Tennis_Court_Resurfacing.pdf

COMMUNITY SERVICES DEPARTMENT

PROJECT TITLE: TENNIS COURT RESURFACING

INVITATION FOR BIDS (IFB) NUMBER: 197312

IFB DUE DATE: May 13, 2026, BEFORE 3:00 pm

IFB AVAILABLE AT: https://procurement.opengov.com/portal/palo-alto-ca

FOR CONTRACT DOCUMENTS AND INFORMATION CONTACT:

PURCHASING AND CONTRACT ADMINISTRATION AT (650) 329-2271

https://procurement.opengov.com/portal/palo-alto-ca

Invitation for Bids (IFB) #197312 1 Tennis Court Resurfacing

TABLE OF CONTENTS

Part 1 Introduction

Part 2 Invitation For Bid

Part 3 Instructions to Bidders

Part 4 Description of Work

Part 5 General Conditions

Part 6 Special Provisions

Part 7 Technical Specifications

Part 8 Appendices

Part 9 Project Drawings

Part 10 Bid Form

Part 11 Bidder Questionnaire

Attachments:

A - Construction Contract, General Conditions, and Change Orders

B - Bidders Questionaire

C - Payment_Bond (1)

D - Performance_Bond (1)

E - SPECS - TENNIS COURT RESURFACING

F - SCOPE OF WORK

G - Bid Bond Form

Invitation for Bids (IFB) #197312 2

1. INTRODUCTION

1.1. Summary

The City is seeking a licensed contractor to resurface the tennis courts at our Hopkins and Hoover court locations.

Hopkins (asphalt) - Overlay resurfacing The scope consists of:

A. Site preparation, clearing, and restoration, B. Traffic control, C. Control of sediment and erosion, D. Temporary Construction staging area, E. Concrete wash out area, F. Protection of existing park facilities, amenities and utilities, G. Removal and disposal of the existing (3) three sets of tennis court net posts, netting, and windscreens and windscreen hardware.

H. Remove and burn seeds?

I. If Petromat is found during the project, the contractor is responsible for removal and disposal of the Petromat.

J. 2” thick asphalt overlay installation of tennis court asphalt pavement for (3) three tennis courts.

K. 4ft feathered edge asphalt tapered down from courts toward fence line. This will help accommodate the raised court height in relation to the fence line.

L. Remove existing pathways on the Southern and Western sides of the courts.

Replace pathways with new asphalt-paved pathways. New pathways shall be 2” thick.

A. Pathway on the southern edge of the courts, along the parking lot to be 6.5’x130’.

B. Pathway on the Western edge of the courts, parallel to Newell Road, to be 6’x130’.

M. Patch all cracks using acrylic patch material. Sand patches to be smooth. Approximately 200

Linear Feet or cracks to be patched.

N. Approximately 200 LF of Polypave Court Shield over patched surface cracks.

O. Dewatering, drainage, and disposal

P. Tree protection, Invitation for Bids (IFB) #197312 3

Q. Repair and reconnection of existing chain link fencing if it becomes damaged during project or needs to be raised to accommodate overlay, R. Repair concrete and asphalt pathways if they become damaged during project

S. Irrigation repair if it becomes damaged during project

T. Installation of tennis court color acrylic coatings and striping for (3) three tennis courts to match existing (striping) layout, U. Installation of new tennis equipment including tennis net posts (winder and dead side), ground sockets with vandal proof caps and tennis nets

V. Installation of two (2) new benches at existing bench locations on the court.

W. Record keeping of submittals and performance testing, X. Submittal of all operation and maintenance manuals.

Hopkins (asphalt) - Overlay resurfacing

The scope consists of:

A. Site preparation, clearing, and restoration, B. Traffic control, C. Control of sediment and erosion, D. Temporary Construction staging area, E. Concrete wash out area, F. Protection of existing park facilities, amenities and utilities, G. Installation of approximately 150 Linear Feet of crack fabric over surface cracks. See Figure C.

H. New acrylic resurfacing of tennis court asphalt pavement for (2) two tennis courts.

I. Replace existing 4 ft x 2 ft asphalt apron at South court entrance in-kind. (Figure D)

J. Dewatering, drainage, and disposal, K. Tree protection, L. Repair and reconnection of existing chain link fencing if it becomes damaged during project

M. Repair concrete and asphalt pathways if they become damaged during project

N. Repair natural turf and sod if they become damaged during project

O. Irrigation repair if it becomes damaged during project

Invitation for Bids (IFB) #197312 4

P. Installation of tennis court color acrylic coatings and striping for (2) two tennis courts to match existing (striping) layout, Q. Record keeping of submittals and performance testing, R. Submittal of all operation and maintenance manuals.

