TOWN OF PORTOLA VALLEY

PUBLIC WORKS DEPARTMENT

NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND

SPECIAL PROVISIONS

FOR CONSTRUCTION OF

2025/2026 STREET RESURFACING PROJECT

PROJECT #2025-PW01

IN THE TOWN OF PORTOLA VALLEY, CALIFORNIA

DATE: July 24, 2026

Armando Lee, Project Manager 765 Portola Road

Portola Valley, CA 94028 Phone: (209) 429-0772

Fax: (650) 851-4677

Bids Open: August 18, 2026 Prepared by: Town of Portola Valley

Tuesday 11:00 a.m. at Town Hall Interwest Group

Portola Valley, CA 94028

Exp. 12-31-26

Portola Valley, California 94028

NOTICE INVITING BIDS

N-1 NOTICE IS HEREBY GIVEN that sealed bids will be received at the office of the Town Clerk of the Town of Portola Valley at 765 Portola Road in the Town of Portola Valley for the street resurfacing and all appurtenant work, in strict accordance with the Contract Documents on file at the office of the Town Clerk of the Town of Portola Valley, California. Telephones will NOT be available to bidders. FAX bids or bids received after the designated time will not be accepted.

N-2 DATE OF OPENING BIDS: Bids will be received at the office of the Town Clerk of the Town of Portola Valley, California, until 11:00 a.m. Tuesday, August 18, 2026, at which time they will be opened and read aloud.

N-3 LOCATION OF THE WORK: The work to be constructed hereunder is located in the Town of Portola Valley, CA.

N-4 DESCRIPTION OF THE WORK: The work to be done on this project consists, in general, of hot mix asphalt resurfacing and base repairs. The work includes preparing pavement surfaces prior to hot mix asphalt placement; removing existing traffic striping, pavement markings, and raised pavement markers; performing full-depth base repairs;

cold planing; placement of hot mix asphalt materials; lowering and adjustment of utility covers; reconstruction and fog sealing HMA dikes; street sweeping; installing new traffic striping, pavement markings, and raised pavement markers; perpetuating survey monumentation; implementing a water pollution control plan; maintaining traffic and furnishing traffic control throughout construction; and all appurtenant work thereto required by the Plans, the Standard Specifications, and these Special Provisions and as directed by the Public Works Director.

Staging area: The Town’s facility area at Town Center at 756 Portola Road, and/or the Town’s parking lot at Ford Field at 3399 Alpine Road can be used as a staging area with advanced coordination with the Town.

N-5 COMPLETION OF WORK: Time is of the essence. The Work must be completed within thirty (30) working days after the commencement date stated in the Notice to Proceed. The Town intends to issue the intent to award / low bidder notification by September 2, 2026. All work must be completed by October 30, 2026.

N-6 AWARD OF CONTRACT:

(a) The Town reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the Town.

If the Town elects to award a contract for performance of the project, the contract will be awarded in accordance with California Public Contract Code Section 20103.8 (a) to the responsible bidder submitting a responsive bid with the lowest base bid, regardless of add alternate bids.

(b) As a condition of award, the successful bidder will be required to submit bonds, and insurance prior to execution of the Agreement by the Town. Insurance and bonds shall be submitted to Town within ten (10) calendar days of Town issuing notification to lowest bidder. Failure to meet this requirement shall constitute abandonment of the Bid by the Bidder and forfeiture of the Bid Bond. Award will then be made to the next lowest bidder.

N-7 BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of at least 10 percent of the total bid price, payable to the Town of Portola Valley, as a guarantee that the Bidder, if its Bid is accepted, will promptly obtain the required Bonds and Insurance, and will prepare the required submittal documents and execute the Agreement.

N-8 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 90 calendar days from the date of Bid Opening.

