Citywide Residential Resurfacing - Phase V.pdf

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CITY OF SOUTH GATE

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR

CITYWIDE RESIDENTIAL RESURFACING PROJECT PHASE V

CITY PROJECT NO. 727- ST

All questions regarding this project are to be directed to:

Kenneth Tang, P.E.

Project Manager

Office: (323) 563-9574

Email: ktang@sogate.org

APPROVED ____________________________________________________

Kenneth Tang, P.E. Project Manager Date:

August 2025

8/3/2026 mailto:ktang@sogate.org ii

TABLE OF CONTENTS

PART 1 - Bidding and Contractual Documents Page

Instruction to Bidders

Contractor’s Checklist

Proposal

Bid Schedule

List of Subcontractors

Contractor’s Industrial Safety Record

Contractor’s Qualification Statement

Contractor’s Organization Statement and Performance History

Trade Names or Equals

Certification of Non-discrimination and Affirmative Action

Bid Security Forms

Bid Bond

Statement Acknowledging Penal and Civil Penalties Concerning the Contractors

Licensing Laws

Non-Collusion Affidavit

Debarment/Suspension Certificate

Standard Title VI/Non-Discrimination Assurance Appendix E

Contract Documents (Agreement)

Workers' Compensation Insurance Certification

Indemnification and Insurance Requirements iii

Faithful Performance Bond

Payment Bond

Non-Collusion Affidavit

PART II - Standard Specifications and Drawings Page

Standard Specifications and Drawings .................................................................................... II-1

PART III - General Provisions Page

SECTION 1 – Description of Work......................................................................................... III-1

SECTION 2 – Location of Work ............................................................................................ III-1

SECTION 3 – Time of Completion ........................................................................................ III-1

SECTION 4 – Definitions ....................................................................................................... III-1

SECTION 5 – Pre-Work Conference ..................................................................................... III-4

SECTION 6 – Liability Insurance ........................................................................................... III-4

SECTION 7 – Permits and Contracts Correspondence ........................................................... III-4

SECTION 8 – Scheduling of Work ......................................................................................... III-4

SECTION 9– General Guarantee............................................................................................. III-5

SECTION 10 – Progress Payments ......................................................................................... III-6

SECTION 11 City’s Right to Withhold Certain Amounts and Make Application Thereof III-7

SECTION 12– Final Estimate and Payment ............................................................................ III-7

SECTION 13 – Progress Charts – Project Schedule ............................................................... III-8

SECTION 14– Site Conditions and Restrictions ..................................................................... III-7

SECTION 15 Coordination with Utilities, Other Agencies and Projects ................................ III-8

SECTION 16– Protection of the Work, the Public, and Emergency Response. ................... III-10 iv

SECTION 17 – Claim Notification........................................................................................ III-10

SECTION 18 – Specification Changes. ................................................................................. III-10

SECTION 19 – Liquidated Damages. ................................................................................... III-10

SECTION 20 – Change Orders/Extra Work Format. ............................................................ III-10

SECTION 21 – Eliminated Items. ......................................................................................... III-10

SECTION 22 – Extra Work. .................................................................................................. III-11

SECTION 23 – Site Supervision. .......................................................................................... III-13

SECTION 24 – Examination of Specifications and Site of Work. ........................................ III-13

SECTION 25 – Change Orders/Extra Work Format. ............................................................ III-13

SECTION 26 – Water. ........................................................................................................... III-13

SECTION 27 – Taxes. ........................................................................................................... III-14

SECTION 28 – Work Area Traffic Control. ......................................................................... III-14

SECTION 29 – Other Requirements. .................................................................................... III-14

SECTION 30 – Fire Department Requirements. ................................................................... III-15

SECTION 31 – Paramedics. .................................................................................................. III-15

SECTION 32 – Requirements of the Clean Air and Clean Water Acts. ............................... III-15

SECTION 33 – Spill Prevention Plan. ................................................................................... III-18

SECTION 34 – Precedent of Contract Documents .............................................................. III-18

SECTION 35 – Contract Information Signs . ........................................................................ III-18

