FY 24-25 Asphalt Paving Project Bid Documents and Specifications.pdf

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Attached to
FY 24-25 Asphalt Paving Project
Solicitation number
PW-25-02
Issued by
San Bernardino County, California

About this file

This document is a comprehensive set of bid documents and specifications for the City of Colton Public Works Department's Fiscal Year 2024-2025 Asphalt Paving Project in California. The project involves rubberized asphalt paving and pavement improvements across twenty different segment locations, including activities such as asphalt grinding, traffic signal loop installation, and pavement striping and markings. Bids are scheduled to be received by April 17, 2025, at 3:00 P.M., with a non-mandatory pre-bid conference on April 8, 2025, at 10:00 A.M. The project has a contract duration of 90 working days from the Notice to Proceed, with liquidated damages of $500 per day for delays. Bidders must possess a Class "A" contractor's license or a combination of licenses necessary to perform the work.

The project is funded through the City of Colton's public works budget, with an estimated total bid value to be determined through the competitive bidding process. Bidders are required to submit a bid guarantee of 10% of their total bid price, which can be in the form of cash, certified check, cashier's check, or bid bond. The successful bidder will be required to provide a performance bond and payment bond, each equal to 100% of the bid amount. Prevailing wage rates will apply, and the project must comply with state and federal labor regulations, including Davis-Bacon Act requirements. Bidders must also submit detailed documentation including a Storm Water Pollution Prevention Plan, construction schedule, and various certifications regarding workers' compensation, non-collusion, and subcontractor listings.

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BID PUBLISHED: March 28 & April 4, 2025 PRE-BID MEETING & JOB WALK: April 8, 2025, 10:00 A.M.

BIDS MUST BE RECEIVED BY: April 17, 2025, 3:00 P.M.

PLACE OF BID RECEIPT: City Clerk Office 650 N. La Cadena Dr.

Colton, CA 92324 BID OPENING DATE: April 17, 2025, 3:00 P.M.

BID OPENING LOCATION: City Council Conference Room

650 N La Cadena Dr Colton, CA 92324

PLANS AVAILABLE BY : March 28, 2025

CITY OF COLTON

PUBLIC WORKS DEPARTMENT

160 S 10TH STREET, COLTON, CA 92324

CONTRACT DOCUMENTS & SPECIFICATIONS

FOR:

FY 24-25 APHALT PAVING PROJECT

PUBLIC WORKS DEPARTMENT

CALIFORNIA

CONTRACT DOCUMENTS & SPECIFICATIONS FOR:

FY 24-25 ASPHALT PAVING PROJECT

Prepared By:

Karen Date Engineering Technician

Prepared Under the Supervision of:

Victor Ortiz, P.E. Date City Engineer

TABLE OF CONTENTS

Page No.

