CONSTRUCTION AND BID DOCUMENTS - Shafter Aquatics Center Site Improvements Project.pdf

CONSTRUCTION AND BID DOCUMENTS

SHAFTER AQUATICS CENTER

SITE IMPROVEMENTS PROJECT

[PF00004.2]

- BID OPENING -

Friday, July 18, 2025 at 11:00 AM

CITY OF SHAFTER PUBLIC WORKS DEPARTMENT

720 COMMERCE WAY

SHAFTER, CA 93263

- PRE-BID CONFERENCE -

Tuesday, July 8, 2025 at 10:00 AM

CITY OF SHAFTER CITY HALL

336 PACIFIC AVE

SHAFTER, CA 93263

Prepared By:

City of Shafter

Engineering Division

Version 6/26/2025 3:44 PM

TABLE OF CONTENTS

NOTICE INVITING BIDS

INSTRUCTION TO BIDDERS

1. SECURING DOCUMENTS

2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

3. INTERPRETATION OF DRAWINGS AND DOCUMENTS

4. PRE-BID CONFERENCE

5. ADDENDA

6. ALTERNATE BIDS

7. COMPLETION OF BID FORMS

8. MODIFICATIONS OF BIDS

9. SUBCONTRACTORS

10. LICENSING REQUIREMENTS

11. BID GUARANTEE (BOND)

12. IRAN CONTRACTING ACT OF 2010

13. NON-COLLUSION DECLARATION

14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

15. BIDDER INFORMATION AND EXPERIENCE FORM

16. WORKERS' COMPENSATION CERTIFICATION

17. SIGNING OF BIDS

18. SUBMISSION OF SEALED BIDS

19. OPENING OF BIDS

20. WITHDRAWAL OF BID

21. BIDDERS INTERESTED IN MORE THAN ONE BID

22. SUBSTITUTION OF SECURITY

23. PREVAILING WAGES

24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

25. INSURANCE REQUIREMENTS

26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

28. PERMIT AND INSPECTION FEE ALLOWANCE

29. FILING OF BID PROTESTS

30. BASIS OF AWARD; BALANCED BID

31. AWARD PROCESS

32. EXECUTION OF CONTRACT

33. QUESTIONS

34. CARB CONTRACTING REQUIREMENTS

BID FORMS

CONTRACT AND BOND FORMS

GENERAL CONDITIONS

1. DEFINED TERMS

2. CONTRACT DOCUMENTS

3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION

4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE

5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK

6. MOBILIZATION

7. EXISTENCE OF UTILITIES AT THE WORK SITE

8. SOILS INVESTIGATIONS

9. CONTRACTOR’S SUPERVISION

10. WORKERS

11. INDEPENDENT CONTRACTORS

12. SUBCONTRACTS

13. VERIFICATION OF EMPLOYMENT ELIGIBILITY

14. REQUESTS FOR SUBSTITUTION

15. SHOP DRAWINGS

16. SUBMITTALS

17. MATERIALS

18. PERMITS AND LICENSES

19. TRENCHES

20. TRAFFIC CONTROL

21. DIVERSION OF RECYCLABLE WASTE MATERIALS

22. REMOVAL OF HAZARDOUS MATERIALS

23. SANITARY FACILITIES

24. AIR POLLUTION CONTROL

25. LAYOUT AND FIELD ENGINEERING

26. TESTS AND INSPECTIONS

27. PROTECTION OF WORK AND PROPERTY

28. CONTRACTOR’S MEANS AND METHODS

29. AUTHORIZED REPRESENTATIVES

30. HOURS OF WORK

31. PAYROLL RECORDS; LABOR COMPLIANCE

32. PREVAILING RATES OF WAGES

33. PUBLIC WORKS CONTRACTOR REGISTRATION

34. EMPLOYMENT OF APPRENTICES

35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY

36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

37. LABOR/EMPLOYMENT SAFETY

38. INSURANCE

39. FORM AND PROOF OF CARRIAGE OF INSURANCE

40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

41. COST BREAKDOWN AND PERIODIC ESTIMATES

42. PROGRESS ESTIMATES AND PAYMENT

43. SECURITIES FOR MONEY WITHHELD

44. CHANGES AND EXTRA WORK

45. FINAL ACCEPTANCE AND PAYMENT

46. OCCUPANCY

47. INDEMNIFICATION

48. PROCEDURE FOR RESOLVING DISPUTES

49. CITY’S RIGHT TO TERMINATE CONTRACT

50. WARRANTY AND GUARANTEE OF WORK

51. DOCUMENT RETENTION & EXAMINATION

52. SEPARATE CONTRACTS

53. NOTICE AND SERVICE THEREOF

54. NOTICE OF THIRD PARTY CLAIMS

55. STATE LICENSE BOARD NOTICE

56. INTEGRATION

57. ASSIGNMENT OF CONTRACT