1.2. Contact Information

Albert Lujan

Contract Administrator

Email: albert.lujan@paloalto.gov

Phone: (650) 463-4954

Department:

Community Services

2. INVITATION FOR BID

Friday, April 17, 2026

The City of Palo Alto, Purchasing and Contract Administration, requests a Bid on behalf of the Community Services Department, Community Services Division for Tennis Court Resurfacing.

This Invitation for Bids Summary is not intended to be exclusive and the entire Invitation for Bids (IFB)

Package must be reviewed prior to submitting a Bid.

2.1. Bid Submittal Information

Bids shall be submitted electronically through the City’s electronic procurement system at:

https://procurement.opengov.com/portal/palo-alto-ca

Bids must be received by no later than 3:00 pm on Wednesday, May 13, 2026. All bids received after that time will be returned to the Bidder, as they will be deemed disqualified.

The City hereby provides notice of California Labor Code section 1771.1(a), which reads:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section

10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

Please note:

If the City is unable to confirm that the bidder/contractor’s DIR registration is current, the City may disqualify the bidder in accordance with applicable law including but not limited to Labor Code section

1725.5.

mailto:albert.lujan@paloalto.gov tel:(650)463-4954

Invitation for Bids (IFB) #197312 5

2.2. Verification of Contractor's License

The City will verify the status of the contractor’s license by checking the Contractor’ State License Board

(www.cslb.ca.gov). The contractor's license and business must match. This verification includes information on any outstanding Board disciplinary action pending against the contractor.

2.3. Contract Documents

Contract Documents are available through the City of Palo Alto’s Purchasing and Contract

Administration bid portal at: https://procurement.opengov.com/portal/palo-alto-ca

2.4. ADA Information

Persons with Disabilities who require auxiliary aids or other services in using City facilities, services or programs; or who require this document be provided in other accessible formats; or who would like information on City's compliance with Americans with Disabilities Act (ADA) of 1990 should contact: ADA

Coordinator, City of Palo Alto, 650-329-2550 (Voice) or by email at ada@Cityofpaloalto.org

2.5. Project Schedule

It is anticipated that Work on the Project will be required to commence on or about 05/18/2026.

The anticipated time of completion is no later than 12/31/2026.

Nothing in this provision is intended to bind the City to require commencement of the Work by the preceding time.

2.6. Contractor's License Type

The prime contractor for this work shall possess a valid State of California Contractor’s License in the following category or categories:

• Class A

2.7. Posting of Bid Security

For all Bids greater than $25,000, Bidders shall submit a Bid security in the amount of not less than ten percent (10%) of the aggregate amount of the Bid including all Bid Alternates. Bid security shall be submitted on or before the Bid due date, in accordance with the Bid Security section of this IFB.

3. INSTRUCTIONS TO BIDDERS

The below instructions to Bidders includes requirements for submitting a Bid for this Project.

3.1. Solicitation of Bids

Bids shall be submitted through the City’s electronic procurement system (OpenGov) in accordance with the "Bid Submittals" section below. Any Bid which is attempted to be delivered or which is received after the stated time shall be deemed non-responsive and rejected. The Bidder shall have the sole and exclusive responsibility for ensuring that a Bid is received by the time stated herein. Any Bid that is incomplete, unclear, or that fails to fully comply with the applicable requirements set forth herein, including, but not limited to, use of the forms provided by the City, may be rejected as nonresponsive.

https://www.cslb.ca.gov/ https://procurement.opengov.com/portal/palo-alto-ca mailto:ada@Cityofpaloalto.org

Invitation for Bids (IFB) #197312 6

3.2. Responsibility of Bidder

A Bid shall be submitted at the sole cost and expense of the Bidder and, in submitting such Bid to the

City, the Bidder waives any claim or demand against the City which the Bidder may have for any direct or indirect cost or expense of preparing and submitting such Bid.

3.3. Bid Security

For all bids in excess of $25,000, Bid security in the amount of not less than ten percent (10%) of the aggregate amount of the Bid, including all Bid Alternates, is required. Bid security shall be submitted as either surety bond substantially in the form attached to this IFB, or delivered separately on or before the

Bid due date in the form of a certified check or cashier's check with reference to this Bid number and project name. The Bid Security of Bidders who do not qualify as the lowest responsible bidder shall be returned to such Bidders no later than sixty (60) days from the date of award of contract unless extended by written agreement.