N-9 CONTRACTOR'S LICENSE CLASSIFICATION AND MINIMUM

QUALIFICATIONS: In accordance with the provisions of California Public Contract Code Section 3300, the Town has determined that the Contractor shall possess a valid Class A or C-12 with classifications as needed Contractor license. The Bidder shall possess a valid license in the specified classification at the time that the bid is submitted as required under California Business and Professions Code Section 7028.15, unless exempt thereunder. Failure to possess the specified license at the time of submitting a bid shall render the bid as non-responsive and must be rejected.

The general contractor in combination with its subcontractors must have a minimum combination of:

Three (3) years of experience in resurfacing public streets with hot mix asphalt and three

(3) years of experience in performing base repairs on public streets.

And:

Over the past three (3) years successfully completed three (3) projects involving the placement of at least 1,500 tons of hot mix asphalt on public streets in each project. Total of each project amount must have been more than $500,000.

N-10 CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the work is to be performed. A copy of said wage rates is on file at the office of the Town. The Contractor and any of its subcontractors shall pay not less than said specified rates to all workers employed by them in the execution of the work and shall post a copy of said wage rates at the project site.

N-11 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract from time to time, without retention of any portion of the payment by the Town, by depositing securities of equivalent value with the Town in accordance with the provisions of Section 22300 of the Public Contract Code. The value of such securities, if deposited by the Contractor, shall be as determined by the Town, whose decision on valuation of the securities shall be final. Securities eligible for Investment hereunder shall be limited to those listed in Section 16430 of the Government Code, or bank or savings and loan certificates of deposit.

N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS:

(a) A full electronic set of Contract Documents is available free of charge by requesting them from Armando Lee, Project Manager, alee@portolavalley.net. Contractors requesting documents and intending to bid shall provide the project title and complete contact information to be on placed on the official bidders list.

N-13 FORM, ADDRESS AND MARKING OF BIDS: Bids shall be made on the Town forms for the Project. The envelope enclosing the Bid shall be sealed and addressed to the Town of Portola Valley, and shall be delivered or mailed to the Town Clerk, Town of Portola Valley, 765 Portola Road, Portola Valley, CA 94028. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid for Town Project No. 2025-PW01" followed by the title of this Project and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid.

N-14 PROJECT ADMINISTRATION: All communications, requests for information (RFIs), and bidder inquiries shall be directed to Armando Lee, Project Manager.

Responses requiring clarification of the Contract Documents shall be issued by formal addendum. Written questions shall be submitted to Armando Lee no later than five (5) business days prior to bid opening. Responses shall be issued through addendum to all plan holders.

N-15 REGISTRATIONS WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS: No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section

1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

BY ORDER OF THE TOWN COUNCIL, TOWN OF PORTOLA VALLEY

Date: July 24, 2026

By: Armando Lee, Project Manager --- Email: alee@portolavalley.net

4 Bid Forms

B I D

BID TO: TOWN OF PORTOLA VALLEY

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Agreement with the Town in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled:

2025/2026 STREET RESURFACING PROJECT – PROJECT #202-PW01

Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids dealing with the disposition of the Bid Security.

This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and Permits required by the Contract Documents.

Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of which is hereby acknowledged):

Number ______________ Date ____________________

Number ______________ Date ____________________

Number ______________ Date ____________________

Number ______________ Date ____________________

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary.

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

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

To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Bond, and Affirmative Action Program contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s).

Dated:

Bidder:

By:

(Signature)

Title:

5 Bid Forms

BID SCHEDULE

BASE BID

2025/2026 STREET RESURFACING PROJECT

PROJECT #2025-PW01

in the Town of Portola Valley, California

Bidder:

ITEM

NO.

