Loading...
HomeMy WebLinkAboutLower Arena Improvements at WWB ContractTOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA C%7►rli.`71� LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT THIS AGREEMENT, made, executed, and entered into this 1y't 1y'day of 'Ujj 2025, by and between the Town of Los Altos Hills a General Law City, hereinafter referred to as he Town, and Nebo Construction , hereinafter referred to as the Contractor. WITNESSETH ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Town, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT said work shall be done in manner and according to the terms of the Contract as the same is defined in Article 4 herein. ARTICLE 2. Said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Town and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole thereof, in the manner and according to the plans and specifications, to wit, according to Contractor's proposal for "TOTAL BASE BID PLUS ADD ALTERNATE 1 BID ITEM (1 — 17)" to the City Council, entitled `EXHIBIT "A," Proposal to the City Council' and attached hereto. ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the Public Works Director of the Town of Los Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto. 28 CONTRACT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT Total Bid Description Quantity UNIT (in figures) BASE Bid Items 1 through 16 1 LS $ 153,221 ADD ALTERNATE 1 Bid Item 17 1 LS $ 5,891 TOTAL $159,112 One Hundred Fifty -Nine Thousand One Hundred and Twelve Dollars ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the Public Works Director of the Town of Los Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto. 28 CONTRACT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall be completed within THIRTY (30) working days after the commencement of said work. ARTICLE 6. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Contract and the notice inviting bids have been met. Any alleged defect or omission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor. ARTICLE 7. Every contractor will be required to secure the payment of workers compensation to his or her employees. Labor Code Section 1860. The contractor shall post the applicable prevailing wage rate on the project site. Labor Code Section 1771.4. The project is subject to prevailing wages. The applicable wage rates are available at www.dir.ca.gov and the agency also has access to the applicable prevailing wage rate at www.losaltoshills.ca.gov. IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written. TOWN OF LOS ALTOS HILLS A General Law City ATTEST: City Clerk, Town of Los Altos Hills 106217' OMOO ; 29 CONTRACT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT NOTARIAL ACKNOWLEDGMENT OF PRINCIPAL STATE OF CALIFORNIA ) ss. COUNTY OF ) Ong( U"-< , before me, a Notary Public, personally appeared, personally known to me (or 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. SEE ATTACHED EOR NOTARY CERTIFICATE (Seal) 30 CONTRACT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT SEE ATTACHED FOR NOTARY CERTIFICATE Notary Public CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Merced On % before me, Olga Molina, Notary Public (Here insert name and title of the officer) personally appeared I U'(' 6" who proved to me on the Hsis 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. OLGA MOIINA WITNESS my hand and official seal. _Not_aryPublic- California z 00;�4� Merced County i Commission ; 2486485 MV Cort T. E=ra, AJr 9. 2C28 Notary Public ignature (Notary Public Seal) � e INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisformcomplieswith current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completedfor documents being sent to that state so long as the wording does not require the California notmy to violate California notary Imv. rw&�4k (Title or de trip ion of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER Individual (s) Corporate Officer �V Mel itl ) Partner(s) Attorney -in -Fact Trustee(s) Other 2015 Version www.NotaryClasses.com 800-873-9865 • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fornis by crossing off incorrect forms (i.e. ke/she/tom is /afe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT "A" BID PROPOSAL TO THE CITY COUNCIL TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA FOR LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT NAME OF BIDDER: Nebo Construction BUSINESS ADDRESS: 32564 Pennyroyal Ln, CITY, STATE, ZIP: Prather, CA 93651 LICENSE NO.: 1099821 CLASS: B EXP. DATE: 12/31/2026 TAX ID NO.: 03205601 TELEPHONE NO: ( 559) 900-8211 FAX NO: ( The work for which this proposal is submitted is for construction according to the Contract Documents, including the Special Provisions, the Agreement, the project plans described below, and the State of California Department of Transportation Standard Specifications, 2018 Edition, The Contract Book shall be used in conjunction with the above documents, and the State of Califomia Department of Transportation Labor Surcharge and Equipment Rental Rates, and the State Department of Industrial Relations General Prevailing Wage Rates current at