INSTRUCTIONS TO BIDDERS……………………………………………………………….…3

BID FORM……………………………………………………………………………………….10

BID SCHEDULE…………………………………………………………………………………11

CONTRACTOR’S CERTIFICATE REGARDING WORKERS COMPENSATION…………..19

BID BOND………………………………………………………………………………………..20

DESIGNATION OF SDUBCONTRACTORS…………………………………………………...22

INFORMATION REQUIRED OF BIDDERS……………………………………………………24

NON-COLLUSION AFFIDAVIT………………………………………………………………...31

CONTRACT………………………………………………………………………………………32

PERFORMANCE BOND…………………………………………………………………………35

PAYMENT BOND (LABOR AND MATERIALS)………………………………………………39

GENERAL CONDITIONS…………………………………………………………………….…..41

TECHNNICAL SPECIFICATIONS……………………………………………………………TS-1

SPECIAL SPECIFICATIONS…………………………………………………………………..SP-1

- i -

ARTICLE 1. DEFINITIONS .……………………………………………………………41

ARTICLE 2. CONTRACT DOCUMENTS

ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE

ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS

ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE

ARTICLE 6. SCHEDULE

ARTICLE 7. SUBSTITUTIONS

ARTICLE 8. SHOP DRAWINGS

ARTICLE 9. SUBMITTALS

ARTICLE 10. MATERIALS

ARTICLE 11. CONTRACTOR’S SUPERVISION

ARTICLE 12. WORKERS

ARTICLE 13. SUBCONTRACTORS

ARTICLE 14. PERMITS AND LICENSES

ARTICLE 15. UTILITY USAGE

ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES

ARTICLE 17. TRENCHES

ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS

ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS

ARTICLE 20. SANITARY FACILITIES

ARTICLE 21. AIR POLLUTION CONTROL

ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT

ARTICLE 23. CLEANING UP

ARTICLE 24. LAYOUT AND FIELD ENGINEERING

ARTICLE 25. EXCESSIVE NOISE

ARTICLE 26. TESTS AND INSPECTIONS

ARTICLE 27. PROTECTION OF WORK AND PROPERTY

ARTICLE 28. CONTRACTORS MEANS AND METHODS

ARTICLE 29. INSPECTOR’S FIELD OFFICE

ARTICLE 30. AUTHORIZED REPRESENTATIVES

ARTICLE 31. HOURS OF WORK

ARTICLE 32. PAYROLL RECORDS

ARTICLE 33. PREVAILING RATES OF WAGES

ARTICLE 34. EMPLOYMENT OF APPRENTICES

ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY

ARTICLE 36. LABOR/EMPLOYMENT SAFETY

ARTICLE 37. EMPLOYER’S LIABILITY INSURANCE

ARTICLE 38. COMMERCIAL GENERAL LIABILITY INSURANCE

ARTICLE 39. AUTOMOBILE LIABILITY INSURANCE

ARTICLE 40. BUILDER’S RISK [“ALL RISK”]

ARTICLE 41. FORM AND PROOF OF CARRIAGE OF INSURANCE

ARTICLE 42. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

ARTICLE 43. COST BREAKDOWN AND PERIODIC ESTIMATES

ARTICLE 44. MOBILIZATION

ARTICLE 45. PAYMENTS

ARTICLE 46. PAYMENTS WITHHELD AND BACKCHARGES

ARTICLE 47. CHANGES AND EXTRA WORK

ARTICLE 48. OCCUPANCY

ARTICLE 49. INDEMNIFICATION

- ii -

ARTICLE 50. RECORD (“AS BUILT”) DRAWINGS

ARTICLE 51. RESOLUTION OF CONSTRUCTION CLAIMS

ARTICLE 52. CITY’S RIGHT TO TERMINATE CONTRACT

ARTICLE 53. WARRANTY AND GUARANTEE

ARTICLE 54. DOCUMENT RETENTION & EXAMINATION

ARTICLE 55. SOILS INVESTIGATIONS

ARTICLE 56. SEPARATE CONTRACTS

ARTICLE 57. NOTICE AND SERVICE THEREOF

ARTICLE 58. NOTICE OF THIRD PARTY CLAIMS

ARTICLE 59. STATE LICENSE BOARD NOTICE

ARTICLE 60. INTEGRATION

ARTICLE 61. ASSIGNMENT

ARTICLE 62. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY

ARTICLE 63. ASSIGNMENT OF ANTITRUST ACTIONS

ARTICLE 64. PROHIBITED INTERESTS

ARTICLE 65. LAWS AND REGULATIONS

ARTICLE 66. PATENT FEES OR ROYALTIES

ARTICLE 67. OWNERSHIP OF DRAWING

ARTICLE 68. NOTICE OF TAXABLE POSSESSORY INTEREST

NOTICE INVITING BIDS

CITY OF COLTON

NOTICE INVITING BIDS

The City of Colton, Public Works Department ("City") will receive sealed bids for FY 24-25 Asphalt Paving Project at the office of the City Clerk (located at 650 North La Cadena Drive, Colton, California, 92324), no later than April 17, 2025, 3:00 P.M., Thursday, at which time or thereafter said bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be valid for 60 working days after the bid opening date.