SECTION 36 – Mitigation Monitoring & Reporting . .......................................................... III-18

PART IV - Technical Provisions Page v

Technical Provisions. ............................................................................................................... IV-1

PART V - Recycling of Materials Page

Recycling of Materials. ............................................................................................................. V-1

PART VI – Exhibits Page

Exhibit A- Standard Drawings. ................................................................................................ VI-1

Exhibit B- Firestone Blvd and Dearborn Ave Improvement Plans. ........................................ VI-2

Exhibit C- Aeriel Plans. ........................................................................................................... VI-3

Exhibit D- Garfield Ave Sidewalk Improvement Plan ............................................................ VI-4

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City of South Gate

8650 California Avenue. South Gate, CA 90280-3075

(323) 563-9576 Fax (323) 563-9572

Yodit Glaze

City Clerk

THE CITY OF SOUTH GATE

8650 California Avenue

South Gate, California 90280

NOTICE FORMAL INVITING BIDS

Sealed bids will be received at the office of the City Clerk, City of South Gate, California, until

11:00 A.M. on Thursday, August 27, 2026 and on the same day shortly thereafter, they will be publicly opened and read for the “CITYWIDE RESIDENTIAL RESURFACING PROJECT, PHASE V, and on the same day shortly thereafter, they will be publicly opened and read aloud for the "CITYWIDE RESIDENTIAL RESURFACING PROJECT PHASE V (CITY

PROJECT 727-ST)" in accordance with the Specifications therefor. Bids must be made on the forms provided for this purpose, addressed to the City Clerk, City of South Gate, marked "Bid

For," followed by the title of the project and the date and hour for submitting bids. Bids are required for the entire work as described in the Bid Schedule and the Specifications.

OBTAINING BID DOCUMENTS. Bidders may download electronic copies of the Plans, Specifications, and other Contract Documents at no cost from https://pbsystem.planetbids.com/portal/60317/bo/bo-search. Hard copies of the Contract

Documents will not be provided.

NON-MANDATORY PRE-BID CONFERENCE. A non-mandatory pre-bid conference will be conducted online via Zoom on Tuesday, August 18, 2026, at 2:00 p.m. City staff will provide information regarding the Project and answer questions from prospective bidders.

Join Zoom Meeting: https://chaffey-edu.zoom.us/j/87395624975; Meeting ID: 873 9562 4975

Bids will not be received unless they are made on a proposal form furnished in the Contract

Documents by the City of South Gate. Each bid must be accompanied by cash, certified check, cashier’s check or bidder’s bond, made payable to the City of South Gate for an amount equal to at least ten percent (10%) of the amount bid, such guarantee to be forfeited should the bidder to whom the contract is awarded fail to enter into the Contract. All bids shall be valid for a period of 90 days after City’s bid opening date, notwithstanding any award of Contract by the City to another bidder.

https://pbsystem.planetbids.com/portal/60317/bo/bo-search https://chaffey-edu.zoom.us/j/87395624975

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Bids will not be accepted from contractors who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions Code of the State of California. Each

Bidder shall possess a current Class “A” General Engineering Contractor's License. The licenses must be held by the Contractor at the time the bid is submitted, at the time the Contract is awarded, and at all times during the performance of the work under the Contract. necessary for the performance of all Work to be performed at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award. The successful Contractor must also possess a current City business license.

Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.

Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be determined by the Director of Industrial relations of the State of California which are on file with the City Clerk of South Gate and copies will be made available to any interested party on request. These rates shall be the minimum wage rates for this project.

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.

Before a Contract is entered into with the successful bidder, the bidder shall present evidence in writing to the City Clerk, City of South Gate, that he has a current combined single limit liability policy with aggregate limits for Bodily Injury and Property Damage in the amount of one million dollars ($1,000,000).

No contractor or subcontractor may be listed on a bid proposal for a public works project

(submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section

1725.5. This project is subject to compliance monitoring and enforcement by the Department of

Industrial Relations.

