in to the Obligee a Bid for the project known as Johnston Ranch Conservation Grazing Water Distribution Project in accordance with the Contract Documents filed in the office of the Obligee and under the notice inviting proposals therefor.

NOW, THEREFORE, if the Bid as submitted by said Principal shall be accepted, and the contract for such work or supplies be awarded to the Principal, and the said Principal shall fail, neglect or refuse to enter into a contract to perform said work or deliver said supplies, and furnish good and sufficient bond and proof of insurance therefore, then the amount of this bond shall be declared to be forfeited to the Obligee, Midpeninsula Regional Open Space District.

IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of , 2026.

Signature of Principal Signature of Surety

Attorney-in-Fact

State of California, County of

On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature Seal

Level 4 Contract General Conditions Rev FEB 2023

D. AGREEMENT FORMS

Notice to Bidders:

Documents in the following section are not to be submitted with Bid Proposal. They will be signed and submitted at time of Award of Contract.

D – AGREEMENT FORMS

Johnston Ranch Conservation Grazing Water Distribution Project

Miramontes Ridge Open Space Preserve

Date: June 24, 2026

Level 4 Agreement Rev FEB 2023 Page 2 of 10

EXAMPLE ONLY

LEVEL 4 AGREEMENT

CONTRACT INFORMATION SHEET

1. Name of Project: Johnston Ranch Conservation Grazing Water Distribution Project

2. Project Description: Develop conservation grazing water distribution system with associated water storage tanks, water distribution lines, and troughs at Miramontes Ridge Open Space Preserve.

3. Working Days to Complete: 35

4. License(s): General Contractor A

5. District Representative: Kylie Kammerer, Water Resources Technician II

Project: Johnston Ranch Conservation Grazing Water Distribution Project

Level 4 Agreement Rev FEB 2023 Page 3 of 10

AGREEMENT

Level Four

1. Project Name: Johnston Ranch Conservation Grazing Water Distribution Project

2. Parties.

District: Midpeninsula Regional Open Space District

Attn: Kylie Kammerer 5050 El Camino Real Los Altos, CA 94022

(650) 691-1200

(650) 691-0485 (facsimile)

Contractor: Click here to enter text.

Click here to enter text.

Click here to enter text.

Click here to enter text.

3. Scope of Work.

(a) Project Description. Contractor agrees to obtain all necessary permits and furnish all labor, materials, services, and equipment necessary to accomplish the following Project as more specifically set forth herein and in the Contract Documents fully incorporated herein as though attached hereto (the “Work”) and generally described as follows:

The development of water infrastructure at the Johnston Ranch Grazing Unit in Miramontes Ridge Open Space Preserve will include: installation of one (1) 4,999-gallon HDPE water storage tank and associated pads/plumbing/fittings, installation at one (1) site of a solar pump and supportive solar/electrical equipment, installation of four (4) concrete stock troughs and associated pads/plumbing/fittings, and installation of 1” and 1.25” HDPE pipe, plumbing, and fittings.

(b) Contract Documents. The Contract consists of the following:

Level Four Agreement

• Exhibit A: Agreement Scope of Services (Contractor Bid Proposal Form) General Conditions of the Agreement

• Exhibit 1: Labor and Materials Payment Bond

• Exhibit 2: Performance Bond

• Exhibit.3: Worker’s Compensation Certificate

• Exhibit 4: Proposed Change Order Request Template

• Exhibit 5: Change Order Template Supplemental Conditions of the Agreement

• Attachment A: Project Maps

• Attachment B: Water Distribution Infrastructure Specifications

• Attachment C: Safe Use of Equipment in Wildlands

• Attachment D: District Guidelines for Minimizing Phytophthora Contamination

• Attachment E: IPM Program Best Management Practices

Level 4 Agreement Rev FEB 2023 Page 4 of 10

Project Scope Documents

1. Scope of Project

4. Term.

The Term of this Agreement shall commence on the date of execution hereof by District’s General Manager and shall end upon the filing of the Notice of Completion by District Representative as more specifically set forth in the General Conditions and Supplemental Conditions, attached hereto and incorporated herein by this reference.