58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY

59. ASSIGNMENT OF ANTITRUST ACTIONS

60. PROHIBITED INTERESTS

61. CONTROLLING LAW

62. JURISDICTION; VENUE

63. LAWS AND REGULATIONS

64. PATENTS

65. OWNERSHIP OF CONTRACT DOCUMENTS

66. NOTICE OF TAXABLE POSSESSORY INTEREST

67. SURVIVAL OF OBLIGATIONS

68. CARB CONTRACTING REQUIREMENTS

SPECIAL CONDITIONS

1. ENGINEER OF RECORD

2. LOCATION OF THE PROJECT

3. SHARED COST SAVINGS FOR REDUCTIONS IN CONTRACT PRICE; VALUE ENGINEERING

4. STATUS OF THE PROJECT AREA AND RIGHTS-OF-WAY

5. SITE DATA

6. PRE-PURCHASED OR PRE-NEGOTIATED MATERIAL

7. DESIGNATION OF CITY’S REPRESENTATIVE

8. MODIFICATION OF HOURS OF WORK

9. PROJECT RETENTION

10. REVERSE LIQUIDATED DAMAGES DUE TO UNREASONABLE CITY DELAY

11. LIQUIDATED DAMAGES DUE TO CONTRACTOR DELAY

12. UTILITY OUTAGES – NOTICES TO RESIDENTS

13. SCHEDULE CONSTRAINTS

14. NOISE RESTRICTIONS

15. SAFETY PROGRAMS

16. COORDINATION WITH OTHER CONTRACTORS

GENERAL REQUIREMENTS

1. DESCRIPTION

2. RELATED REQUIREMENTS SPECIFIED ELSEWHERE

3. LAYOUT OF WORK AND QUANTITY SURVEYS

4. SCHEDULE

5. TEMPORARY FIELD OFFICE

6. PROTECTION OF WORK AND PROPERTY

7. SITE CONDITIONS SURVEYS

8. SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS

9. MATERIALS

10. LOCAL CONDITIONS AND REQUIREMENTS

11. ENVIRONMENTAL QUALITY PROTECTION

TECHNICAL SPECIFICATIONS

1. PROVISIONS OF STANDARD SPECIFICATIONS

2. GENERAL NOTES

3. NOTE REGARDING EXISTING UNDERGROUND CONDITIONS

4. OBSTRUCTIONS

5. SWPPP – ADDITIONAL INFORMATION

6. CONCRETE IMPROVEMENTS - GENERAL REQUIREMENTS

7. DEMOLITION & REMOVAL

8. EARTHWORK

9. SUBGRADE PREPARATION

10. CONCRETE CURB & GUTTER

11. SIDEWALK

12. WHEELCHAIR (A.D.A.) RAMPS

13. CROSS GUTTER & SPANDRELS

14. DRIVE APPROACHES

15. CONCRETE FORMWORK

16. REINFORCED CAST-IN-PLACE CONCRETE

17. CONCRETE REINFORCEMENT

18. JOINT SEALANT MATERIALS

19. AGGREGATE BASE (CALTRANS STANDARD SPECIFICATIONS SECTION 26, 2018)

20. HOT MIX ASPHALT (CALTRANS STANDARD SPECIFICATIONS SECTION 39, 2010)

21. ASPHALTIC PAINT BINDER

22. FOG SEAL

23. TRAFFIC STRIPING

24. ADJUSTING EXISTING FACILITIES

25. TRENCHING, EXCAVATION, AND BACKFILL WITHIN CITY R.O.W. AND EASEMENTS

26. SHEETING, SHORING, AND BRACING

27. MATERIAL HANDLING

28. GRAVITY SEWER PIPE

29. GRAVITY SEWER PIPE INSTALLATION

30. MANHOLES

31. MANHOLE FRAME & COVER

32. FINAL ACCEPTANCE OF SEWER

33. WATER PIPE (PVC)

34. WATER VALVES

35. WATER PIPE FITTINGS

36. THRUST DEVICE

37. INSTALLATION OF WATER PIPE AND FITTINGS

38. FINAL ACCEPTANCE OF WATERLINE

39. CONSTRUCTION SURVEYING

40. MATERIALS TESTING

41. CONSTRUCTION WATER

NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the City of Shafter (“City”) invites and will receive sealed Bids up to but not later than 11:00 AM on FRIDAY, JULY 18, 2025 at the office of the Office of the City Engineer, located at 720 Commerce Way, Shafter, California 93263, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for SHAFTER AQUATICS CENTER SITE IMPROVEMENTS PROJECT [PF00004.2] (the “Project”). At said time, Bids will be publicly opened and read aloud at the Engineering Counter. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

Bids must be submitted on the City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from City of Shafter Engineering & Public Works Department at 720 Commerce Way, Shafter, CA 93263. First set of plans and specification is available at no charge with any additional sets available for a non-refundable fee of $20.00 per set.