Attention is directed to Government Code Sections 4590 and 14402.5 permitting the substitution of specified and approved securities for contract retention of funds. All such securities shall be subject to the review and approval of the City Attorney for the City of South Gate. The successful

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bidder will be required to furnish a payment bond in an amount equal to one hundred percent

(100%) of the contract price, a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price and said bonds shall be secured from a surety company satisfactory to the City Attorney for the City of South Gate.

AFFIRMATIVE ACTION: The City of South Gate hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority 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 sex, race, color, or national origin in consideration for an award.

ASSIGNMENT: In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act

(Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and

Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

Apprenticeship Program: Attention is directed to Section 1777.5, 1777.6 and 1777.7 of the

California Labor Code and Title 8 of the California Administrative Code, Section 200, et seq., to ensure compliance and complete understanding of the law regarding apprentices.

Labor Code, Division 2, Part 7, Chapter-1, Article 2, Section 1773.3 states :

"An awarding City whose public works contract falls within the jurisdiction of Section 1777.5 shall, within five (5) days of the award, send a copy of the award to the Division of Apprenticeship

Standards. When specifically requested by a local joint apprenticeship committee, the division shall notify the local joint apprenticeship committee regarding all such awards applicable to the joint apprenticeship committee making the request. Within five days of the finding of any discrepancy regarding the ratio of apprentices to journeymen, pursuant to the certificated fixed number of apprentices to journeymen, the awarding agency shall notify the Division of

Apprenticeship Standards."

Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub-recipients, the conflict-of-interest provisions in 24CFR 85.36. OMB Circular A-110, and

24CFR 570.611 shall apply. No employee, office, or agent of the sub-recipient shall participate in the selection, award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved.

The City of South Gate reserves the right to reject any and all bids or delete portions of any and all bids or waive any informality or irregularity in the bid or the bid procedures and shall be the sole judge of the bids received. The City of South Gate reserves the right to reject any and all bids or delete portions of any and all bids or waive any informality or irregularity in the bid or the bid procedures and shall be the sole judge of the bids received.

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MATERIALS SUBSTITUTIONS AND OTHER QUESTIONS. Bidders are required to post their questions or equivalent material or substitution request of construction materials to the City

Project Manager online by visiting https://pbsystem.planetbids.com/portal/60317/bo/bo-search.

Any questions or equivalent material or substitution request of construction materials asked by email or by telephone will not be answered. Materials substitutions or questions will be accepted until 4:00 pm on or before, August 17, 2026. Any questions or equivalent material or substitution request of construction materials submitted after, August 7, 2026, will not be answered. Answers to questions and/or any responses to material substitution request will be issued by August 14, 20206, as an addendum. Any addenda and/or supplemental information, as applicable will be posted online and available at https://pbsystem.planetbids.com/portal/60317/bo/bo-search. It is the

Consultant’s responsibility to check online for any addenda that are released. Any changes or corrections to the original Bid Documents or any other information that will affect the completion of the award will be disseminated and posted at https://pbsystem.planetbids.com/portal/60317/bo/bo-search. Bidders shall acknowledge receipt of all addenda documentation (if any) with the submitted bid proposal. Contractor shall not be allowed to make substitution or equal and/or equivalent request of construction material after

August 17, 2026.”

Notice given this August 3, 2026.

By order of the City of South Gate.

Yodit Glaze, City Clerk

City of South Gate, CA

PART I

BIDDING AND CONTRACTUAL

DOCUMENTS

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INSTRUCTIONS TO BIDDERS

1. FORM OF BID AND SIGNATURE

(A) The Proposal shall be submitted on the form hereto and shall be enclosed in a sealed envelope marked and addressed as hereinafter directed.

(A) The bidder shall state the lump sum amount for which he proposes to supply the labor, materials, supplies or equipment, and perform the work required by the specifications.

(B) If the proposal is made by an individual, it shall be signed and his full name and his address shall be given, if it is made by a partnership firm, also sign his own name and the name and address of each partner shall be given, and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the name and titles of all officers of the corporation shall be given.