BID ITEMS

PAY

REF

UNIT

TOTAL

QTYS

UNIT PRICE *TOTAL COST

1 Mobilization 10-1.02 LS 1

2 Maintaining Traffic and Traffic Control 10-1.03 LS 1

3 Monument Preservation 10-1.06 LS 1

4 Water Pollution Control Program 10-1.04 LS 1

5 1/2" HMA (Type A) PG 64-10 10-1.09 TN 1,620

6 Remove & Replace HMA Dike (Type A) 10-1.09 LF 60

7 Remove & Replace HMA Dike (Type C) 10-1.09 LF 18

8 Fog Seal HMA Dike 10-1.17 LF 6,167

9 Remove & Replace 4" HMA 10-1.11 SF 8,796

10 Remove & Replace 5" HMA 10-1.11 SF 7,599

11 Remove & Replace 6" HMA 10-1.11 SF 465

12 Subgrade Stabilization (Allowance) 10-1.12 SF 1,686

13 Keycut A 10-1.10 LF 1,100

14 Keycut B 10-1.10 LF 78

15 Cold Plane 2" 10-1.10 SF 5,811

16 Cold Plane 2.5" 10-1.10 SF 81,635

17 Lower Manhole Cover 10-1.14 EA 2

18 Lower Survey Monument Cover 10-1.14 EA 7

19 Lower Water Valve Cover 10-1.14 EA 11

20 Adjust Manhole Cover to Finish Grade 10-1.14 EA 2

Adjust Survey Monument Cover to Finish Grade

10-1.14 EA 8

Adjust Water Valve Cover to Finish Grade

10-1.14 EA 11

23 Adjust Water Meter Box to Finish Grade 10-1.14 EA 1

24 Install Blue RPM at Fire Hydrant 10-1.15 EA 5

25 Striping Detail #22 (Thermo & Markers) 10-1.15 LF 2,674

Pavement Marking "STOP" Legend (Thermo)

10-1.15 EA 1

27 Shoulder Backing 10-1.16 LF 186

6 Bid Forms

TOTAL OF ALL ITEMS IN THE BASE BID:

(Price in figures)

(Price in words)

QUANTITIES OF WORK

The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the work. The Town does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit bid item by an amount up to twenty-five (25) percent increase or decrease without a change in the unit prices, and shall have the right to delete any bid items in its entirely and receive full credit in the amount shown in the Bid Schedule for the deleted item of work, except where stated otherwise herein.

If the Town elects to award a contract for performance of the project, the contract will be awarded in accordance with California Public Contract Code Section 20103.8 (a) to the responsible bidder submitting a responsive bid with the lowest BASE BID.

In the event a computational error for any bid item results in an incorrect extended total for that item, the submitted 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, and the amount entered on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule will be deemed the unit price.

This bid will be awarded based upon the TOTAL BID amount as written in words. Where there is a discrepancy between words and figures, WORDS WILL GOVERN.

7 Bid Forms

INFORMATION REQUIRED OF BIDDER

LIST OF SUBCONTRACTORS

As required under Section 4100, et. seq., of the Public Contract Code, the Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection.

Contractor Work License To Be Performed Number Percent Subcontractor's Name and Address

1.

2.

3.

4.

5.

6.

7.

8.

8 Bid Forms

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID

State of California ) ) ss.

County of ________ )

I, ________________________________, being first duly sworn, 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.

Bidder :

By :

Title :

Organization:

Address:

9 Bid Forms

BIDDER'S GENERAL INFORMATION

The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection.

1. BIDDER/CONTRACTOR'S Name and Street Address:

2. CONTRACTOR'S Telephone Number: ( )

Facsimile Number: ( )

3. CONTRACTOR'S License: Primary Classification

State License Number

Expiration Date

Supplemental License Classifications

Department of Industrial Relations Registration Number

4. Surety Company and Agent who will provide the required Bonds on this Contract:

Name of Surety

Address

Surety Company Agent

Telephone Numbers: Agent: ( ) Surety: ( )

5. The general contractor in combination with its subcontractors must have a minimum combination of:

A. Three (3) years of experience in resurfacing public streets with hot mix asphalt, and

B. Three (3) years of experience in performing base repairs on public streets, and

C. Successfully completed three (3) projects involving the placement of at least 1,500 tons of hot mix asphalt on public streets in each project. Total construction costs for each project must have been more than $500,000.

List: Each project, location, year of completion, contract amount, and client contact:

1.