3.4. Bid Submittals

Bid Form and Bidder’s Documents

Bids must be submitted though the City’s electronic procurement system. Bidder must complete all required items in full. In addition, the Bidder shall attach (i.e. upload) completed versions of all supplied documents or documents and information noted as required including all other documents required in this IFB (collectively, the “Bidder’s Documents”). The Bidder will ensure that the information the Bidder inputs into the electronic procurement system matches the information on the Bidder’s Documents it uploads to the electronic procurement system. Any conflict or discrepancy will be resolved as provided in the below subsection called "Requirements and Order of Precedence".

Bidder’s Questionnaire

Each Bid must be accompanied by a completed, executed Bidder’s Questionnaire using the form provided in these Contract Documents. Submission of a Bidder’s Questionnaire containing false or incomplete information may be grounds for rejection of the Bid as non-responsive and/or disqualification of the Bidder as not responsible.

Requirements and Order of Precedence

In the event of any conflict or discrepancy between any requirements provided in this IFB (including but not limited to bid submittal requirements) and any requirements that may be stated in the City’s electronic procurement system, the requirements of this IFB will control. In the event of any conflict or discrepancy between information included on (or omitted from) the Bid Form or Bidder’s Documents uploaded to the City’s electronic procurement system and any information inputted into the City’s electronic procurement system, the information included on (or omitted from) the uploaded Bid Form or Bidder’s Documents will control. For clarity, the Bidder’s Documents uploaded into the electronic procurement system constitute a Bidder’s Bid, whereas the information a Bidder inputs into the electronic procurement system is for administrative convenience and will not control over the uploaded

Bidder’s Documents in event of a conflict or discrepancy.

3.5. Bid Authorization

Any person logging into the electronic procurement system to execute an e-Bid or any other e-document required by the City must be authorized, either in a personal or representative capacity, to access and submit such bid documents. If the person does business under his or her own name, that

Invitation for Bids (IFB) #197312 7 person shall login under his or her own login as authorized by the City’s electronic procurement system provider. If the person does business under a fictitious business name, that person shall login under his or her own login as authorized by the electronic procurement system provider. If the person logs in for and on behalf of a partnership, the person shall do so with his or her authority to sign/login under his or her own login as authorized by the electronic procurement system provider.

3.6. Alternate Bids

No alternate Bid shall be accepted or considered by the City, unless the City solicits an alternate Bid.

3.7. Add Alternates

All solicited alternate Bids shall be bid, whether additive or deductive. If the Bidder proposes no change in the base Bid, then the Bidder shall state "NO CHANGE" in the space provided.

3.8. Withdrawal of Bid

Prior to the date and time set for the opening of Bids, a Bidder who has submitted a bid and accepted the terms and conditions in the City’s electronic procurement system, may withdraw its bid by clicking

“Unsubmit” at any time before the deadline for the receipt of Bids as specified in the IFB. No Bidder may withdraw its Bid for a period of ninety (90) days after the date set for the opening of Bids or until the

City returns the Bid Security, subject to applicable California Law and Palo Alto Municipal Code Section

2.30.460(c), whichever occurs first.

3.9. Request(s) for Clarification

Any Bidder may submit to the Contract Administrator for this IFB a written request for the clarification of any aspect of the Project Specifications or any other related information, or part thereof, which is a part of the IFB. Such request shall be submitted electronically via the City’s electronic procurement system's Q&A function. Such requests shall no longer be submitted as of 3:00 pm on Wednesday, April

22, 2026. The City shall electronically respond using the online procurement system at least three (3)

Business Days prior to the opening of Bids. The City reserves the right to issue an addendum or addenda per the "Addenda" section of these Instructions to Bidders within this IFB.

3.10. Interest in More Than One Bid

Unless the City provides otherwise, no person shall be permitted to submit or be interested in more than one Bid for the same public works project. A person may submit a price to more than one Bidder as a subcontractor or materials supplier without violating this prohibition.

3.11. Addenda

The City reserves the right to issue a written Addendum or Addenda to the electronic solicitation prior to the bid closing date and time. During the Bid process there may be changes to the Contract

Documents, which would require an issuance of an addendum or Addenda. City disclaims any and all liability for loss, or damage to any Bidder who does not receive any addendum issued by City in connection with this IFB. Any Bidder by submitting a Bid waives any and all claims and demands Bidder may have against City on account of the failure of delivery of any such Addendum to Bidder. Any and all

Addenda issued by City shall be deemed included in this IFB, and the provisions and instructions therein contained shall be incorporated into any Bid submitted by Bidder.

Invitation for Bids (IFB) #197312 8

3.12. Specifications

The Plans, Specifications and Scope of Work have been prepared to describe the standard of quality, performance, and other characteristics needed to meet City requirements. In accordance with Public

Contract Code Section 3400, unless otherwise specified, the City will accept alternate proposals of a designated material, product, thing, service, "or equal", and will determine if such alternate proposals are satisfactory in meeting a mandatory requirement or specification and if the proposed alternate meets the intent of the original mandatory requirement. The City reserves the right in its sole discretion to reject any alternate proposals that do not meet the specifications.