(D) The City of South Gate reserves the right to reject any and all bids or reject portions of any and all bids or waive any informality or irregularity in the bid or the bid procedure. The

City shall be the sole judge of the bids received and take all bids under advisement for a period of 120 days.

2. INTERPRETATION OF DRAWINGS AND SPECIFICATIONS

If any person contemplating the submittal of a bid for the proposed contract is in doubt as to the true meaning of any requirement of the Contract Documents or he finds any discrepancies in or omissions from the Contract Documents, he may submit to the Engineer a written request for an interpretation or correction thereof. The written request must be received at least seven (7) calendar days prior to the date fixed for opening of bids. The person making the request will be responsible for its prompt delivery. Interpretations or corrections will be made only by addenda to specifications or by dated revisions or drawings with a copy of each addition or change being furnished through the City of South Gate (herein “City”) to each prospective bidder.

3. PREPARATION OF THE PROPOSAL

1. Blank spaces in the Proposal and Bid Schedule(s) shall be properly filled. The phraseology of the proposal must not be changed, and no additions shall be made to the items mentioned therein.

Unauthorized conditions, limitations or provisions attached to a proposal will render it informal and may cause its rejection. Alterations by erasure of interlineations must be explained or noted in the proposal over the signature of the bidder.

2. A bidder may withdraw his proposal before the hour fixed for opening bid by submitting a written request to the City for its withdrawal. On receipt of this written request, the

I-2 proposal will be returned unopened.

3. No proposal may be withdrawn after the hour fixed for opening of bids without rendering the accompanying certified or cashier’s check or bidder’s bond subject to forfeiture as liquidated damages in like manner as in the case of failure to execute the contract after award, as hereinafter provided. All bids shall be valid for a period of 120 days after City’s bid opening date, notwithstanding any award of contract by the City to another bidder.

(D) No proposal received after the time named or at any place other than the place stated in the Notice Inviting Bids will be considered. All proposals will be opened and declared publicly. Bidders, their representatives, and others interested are invited to be present at the opening. The City reserves the right to waive any informality in any proposal, to reject any or all proposals, and to make award to the lowest responsible bidder as the interest of the City may require. The bidder shall name in his bid the surety or sureties which have agreed to furnish said bonds.

4. REGISTRATION OF CONTRACTORS

Before submitting bids, Contractors shall be licensed in accordance with the provisions of

Chapter 9, Division 3, of the Business and Professions Code of the State of California. The

Contractor shall be required to possess a current “Classification A, General Engineering

Contractor" the aforementioned at the time the contract is awarded.

5. LIST OF SUBCONTRACTORS FILED WITH BID

In accordance with the provisions of the Sections 4100 through 4113, inclusive, of the

Government Code of the State of California, each bidder shall submit with his proposal the name, location of place of business, and contractor’s license information of each proposed subcontractor who will perform work or labor or render service to the principal Contractor in an amount in excess of one half (½) of one percent (1%) of the principal Contractor’s bid and shall state the portions of the work which will be done by each such subcontractor.

6. BIDDERS INTERESTED IN MORE THAN ONE BID

No person, firm or corporation shall make, file, or be interested in more than one proposal for the same work. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices of materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders.

7. LOWEST RESPONSIBLE BIDDER

In selecting the lowest responsible bidder, consideration will be given to the general competency of the bidder for the performance of the work covered by the bid. To receive consideration, a bidder shall be required to certify that the bidder has successfully performed similar work of comparable magnitude for at least three (3) projects per the “Contractor’s Qualification

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Statement” included herein. References will be verified by the City. Professional integrity and honesty of purpose shall be essential requirements. The bidder shall furnish the City any additional information as may be requested by the City. The City Engineer and staff shall have absolute discretion as to the evaluation of past work performance of any bidder and his decision in regards thereto shall not be subject to challenge unless completely arbitrary and capricious.