Additional charges will be required of any bidder who requests that the Contract Documents be mailed (costs for out-of-state mailings will be higher). To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

Bidders may also obtain a copy of the Contract Documents from the City of Shafter website (www.shafter.com): City Departments → Engineering Department → Construction Contract, Requests for Proposals (RFP) → Current Construction Projects out for Bid.

It is the responsibility of each prospective bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on www.shafter.com. It is the responsibility of each prospective bidder to check www.shafter.com on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on www.shafter.com may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by www.shafter.com.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of Shafter as bid security. The bid security shall be provided as a guarantee that within five (5) working days after the City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City.

A Non-Mandatory Pre-Bid Conference is scheduled for 10:00 AM on TUESDAY, JULY 8, 2025 to review the Project's existing conditions at City of Shafter Public Works Department located at 720 Commerce Way, Shafter, CA 93263.

Representatives of the City and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre- Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference.

The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract.

http://www.shafter.com/ http://www.shafter.com/

If the total compensation under the Contract will exceed $25,000 and pursuant to Labor Code Section 1773, the City will obtain the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Kern County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this Contract. A copy of these prevailing wage rates may be obtained via the internet at:

www.dir.ca.gov/dlsr/.

In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Engineering and Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site.

It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

If the total compensation under the Contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted, nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.

Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the contract: CLASS A

Substitution requests shall be made within 35 calendar days after the award of the contract. Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.

The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the City from the BASE BID ALONE. City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For further information, contact Alex Gonzalez, Deputy Public Works Director – Capital Projects @ agonzalez@shafter.com or (661) 746-5004.

END OF NOTICE INVITING BIDS

http://www.dir.ca.gov/dlsr/ https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf mailto:agonzalez@shafter.com

INSTRUCTION TO BIDDERS

1. SECURING DOCUMENTS

Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated OR the website as specified in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project.

Addenda, if any, issued during the bid period will be sent only to those contractors who have obtained documents from the City and will be posted on www.shafter.com. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.

2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.

3. INTERPRETATION OF DRAWINGS AND DOCUMENTS

Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the City a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective Bidder who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the City.

4. PRE-BID CONFERENCE

A Non-Mandatory Pre-Bid Conference is scheduled for 10:00 AM on Tuesday, July 8, 2025 to review the Project's existing conditions located at 720 Commerce Way, Shafter, CA 93263. Representatives of the City and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference.

5. ADDENDA

The City reserves the right to revise the Contract Documents prior to the Bid opening date. Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide City a name, address, email address, and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Office of the City Engineer to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.

6. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder.

7. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.

8. MODIFICATIONS OF BIDS

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents.

Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

9. SUBCONTRACTORS

Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104.

10. LICENSING REQUIREMENTS

Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.

11. BID GUARANTEE (BOND)

Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of Shafter; or

(c) a Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of Shafter as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder or may call for new bids. No interest shall be paid on funds deposited with the City. City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract.

12. IRAN CONTRACTING ACT OF 2010

In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury.

13. NON-COLLUSION DECLARATION

Bidders on all public works contracts are required to submit a declaration of non-collusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury.

14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of

Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

15. BIDDER INFORMATION AND EXPERIENCE FORM

Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.

16. WORKERS' COMPENSATION CERTIFICATION

In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

The form of such Workers' Compensation Certificate is included as part of this document.

17. SIGNING OF BIDS

All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom.

The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

18. SUBMISSION OF SEALED BIDS

Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Engineering Department of the City before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof:

Bid of (Bidder’s Name) for the Shafter Aquatics Center

Site Improvements Project

[PF00004.2]

Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery.

19. OPENING OF BIDS

At the time and place set for the opening and reading of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

The public reading of each bid will include the following information:

• The name and business location of the bidder.

• The nature and amount of the bid security furnished by bidder.

• The bid amount.

Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids. The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

20. WITHDRAWAL OF BID

Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.

Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City.

21. BIDDERS INTERESTED IN MORE THAN ONE BID

No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders. No person, firm, corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.

22. SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon the percentage of the Work completed.

The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

23. PREVAILING WAGES

If the total compensation under the Contract will exceed $25,000, the City will obtain from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the Engineering and Public Works Department of the City upon request or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

25. INSURANCE REQUIREMENTS

Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.