In addition, if specified below, pursuant to Public Contract Code Section 3400(c), the City has found that the following specific brands are required for the following particular material(s), product(s), thing(s), or service(s), and no substitutions will be considered or accepted:

6.1 Manufacturer

• California Products Corporation – Plexipave System

6.2 COURT SURFACING MATERIALS (Integrated List)

Surface Preparation

• Plexipave Crack Filler o 100% acrylic resin, sand-filled o Min. solids: 85% o Weight: ~15 lbs/gal

• Court Patch Binder o 100% acrylic resin + Portland cement + silica sand o Min. solids: 46% o Weight: 8.7–8.9 lbs/gal

Resurfacing Layer

• California Acrylic Resurfacer o 100% acrylic resin (no vinyl) o ≥3.5% attapulgite o Min. solids: 26.7%

Color System (Combined System Requirement)

Invitation for Bids (IFB) #197312 9

• Plexipave Color Base o 100% acrylic resin o ≤63% rounded silica sand o Min. solids: 74%

• Plexichrome o 100% acrylic resin o Light-fast pigments o Green contains ≥8% chrome oxide o Min. solids: 36.5%

• System Note:

Plexichrome and Plexipave Color Base shall be mechanically blended on-site to create the Fortified Plexipave system.

Line Striping

• California Line Paint o 100% acrylic resin o No alkyds or vinyl o Rounded silica sand texture o Min. solids: 60.5%

General Material Requirements

• VOC: ≥100 g/L (EPA Method 24)

• No local sand allowed in color system

• All sand factory-controlled

6.3 COURT EQUIPMENT (Integrated)

Tennis Posts

• Har-Tru Advantage Round External Wind Posts o 2 7/8" diameter

Invitation for Bids (IFB) #197312 10 o Schedule 80 aluminum o External reel with safety guard o Powder-coated finish

Tennis Net

• Edwards 40LS Tennis Net o 3.5 mm braided polyethylene o Double mesh top (6 rows) o Heavy-duty UV-treated headband o 42 ft regulation length o 5/8" fiberglass dowels o Weather-resistant o 5-year warranty

Court Furnishings

HAR-TRU Multi-purpose Bench – White

3.13. Prevailing Wages

This Project is subject to prevailing wages and related requirements as a “public works” under

California Labor Code Sections 1720 et seq. and related regulations. Contractor is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to

Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial

Relations (“DIR”). Copies of these rates may be obtained at the City’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, website (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time.

Contractor shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with all applicable provisions of

Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including, but not limited to, Sections 1720, 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to

Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time.

http://www.dir.ca.gov/DLSR/PWD/index.htm

Invitation for Bids (IFB) #197312 11

3.14. General Notice to Contractor

City requires Contractor and its Subcontractors to comply with all applicable requirements of the

California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of

Regulations Section 16000 et seq., as amended from time to time. Additional information regarding public works and prevailing wage requirements is available on the DIR website (see e.g.

http://www.dir.ca.gov) as amended from time to time.

3.15. Labor Code Section 1771.1(a)

City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

3.16. DIR Registration Required

City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its Subcontractors are registered with the California Department of Industrial

Relations (“DIR”) to perform public work, subject to limited exceptions.

3.17. Posting of Job Site Notices and Compliance Monitoring

City gives notice to Contractor and its Subcontractors that Contractor is required to post all job site notices prescribed by law or regulation and Contractor is subject to compliance monitoring and enforcement by DIR.

3.18. Certified Payroll

Contractor shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).

City requires Contractor and its Subcontractors to comply with the requirements of Labor Code section

1776, including but not limited to:

A. Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its Subcontractors, in connection with the Project.

B. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its Subcontractors, respectively.

http://www.dir.ca.gov/

Invitation for Bids (IFB) #197312 12

C. At the request of City, acting by its Project Manager, Contractor and its Subcontractors shall make the certified payroll records available for inspection or furnished upon request to the

City’s Project Manager within ten (10) days of receipt of City’s request.

D. If the certified payroll records are not provided as required within the 10-day period, then

Contractor and its Subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof.

E. Inform the City’s Project Manager of the location of Contractor’s and its Subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the City’s Project Manager within five (5) business days of any change of location of those payroll records.

3.19. Employment of Apprentices

Contractor shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.

3.20. Pre-Bid Conference and Site Walk

Attendance. The Invitation for Bids informs the Bidders whether a pre-Bid Conference and/or site walk will be held and whether attendance is mandatory. A BID SUBMITTED BY A BIDDER WHO FAILS TO

ATTEND A MANDATORY PRE-BID CONFERENCE OR SITE WALK MAY BE DEEMED NON-RESPONSIVE

AND RETURNED TO THE BIDDER.