5. Contract Price.

As full compensation for the Work, District agrees to pay Contractor the sum of $XXX. as further described and set forth in Contractor’s Bid Proposal attached hereto and incorporated herein as Exhibit A. the Contract Price includes the Base Bid. Contractor agrees to delete or add Work tasks not covered by the provisions thereof, either under provisions for “ADD OR DEDUCT ALTERNATES” or for “UNIT PRICES”, pursuant to the methods otherwise provided herein for Change Orders.

6. Cash Allowances.

Contractor declares that the Contract price includes all expenses (including permit fees) and profit. Contractor shall make no demand for additional expenses and/or profit for work in this Contract.

7. Beginning and Completion of Work.

Contractor shall provide District Representative with all certificates and licenses required for performance hereunder within ten (10) days of the commencement of the Term of this Agreement, not including County permits. Contractor agrees that permit application(s) to the County shall be submitted within five (5) working days from the date of issuance of a written Notice to Proceed with Permitting. Contractor agrees that the Work shall be fully completed to District Representative’s satisfaction within thirty-five (35) working days from the date of a written Notice to Proceed with Construction. Contractor shall not start any onsite construction work until such Notice to Proceed with Construction is issued. Working days shall mean every day except Saturday, Sunday, and Legal Holidays as hereinafter defined.

8. Licensing.

Under California Business and Professions Code §7000 through § 7145, commonly known as the “Contractor’s License Law”, Contractor must possess an appropriate license that is current and valid at the commencement of and throughout the Term of this Agreement. The Licenses required by this Agreement: Class A – General Engineering Contractor.

9. Insurance and Bonds.

Contractor shall provide, and keep in full force and effect during the Term of this Agreement, at Contractor's sole cost and expense, policies of insurance with companies licensed to do business in the State of California that are acceptable to District for the Coverages as more particularly set forth below. Contractor shall keep all required policies in full force and effect until final acceptance of the Work by District.

Level 4 Agreement Rev FEB 2023 Page 5 of 10

a. Certificates of Insurance. Contractor shall, within five (5) calendar days after Notice of Award, supply District with an acceptable Certificate of Insurance. An authorized insurance agent or broker must complete, execute and provide District with a Certificate of Insurance (ACORD 25-S, or a successor or comparable form, subject to prior approval by District) before a Notice to Proceed may issue. District reserves the right to cancel the contract if these requirements are not met within 30 calendar days of the Notice of Award.

b. Endorsements. The General and Automobile Liability policies must be endorsed to name District as an additional insured and must be on a primary non-contributing basis in relationship to any other insurance available to District. All policies taken out by Contractor insuring work and materials supplied must list District as an additional insured and be payable to Contractor and District. All policies shall contain a provision that they shall not be canceled or materially changed without thirty (30) calendar days' prior written notice to District. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Contractor to furnish the required insurance during the term of the Agreement.

c. Coverages.

i. Workers' Compensation Employer's Liability coverage as required by statute, in full compliance with California Labor Code §3700, and containing a waiver of subrogation in favor of District. Contractor hereby acknowledges having read and understood the provisions of the California Labor Code §3700, which require every employer to be insured against liability for workers' compensation or that they undertake self-insurance in accordance with the provisions of that code, and Contractor agrees to comply with such provisions before commencing the Work. Acknowledgment shall be in the form included herein and attached hereto as

Exhibit 3.

ii. Comprehensive or Commercial General Liability, including coverage for

Bodily Injury and Property Damage in the amount of $2,000,000.00 per occurrence, $2,000,000.00 aggregate.

iii. Business Automobile Liability coverage including owned, non-owned and hired vehicles in an amount of no less than $1,000,000.00 per occurrence.

iv. Subcontractor(s) Insurance Requirements. Contractor shall either require each subcontractor to procure and maintain during the life of its subcontract all insurance of the type and in the amounts specified above or insure the activities of subcontractor(s) under its own policy or policies.