26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award.

27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.

28. PERMIT AND INSPECTION FEE ALLOWANCE

Notwithstanding anything contained herein, the Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance.

29. FILING OF BID PROTESTS

Bidders may file a “protest” of a Bid with the City Engineer. In order for a Bidder’s protest to be considered valid, the protest must:

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

• Be filed in writing within five (5) calendar days after the bid opening date;

• Clearly identify the specific irregularity or accusation;

• Clearly identify the specific City staff determination or recommendation being protested;

• Specify in detail the grounds for protest and the facts supporting the protest; and

• Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, the City may reject the protest without further review.

If the protest is timely and complies with the above requirements, the City Engineer, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information.

The City Engineer will provide a written decision to the protestor.

The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

30. BASIS OF AWARD; BALANCED BID

The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the Total Bid Price. If the project includes bid alternates, award will still be based on the Total Bid Price.

The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

31. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) working days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty (20) working days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.

32. EXECUTION OF CONTRACT

As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.

33. QUESTIONS

Questions regarding this Notice Inviting Bids may be directed to the Deputy Public Works Director – Capital Projects, Alex Gonzalez, at (661) 746-5004, or email at agonzalez@shafter.com. No other members of the City’s staff or governing body should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the mailto:agonzalez@shafter.com

City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.

34. CARB CONTRACTING REQUIREMENTS

A. The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

END OF INSTRUCTION TO BIDDERS

BID FORMS

BID FORM

Bids will be received at the City of Shafter Public Works Department, 720 Commerce Way, Shafter, California 93263, until 11:00 AM on FRIDAY, JULY 18, 2025.

NAME OF BIDDER: ______________________________________________

City of Shafter 720 Commerce Way

Shafter, California 93263

The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:

Shafter Aquatics Center Site Improvements Project

[PF00004.2]

We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No. ________________________________________________

1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

2. Attached is the completed Designation of Subcontractors form.

3. Attached is the fully executed Non-Collusion Declaration form.

4. Attached is the completed Iran Contracting Act Certification form.

5. Attached is the completed Public Works Contractor Registration Certification form.

6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.

7. Attached is the completed Bidder Information and Experience form.

8. Attached is the completed Fleet Compliance Certification form.

BID SCHEDULE

ITEM DESCRIPTION QTY UNITS UNIT COST ITEM COST

A. SHAFTER AQUATIC CENTER SITE IMPROVEMENTS

A1 DEMO & REPLACE SIDEWALK,

WHEELCHAIR RAMPS, & ASSOCIATED

CURBING

2,278 SF

A2 DEMO & REPLACE CURB & GUTTER 210 LF

A3 DEMO & REPLACE MODIFIED CURB &

GUTTER

94 LF

A4 DEMO & REPLACE RESIDENTIAL DRIVE

APPROACH

187 SF

A5 DEMO & REPLACE COMMERCIAL DRIVE

APPROACH

344 SF

A6 DEMO & REPLACE CROSS GUTTER &

SPANDRELS AT SUNSET AVE

1 LS

A7 DEMO & REPLACE CROSS GUTTER &

SPANDRELS AT CAIFORNIA AVE

1 LS

A8 DEMO & REPLACE CROSS GUTTER &

SPANDRELS AT GOLDEN WEST AVE

1 LS

A9 2' ASPHALT PATCH, 4” THICK (1/2” HMA,

PG64-10)

1,732 SF

A10 TRAFFIC STRIPING & SIGNAGE 1 LS

A11 TRAFFIC CONTROL 1 LS

A12 MOBILIZATION 1 LS

TOTAL BID PRICE:

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” 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 Unit Price.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

If the Contract Documents specify Alternate Bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above (please check the appropriate box), in the City’s sole discretion. The City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).

ITEM DESCRIPTION QTY UNITS UNIT COST ITEM COST

ALTERNATE BID ITEMS

TOTAL ALTERNATE BID ITEMS:

The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the City provides the successful bidder with the Notice of Award.

Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.

The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done.

If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within Kern County for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file at the City’s Administration Office and shall be made available to interested parties upon request.

Enclosed find cash, bidder’s bond, or cashier’s or certified check No. _______________ from the _____________________________ Bank in the amount of ________________________________, which is not less than ten percent (10%) of this bid, payable to City of Shafter as bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work.

The bidder furthermore agrees that in case of bidder’s default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder’s bond, or cashier’s or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the City of Shafter.

Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of _______________________________.

Bidder confirms license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):

If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.

Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within ten (10) working days from the date the City provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California.

The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than “A-” and a Financial Size Category of not less than “Class VII” according to the latest Best Key Rating…