3.21. Pre-Bid Investigation

General. Each Bidder is solely responsible at its sole expense for diligent and thorough review of the

Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid proposal. Each Bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, Bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City.

Document Review. Each Bidder is responsible for review of the Contract Documents and any informational documents provided for reference only, e.g., as-builts, technical reports, test data, and the like. A Bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than the date and time noted for the deadline to submit questions (See Section entitled “Requests for Clarification,” of these Instructions to Bidders of this IFB). City expressly disclaims responsibility for assumptions a Bidder might draw from the presence or absence of information provided by City.

Invitation for Bids (IFB) #197312 13

Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in the Section entitled “Requests for

Clarification” of these Instructions to Bidders of this IFB. Any subsurface exploration at the Project site must be done at the Bidder’s expense, but only with prior written authorization from City. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The Bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during Project construction will not be considered changed Project site conditions. Actual locations and depths must be determined by Bidder’s field investigation. If the Bidder’s performance of the work may require disturbing or interacting with subsurface facilities, Bidder shall request access to underlying or background information on the Project site in City’s possession that is necessary for the Bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures.

Utility Company Standards. The Project must be completed in a manner that satisfies all applicable City of Palo Alto Utilities Department’s utility standards and requirements, as well as those of any other affected utility companies or agencies (collectively, “utility owners”). The successful Bidder may be required by the City of Palo Alto Utilities and/or any other affected utility owner(s) to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the City of Palo Alto

Utilities Department and any other affected utility owner(s) about their requirements before submitting a Bid proposal as specified in the Section entitled “Requests for Clarification” of these Instructions to

Bidders of this IFB.

3.22. Opening of Bids

Electronic Opening. All Bidders and members of the public may view bid results in the electronic procurement system after bid closing. The City reserves the right to change the originally scheduled Bid date and time to a later date and time by issuing an electronic Addendum to that effect. Any and all Bids received by the City on or before the deadline shall be accepted by the electronic procurement system on the date scheduled for the opening of Bids, with the apparent bid results posted upon completion of compiling bids by the electronic procurement system, subject to Section entitled "Requirements and

Order of Precedence" of these Instructions to Bidders of this IFB.

Announcements. The public reading of Bids received by the City shall include the announcement of the name of each Bidder and the total amount of each Bidder's Bid, and any other information as the City may deem appropriate. The City may note any Bid irregularity at the time of announcement.

3.23. Criteria for Determination of Lowest Responsible Bidder

Subject to the conditions of this IFB, the City will award the contract, if an award is made, to the lowest responsive and responsible Bidder. In determining whether the Bidder is responsible, the City will use the criteria set forth in Palo Alto Municipal Code Section 2.30.440, as set forth below:

• The bidder must have the ability, capacity, experience and skill to perform the work, or provide the goods and/or services in accordance with the bid specifications

Invitation for Bids (IFB) #197312 14

• The bidder must have the ability to perform the contract within the time specified

• The bidder must have the equipment, facilities and resources of such capacity and location to enable the bidder to perform the contract

• The bidder must have the ability to provide, as required, future maintenance, repair, parts and service for the use of goods purchased

• The bidder must have a record of satisfactory or better performance under prior contracts with the city or others

• The bidder must have complied with applicable laws, regulations, policies (including city council policies), guidelines and orders governing prior or existing contracts performed by the bidder

The City may make any investigations it deems necessary to determine if a bidder is responsive and responsible. The City will afford a bidder determined not to be responsible an opportunity to appeal the determination in accordance with the Protest Procedure in the City of Palo Alto Purchasing Manual and the requirements of state law.

3.24. Determination of Lowest Bid

(1) Supplemental Unit Pricing: "Supplemental Unit Pricing” means binding unit pricing provided for supplemental work that may or may not be required depending on circumstances that may arise following award of the Contract, as further specified in the Contract Documents, including the Bid Form and the Special Provisions. If Supplemental Unit Pricing is required for this Bid, as further specified in the

Bid Form, the lowest Bid shall be the lowest total of the Base Bid and the total Supplemental Unit Pricing

(regardless of whether the Supplemental Unit Pricing scope is ever used for the Project), solely for purposes of determining the lowest Bid. If the Project includes Bid Alternates as well, the Supplemental

Unit Pricing will be added to the Base Bid amount solely for determining the low Bid pursuant to subsection (2) below. The Supplemental Unit Pricing will not be included in the Contract Sum when the

Contract is awarded.