8. BID BOND OR CHECK

Each bidder shall submit with his bid an unconditional certified or cashier’s check drawn on a solvent state or national bank, or a bidder’s bond with a responsible corporate surety, on the form attached hereto subject to the provisions of the Notice Inviting Bids and the Complementary

Provisions hereof. Said bid security or bidder’s bond shall be in a sum not less than ten percent

(10%) of the amount of the base bid, and shall be made payable to the City as a guarantee that the bidder will, if an award is made to him in accordance with the terms of his Proposal, promptly execute a contract in the required form, provide certificate for workers’ compensation coverage, and furnish satisfactory Performance and Payment Bonds and proof of insurance coverage.

9. LOCAL CONDITIONS

(A) Bidders shall read the specifications, examine the site and make their own estimates of the existing conditions and the difficulties which attend the execution of the work called for by the proposed contract, including local conditions, uncertainty of weather, and all other contingencies.

(B) Bidders shall satisfy themselves by personal examination of the location of the proposed work, and by such other means as they may choose as to actual conditions and requirements necessary to bid. Information derived from the specifications or drawings, or from the City Engineer or his assistants, shall not relieve the bidder of this responsibility.

10. BID PROTEST

Any person or entity may present a formal protest to the City with respect to solicitations being conducted by staff.

(1) Definitions

“Bidder” means any person or firm providing a timely, written response to the City solicitation.

“Bid Protest” means any protest with regard to the response submitted by another bidder.

“Response” means the written response to the City solicitation provided by a person or firm.

“Solicitation Protest” means a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents, determinations or actions taken or contemplated by the City with respect to a solicitation.

“Solicitation” means the document by which the City identifies goods, equipment, services or public construction projects for which it seeks a response.

(2) Format

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The protest must be in writing and include the following information at a minimum:

(a) The name, address and phone number of the protester, or the authorized representative of the protester;

(b) The signature of the protester or authorized representative of the protester;

(c) The solicitation number and title under which the protest is submitted;

(d) A detailed description of the legal and/or factual grounds for the protest and all supporting documentation. For protests containing elements not based on publicly released information the protest must contain documentation clearly showing the date on which the protester received the information; and

(e) The form of relief requested.

(3) Solicitation Protests

Protests of any kind regarding the solicitation including, but not limited to, specifications, scope of work or process, must be received by the City’s Purchasing Agent not more than five calendar days after the last day for questions or the last addendum is issued, whichever is later. The decision by the Purchasing Agent on any solicitation protest shall be final.

(4) Bid Protest and Review

(a) The protest, in the Format specified above, must be submitted to the City Manager by email or by personal delivery or overnight mail (to City Hall 8650 California Avenue , South

Gate, CA 90280) so that it is received by the City no later than seven calendar days after the bid opening.

(b) A copy of the protest must be served upon the bidder subject to the protest in the same manner by which the protest was submitted to the City Manager. Failure to serve the protest upon the bidder subject to the protest is grounds upon which the City may deny the protest.

(c) A bidder whose bid has been protested by another bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail (to City

Hall, 6615 Passons Blvd., Pico Rivera, CA 90660-1016) so that it is received by the City no later than seven calendar days after the protest has been served by the protesting bidder.

(d) The City Manager or designee shall have up to ten calendar days to decide whether to approve or reject the protest. The written decision of the City Manager or designee on the protest shall be served upon the protesting bidder and any bidder subject to the protest within 14 calendar days of receipt of the bid protest. The City Manager or designee may extend the

10 calendar days if necessary to review additional information requested from any bidder.

(e) The decision of the City Manager or designee on the bid protest shall be final with no further review.

(5) State or Federal Funding

(a) If the subject matter of the solicitation or project is receiving any State or Federal funds which requires a protest procedure different than the procedures stated above, then that protest procedure shall control.

(b) In the event there is any lawsuit filed against the City relating to any federally funded project, the City will provide prompt notice of that lawsuit to all agencies who participated in the funding of the project.

(6) Mandatory Procedure.

This administrative procedure and the time limits set forth herein are mandatory. Failure to comply with these mandatory procedures shall constitute a waiver of any right to pursue the bid protest, including filing a Government Code claim or any legal proceedings or

I-5 actions.