2.

3.

10 Bid Forms

BID BOND

KNOW ALL MEN BY THESE PRESENTS,

That _________________________________ as Principal, and ______________________ as Surety, are held and firmly bound unto the Town of Portola Valley, hereinafter called the "Town" in the sum of dollars (not less than 10 percent of the total amount of the bid) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a bid to said Town to perform the Work required under the bidding schedule of the Town's Contract Documents entitled:

NOW THEREFORE, if said Principal is awarded a contract by said Town, and, within the time and in the manner required in the "Notice Inviting Bids" and the "Special Provisions" enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said Town and the Town, said Surety shall pay all costs incurred by said Town in such suit, including a reasonable attorney's fee to be fixed by the court.

SIGNED AND SEALED, this _______________ day of ________________________,20_________

___________________________________________________(SEAL)

___________________________________________________(SEAL)

___________________________________________________(SEAL)

(Principal)

___________________________________________________(SEAL)

(Surety)

By:_______________________________________________________ (Signature)

By:_______________________________________________________ (Signature)

(SEAL AND NOTARIAL

ACKNOWLEDGMENT OF SURETY)

11 Bid Forms

WORKER'S COMPENSATION CERTIFICATE

(AS REQUIRED BY SECTION 1861

OF THE CALIFORNIA LABOR CODE)

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor:

By:

Title:

AGREEMENT (Sample)

THIS AGREEMENT made this ___ ______day of _______________ __________ in the year 2022, by and between the Town of Portola Valley, a general law city, organized and existing in the County of San Mateo, under and by virtue of the laws of the State of California, hereinafter designated as the Town, and hereinafter designated as the CONTRACTOR.

The Town and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - THE WORK

The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the Town's Contract Documents entitled:

The work is generally described as follows:

The work to be done on this project consists, in general, of hot mix asphalt resurfacing and base repairs. The work includes preparing pavement surfaces prior to hot mix asphalt placement; removing existing traffic striping, pavement markings, and raised pavement markers; performing full-depth base repairs; cold planing; placement of hot mix asphalt materials;

lowering and adjustment of utility covers; reconstruction and fog sealing HMA dikes; street sweeping; installing new traffic striping, pavement markings, and raised pavement markers; perpetuating survey monumentation; implementing a water pollution control plan; maintaining traffic and furnishing traffic control throughout construction; and all appurtenant work thereto required by the Plans, the Standard Specifications, and these Special Provisions and as directed by the Public Works Director.

ARTICLE 2 - COMMENCEMENT AND COMPLETION

The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the TOWN and the Work shall be fully completed within the time specified in the Notice to Proceed.

The TOWN and the CONTRACTOR recognize that time is of the essence of this Agreement and that the TOWN will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with Article 8-1.07 of the Standard Specifications. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the TOWN if the Work is not completed on time.

Accordingly, instead of requiring any such proof, the TOWN and the CONTRACTOR agree that as liquidated damages or delay (but not as a penalty) the CONTRACTOR shall pay the TOWN the sum of $2,500 for each calendar day that expires after the time specified in Article 2, herein.

ARTICLE 3 - CONTRACT PRICE

The TOWN shall pay the CONTRACTOR for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s) named in the CONTRACTOR's accepted Bid and Bid Schedule(s).

ARTICLE 4 - THE CONTRACT DOCUMENTS

The Contract Documents consist of: Notice Inviting Bids, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Plans, and all Change

Orders, and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 - PAYMENT PROCEDURES

The CONTRACTOR shall submit Applications for Payment in accordance with Section 9 of the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the TOWN as provided in the Contract Documents.

ARTICLE 6 - NOTICES

Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice.