10. Contractor's Indemnification of District.

Level 4 Agreement Rev FEB 2023 Page 6 of 10

a. Contractor agrees to indemnify, hold harmless, defend, and protect District, its officers, directors, agents and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties, judgments or obligations whatsoever arising out of or in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of Contractor both on and off the Project, including but not limited to claims related to the presence, use or disposal of hazardous materials, except for injury or damage resulting from the sole negligence or willful misconduct of District.

b. Claim. In the event a Contractor becomes aware that a claim has been, or is likely to be, made against District, its officers, directors, agents or employees, or they or District is named a co-defendant in any action concerning the Contract, Contractor shall immediately notify District. District may retain legal counsel at Contractor's sole expense and Contractor shall reimburse District for all legal expenses, including reasonable attorney's fees, spent in representing District.

c. Apportionment of Liability. In the event that a judge in a court of competent jurisdiction makes an apportionment of liability between District and Contractor, neither District nor Contractor shall request that a jury determine apportionment of liability. Contractor shall indemnify and hold harmless District as set forth above, unless the court determines that the injury or damage resulted from the sole negligence or the intentional and willful misconduct of District.

d. Waiver. Contractor hereby waives all claims and recourse against District, including the right of contribution for loss or damage to property, and hereby releases District from any and all liability related to or in any way connected to Contractor's activities or Contractor's use of the Project site, premises or facilities.

e. Contractor Responsibility. Contractor and its subcontractors shall have sole responsibility for the safety of their equipment, property and personnel (including, but not limited to, its employees, agents, and officers) from any and all injuries, deaths or damages.

f. Mutual Responsibility of Contractors. If Contractor causes damage to the work or others, or willfully or negligently delays another contractor or subcontractor in the performance of other work, Contractor is hereby obliged to attempt to settle such claim with such contractor or subcontractor by agreement. If a contractor or subcontractor serves written notice on District of Contractor's failure to meet this obligation or to settle the claim by agreement, District shall notify Contractor in writing of the pending claim.

Contractor shall defend itself (and District if included in claim) at Contractor's sole expense, including the payment of District’s attorney fees. Contractor shall pay all costs, expenses and liabilities incurred by District as a result of any judgment in favor of another contractor.

Contractor further agrees to the District General Conditions for Indemnity and Assumption of Risk as detailed in Article 5 of the General Conditions attached hereto and incorporated herein by this reference.

Level 4 Agreement Rev FEB 2023 Page 7 of 10

11. Laws Applicable to District Incorporated.

a. This Contract is subject to all Federal, State and local laws, regulations, ordinances, and governing codes, controlling, affecting, or enacted by the Midpeninsula Regional Open Space District. All such laws, regulations, ordinances, and codes are made a part of this Contract as if set forth fully herein.

b. In compliance with California Government Code §4552 and California Public Contract

Code §7103.5, the text of those codes are herein reproduced in full:

GC §4552. Submission of bids to public purchasing body; agreement to assign

In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing 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, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

PCC §7103.5. Unfair business practices claims; assignment to awarding body

c. As used in this section:

“Public works of contract” means a contract awarded through competitive bids by the state or any of its political subdivisions or public agencies, on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code, for the erection, construction, alteration, repair, or improvement of any structure, building, road, or other improvement of any kind.

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, 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 tenders final payment to Contractor without further acknowledgement by the parties.

12. Assignment.

Contractor shall not assign its rights or obligations under this Contract without the prior written consent of District Representative, which consent shall not be unreasonably withheld.

Contractor shall not assign any monies due Contractor without the written consent of District.

Any assignment or delegation without the written consent of the other party shall be void.

Level 4 Agreement Rev FEB 2023 Page 8 of 10

13. Taxes.

Contractor agrees and states that all taxes arising incidental to this Contract shall be paid in a timely manner by Contractor and are included in the Contract price.

14. Federal Manufacturer's Excise Tax.

Distri…