Bids must be submitted on the City's Bid Forms. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted in a sealed envelope which is plainly marked on the outside with the following: "Attn.: Sealed Bid for FY 24- 25 Asphalt Paving Project. Do Not Open With Regular Mail".

WORK: The work consists of, but not limited to, rubberized asphalt paving and rubberized asphalt paving with fiber reinforcement, asphalt grinding, traffic signal loops, and pavement striping and markings. Twenty segment locations listed on the plans and specs.

It is strongly recommended that each potential bidder conduct a site visit prior to submitting any questions. A Non-Mandatory Pre-Bid Conference will be held at Corporate Yard Conference Room, 160 S. 10th Street, Colton, CA 92324 on the following date(s) and time(s): Tuesday, April 8, 2025, 10:00 AM.

QUESTIONS: All questions must be submitted in writing by 12:00 p.m. on Monday, April 14, 2025, to Jim McGivern via email: jmcgivern@coltonca.gov. Questions will not be received after this time.

Bids must be accompanied by cash, a certified or cashier's check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.

The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment (Labor and Materials) Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California. Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

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

mailto:jmcgivern@coltonca.gov

NOTICE INVITING BIDS

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor's license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: Bidders shall possess the following California Contractor's license in order to perform the Work of this Project:

Class "A" or a letter from Contractor's Licensing Board outlining the combination of various licenses necessary to perform all the work at the time the bid is submitted to the City.

Bidders may obtain a copy of the Contract Documents beginning March 28, 2025. Copies of the Bid Documents and Specifications can be obtained on the City of Colton’s Bidnet Direct Vendor portal website at : www.bidnetdirect.com//cityofcolton. Hard copies will not be mailed.

Bidders not listed on the Plan Holders List will not be accepted.

Published Date: March 28 & April 4, 2025 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bidnetdirect.com%2Fcityofcolton&data=05%7C02%7Cjmcgivern%40coltonca.gov%7C9ac5895680e14068a0b208dd6ae070f2%7C49e673fc5795423ca05715937425d282%7C0%7C0%7C638784234388688017%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=nHYHawkh%2BZcIzGnmWcumwVVx7knx%2Bp2Ik1VDOvynkos%3D&reserved=0

INSTRUCTIONS TO BIDDERS

CITY OF COLTON

PUBLIC WORKS DEPARTMENT

INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS

Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Contract Documents at no cost.

Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any applicable charges for the Contract Documents are outlined in the Notice Inviting Bids.

The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project.

2. EXAMINATION OF CONTRACT DOCUMENTS

The City has made copies of the Contract Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS

Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction to the City. Such submission, if any, must be sent to the Engineering Department by emailing to jmcgivern@coltonca.gov .

Any interpretation of the Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has purchased a set of Contract Documents.

The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK

Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Pre-Bid Conference and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.

5. ADDENDA

The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written Addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Each prospective bidder shall provide City a name, address and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of Addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each bidder should contact the Public Works Department to verify that he has received all Addenda issued, if any, prior to the bid opening.

6. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

7. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being deemed non-responsive.

8. MODIFICATIONS OF BIDS

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

9. DESIGNATION OF SUBCONTRACTORS

Pursuant to State law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the Bidder in an amount that exceeds one-half of one percent (1/2%) of the Bidder’s Total Bid Price or $10,000, as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form.

10. LICENSING REQUIREMENTS

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract.

Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) working days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

11. SIGNING OF BIDS

All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and

(2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom.

The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

12. BID GUARANTEE (BOND)

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier’s check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120.