11. EXECUTION OF CONTRACT

A bidder to whom award is made shall execute a written contract with the City on the form of agreement attached hereto, provide certificate for workers’ compensation coverage, and furnish good and approved bonds as required in the following paragraph, all in accordance with the provisions hereof within ten (10) days (not including Sundays or holidays) or such additional time as may be allowed by the City Engineer from the date of mailing of a notice from the City to the bidder, according to the address given by him, of the acceptance of his proposal. If a bidder to whom award is made fails or refuses to enter into contract as herein provided, or to conform to any of the stipulated requirements in connection therewith, the money represented by his check or bidder’s bond shall become the property of the City as provided in Paragraph 8 hereof, and the award will be annulled; and at the discretion of the City, a new award may be made to the second lowest responsible bidder, and such bidder shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made. A corporation to which an award is made shall be required, before the Contract is finally executed, to furnish evidence of its corporate existence, of its right to do business in California, and of the authority of the officer, manager, partner, or other authorized individual signing the contract and bonds for the entity.

12. FINANCIAL CONDITION

The City may request a complete, notarized financial statement from the contractor prior to the award of the contract and will notify the Contractor if said statement will be required.

13. BONDS

All bonds shall be written and executed by a corporate surety with a Best’s rating of A:V or better. In conformance with the Proposal, Part I, Bidding and Contractual Documents, a bidder to whom the contract is awarded shall, within the time mentioned in said Proposal furnish a bond with a responsible corporate surety or corporate sureties conditioned upon the faithful performance of said bidder of all covenants and stipulations in the Contract Documents. Said bond, hereinafter referred to as the Performance and Guarantee Bond, shall be on the mandatory form included as a part of these Contract Documents and shall be in accordance with the following:

(A) Amount of Security- Contractor shall provide as security to the City

(1) For Performance and Guarantee: Security in an amount equal to one hundred

(100) percent of the estimated total cost of the improvements. With this security the form of which shall be subject to the City’s prior approval, the Contractor shall assume faithful performance of the agreement and guarantee improvements for one year after the completion and acceptance of the last of such improvements

I-6 against any defective workmanship or materials or any unsatisfactory performance. The estimated total cost of the improvements shall be subject to prior approval of the City Engineer and shall provide for (a) not less than five percent (5%) nor more than ten percent (10%) of the estimated total cost for contingencies and (b) an increase for projected inflation computed to the estimated midpoint of construction.

(2) For Payment: Security in an amount equal to one hundred (100) percent of the estimated total cost of the improvements. With this security the form of which shall be subject to the City’s prior approval, the Contractor shall guarantee payment to subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Contractor.

B. Reduction or Release of Security. Upon acceptance of improvements by the City, and upon request of the Contractor, the security may be reduced as follows:

(1) Security for performance and guarantee: Unless Contractor submits new or additional warranty security in an amount equal to ten percent of the estimated total cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than ninety percent of the aggregate principal amount thereof prior to the expiration of the one-year guarantee and warranty period specified in subsection a (1) of this section, nor until all claims filed or deficiencies identified during such period have been settled or corrected. New or additional warranty security shall be released upon expiration of the one-year guarantee and warranty period, provided that all claims filed or deficiencies identified during the period have been settled or corrected.

(2) Security for payment: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, six months after acceptance of all of the improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations for which the security was given.

14. INSURANCE POLICIES AND BONDS

Attention is invited to the provisions of the Insurance Code of the State of California with reference to the writing of insurance policies and bonds covering risks located in this state, and the premiums and commissions thereon. A bidder to whom the Contract is awarded shall furnish, at the time his bond or bonds are submitted for approval, satisfactory evidence that the requirements of said code have been observed.

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15. LIABILITY INSURANCE

Before the contract is executed on behalf of the City, a bidder to whom the Contract has been awarded shall furnish to the City a policy or certificate of protective liability insurance in which the City shall be named as an additional named insured with the bidder. The policy shall insure the City, the City of South Gate, and their officers, employees, elected officials, and agents; the bidder, his employees and his subcontractors and their employees, and their heirs, agents, and employees, while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed and shall remain in full force and effect until the work is accepted by the City.

