Exhibit A(2) Project Specifications — Emeryville City Council, October 18, 2022 (part 2 of 2)

This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4.

Pursuant to Public Contract Code Section 22300, the successful Bidder may submit certain securities in lieu of the City retaining a portion of progress payments during the Project. Pursuant to California Civil Code Section 9950, the successful Bidder at the time the contract is awarded shall furnish a payment bond if civil work exceeds twenty-five thousand dollars ($25,000) in the amount of 100% of the Total Contract Price. The successful Bidder shall also provide a performance bond in the amount of 100% of the Total Contract Price.

Attention is directed to the Contract Documents for complete details and bid requirements. Said Contract Documents shall be considered as a part of any Contract awarded pursuant to this Notice Inviting Bids.

All bids are to be compared on the basis of the City Engineer's estimate of the quantities of work to be done. The City of Emeryville reserves the right to reject any or all bids, and further reserves the right to waive formal irregularities as to any bid substantially in conformity with the specifications herein referred to. The City of Piedmont reserves the right to reject any and all bids or to waive any defects or irregularity in bidding in accordance with applicable law. In accordance with California Public Contract Code Section 20103.8, if the City elects to award a contract for performance of the project, the contract will be awarded in accordance with California Public Contract Code Section 20162 and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price. All bids will remain valid for 90 days after the bid opening. Except as permitted by law and subject to all applicable remedies, including forfeiture of bidder’s security, bidders may not withdraw their bid during the 90-day period after the bid opening.

The firm of Kimley Horn has provided engineering services to the City for this project. Therefore, this firms, and any of their affiliates, partners, officers, employees, parent companies or subsidiaries are prohibited from being awarded the Contract for the project, subcontracting for a portion of the work under the Contract for the project, or supplying materials for the work under the Contract for the project. Accordingly, these persons and entities are ineligible to bid on the project and no Contract shall be awarded to such persons or entities identified as the Contractor, subcontractor or supplier on a submitted bid proposal for this Project.

All questions prior to award of the Contract shall be directed to the Project Manager, Nancy Humphrey at [email protected] . The deadline for submissions of initial questions and clarifications concerning the Contract Documents is September 15, 2022, 2:00pm. Only signed Addenda issued by the City Engineer or Project Engineer are binding.

The City of Emeryville hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. DBEs are strongly encouraged to submit bids as both primes and subs.

By order of the City Council of the City of Emeryville, Alameda County, California.

Date:

Mohamed Alaoui, PE
Public Works Director, City of Emeryville
9/1/2022
PART A

BID DOCUMENTS
FOR

TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
EPW 18-107 A-1
SECTION 1
BIDDER’S CHECKLIST
All items on the Bidder’s Checklist should be checked next to each item and must be initialed and dated at the bottom for the Proposal to be considered complete. The City of Emeryville reserves the right to award a Contract in a manner and on the basis which will best serve the City.

The Bidders’ attention is specifically called to the following forms which must be executed in full as required:

1. (a) Bid Sheets □
The Base Bid Price, Add Alternate Price and Total Bid Price must be shown in the space on the Bid Proposal form provided.
(b) Bid Proposal Form □
A Bid Proposal form must be filled in, signed and submitted for the Bid Documents to be considered complete.

2. Bidder’s Bond (Accompanying Bid) □
If not otherwise providing cash, cashier’s check or certified check with its Bid Proposal as its bid guaranty, a Bidder’s Bond form must be filled out, signed, and submitted with the Bid Proposal for the Bid Documents to be considered complete. The surety’s power of attorney must be attached. Original signatures are required.

3. Non-Collusion Declaration □
A Non-Collusion Declaration form must be filled out, signed, and submitted with the Bid Proposal for the Bid Documents to be considered complete.

4. Subcontractors List □
A Subcontractors List form must be filled out and submitted with the Bid Proposal for the Bid Documents to be considered complete.