The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) working days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to the City and the City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

13. SUBMISSION OF SEALED BIDS

Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by City as provided herein. The envelope shall also contain the following in the lower left-hand corner thereof:

Bid of (Bidder’s Name) for the FY 24-25 ASPHALT PAVING PROJECT

Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. The acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City reserves the right to not accept electronically transmitted bids where not specifically authorized in the Notice Inviting Bids, and may reject any bid not strictly complying with City’s designated methods for delivery.

DELIVERY AND OPENING OF BIDS

Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date and time shown therein. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids.

The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.

14. WITHDRAWAL OF BID

Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative.

15. BASIS OF AWARD; BALANCED BIDS

The City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. The City may reject any Bid which, in its opinion when compared to other bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work.

The City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

16. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID

No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the City. No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.

17. INSURANCE REQUIREMENTS

The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.

18. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment (Labor and Materials) Bond;

and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) consecutive working days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications.

Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) working days from the date of the notification.

Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.

19. FILING OF BID PROTESTS

Bidders may file a “protest” of a Bid with the City’s City Engineer. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) working days after the bid opening date;

B. Clearly identify the specific irregularity or accusation;

C. Clearly identify the specific City staff determination or recommendation being protested;

D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and

E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid.

If the protest is valid, the City’s City Engineer, or other designated City staff member, shall review the basis of the protest and all relevant information. The City Engineer will provide a written decision to the protestor. The protestor may then appeal the decision of the City Engineer to the City Manager.

20. WORKERS COMPENSATION

Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.

21. SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain ten percent (10%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

22. PREVAILING WAGES

The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available at Public Works Department or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

The requirements of the Davis-Bacon Act will apply to this project, and those requirements will be enforced. The prime contractor and subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis- Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project.”

A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification at the time of this advertisement, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supersede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening.

23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

24. PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS) BOND

REQUIREMENTS

Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the City four identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the City and included in the Contract Documents.

Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee.

The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Bid Price.

25. REQUEST FOR SUBSTITUTIONS

The successful bidder shall comply with the substitution request provisions set forth in the Special Conditions, including any deadlines for substitution requests which may occur prior to the bid opening date.

26. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

27. EXECUTION OF CONTRACT

As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.

END OF INSTRUCTIONS TO BIDDERS

BID FORM

BID FORM

NAME OF BIDDER:

The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following TOTAL BID PRICE:

BASE

BID

TOTAL BID PRICE

(IN WRITTEN FORM)

TOTAL BID PRICE

(IN NUMBERS)

TOTAL

BID PRICE

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

BID SCHEDULE

Item Item Description Unit Quantity Unit Price Amount 1 Mobilization LS 1 2 Water Pollution Control LS 1 3 Temporary Traffic Control LS 1