the bid opening date. The project plans for the work to be done are titled "LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT' dated 5/19/2025. The scope of work in this project is to remove existing wood fences, fence posts, concrete post bases, and sprinkler heads, install new wood fence, fence posts, and concrete post bases, install new gates, install new communication conduits, pull boxes, and control wires, install new sprinkler heads, riser pipes, shutoff valves, and solenoid valves, regrade an existing drainage swale, replace an existing culvert, install an underdrain system; and perform all other work as shown on the plans and described in the specifications. A bidder's bond, in an amount and of a form described under Paragraph 1 of the Proposal Requirements Section of these Provisions shall accompany this proposal. The project shall be awarded to the lowest responsible bidder who meets all the Proposal Requirements, and the 'requirements of the Contract Documents. The bidder shall set forth for each 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 this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item. In case of conflict between an item price in words and the price in figures, the price in words shall prevail. In case of discrepancy between an item price and the total set forth for a unit basis item, the item price shall prevail. However, if the amount set forth as an item price is ambiguous, illegible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" 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 item price. Failure to provide the required information, or if information provided is subsequently proved false, the proposal shall be considered as non-responsive and shall be grounds for rejection of the bid. If this proposal shall be accepted and the undersigned shall fail to enter into the Contract and furnish the two bonds in the sums required by Section 4-2 of the Special Provisions, with surety satisfactory to the Town of Los Altos Hills within twelve (12) days, not including Sundays and legal holidays, after the bidder has received notice from the Town that the Contract has been awarded, the Town may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be invalid. If the Town declares the proposal as invalid, the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Town. 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, firm or corporation; that he/she has carefully examined the location of the proposed work, the annexed proposed form of Contract, and the plans therein referred to; and he/she proposes and agrees, if this Proposal is accepted, that he/she will Contract with the Town of Los Altos Hills in the form of the 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 Engineer as therein set forth, and that he/she will take in full payment therefor in the amounts shown on the following Item Price Schedule, to wit: nn^M—I.I Mnnl IUnr R An K iln ADDENDUM NO.2 ITEM PRICE SCHEDULE BASE BID Bid Unit Price Subtotal Item # Description Quantity UNIT (in figures) (in figures) 1 Mobilization 1 LS --- $ 8,000 2 Remove existing wood fence, fence posts, 530 LF $ 30.93 $ 16,394.09 concrete post bases, and wood gates 3 Furnish and install new wood fence, fence 480 LF $ 109,86 $ 52,734.53 posts, and concrete post base 4 Furnish and install one 4 -ft "Alligator" metal 1 LS --- $ 2,592.75 gate, gate posts, concrete post bases, and hardware 5 Furnish and install one 10 -ft "Alligator" metal 1 LS --- $ 3,013.91 gate, gate posts, concrete post bases and hardware 6 Furnish and install one 14 -ft wood gate with 1 LS --- $ 4,830.28 two panels, gate posts, and concrete post bases 7 Furnish and install 1 -inch PVC communication 620 LF $ 35.93 $ 22,274.19 conduits 8 Furnish and install 1-1/4 inch PVC water lines 620 LF $ 31.42 $ 19,478.25 with #10 AWG tracer wire 9 Regrade existing drainage swale 1 LS --- $ 2,781.73 10 Remove existing 12 -inch CMP culvert, and 1 LS --- $ 5,627.54 replace with 14 -inch HDPE culvert with flared ends 11 Furnish and install N9 Christy Pull Box and 6 EA $ 562.56 $ 3,375.34 "Communication" Cover 12 Furnish and install N16 Christy Pull Box and 1 EA $ 765 $ 765 "Communication" Cover 13 Furnish, pull, and terminate control wires from 1 LS -- $ 3,289.26 each solenoid valve to existing control panel 14 Furnish and install Nelson Sprinkler Head P85 1 EA $ 2,196.83 $ 2,196.83 PV, riser pipe, fittings, brass shut-off valve, solenoid valve at each location 15 Furnish and install Hunter 140 Sprinkler Head, 6 EA $ 577,53 $ 3,465.17 riser pipe, fittings, brass shut-off valve, solenoid valve at each location 16 Clean-up, remove and dispose debris offsite 1 LS --- $ 2,401.89 TOTAL BID ITEMS (1-16): $153,22.76 TOTAL BID (1-16) IN WORDS: One hundred fifty-three thousand, two hundred twenty dollars and seventy-six cents. ITEM BID PRICE LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT ADD ALTERNATE BID Bid Item Total No. Description Quantity UNIT (in figures) 17 ALTERNATE 1: Furnish and Install underdrain 1 LS $ system at Picnic Area 5,891.01 5,891.01 ADD ALTERNATE BID (17) IN WORDS: Five thousand, eight hundred