ARTICLE 7 – INDEMNITY

To the maximum extent permitted by law, the CONTRACTOR shall indemnify and save harmless the Town, and its elective or appointive boards, officers, employees agents and volunteers, from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person (including but not limited to employees of CONTRACTOR, of subcontractors, or of any other person, firm or entity and the public) or damage to property arising from any cause whatsoever during the progress of the work or at any time before its final completion and acceptance; or economic harm arising from any cause whatsoever during the progress of the work or at any time before its final completion and acceptance, excluding such injuries etc. caused by the sole negligence, willful misconduct, or active negligence of the Town or its representatives. The duty of the CONTRACTOR to indemnify and save harmless includes the duties to defend (by legal counsel satisfactory to the indemnitees) as set forth in Section 2778 of the Civil Code and to pay attorney’s fees and litigation costs required by such defense.

With respect to third party claims against CONTRACTOR, the CONTRACTOR waives any and all rights to any type of express or implied indemnity against the Town, and its elective or appointive boards, officers, employees, agents, and volunteers. It is the intent of the parties that the CONTRACTOR shall indemnify and hold harmless Town, and its elective or appointive boards, officers, employees agents and volunteers, from any and all claims, suits, or actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or negligence on the part of the Town, the CONTRACTOR, a subcontractor or employee of any of these, except that in no event shall CONBTRACTOR be required to indemnify for the sole negligence, willful misconduct, or active negligence of the Town, and its elective or appointive boards, officers, employees agents and volunteers.

ARTICLE 8 - MISCELLANEOUS

Terms used in this Agreement which are defined in Section 1 of the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

(Continued on next page)

The TOWN and the CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents.

IN WITNESS WHEREOF, the Town and the Contractor have caused this Agreement to be executed the day and year first above written.

TOWN OF PORTOLA VALLEY, CALIFORNIA

By Contractor:

Town Manager

By

Attest Title

Town Clerk (Seal) Attest

Address for giving Notice: Address for Giving Notice:

License No.

Approved as to Form: Agent for service of process:

Signature

PERFORMANCE BOND (Sample)

KNOW ALL MEN BY THESE PRESENTS,

That as Contractor, And as Surety, are held firmly bound unto the Town of Portola Valley, a general law City, organized and existing in the County of San Mateo, California, hereinafter called the "Town," in the sum of:

dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS said Contractor has been awarded and is about to enter into the attached Agreement with said Town to perform the Work as specified or indicated in the Contract Documents entitled:

NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void. Otherwise it shall remain in full force and effect.

PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. Said surety hereby waives the provisions of Sections 2819 and 2845 of the California Civil Code.

SIGNED AND SEALED, this ______ day of _____________________, 20 __.

Contractor Surety

By By

Title Title

(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)

See Special Provisions Section 7-2 for Insurance Requirements.

CERTIFICATE OF INSURANCE

ISSUE DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO

RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR

ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

COMPANIES AFFORDING COVERAGE

CO. LTR. A

INSURED CO. LTR. B

CO. LTR. C

CO. LTR. D

CO. LTR. E

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMIT SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO..

LTR.

TYPE OF INSURANCE

POLICY NUMBER

POLICY

EFFECTIVE

DATE

(MM/DD/YY)

POLICY

EXPIR.

DATE

(MM/DD/YY)

LIMITS

GENERAL LIABILITY GENERAL AGGREGATE $2,000,000

COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $2,000,000

CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $2,000,000

OWNER’S & CONTRACTORS PRO EACH OCCURRENCE $2,000,000

FIRE DAMAGE (Any one fire) $300,000

MED. EXPENSE (Any one person) $10,000

AUTOMOBILE LIABILITY COMBINED SINGLE $2,000,000

ANY AUTO LIMIT $

ALL OWNED AUTOS BODILY INJURY

SCHEDULED AUTOS (Per person) $

HIRED AUTOS BODILY INJURY

NON-OWNED AUTOS (Per accident) $

GARAGE LIABILITY PROPERTY DAMAGE

EXCESS LIABILITY

EACH OCCURRENCE $

AGGREGATE $

OTHER THAN UMBRELLA FORM

WORKER’S COMPENSATION

STATUTORY LIMITS

AND

EACH ACCIDENT $1,000,000

EMPLOYER’S LIABILITY

DISEASE - POLICY LIMIT $1,000,000

DISEASE - EACH EMPLOYEE $1,000,000

OTHER

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS

Additional insured: The Town of Portola Valley, and its employees, officers, agents, volunteers, and contractors

CERTIFICATE HOLDER CANCELLATION ; Ten Day Notice for Non-Payment of Premium

Town of Portola Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE

765 Portola Road THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL ____ DAYS

Portola Valley, CA 94028 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.