(2) Bid Alternates: If additive or deductive Alternates are included in the Bid, pursuant to Public

Contract Code Section 20103.8, the following method will be used to determine the lowest Bid:

• The lowest bid shall be the lowest Base Bid without consideration of the prices on the Additive and Deductive Alternate items.

Regardless of the method for determining the lowest price, the City can add to or deduct from the contract any of the additive or deductive items after the lowest Bid has been determined.

3.25. Waiver of Minor Irregularities

The City may exercise its discretion to waive minor irregularities, defects or informalities in the Bids, so long as the waiver would not affect the amount of the Bid or give the Bidder an advantage over others.

3.26. Bid Discrepancies

In the case of a discrepancy between an item price and the corresponding unit price multiplied by the corresponding estimated quantity, the unit price multiplied by the estimated quantity shall govern. In

Invitation for Bids (IFB) #197312 15 the case of discrepancy between the actual arithmetic total of all items and the total stated by the

Bidder, the actual arithmetic total shall govern.

3.27. Bid Protest Process

Any bid protests shall be governed by the Protest Procedure in the City of Palo Alto Purchasing Manual on file in the Purchasing Division.

3.28. Decision to Award

A Contract may be awarded to the Bidder who is determined to be the lowest responsible Bidder, provided, however, as a condition precedent to the obligation of the City to perform under the Contract, the lowest responsible Bidder shall furnish the necessary Bid Security, proof of valid contractor’s license, such additional information as may be required by these documents or requested by the City's representatives. The City reserves the right to award more than one Contract with respect to the

Project. For purposes of this section, the City’s decision to award shall be deemed made on the date the

City sends the Notice of Award.

3.29. Decision to Reject

The City reserves the unfettered right to reject all Bids for any reason or for no reason, to re-advertise a

Bid, or to cancel a Bid listing and elect to perform the Project and Work with its own forces. The City reserves the right to reject as non-responsive any Bid which is incomplete, modified, unsigned, or illegible or which is not otherwise submitted in accordance with the requirements of this Invitation for

Bids.

3.30. Execution of Contract

If the lowest responsible Bidder fails to execute the Contract(s) and to submit all required documentation, including, without limitation, all bonds and evidence of insurance within ten (10) business days of the date of issuance of the Notice of Award, the City may award the Contract to the next lowest responsible Bidder, if any, in accordance with all applicable laws. Subject to applicable laws, the City shall be entitled to retain the Bid Security Bond of the lowest responsible Bidder in the event that the lowest responsible Bidder fails to timely execute the Contract or submit the required bonds and evidence of insurance as required herein.

3.31. Payment of Retention into Escrow Account

The Contractor may substitute investment securities for any moneys withheld as retention by the City.

At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, who will then pay those moneys to the Contractor. Alternatively, the Contractor may request and the

City shall pay retention earned directly to the escrow agent at the Contractor's expense. Upon the satisfactory completion of the construction contract, the Contractor shall receive the securities and interest earned on the investments. The escrow agreement shall take the form specified by Public

Contract Code Section 22300(e). Licensed persons with whom retention of funds are deposited may act as escrow agents at the sole discretion of the City.

Invitation for Bids (IFB) #197312 16

3.32. Time of Completion

Time is of the essence. Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed within the time specified in the Section entitled "Project Schedule" of this IFB.

3.33. Contractor's License Requirements

Subject to verification of good standing, Bidder shall submit a copy of its current contractor’s license as issued by the State of California under Chapter 9 of Division III of the California Business and Professions

Code (Sections 7000 et seq). Applicable license type and any specialty license(s) required as specified in a previous Section of this IFB entitled "Contractor's License Type" shall be supplied using the appropriate input section of the Bidder’s Questionnaire for this project on OpenGov.

3.34. Performance, Payment (Labor and Materials) Surety Bonds

Within ten (10) business days of issuance of the Notice of Award, the selected Bidder shall furnish City a

Performance Surety Bond, and Payment Surety Bond. Both bonds shall be in the amount of 100% of the

Contract Sum, and in accordance with requirements contained in the General Conditions of this IFB.

3.35. Liquidated Damages

Pursuant to Public Contract Code Section 7203, if Contractor fails to achieve Final Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Final Completion, based on the amount of one thousand fifty dollars ($1050) per day per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Final Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. The

City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Final

Completion, shall not operate as a waiver of City’s right to assess liquidated damages.

3.36. Certification of Non-Descrimination

By submitting a Bid, the Bidder certifies that: in the performance of the Contract, if awarded, it shall not discriminate in the employment of any person due to the race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person; and further certifies that it is in compliance with all Federal, State and local laws, regulations, rules, directives and executive orders regarding nondiscrimination in employment.