ninety-one dollars and one cent TOTAL BASE BID PLUS ALTERNATE BID ITEMS (147): 1 $ 159,111.77 TOTAL BASE BID PLUS ALTERNATE BID ITEMS (1-17) IN WORDS: One hundred fifty-nine thousand, one hundred eleven dollars and seventy-seven cents QUANTITIES OF WORK The quantities of work of material stated in the unit bid price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The Town does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and shall have the right to delete any bid items in its entirety and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. Comparison of Bids: Bid prices will be compared based on the Total Base Bid Plus Add Alternate Bid Item (1-17) to determine the low bidder. The Town has the discretion to award the contract for Base Bid only, or for Base Bid with the Add Alternate bid. 10 ITEM BID PRICE LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT ADDENDUM NO.1 LIST OF SUBCONTRACTORS The Bidder shall list the name, address and telephone number of each subcontractor, required to be listed by the provisions in Section 4-2, "Subcontracts" of the Special Provisions and the Standard Specifications, to whom the Bidder proposes to subcontract portions of the work. A Class "C-27" or "C-36" Contractor's license is required for plumbing and Irrigation system work. SUBCONTRACTOR & LICENSE Regier Construction - 1113926 AIVar Fence Co - 1118835 CLS Landscape - 962847 (ADDRESS & PHONE) P.O. Box 6084 Visalia, CA (559)356-0121 DESCRIPTION OF WORK Earthwork 15275 Stony Oaks Ln, Prather, CA Fencing (559)871-3365 P.O. Box 321 Patterson, CA Irrigation (209)277-9861 12 ITEM BID PRICE LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT ADDENDA ACKNOWLEDGMENT AND INFORMATION The undersigned acknowledges receipt of Addendum No. 1 through 2 inclusively. PRINCIPAL PERSONS WITH INTEREST IN PROPOSAL 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 copartnership, 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. Juan Carlos Garcia 14 ADDENDA ACKNOWLEDGMENT AND INFORMATION LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT Lower Arena Improvements at Westwind Community Barn Project ADDENDUM NO. 1 Town of Las Altos Hills -Public Works Department 26379 Fremont goad, Los Altos Hills, CA 94022 Date June 2. 2025 Subject: Addendum 1 to the "Lower Arena Improvements at Westwind Community Barn Project" Bid Opening- 2 PM on June 12, 2025 CHANGES AND CORRECTIONS: Addendum No 1 provides changes and corrections to the bid dafurnents These changes and corrections are hereby incorporated into the bid package: Item Na. i Sheet Description l NOTICE TO BIDDERS. Revised the second sentence in the paragraph, as follows. 4 CONTRACTOR'S LICENSE A Class "C-27" or "C-36" Contractors License is required for � plumbing and irrigation system work 2 UST OF SUBCONTRACTORS Rovisecf the last sentence in the paragraph as follows- A Class "C-27" or "C-36" Contractor's license is required for plumbing and irrigation system work. All alher terms and conditions in the bid set reniain the same. 1 � un' G I �.ItR Daniel W l_iang. PE 068845, License Expires gt25:2025 Town of Los Altos Hills 1of1 Lower Arena Improvements at 'Westwind Community Barn Project ADDENDUM NO. 2 Town of Los Altos Hills Public Works Department 26379 Fremont Road. Los Altos Hills CA 94022 Date June 6, 2025 Subject Addendum 2 to the "Lower Arena Improvements at Westwind Community Barn Project Bid Opening: 2 PM on June 12, 2025 CHANGES AND CORRECTIONS: Addendum No. 2 provides changes and corrections to the bid documents. These changes and corrections are hereby incorporated into the bid package. Item No. Sheet Description 1 Item Price Schedule, Replaced 472' with -480" in the bid item quantity Bid Item 3 2 Item Price Schedule, Bid Item 10 :3 Section 11-2 "Payment Schedule, Birt Item 10" Drawing C-101 'Site Improvements" 5 Drawing C-102 "Details" Replaced "18 -inch HDPE'" with 14 -inch HDPE' in the bid .item i description i Replaced "18 -inch HDPE" with '14 -inch HDPE` in the laid item title and description Added Detail 2/C101 Fence Opening #1' Added Detail 3/C 101 -Fence Opening #2" Added Site Grading in Detail 2/C103 Added Fence Post #66 and a fence section Added dimensions for the gate post concrete Mase in Detail D/C102 Added Detail G/C102 to show a 15 -degree angle -cut on the fence post Added Note 4- "Angle -cut fence and post wood posts' 6 Drawing C-103 "Drainage Replaced "18 -inch HDPE" with "14 -inch HDPE" in the callout Improvements" Added Typical Section B/C103 Added site grading and a V -ditch in Detail 2/C103 All other terms and conditions in the bid set remain the same ' TC( Daniel W Liang. PE -i C68845, License Expires 9125/2025 Town of Los Altos Hills 1of1 EXPERIENCE AND FINANCIAL QUALIFICATIONS The bidder has been engaged in the contracting business under State License No. 1099821 for a period of 3 years. Bidder's qualifications will be evaluated based on their experience, financial strength, and other criteria provided in the Proposal to perform the work per contract and complete the work timely. The bidder's three most recently completed Contracts relevant to the Project are: 