AUTHORIZED REPRESENTATIVE

PAYMENT BOND (Sample)

KNOW ALL MEN BY THESE PRESENTS,

That as Surety, are held firmly bound unto the Town of Portola Valley, a general law city, organized and existing in the County of San Mateo, State of California, hereinafter called the "Town," in the sum of:

dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Contractor has been awarded and is about to enter into the attached agreement with said Town to perform the Work as specified or indicated in the Contract Documents entitled:

NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment or other supplies used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment or other supplies, appliances or power used in, upon, for or about performance of the work contracted to be executed or performed, or any person, company or corporation renting or hiring implements or machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. Surety hereby waives the provisions of Sections 2819 and 2845 of the California Civil Code.

SIGNED AND SEALED, this ________ day of _______________________________, 20____.

Contractor Surety

By By

Title Title

(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)

18 Special Provisions

PART II - SPECIAL PROVISIONS

IN THE TOWN OF PORTOLA VALLEY

Section 1 Specifications and Plans

Section 2 Proposal Requirements and Conditions

Section 3 Award & Execution of Contract

Section 4 Scope of Work: Beginning of Work, Time of Completion, and Liquidated Damages

Section 5 Control of Work

Section 6 Control of Materials

Section 7 Legal Relations and Responsibility

Section 8 Prosecution and Progress

Section 9 Measurement and Payment

Section 10 Technical Provisions and Plan Sheets 1 through 5

19 Special Provisions

SPECIAL PROVISIONS

IN THE TOWN OF PORTOLA VALLEY

SECTION 1 - SPECIFICATIONS AND PLANS

1-1 GENERAL

Standard Specifications. - The Work hereunder shall be done in accordance with the Caltrans Standard Specifications dated 2025 and the Standard Plans dated 2025, of the California Department of Transportation (except where modified herein) and specified portions of reference specifications, insofar as the same may apply and in accordance with the following Special Provisions:

In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions.

1-1.01 Definitions and Terms:

Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read:

1-1.12 Days - As used in these Special Provisions, days shall mean calendar days.

1-1.13 Department – Public Works Department of the Town of Portola Valley, California.

1-1.15 Director – Public Works Director of the Town of Portola Valley, California.

1-1.18 Engineer – Public Works Director of the Town of Portola Valley, California. acting either directly or through the Resident Engineer, designee, or project inspector acting within the scope of the particular duties entrusted to them.

1-1.24 Highway - Highway, roadway, street, avenue, lane, boulevard, or other public thoroughfare for vehicular traffic.

1-1.26 Liquidated Damages - The amount prescribed in the specifications, pursuant to the authority of Government Code Section 53069.85, to be paid to the Town of Portola Valley or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions.

20 Special Provisions

1-1.29(A) Standard Plans - The Standard Plans of the Town of Portola Valley and the State of California Department of Transportation, as applicable and specified.

1-1.39 State - The Town of Portola Valley, California, a general law city, organized and in the County of San Mateo, State of California.

1-1.40 State Contract Act - All applicable provisions of the Public Contract Code (excluding Chapter 1, Division 2, Part 2, therein), Government Code, Labor Code, Civil Code, Business & Professions Code, as they apply to contracts with local public agencies, as defined in said codes.

1-2 PRELIMINARY MATTERS

1-2.01 Legal Address of the Town:

The official address of the Town shall be Town of Portola Valley, 765 Portola Road, Portola Valley, California 94028, or such other address as the Town may subsequently designate in written notice to the Contractor.