5. Workers Compensation Certificate □
The Bidder acknowledges that he/she must sign and attach any applicable Workers Compensation Certificate to the Bid Proposal.

6. Waste Management Plan □
Applicant is notified of need to prepare a Waste Management Plan as a project submittal.

On-line system is available at www.emeryville.wastetracking.com/# Check here signifies awareness of and intent to prepare, if awarded a contract.

7. Bond Requirements □
The Bidder understands that a performance bond issued by an approved surety equaling one hundred percent (100%) of the Total Contract Price amount will be required. A payment bond equaling one hundred percent (100%) of the Total Contract Price amount will also be required.

EPW 18-107 A-2

8. Addenda □
The Bidder acknowledges that he/she must sign and attach any applicable addenda to the Bid Proposal for the Bid Documents to be considered complete.

Initial: ______________________ Date: ______________
EPW 18-107 A-3
SECTION 2
Not Used
EPW 18-107 A-4
SECTION 3

PROPOSAL
To the Honorable City Council of the City of Emeryville, Alameda County, California.

TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
Name of Bidder
Street Address
City, State, Zip Code
Telephone No.

Email Address
FOR USE WITH THE FOLLOWING:

1. The State of California Department of Transportation Standard Specifications, 2018, and the State of California Department of Transportation Standard Plans, 2018.

The Contract Drawings are generally titled TRASH CAPTURE PROJECT, Project No. EPW 18-107.

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The Bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between item price and the total set forth for the item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "Item Total" column, then the amount set forth in the "Item Total" column for the item shall prevail in accordance with the following:

EPW 18-107 A-5
PROPOSAL (CONT.) Project No. EPW 18-107
(1) As to lump sum items, the amount set forth in the "Item Total" column shall be the item price. (2) As the unit basis items, the amount set forth in the "Item Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.

If this proposal shall be accepted and the undersigned shall fail to enter into the Contract and furnish the two (2) bonds in the sums to be determined as aforesaid with surety satisfactory to the Department of Public Works and provide the appropriate insurance certificates within ten (10) calendar days after the Bidder has received notice from the City Engineer that the Contract has been awarded, the City may, at its option, determine that the Bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Emeryville. If the deadline to perform any act shall fall on a Saturday, Sunday or legal holiday of the City, then the deadline to perform said act shall fall on the next regular business day.

The undersigned, as Bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firms, or corporation and in submitting this proposal, the undersigned Bidder agrees that he has carefully examined the location of the proposed work, the annexed proposed form of Contract, and the plans and specifications therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of Emeryville in the form of a copy of the Contract annexed hereto to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the City Engineer as therein set forth, and that he will take in full payment therefore the following item prices to wit:

EPW 18-107 A-6
BID SHEET FOR THE TRASH CAPTURE PROJECT City of Emeryville City Project No. EPW 18-107 Department of Public Works
Units of Measure Abbreviations are defined in Section One of the Standard Specifications Item
No.

Description Unit Estimated
Quantity
Unit Price Item Total

1 SUPPLEMENTAL WORK EA 20000 $1.00 $20,000
2 MOBILIZATION LS 1
3 TRAFFIC CONTROL SYSTEM LS 1
4 WATER POLLUTION CONTROL PLAN AND

IMPLEMENTATION
LS 1
5 SHEETING SHORING AND BRACING PLAN AND

IMPLEMENTATION
LS 1
6 EXCAVATION DEWATERING, STORMWATER FLOW

CONTROL PLAN AND IMPLEMENTATION
LS 1
7 CLEARING, GRUBBING, DEMOLITION AND

PROTECTION OF EXISTING IMPROVEMENTS
LS 1
8 EXCAVATION, HAULING, AND CLASS II SOIL DISPOSAL TON 500 9 ASSUMPTION OF PROCUREMENT CONTRACT FOR