3.37. Subcontractor Disqualification

Any Subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code

Sections 1777.1 or 1777.7 is prohibited from performing work on this Project.

Invitation for Bids (IFB) #197312 17

3.38. Insurance Requirements

The Bidder awarded the Contract must, for the term of the Contract obtain and maintain insurance with the coverage specified in Article 11 of the General Conditions, or as modified in the Special Provisions, provided by companies with AM Best’s key rating of A-:VII, or higher, which are licensed or authorized to transact insurance business in the state of California.

3.39. Subsurface Conditions

This Section "Subsurface Conditions" applies to any project involving trenching, pipe-bursting, directional drilling or other such subsurface work.

Subsurface soils characterized as “stiff to hard” cohesive soils and “medium dense to very dense” granular soils have frequently been encountered during excavation and subsurface work performed in the City. Based upon reports from past City projects, soil hardness and density can vary on a block-to-block basis. Bidders are advised that subsurface soil conditions for this Project may vary from point to point depending on depth, soil type, dryness, and other factors. Bidders may assume that “hard and very dense” soil will be encountered in this Project, and that the subsurface conditions will affect the rate of progress for excavating/potholing, open cut trenching, pipe-bursting, directional drilling, impact moling, and/or other trenchless operations. The successful Bidder will be required to provide adequate equipment, sufficient staffing, and the capacity to deploy alternate methods necessary to complete the

Project within the specified Contract Time, given these known soil density and hardness issues. (Refer to

Section 2200 of the City’s Water Gas & Wastewater Utility Standards regarding applicable requirements.)

3.40. Pre-Bursting Operations

This Section "Pipe-Bursting Operations" applies to any project that involves pipe bursting.

All Bidders are advised to carefully review Section 2735.1.04 of the City’s Water Gas & Wastewater

Utility Standards regarding pipe-bursting. Bidders are advised to include the cost to use the “pre-burst” or “double-pull” method, if deemed necessary to successfully replace the sewer main and meet all applicable requirements within the specified Contract Time, including the requirement to entirely replace sections of main between two manholes within 500 linear feet, within a single working day, without unnecessary electrofusion or mechanical couplings.

4. DESCRIPTION OF WORK

4.1. See attached Scope of Work

See attached Scope of Work

5. GENERAL CONDITIONS

Please see uploaded General Conditions pertaining to City of Palo Alto IFB#197312 for Tennis Court

Resurfacing.

6. SPECIAL PROVISIONS

Invitation for Bids (IFB) #197312 18

Not Applicable

7. TECHNICAL SPECIFICATIONS

Please see uploaded Technical Specifications pertaining to City of Palo Alto IFB#197312 for Tennis Court

Resurfacing.

8. APPENDICES

Please see uploaded Appendices pertaining to City of Palo Alto IFB#197312 for Tennis Court Resurfacing.

9. PROJECT DRAWINGS

Not Applicable

10. BID FORM

Note: All of the approximate quantities provided by City on this Bid Form are estimated amounts for bidding purposes only. Actual quantities may be greater or less than the estimated amount depending on circumstances encountered during construction of the Project, and the resulting Contract Sum will be subject to adjustment for actual quantities pursuant to Section 7.2.9 of the General Conditions.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Hoover Tennis Court Resurfacing

Scope 1 Lump Sum

2 Hopkins Tennis Court Resurfacing

Scope 1 Lump Sum

TOTAL

11. BIDDER QUESTIONNAIRE

11.1. Company Type*

Please indicate that which most closely reflects the type for your company.

☐ Limited Liability Company (Provide list of names of general partners; state which partner or partners are managing partners in Additional Information Portion of Bidder's Questionnaire)

☐ Sole Proprietorship

☐ Partnership

☐ Corporation

Invitation for Bids (IFB) #197312 19

☐ Other (Provide Explanation in Additional Information Portion of Bidder's Questionnaire)

*Response required

11.2. Years as Current Business Name*

How many years have you (or your company) done business under the name listed in your Bid submittal?

*Response required

11.3. Head Office Location*

Please specify where your head office is located.

*Response required

11.4. California Offices

Please specify, if there are any, where your California offices are located.

11.5. Years of Experience*

How many years of experience do you (or your company) have doing work similar to work or services covered in this IFB?

*Response required

11.6. Previous Work for the City?*

Have you (or your company) previously worked for the City of Palo Alto?

NOTE:

If the answer is "YES" then please provide information in the "Additional Information" section of this

Bidder Questionnaire.

☐ Yes

☐ No

*Response required

11.7. Bid Bond*

Please download the supplied Bid Bond, complete it, and upload it along with any other paperwork required to confirm a bid bond is valid such as a power-of-attorney and notary page.