1-2.02 Legal Address of the Engineer:

The official address of the Engineer shall be Town of Portola Valley, 765 Portola Road, Portola Valley, California 94028, or such other address as the Engineer may subsequently designate in writing to the Contractor.

1-2.03 Legal Address of the Town's Project Representative:

The name and address of the Town's designated Project Representative shall be the Public Works Director, 765 Portola Road, Portola Valley, California 94028, or such other address as the Project Representative may subsequently designate in writing to the Contractor.

1-2.04 Notification:

The Contractor shall notify the Town of Portola Valley and the owners of all utilities and substructures not less than forty-eight (48) hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct:

UNDERGROUND SERVICE ALERT 811

Attention: Armando Lee, Project Manager (209) 429-0772

TELEPHONE

Attention: AT&T (510) 645-2929

WATER

Attention: Cal Water Service (650) 367-6800

GAS AND ELECTRIC

Attention: Pacific Gas & Electric (650) 598-7263

21 Special Provisions

CABLE TV

Attention: AT&T Cable (800) 945-2288

SEWER

Attention: West Bay Sanitary District (650) 321-0384

1-2.05 Emergency Information:

The names, addresses, and telephone numbers of the Contractor, sub-contractors, or their representatives, shall be filed with the Engineer at the pre-construction meeting.

-END OF SECTION-

22 Special Provisions

SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS

2-1.01 Plans and Specifications:

The contract plans furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the contract plans shall be in writing.

23 Special Provisions

SECTION 3 - AWARD & EXECUTION OF CONTRACT

The provisions of Section 3-1.05 of the Standard Specifications shall be changed to read as follows:

3-1.05 Contract Bonds (Pub Cont Code §§ 10221 And 10222). – “The successful bidder shall furnish two bonds for the contract. As required under Section 3247 of the Public Contract Code, the successful bidder shall furnish a Payment Bond; provided, that the bond shall be in the amount of 100 percent of the contract price to guarantee the payment of the claims of laborers, mechanics, or material men employed to work under the contract. In addition, the bidder shall furnish a Performance Bond in the amount of 100 percent of the contract price to guarantee the faithful performance of the contract.”

All alterations, extensions of time, extra and additional work, and other changes authorized by these specifications or any part of the contract may be made without securing the consent of the surety or sureties on the contract bonds.

24 Special Provisions

SECTION 4 - SCOPE OF WORK: BEGINNING OF WORK

Attention is directed to the provisions of Section 8-1.04, "Start of Job Site Activities," Section 8-1.05, "Time," and Section 8-1.10, "Liquidated Damages" of the Standard Specifications and these Special Provisions.

The Contractor shall begin work within ten (10) calendar days after a written Notice to Proceed has been issued to the Contractor.

Said Work shall be diligently prosecuted to completion before the expiration of:

THIRTY (30) WORKING DAYS

Beginning on the 10th calendar day after issuance of a written Notice to Proceed from the Town of Portola Valley. All work must be completed by October 30, 2026.

As set forth in the Agreement, the Contractor shall pay to the Town the sum of $2,500 per day for each and every calendar days’ delay in finishing the work in excess of the number of calendar days prescribed above and each day after October 30, 2026.

- END OF SECTION -

25 Special Provisions

SECTION 5 - CONTROL OF WORK

5-1.01 Warranty Performance Bond:

The Performance Bond furnished by the Contractor shall remain in force and effect, and shall not be exonerated for a period of one (1) year after the Town's acceptance of the project; or, at the Contractor's option in lieu thereof, the Contractor may furnish a Warranty Performance Bond prior to acceptance of the work, in a sum not less than ten (10) percent of the face amount of the contract, such bond to guarantee Contractor's performance of the obligation to repair or replace defective materials or workmanship as stated elsewhere in these provisions, and to remain in effect for a period of one (1) year from the date of Town's acceptance of the project. Nothing in this paragraph shall be deemed or construed to limit the Contractor's obligation of performance.