1. Title of Project: Academy Homestead Ranch Fencing (AIVar Fence Co) Owner: Cook Land Company Address: 13305 Tollhouse Rd, Clovis, CA 93722 Telephone No.: (559)815-0009 Engineer in Charge: Kenny Smith (Academy Ranch Manager) Date: 2/4/2025 Accepted: Yes 2. Title of Project: Reedley Municipal Airport OWTS (Regier Construnction) Owner: City of Reedley Address: 1733 9th Street, Reedley, CA 93654 Telephone No.: (559)637-4200 Engineer in Charge: Madlu Morales Date: 10/7/2024 Accepted: Yes Title of Project: Easton Ponding Basin Rehab (Regier Construction) Owner: Easton Community Service District Address: 5955 South Elm Ave, Fresno, CA 93706 Telephone No.: (559)288-9514 Engineer in Charge: Sue Ruiz ( Project Owner) Date: 11/13/2024 Accepted: Yes 16 EXPERIENCE AND FINANCIAL QUALIFICATIONS LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder: Name of Bank Wells Fargo Bank Address 1851 E Herndon Ave, Clovis, CA 93611 Reference is hereby made to the following surety companies as to the financial responsibility and general reliability of the bidder: Company: Tokio Marine HCC - Surety Group Address: 1 Macarthur Place, Suite 550, Santa Ana, CA 92707 Company: Address: 17 EXPERIENCE AND FINANCIAL QUALIFICATIONS LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ® , has not ✓been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 19::5 IV x'%3 0 r?U/vSI`et. 6VO N' 18 PUBLIC CONTRACT CODE LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary Interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? YES NO Z If the answer is yes, explain the circumstances in the following space: 19 PUBLIC CONTRACT CODE LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 20 PUBLIC CONTRACT CODE LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT 6MC15' C��9 rte, ,�g�v IND%Vi'DWYL 001,*V6 &,511V"5$ 1, .5 60'1'V5rrt167'10/` 20 PUBLIC CONTRACT CODE LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To The Town of Los Altos Hills Public Works Department. In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or Indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 13wrv*=5,5 /1-s NeF66 (,_-0N5` 72t/CT/civ�-) Accompanying this proposal is BIDDER'S BOND (NOTICE, INSERT THE WORDS "CASH ($ )," "CASHIER'S CHECK, " "CERTIFIED CHECK," OR 'BIDDER'S BOND, "AS THE CASE MAY BE.) 22 NON -COLLUSION AFFIDAVIT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT in amount equal to at least ten percent of the total of the bid. 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 copartnership, state true name of firm, also names of ail individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Juan Carlos Garcia Licensed in conformance with an act providing for the registration of Contractors, License No. 1099821 Classification (s) B,C-2 ADDENDA - This Proposal is submitted with respect to the changes to the contract included in addenda number/s (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.) 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 Sections 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 and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. Date: 6/11/2025 Sign ..._... Here Signature and Title of Bidder Business Address 32564 Pennyroyal Ln, Prather, CA 93651 Place of Business 32564 Pennyroyal Ln, Prather, CA 93651 Place of Residence 32564 Pennyroyal Ln, Prather, CA 93651 23 NON -COLLUSION AFFIDAVIT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT GENERAL LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 Fremont Road, Los Altos Hills, CA 94022 Public Works Director A. POLICY INFORMATION 1. Insurance Company: Policy Number: 2. Policy Term: From: To: Endorsement Effective Date: 3. Named Insured: 4. Address of Named Insured: 5. Limit of Liability Any One Occurrence/Aggregate $2,000,000$/4,000,000 6. Deductible or Self -Insured Retention Nil unless otherwise specified): 7. "Claims Made" coverage: Retroactive Date: Tails: B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. INSURED: The Town, it's elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE: The policy: (1) if primary, affords coverage at least as broad as Insurance Services Office form for Broad Form Commercial General Liability Insurance and Insurance Services Office form for Broad Form Commercial General Liability endorsement; or (2) if excess, affords coverage which is at least as broad as the Primary Insurance form referenced in the preceding Section (1). 4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 32 GENERAL LIABILITY ENDORSEMENT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials, employees or volunteers. 