16. INDEMNIFICATION

The Contractor shall indemnify, hold harmless and defend (with counsel selected by the South

Gate City), the City of South Gate, South Gate City, consultants and sub-consultants, their respective officers, agents, employees, from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury, death arising out of or connected with the Contractor’s obligation to indemnify, the City of South Gate, consultants, sub-consultants, as stated hereinabove shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City of South Gate

City’s choice in representing the City of South Gate City, the City of South Gate, consultants and sub-consultants in connection with any such claims, losses, lawsuits or actions. THIS

PROVISION SHALL SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE

PROVIDED UNDER THIS AGREEMENT.

17. ASSIGNMENT OF CONTRACT

No assignment by the Contractor of any contract to be entered into in accordance with the Notice

Inviting Bids and these Instructions to Bidders, or any part thereof, or of funds to be received thereunder, will be recognized by the City unless has had prior approval of the City and Surety has had notice of such assignment in writing and has given his written consent thereto.

Notwithstanding the foregoing, and to the extent permitted by law, the City has the absolute right to refuse, on any grounds or no grounds, any and all assignments or attempted assignments of the Contract Documents or of any rights to payment pursuant thereto.

18. NON-COLLUSION AFFIDAVIT

The City reserves the right, before any award of the contract is made, to require any bidders to whom it may make an award of the principal contract, to execute a Non-Collusion Affidavit in the form attached hereto.

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19. LABOR COMPLIANCE

(A) The Contractor must comply with the prevailing wage rates as determined by the State of California. Pursuant to the provisions of Section 1–3 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute this contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk of the

City of South Gate and copies will be made available to any interested party on request.

Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. The provisions of Section 1810 to 1815 of the Labor Code will be compiled .

(B) All mechanics and laborers employed or working upon the site of the work in the construction or development of the project, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations under Copeland Act 29 CFR Part

3), the full amount due at time of payment computed as wage rates not less than those contained in the above determination, regarding of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. For the purpose of this clause, contributions made or cost reasonably anticipated under section 1

(b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subjected to the provisions of 29 CFR 5.5. (a) (1)

(iv). Also, for the purpose of this clause, regular contributions made or cost incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

(C) The Contractor shall not require nor permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such work week unless such laborer or mechanic compensation at a rate not less than one and one-half ( 1 ½) times basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or in excess of forty

(40) hours in such week, as the case may be.

(D) The Contractor shall submit weekly a copy of all certified payroll to the City. The copy shall be accompanied by a statement signed by the employer and his agent indication that the payroll are corrected and completed, that the wage rates contained therein are not less than those determined by the Director of the Department of Industrial Relationship and that the classification set forth for each laborer or merchant conforms with the work he performed. The prime contractor shall be responsible for the submission of copies of payroll of all subcontractors. The Contractor will make the records required under labor standards clauses of the Contractor available for inspection by authorized representatives of the City and Department of Labor and will permit such representative to interview employees during working hours on the job. Contractors employing apprentices or

I-9 trainees under approved programs shall include a notation on the first weekly certificate payroll submitted to the contracting agencies that their employment is pursuant to an approved program and shall identify the program. Payroll and basic records relationship thereto will be maintained by the Contractor during the course of the work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work in the construction or development of the project.

(E) The Contractor shall insert in any subcontracts the required of this section and also clause required any subcontractor to include these requirements in any lower tier subcontracts into which they may in turn be made.

20. SB 854 REQUIREMENTS

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5

[with limited exceptions from this requirement for bid purposes only under Labor Code section

1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor

Code section 1725.5. This project is subject to compliance monitoring and enforcement by the

Department of Industrial Relations.

21. CARGO PREFERENCE ACT (CPA)

This project requires compliance with all regulations pursuant to the Cargo Preference Act

(CPA) as per 46 CFR 381.7(a)-(b). The Contractor and subcontractor shall comply with all mandated CPA regulations. To learn more about Implementation of Cargo Preference Act

Requirements in the Federal-Aid Highway Program, visit:

http://www.fhwa.dot.gov/construction/cqit/cargo/151211.cfm

In addition, all contractors must comply with Governor Gavin Newsom issued Executive Order

N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-

Order.pdf.