Sub-Total= $

11th Street - M Street to O Street

Item Item Description Unit Quantity Unit Price Amount

4 Grind 1-3/4 to 2-inch thick SF 24,250

ARHM-GG-C PG 64-16 (1-3/4 to 2-inch thick) Tons 293

6 Adjust manhole to grade EA 3 7 Adjust valve to grade EA 3 8 Center Line Ties EA 0

Remove & Replace Existing striping and markers w/Thermoplastic LS 1

Berkeley Court - Rosedale Street to End

10 Grind 1-3/4 to 2-inch thick SF 17,480

ARHM-GG-C PG 64-16 (1-3/4 to 2-inch thick) Tons 211

12 Adjust manhole to grade EA 2 13 Adjust valve to grade EA 2 14 Center Line Ties EA 3

Bordwell Avenue - Olive Street to Olive Street

16 Grind 1-3/4 to 2-inch thick SF 15,200

ARHM-GG-C PG 64-16 (1-3/4 to 2-inch thick) Tons 184

18 Adjust manhole to grade EA 2 19 Adjust valve to grade EA 3 20 Center Line Ties EA 1

Bordwell Avenue - Citrus Avenue to Johnston Street CAPE SEAL SYSTEM 1

22 4' Header Cut - 3/4" to 0" SF 11,700 23 Grind 1-3/4 to 2-inch thick SF 2,100

Construct 3/8" Asphalt Rubber Aggregate Membrane (ARAM) SY 5,435

C3 PG 64-10 Hot Mix Asphalt (1- 3/4 to 2-inch thick) Tons 26

Emulsion-Aggregate Slurry Type II w/ 2.5% Latex ELT 42

Remove & Replace Existing striping and markers w/Thermoplastic LS 1

28 Adjust manhole to grade EA 4 29 Adjust valve to grade EA 6 30 Center Line Ties EA 0

Cooley Drive - West end to Ashley Way

31 Grind 1-3/4 to 2-inch thick SF 145,520

ARHM-GG-C PG 64-16 w/ fiber reinf. (1-3/4 to 2-inch thick) Tons 1,759

33 Traffic Signal Loops EA 21 34 Adjust manhole to grade EA 8 35 Adjust valve to grade EA 8 36 Center Line Ties EA 2

D Street - 9th Street to La Cadena Drive

38 Grind 1-3/4 to 2-inch thick SF 20,190

ARHM-GG-C PG 64-16 (1-3/4 to 2-inch thick) Tons 244

40 Adjust manhole to grade EA 0 41 Adjust valve to grade EA 2 42 Center Line Ties EA 0

Fairview Avenue - Hillcrest Avenue to Grant Avenue Item Item Description Unit Quantity Unit Price Amount 44 Grind 1-3/4 to 2-inch thick SF 20,000

ARHM-GG-C PG 64-16 (1-3/4 to 2-inch thick) Tons 242

46 Adjust manhole to grade EA 3 47 Adjust valve to grade EA 4 48 Center Line Ties EA 1

Remove existing 6" curb, x-gutter & spandrel SF 267

Const. new 6" curb, x-gutter & Spandrels per city std 106 & 112 SF 500

Jantzen Drive - Citrus Avenue to Johnston Street CAPE SEAL SYSTEM 1

52 4' Header Cut - 3/4" to 0" SF 11,200

Construct 3/8" Asphalt Rubber Aggregate Membrane (ARAM) SY 4,280

Emulsion-Aggregate Slurry Type II w/ 2.5% Latex ELT 33

Remove & Replace Existing striping and markers w/Thermoplastic LS 1

56 Adjust manhole to grade EA 3 57 Adjust valve to grade EA 6 58 Center Line Ties EA 0

K Street - 3rd Street to 5th Street

59 Grind 1-3/4 to 2-inch thick SF 38,470

ARHM-GG-C PG 64-16 (1-3/4 to 2-inch thick) Tons 465

61 Adjust manhole to grade EA 1 62 Adjust valve to grade EA 1 63 Center Line Ties EA 0

La Cadena Drive (South) - I-215 onramp to 275 North Item Item Description Unit Quantity Unit Price Amount 65 Grind 1-3/4 to 2-inch thick SF 4,000

ARHM-GG-C PG 64-16 (1-3/4 to 2-inch thick) Tons 48

67 Traffic Signal Loops EA 0 68 Adjust manhole to grade EA 0 69 Adjust valve to grade EA 0 70 Center Line Ties EA 0

Laurel Street - Grand Avenue to Pennslyvania Avenue

72 Grind 1-3/4 to 2-inch thick SF 125,350

ARHM-GG-C PG 64-16 (1-3/4 to 2-inch thick) Tons 1,515

74 Traffic Signal Loops EA 8 75 Adjust manhole to grade EA 10 76 Adjust valve to grade EA 21 77 Center Line Ties EA 6

Olive Street - La Cadena Drive. to Bordwell Avenue

79 Grind 1-3/4 to 2-inch thick SF 39,800

ARHM-GG-C PG 64-16 (1-3/4 to 2-inch thick) Tons 481

81 Traffic Signal Loops EA 0 82 Adjust manhole to grade EA 4 83 Adjust valve to grade EA 4 84 Center Line Ties EA 0

Pepper Avenue - Randall Avenue to Violet Street CAPE SEAL SYSTEM 4

86 7' Header Cut - 3/4" to 0" SF 45,400

Const. 3/8" Asphalt Rubber Agg.