• Bid_Bond_Form_.docx

*Response required

11.8. California Contractor's License*

Please enter the California Contractor's License Number for your company.

*Response required

11.9. DIR Registration*

Enter your California Department of Industrial Relations (DIR) Contractor Registration Number.

Please Note:If the City is unable to confirm that the bidder/contractor’s DIR registration is current, the

City must disqualify the bidder, as required by Labor Code section 1725.5.”

https://government-project.s3.us-west-2.amazonaws.com/1989/6c516f4f-e6ca-40f3-a7ae-765a5574d681_Bid_Bond_Form_.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4E7XGNHZW%2F20260417%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260417T192324Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEBMaCXVzLXdlc3QtMiJGMEQCIE00%2BCyGKktyTNPqHLHYCiQb1pOT1yDBLnbFWpad4NoNAiBadiBpQhcDiAtOJK2TCs7PXRXhAsHodSyXpo1Rj9eV%2BCqVBQjc%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAIaDDg5MjM2NDY4NzY3MiIMcYBeYwvxGKfoSGSVKukEAohQaHTsh2SdJ4jMcW1pf4W9h65fPzbdNUuz0ZPZaftRsEZY9xg%2BtBZAh%2FMeGQXCeh3BiivRml6B274rN%2FmkhZvlC4jK8ER4xrpci24RvJ7NdhFdp3Yfncc4%2BHN5%2ByFupuPNKE4QA5RuC0KlQgfkiqpv%2BWr4q9Qr74ZAypA%2F94Ouc3Zhe0KrYqECqu4DkIF9VE9WC4go8O8HPCzewQSZzQmV7enOe3i0LGQCaUljeRHpvMU6ilJLlyDdvLmXcrRap%2FHi8%2F4%2B9cMOABjupp3f%2BSX7SMMABWE8masednE08xNeaDSAXKqXusDPNi%2FDOutOQUqADmQdoJrWEWz6%2BzPTPc8BHEs5Dxux9%2F8P3mkG3m3KTBn8G3ubyuNSu%2FYHmc91x7aBgagJUPOL5BYPZayHL%2BlfXF3ppKlS3ICdvSWy0s6S2Eue0MKTcEmtE9p4NM4V%2BBqljrwr99gGnuHqEFNvuqdpFYkoshCBNaGq9ZW%2F2vM8UjXOBFBiXBkPeRE%2BWC3fBJh4K53zwbENSXIQ4F2UWchd%2BA8DdYNm1l1O0%2Ft5uKz0iE0bKDJDeSGwzEYHw%2BKno4gzgPccZCuoVgbru4S46aiQQFFnCA8pzGcKeE185dFUAXaEd3ALgxSZY2bJlWZBbRKyFE3kycYBd410%2FQgcQsJOq0RX%2BZlfjMA2yhspfN%2B2dvnbAsNmicPCKlYvXXfGBYjbbN7gnhoTcBB9kyy%2B41L3CKPo6DJmLsOV591RZf7632zDCoc1JkOn%2BZ0pJF%2BL4kd9yfdJONWOsF1XUj8wWAxRUvCbmuxc0sAF8gEATnyxCltAnfW9LPswsYaKzwY6mgHotQNEkV914AR6%2BJDw3ZR1af3RhRwvKgyopl6KjtOQYciumqIh%2FIWhTL2fEHSwIORDBrTck9Rndlwy9iwpja7zkLNcRRQ%2FeWfGaNE9lBs2nlSvqBRk%2FsNjqrHXPo0uGQPotd5MJwX9AT0TjBV0NWzStyzTVRRFluQ5dkpiIilBvmNghb6fT1fUt6IV5v6ItFJbGFgzI06K4KV3&X-Amz-Signature=f86d977989aa2a33fd00ab7a3a4c12f484876d65834f3fcb161045229c8bc01c&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Bid_Bond_Form_.docx%22&x-id=GetObject

Invitation for Bids (IFB) #197312 20

*Response required

11.10. Subcontractor Listing*

Please download the Subcontractor Listing Form, Complete it, and Upload it here as part of your Bid. If you are not using subcontractors then please indicate such in the section of the form provided and upload as part of your Bid.

• Subcontractor_Listing_Form.pdf

*Response required

11.11. References, Resources, and Key Personnel*

Please download the attached form, complete it, and upload it as part of your Bid. If you need to add additional pages, please continue using the same format as provided.

• References_and_Resources_Fo...

*Response required

11.12. Non-Collusion Declaration*

(Title 23 United States Code Section 112 and California Public Contract Code section 7106)

The Bidder declares:

I am an authorized representative with binding authority for my company, the party making the foregoing bid.

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on the date of submittal of this bid/proposal.

☐ Please confirm

*Response required…