22. SUB- CONTRACTOR MARK-UP

It is understood that labor, materials, and equipment may be furnished by the Contractor or by the Subcontractor on behalf of the Contractor. When all or any part of the extra work is performed by a Subcontractor, the allowance specified herein shall be applied to the labor, materials, and equipment costs of the Subcontractor, to which the Contractor may add 5 percent http://www.fhwa.dot.gov/construction/cqit/cargo/151211.cfm https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf

I-10 of the Subcontractor's total cost for the extra work. Regardless of the number of hierarchical tiers of Subcontractors, the 5 percent increase above the performing subcontractor's total cost which includes the allowances for overhead and profit may be applied one time only.

23. BUY AMERICA

Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.

Steel and Iron Materials

All steel and iron materials must be melted and manufactured in the United States except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the

United States may be used if authorized.

Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

Manufactured Products

Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron

Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.

Construction Materials

Buy America requirements apply to the following construction materials that are or consist primarily of:

1. Non-ferrous metals

2. Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)

3. Glass (including optic glass)

4. Lumber

5. Drywall

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Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.

Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.

All manufacturing processes for these materials must occur in the United States.

Buy America requirements do not apply to the following:

1. Tools and construction equipment used in performing the work

2. Temporary work that is not incorporated into the finished project

Waivers

If Buy America waivers are granted, use the following language to include in the contract:

The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy

America requirements:

1. _______________________________

2. _______________________________

23. QUALITY ASSURANCE

The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for

QAP.

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CONTRACTOR’S CHECKLIST

The Contractor shall submit the following items with this proposal:

Specification Item

Check

Page No.

20 List of Sub-Contractors

24 Contractor’s Industrial Safety Record.

25 Contractor’s Qualification Statement

26 Contractor’s Organization Statement and Performance History

28 Additional Information and/or Comments

29 Equals

30 Certification of Non-Discrimination and Affirmative Action.

31 10% Bid Security Forms for Check or bond to accompany bid.

32 Bid bond.

33 Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s Licensing Laws.

48 Non-Collusion Affidavit

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Contractor Name:__________________________

PROPOSAL

TO THE HONORABLE MAYOR AND MEMBERS

OF THE CITY COUNCIL OF THE

CITY OF SOUTH GATE, CALIFORNIA

The undersigned hereby proposes to perform all work for which a contract may be awarded him and to furnish any and all labor, material, equipment, transportation and other facilities required for together with appurtenances thereto, all as set forth in the Specifications, and other Contract

Documents, and he further proposes and agrees that, if his bid is accepted, he will contract in the form and manner stipulated, to perform all work called for by the Specifications and other Contract

Documents, and to complete all such work in strict conformity therewith within the time limits set forth therein, and that he will accept as full payment therefore, the total bid amounts named in the

Bid Schedule(s) forming a part hereof. A bid bond in favor of the City of South Gate for

Dollars ($ ) which amount is not less than ten percent (10%) of the total amount of his proposal which is attached hereto and is given as a guarantee that the undersigned will execute the agreement and furnish the required bonds if awarded the Contract and in case of failure to do so within the time provided, said check or bid bond shall be forfeited to the City of South Gate. The face amount of bid bond shall be considered established.

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It is understood and agreed that:

1.The undersigned has carefully examined all the Contract Documents which will form a part of the Contract; namely, Notice Inviting Bids, Instructions to Bidders, Proposal Forms, the Bid

Schedules, the Contractor’s Industrial Safety Record, the Contractor’s Qualification Statement, the

Worker’s Compensation Insurance Certificate, the Construction Agreement, Performance Bond, Payment Bond, Warranty Bond, Non-Collusion Affidavit, Specifications and Construction

Drawings, and all revisions or addenda setting forth any modifications or interpretations of any of said documents.

2.The undersigned has by investigation at the site of the work and otherwise satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters which can in any way…