Membrane Interlayer (ARAMI) SY 23,920

Asphalt Rubber Hot Mix (ARHM) 1- 3/4 inch thick Tons 2,276

89 Traffic Signal Loops EA 43 90 Adjust manhole to grade EA 2 91 Adjust valve to grade EA 11 92 Center Line Ties EA 3

Remove & Replace Existing striping and markers w/Thermoplastic LS 1

Sawcut and remove existing asphalt and replace with 8” concrete over 6” agg. base. Slope to match existing. SF 1,165

Randall Avenue (South side) - Pepper Avenue to West City Limit

95 Grind 1-3/4 to 2-inch thick SF 58,950

ARHM-GG-C PG 64-16 w/ fiber reinf. (1-3/4 to 2-inch thick) Tons 712

97 Traffic Signal Loops EA 9 98 Adjust manhole to grade EA 4 99 Adjust valve to grade EA 13 100 Center Line Ties EA 1

Rialto Avenue - Citrus Avenue to Johnston Street CAPE SEAL SYSTEM 1

102 4' Header Cut - 3/4" to 0" SF 10,240

Construct 3/8" Asphalt Rubber Aggregate Membrane (ARAM) SY 4,260

Emulsion-Aggregate Slurry Type II w/ 2.5% Latex ELT 33

Remove Existing striping and raised pavement markers LS 1

106 Adjust manhole to grade EA 3 107 Adjust valve to grade EA 6 108 Center Line Ties EA 0

Riverside Avenue - Citrus Avenue to Johnston Street CAPE SEAL SYSTEM 1

109 4' Header Cut - 3/4" to 0" SF 11,150

Construct 3/8" Asphalt Rubber Aggregate Membrane (ARAM) SY 4,280

Emulsion-Aggregate Slurry Type II w/ 2.5% Latex ELT 33

Remove & Replace Existing striping and markers w/Thermoplastic LS 1

113 Adjust manhole to grade EA 3 114 Adjust valve to grade EA 6 115 Center Line Ties EA 0

Shasta Drive/Scenic Drive - Mt. Vernon Avenue to East End

116 Grind 1-3/4 to 2-inch thick SF 107,085

ARHM-GG-C PG 64-16 (1-3/4 to 2-inch thick) Tons 1,294

118 Adjust manhole to grade EA 12 119 Adjust valve to grade EA 13 120 Center Line Ties EA 10

Virginia Drive - Citrus Avenue to Johnston Street CAPE SEAL SYSTEM 1

122 4' Header Cut - 3/4" to 0" SF 10,750

Construct 3/8" Asphalt Rubber Aggregate Membrane (ARAM) SY 4,230

Emulsion-Aggregate Slurry Type II w/ 2.5% Latex ELT 32 and markers w/Thermoplastic EA 1

126 Adjust manhole to grade EA 3 127 Adjust valve to grade EA 6 128 Center Line Ties EA 0

Alley - From Larch Avenue to Mt. Vernon Avenue - (Between Palm Dr. & Olive St.)

129 Grind 1-3/4 to 2-inch thick SF 2,940

C3 PG 64-10 Hot Mix Asphalt (1- 3/4 to 2-inch thick) Tons 36

Alley - From La Cadena Drive to Parking Lot - (Between W. 'M' St. & W. 'N' St.)

Item Item Description Unit Quantity Unit Price Amount 131 Grind 1-3/4 to 2-inch thick SF 3,520

3/4 to 2-inch thick)d Tons 43

Alley - From 4th Street to Pennsylvania Avenue - (Between Valley Blvd. & W. 'J' St.)

