1. Examination of Plans, Specifications, Special Provisions and Site of Work: The bidder is required to examine carefully the site of work contemplated and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of the specifications, special provisions and the contract. It is mutually agreed that submission of a bid shall be considered prima facie evidence that the bidder has made such examination.
2. Bid Form: All bids must be made on the official bid forms included with the project plans and specifications as obtained from the Town or bid exchange plan-rooms. All bids must be signed by the bidder with bidders’ business address.
If the bid is made by an individual, the individual’s name and post office address must be shown. If made by a firm or partnership, then the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, then the bid must show the name of the State under the laws of which the corporation is chartered and the name, titles and business addresses of the President, Secretary and Treasurer. A certification by the legal representative of the firm must be included in the bid.
3. Rejection of Bid Containing Alterations, Erasures or Irregularities: Bids may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.
4. The Bid may be withdrawn upon request by the bidder without prejudice prior to, but not after the time fixed for opening of bids provided that the request is in writing, has been executed by the bidder or the bidders duly authorized representative and is filed with the City Clerk.
5. Omissions and Discrepancies: If the bidder finds discrepancies in, or omissions on, the drawings, or other contract documents, or if bidder is in doubt as to their meaning, the bidder should notify the Town contact listed in the Notice Inviting Bids in writing, who may send a written instruction to all bidders.
6. Interpretations and Addenda: No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents, or be effective to modify any of the provisions of the contract documents. Every request for an interpretation shall be made in writing and forwarded to the Town contact listed in the Notice Inviting Bids.
7. Bidder’s Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier’s check, certified check, or bid bond made payable to the Town of Atherton for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier’s check, certified check or bid bond is enclosed therewith. If a bidder uses a different bid bond form than that provided in this package, it must be the exact equivalent. If it is not, the bid shall be deemed non-responsive.
8. Return of Bid Guaranty: Within ten (10) days after the award of the contract, the Town will return the bid guaranties accompanying the bids, which are not to be considered in making the award. All other bid guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose bids they accompany.
9. Award of Contract: The award of the contract, if it is awarded, will be to the lowest responsive and responsible bidder whose bid complies with all the requirements prescribed. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that are specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. The award, if made, will be made within sixty (60) calendar days after the opening of the bids. All bids will be compared on the basis of the estimated quantities of work to be done.
10. Execution of Contract: The contract and contract documents shall be signed by the successful bidder and returned together with the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice the contract has been awarded. No bid shall be considered binding upon the City until the execution of the contract. Failure to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the bid guaranty.
11. Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material workers and laborers thereunder.
12. Removal of Defective and Unauthorized Work: All work which is defective in its construction or deficient in any of the requirements of these specifications, special provisions or plans shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Any work done beyond the lines and grades shown on the plans or established by the Director of Public Works, or his designee, or any extra work done without written authority will be considered as unauthorized and will not be paid for.
13. Upon failure on the part of the Contractor to comply with any order of the Director of Public Works, or his designee, made under these provisions, the Director of Public Works shall be the authority to cause defective work to be removed and to deduct the costs thereof from any monies due or to become due to the Contractor.
14. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final clean up performed, the Director of Public Works, or his designee, will make the final inspection at the site.
15. Amount of Bonds: The faithful performance bond shall be in the sum of not less than one hundred percent (100%) of the contract price.
The bond for material workers and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price. Form of bond required maybe examined at the office of the Director of Public Works; copies will be furnished, if desired, to prospective bidders.
Payment and Performance Bonds shall be executed by a California Admitted Surety insurer with a minimum Best’s Insurance Guide rating of A+, Class VII.
Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims of laborers and material workers, become insufficient or the City Council has cause to believe such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon the contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
16. Compliance with Laws and Regulations: No bid for work will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Chapter 9 of Division III, of the Business and Professions Code of the State of California, as amended. All bids submitted and all contracts awarded hereunder must be submitted, filed, made and executed in accordance with all applicable laws of the State of California and of the United States of America which relate to bids and contracts of the nature referred to herein, whether such laws are expressly referred to herein or not.
17. Each bidder shall submit with this bid a statement setting forth his/her/its experience and qualifications. The statement shall be made on the forms provided by the Town and must accompany each bid. The three lowest bidders will be required to submit Subcontractor's experience and qualifications statements within 48 hours of the bid opening, on forms provided by the Town.