6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below -listed insurance company and by my signature hereon do so bind this company. Signature of Authorized Representative (original signature on endorsement furnished to the Town) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: 33 GENERAL LIABILITY ENDORSEMENT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT AUTOMOBILE LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022 Public Works Director A. POLICY INFORMATION 1. Insurance Company: Policy Number: 2, Policy Term: From: To: Endorsement Effective Date: 3. Named Insured: 4. Address of Named Insured: 5. Limit of Liability Any One Occurrence/Aggregate $1,000,000.00 6. Deductible or Self -Insured Retention Nil unless otherwise specified): 7. "Claims Made" coverage: Retroactive Date: Tails: B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. INSURED: The Town, its elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE: This policy affords coverage to the Named Insured which is at least as broad as Insurance Services Office form for Automobile Liability, Code 1 ("any auto"). 4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials, employees or volunteers. 34 AUTOMOBILE LIABILITY ENDORSEMENT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT 6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day prior written notice by Certified Mail Return Receipt Requested has been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below -listed insurance company and by my signature hereon do so bind this company. Signature of Authorized Representative (original signature on endorsement furnished to the Town) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: 35 AUTOMOBILE LIABILITY ENDORSEMENT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022 Public Works Director A. POLICY INFORMATION 1. Insurance Company: Policy Number: 2. Endorsement Effective Date: 3. Named Insured: 4. Employer's Liability Limits (coverage B) $1,000,000.00 B. POLICY AMENDMENTS: This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. CANCELLATION NOTICE: The insurance afforded to this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement. 2. WAIVER OF SUBROGATION: The Company agrees to waive all rights of subrogation against the Town, its elected or appointed officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Town. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below -listed insurance company and by my signature hereon do so bind this company. Signature of Authorized Representative (original signature on endorsement furnished to the Town) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: 36 WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT Town of Los Altos Hills LOS ALTOS HILLS ("the Town") Town Hall A General Law City Los Altos Hills, CA 94022 Attention: WooJae Kim Public Works Director CERTIFICATE OF INSURANCE This certifies that the following described policies have been issued to the insured named below and are in force at this time. Insured Address Description of operations/locations/products insured (show Contract name and/or number if any). POLICIES AND INSURERS LIMITS EXPIRATION Bodily Injury Property Damage DATE Policy Number Worker's Compensation Employer's Liability $ Insurer Commercial General Liability Each Occurrence Each Occurrence Aggregate Aggregate Insurer Combined Single Limit Business Auto Policy Liability Each Person Each Accident Coverage Symbol Each Accident Combined Single Limit Insurer Umbrella Liability Occurrence/Aggregate $ Self -Retention $ Insurer The following covera es or conditions are in effect: Yes ❑ No ❑ The Town, its officials, and employees are named on all liability policies described above as insured as respects: (a) activities performed for the Town or on behalf of the named insured, (b) products and completed operations of the named insured and (c) premises owned, leased or used by the named insured Products and com leted o erations: Yes ❑ No ❑ The undersigned will mail to the Town 30 days written notice of cancellation or reduction of coverage or limits, cross liability clause (or equivalent wording). Yes ❑ No ❑ Personal Injury,perils A, B, and C. Yes ❑ No ❑ Broad form property damage. Yes ❑ No ❑ X, C, U hazards included. Yes ❑ No ❑ Contractual liability coverage applying to this Contract. Yes ❑ No ❑ Liquor liability. Yes ❑ No ❑ Coverage afforded the Town, its officials, employees and volunteers as an insured applies as primary and not excess or contributing to any insurance issued in the name of the City. Yes ❑ No ❑ Waiver of subrogation from worker's compensation insurer. 39 CERTIFICATE OF INSURANCE LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate or insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Agency or Brokerage Address Insurance Company Home Office Name of Person to be Contacted Authorized Signature Telephone Date NOTE: Authorized signature may be the agent's, if agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer 40 CERTIFICATE OF INSURANCE LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Town of Los Altos Hills, State of California, has awarded to Nebo Construction, hereinafter designated as the "Principal," a contract for the LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, we the Principal, and as Surety, are held and firmly bound unto the Town of Los Altos Hills in the penal sum of one hundred fifty nine thousand, one hundred twelve DOLLARS 159112), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in said Contract and any alteration thereof made as therein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the Town of Los Altos Hills, its officers and agents as therein stipulated, then this obligation shall become invalid; otherwise it shall be and remain in full force and virtue. Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the Contract or to the work or to the specifications. 41 PERFORMANCE BOND LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 2025, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) (Acknowledgment) (Corporate Seal) (Acknowledgment) Principal By Title Surety By Attorney-in-fact Title 42 PERFORMANCE BOND LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney -in fact. NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY STATE OF CALIFORNIA ) ss. COUNTY OF Er before me, a Notary Public, personally appeared_, personally known to me (or 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. (Seal) WITNESS my hand and official seal. Notary Public 43 PERFORMANCE BOND LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Town of Los Altos Hills, a General Law City, has awarded to hereinafter designated as the "Principal', a contract for the for the LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT and WHEREAS, said Principal is required to furnish a bond with said Contract, to secure payment of claims of laborers, mechanics, or material persons employed on work under said Contract, as provided by law. NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the Town of Los Altos Hills in the sum of _ DOLLARS ($ ), said sum being equal to the estimated amount payable by said Town of Los Altos Hills under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, his/her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender or other supplies, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor orfor any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be voided. In case suit is brought upon this bond, said Surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. 45 PAYMENT BOND LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plan, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their seals this day of , 2025, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) (Acknowledgment) (Corporate Seal) (Acknowledgment) Principal By Title Surety By Attorney-in-fact Title 46 PAYMENT BOND LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact. NOTARIAL ACKNOWLEDGMENT OF ATTORNEY-IN-FACT OF SURETY STATE OF CALIFORNIA ) ) ss. COUNTY OF On , before me, a Notary Public, personally appeared personally known to me (or 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. (Seal) WITNESS my hand and official seal. Notary Public 47 PAYMENT BOND LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA ESCROW FOR SECURITY DEPOSIT IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Town of Los Altos Hills, whose address is 26379 Fremont Road, Los Altos Hills, CA 94022, hereinafter called "Town", hereinafter called "Contractor", and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Town, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by the Town pursuant to the Construction Contract entered into between the Town and Contractor for the LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT in the amount Of $ dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Town shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Town within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Town and Contractor. Securities shall be held in the name of and shall designate the Contractor as the beneficial owner. (2) The Town shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Town makes payment of retention earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Town pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Town. These expenses and payment terms shall be determined by the Town, Contractor and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Town. (6) The Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Town to the Escrow Agent that Town consents to the withdrawal of the amount sought to be withdrawn by Contractor. 49 ESCROW FOR SECURITY DEPOSIT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT (7) The Town shall have aright to draw upon the securities if there is default by the Contractor. Upon seven days written notice to the Escrow Agent from the Town of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Town. (8) Upon receipt of written notification from the Town certifying that the Contract is final and complete, and that the Contractor has compiled with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) The Escrow Agent shall rely on the written notification from the Town and the Contractor pursuant to Sections (5) to (8) inclusive, of this agreement and the Town and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Town and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows; On behalf of Town: On behalf of Contractor: Title Title Name Name Signature Signature 50 ESCROW FOR SECURITY DEPOSIT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Town and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Town Title Name Contractor Title Name Signature Signature 51 ESCROW FOR SECURITY DEPOSIT LOWER ARENA IMPROVEMENTS AT WESTWIND COMMUNITY BARN PROJECT