Item Item Description Unit Quantity Unit Price Amount 133 Grind 1-3/4 to 2-inch thick SF 8,740

3/4 to 2-inch thick) Tons 106

City Hall Parking Lot

135 Grind 1-3/4 to 2-inch thick SF 28,900

C3 PG 64-10 Hot Mix Asphalt (1- 3/4 to 2-inch thick) Tons 349

137 Adjust manhole to grade EA 0 138 Adjust valve to grade EA 2

Remove existing and Install New Wheel Stops EA 15

Total Bid Price in Numbers

In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price. In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of working days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

The Contract duration shall commence on the date stated in the City’s Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in the City’s Notice to Proceed.

Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors, License No. _________, Expiration Date _______, class of license _____. If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.

1. Addenda No. __________thru _____________

2. Attached is the required bid security in the amount of not less than 10% of the Total Bid

Price.

3. Attached is the fully executed Non-Collusion Affidavit form.

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.

7. Bidder acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of Bidder

Signature

Name and Title

Dated

CONTRACTOR’S CERTIFICATE REGARDING

WORKERS’ COMPENSATION

CONTRACTOR’S CERTIFICATE REGARDING

WORKERS’ COMPENSATION

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

Name of Bidder

Signature

Name

Title

BID BOND

BID BOND

The makers of this bond are, _____________________________ ______________________________________________, as Principal, and __________________________________________________________, as Surety and are held and firmly bound unto the City of Colton, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated ____________, 2025, for FY 24-25 ASPHALT PAVING PROJECT.

If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 2025, the name and corporate seal of each corporation.

(Corporate Seal) Principal

By

(Corporate Seal) Surety

By Attorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title

BID BOND

STATE OF CALIFORNIA )

) ss.

CITY OF ___________ )

On this ________ day of ___________________, in the year 2025, before me, ___________________________, a Notary Public in and for said state, personally appeared _________________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he subscribed the name of the ___________________________ (Surety) thereto and his own name as Attorney-In-Fact.

Notary Public in and for said State

(SEAL)

Commission expires: _______________

NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

DESIGNATION OF SUBCONTRACTORS

DESIGNATION OF SUBCONTRACTORS

In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater if the work involves streets or highways, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

Portion of the Work Subcontractor Location of Business % of the Work

DESIGNATION OF SUBCONTRACTORS

Portion of the Work Subcontractor Location of Business % of the Work

Name of Bidder

Signature

Name and Title

INFORMATION REQUIRED OF BIDDERS

INFORMATION REQUIRED OF BIDDERS

A. INFORMATION ABOUT BIDDER

[**Indicate not applicable (“N/A”) where appropriate.**]

NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________

Facsimile Number and email Telephone Number

4.0 How many years has Bidder’s organization been in business as a Contractor?

5.0 How many years has Bidder’s organization been in business under its present name?

5.1 Under what other or former names has Bidder’s organization operated?:_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

7.2 Name and address of all partners (state whether general or limited partnership):

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

9.0 List other states in which Bidder’s organization is legally qualified to do business.

10.0 What type of work does the Bidder normally perform with its own forces?

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

14.0 List Trade References:

15.0 List Bank References (Bank and Branch Address):

16.0 Name of Bonding Company and Name and Address of Agent:

17.0 DIR Information:

B. LIST OF CURRENT PROJECTS (Backlog)

[**Duplicate Page if needed for listing additional current projects.**]

Project Description of Bidder’s Work

Completion Date

Cost of Bidder’s Work

Contact Name & Phone

C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS

[**Duplicate Page if needed for listing additional completed projects.**]

Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Description of Bidder’s Work

Period of Performance

Cost of Bidder’s Work

Contact Name & Phone

D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE

Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Additional Bidder’s Statements:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

E. VERIFICATION AND EXECUTION

These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder

Signature

Name

NON-COLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT

I, , being first duly sworn, deposes and says that he is of ______________________ the party making the attached 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,…

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