5-1.02 Access or Temporary Rights-of-Way:

All access or construction rights-of-way of a temporary nature, other than shown on the plans, or as provided for by previous negotiation by the Town, which the Contractor may find that is required during progress of the work, shall be arranged for and paid for entirely by the Contractor, at its own expense.

5-1.03 Protection of Survey Monuments:

It shall be the Contractor's responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes. Removal of such monuments, or displacement thereof, shall require their resetting per Town Standards for the existing type of monument at the Contractor's expense.

The existing survey monument shall not be disturbed. The Town will maintain a survey location check on the monument without cost to the Contractor.

Contractor is advised that monuments shall be protected and perpetuated in place. Monuments shall only be reset by the Town's survey crew. Should the Contractor anticipate removal of any survey monuments, it shall notify the Engineer before removal. The Contractor shall be financially responsible for reinstalling the monument well, and the Town's survey crew will reset the monument.

5-1.04 Surveying:

All construction staking and field marking for job limits, saw-cut lines and removals shall be done by the Contractor.

5-1.05 Authority of Engineer:

The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.

26 Special Provisions

5-1.06 Inspection:

The Engineer shall, at all times, have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Specifications, the Special Provisions, and the Plans. All work done and all materials furnished shall be subject to his or her inspection.

When the work has been completed, the Public Works Department will make the final inspection.

5-1.07 Addenda:

Any questions or comments that prospective bidders may have concerning the plans, specifications, or Special Provisions should be directed to the Engineer. Any written clarifications will be issued as addenda generated by the Engineer. Any addenda issued during the time of bidding shall be acknowledged as a part of the Contract Documents.

5-1.08 Site Examination:

Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the work, and the general and local conditions particularly, but without limitation to all other matters which can in any way affect the work or the cost thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable conditions will not relieve it from the responsibility for properly estimating either the difficulties or the costs of successfully performing the work.

5-1.09 Flow and Acceptance of Water:

It is anticipated that storm, surface or other waters will be encountered at various times during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that it has investigated the risk arising from such waters and has prepared its bid accordingly, and the Contractor submitting a bid shall assume all risk.

5-1.10 Prohibition Against Subcontracting or Assignment:

The experience, knowledge, capability and reputation of the Contractor, its principals and employees were a substantial inducement for the Town to enter into this Contract. Therefore, the Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Town. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without prior written approval of the Town. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25) percent of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express written consent of the Town.

5-1.11 Non-point Source Pollution Control Program:

The Contractor is advised that the Town of Portola Valley and all other municipal stormwater discharges in San Mateo County are co-permittees under the National Pollutant Discharge

27 Special Provisions

Elimination System (NPDES) Permit Number CA 0029921. This project prohibits the discharge of illicit discharge (non-rainwater) into the storm drain system. All work performed under this contract, and all Contractors and their associates and/or employees are required to comply with all applicable Storm Water regulations and to Implement BMPs at all times.

28 Special Provisions

SECTION 6 - CONTROL OF MATERIALS

6-1.01 Substitutions or Approved Equals:

Contractors requesting approval of "equal products" shall submit their request to the Engineer prior to award of contract. However, data substantiating such requests shall be submitted at the pre-construction meeting, if possible, or no later than twenty (20) calendar days after award of contract.

Data for approval of other materials shall include complete calculations, technical data, samples and/or printed materials relating to performance and physical characteristics of proposed substitutes.

Appearances of manufacturers, company names, details of products or services, or product names, in either plans or specifications, are specified or designated for reference only and do not constitute an endorsement of same by the Engineer or the Town.

6-1.02 Quantities:

Contractor shall submit, with its billing invoice, a corrected list of quantities, verified by the Engineer, for items shown in the unit price Bid Schedule.

6-1.03 Placing Orders:

The Contractor shall place the order(s) for all long-lead supplies, materials and equipment for any and all water, telephone, electrical, gas, sanitary sewer and traffic signal facilities within seventy-two (72) hours after the execution of contract by the Town.

The…