SEPARATOR
LS 1
10 ASSUMPTION OF PROCUREMENT CONTRACT FOR

SLIDE GATES
LS 1
11 INSTALL SEPARATOR WITH SLIDE GATES AND HATCH

INCLUDING GROUNDWATER HANDLING AND BACKFILL
LS 1
12 MINOR CONCRETE (14’x25’ maintenance pad) SF 350
13 CONCRETE CURB AND GUTTER LS 1
14 SITE RESTORATION LS 1

TOTAL BID PRICE

EPW 18-107 A-7
PROPOSAL (CONT.) Project No. EPW 18-107
Accompanying this proposal is
(Notice: insert the words CASH ($), CASHIER'S CHECK, CERTIFIED CHECK, OR BIDDERS BOND) in an amount equal to at least ten percent of the total of the Total Bid Price.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if Bidder or other interested person is an individual, state first and last names in full.

Licensed in accordance with an act providing for the registration of Contractors:

Contractor: License No.

Licensee Name
License Qualifier
Date Issued
Other License Classifications Hazardous Substances Removal: License No

Licensee Name (May be Subcontractor)
License Qualifier
Date Issued
DIR Registration Number
EPW 18-107 A-8
PROPOSAL (CONT.) Project No. EPW 18-107
ADDENDA This Proposal is submitted with respect to the changes to the contract included in addenda numbers ____________ (Fill in any addenda numbers if addenda have been received.)
By my signature on this proposal, I certify, under penalty of perjury, under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Section 10162, 10232 and 10285.1 are true and correct and that the Bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal, I further certify, under penalty of perjury, under the laws of the State of California, that the Non-Collusion Affidavit required by Public Contract Code Section 7106 is true and correct.

SIGN HERE >>> by:
its:

Date:

END OF PROPOSAL

EPW 18-107 A-9
SECTION 4

BIDDER'S BOND
KNOW ALL PERSONS BY THESE PRESENTS:

That , as Principal, and , as Surety, are
held and firmly bound unto the City of Emeryville, a municipal corporation located in Alameda County, State of California (hereinafter "City"), in the sum of ($) , being at least ten percent (10%) of the total amount of the Grand Total Bid Price, for the payment of which sum in lawful money of the United States of America to the City of Emeryville we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted said bid to the City for the TRASH CAPTURE PROJECT, Project No. EPW 18-107 ("Project");
NOW, THEREFORE, the condition of the above obligation is such that if a Contract is awarded by the City within the time and in the manner required by the specifications for the Project, and a written Contract is entered into with the City and the requisite bond or bonds and insurance certificates are furnished, then this obligation shall become null and void, otherwise to remain in full force and effect for ninety (90) days following the public opening of bids for this solicitation.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys fee to be fixed by the Court.

Dated , 2022.

TO BE CONSIDERED COMPLETE,
BOTH THE PRINCIPAL AND Principal

SURETY MUST SIGN THIS
BIDDER'S BOND. IN ADDITION, By:

THE SURETY'S SIGNATURE MUST

BE NOTARIZED AND
THE SURETY'S POWER OF ATTORNEY Surety
MUST BE ATTACHED. ORIGINAL
SIGNATURES ARE REQUIRED By:

Address of Surety

EPW 18-107 A-10

CERTIFICATE OF ACKNOWLEDGMENT

STATE OF CALIFORNIA
ss

COUNTY OF ALAMEDA
On , 2022 before me,____________________________________, Notary Public, personally appeared ___________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: (Seal Above)

END OF BIDDERS BOND

EPW 18-107 A-11
SECTION 5

NON-COLLUSION DECLARATION
The undersigned declares:

I am the of , 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.

The undersigned declares under penalty of perjury that the information contained in this proposal and all accompanying documents are true and correct.

Executed on
Legal Company Name
By:

Title:

Date:

EPW 18-107 A-12
SECTION 6

SUBCONTRACTORS LIST
In accordance with Section 2-1.10 “Subcontractors List" of the Standard Specifications for this Contract, the following list of Subcontractors is submitted with the Proposal and made a part thereof.

1. Name of Subcontractor/Supplier
License No.