INQUIRIES: Direct questions for clarification of this Invitation to Bid:

Olimpia Frederick, Purchasing Officer

Telephone: 661•326•3914

Fax: 661•852•2100 E-Mail: ofrederick@bakersfield.gov

SUBMITTAL: One (1) signed original bid and one (1) copy of the signed original bid must be received on or before:

11:00 a.m., November 19, 2026

Bids received after the time and date stated above shall be returned unopened to the bidder.

Addressed to: Purchasing Division

City of Bakersfield

1600 Truxtun Avenue, Second Floor

Bakersfield, California 93301

Pre-Bid Conference: 8:30 a.m., November 13, 2026

(mandatory) City Hall North Conference Room B

1600 Truxtun Avenue Bakersfield, CA 93301

Mark envelope: ” Bid No. 26-27-18 HUD SAN DIMAS”

INVITATION TO BID

BID NO. 26-27-18

CONTRACT FOR CONSTRUCTION OF

HUD-FUNDED CURB, GUTTER AND

SIDEWALK SAN DIMAS AREA

mailto:ofrederick@bakersfield.gov

STATE OF CALIFORNIA

CITY OF BAKERSFIELD

NOTICE INVITING SEALED BIDS

NOTICE IS HEREBY GIVEN that the City of Bakersfield invites, and will receive, sealed bids for furnishing all labor, equipment, materials, and services to provide:

CONTRACT FOR HUD-FUNDED CURB, GUTTER & SIDEWALK FOR THE SAN DIMAS AREA

Bids will be received until 11:00 a.m., on November 19, 2026, at the office of the Purchasing Officer, 1600 Truxtun Avenue, Second Floor, Bakersfield, CA 93301, at which time said bids will be publicly opened and read aloud in a Conference Room, which is located on the first floor of City Hall

North. Bidders or their authorized agents are invited to be present (via Teams). No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the bidder.

Bids shall be clearly marked as “Bid No. 26-27-18 HUD SAN DIMAS”. The City shall not be responsible for bids received late due to Offeror’s failure to identify the bid as required here under.

Bid documents may be inspected and obtained by calling 661-326-3746. Inquiries regarding further information about the project should be directed to Olimpia Frederick, Purchasing Officer at 661-326-3744. Inquiries regarding directions to the office of the Purchasing Officer may be directed to Ms. Alexandria Otto at 661-326-3746.

A mandatory pre-bid conference is scheduled for 8:30 a.m. on November 13, 2026, at City Hall North, Conference Room B, 1600 Truxtun Avenue, Bakersfield, CA 93301. The purpose of the conference is to discuss with prospective contractors the work to be performed and to allow them to ask questions arising from the initial review of this Invitation to Bid. The City considers the mandatory conference to be critical to the understanding of the requirements of the Invitation to Bid. To ensure qualification, prospective contractors are required to attend the pre-bid conference. Non-attendance will result in disqualification.

A Certified Check, Cashier’s Check or Bidder’s Bond in the amount of ten percent (10%) of the bid, made payable to the City of Bakersfield, shall accompany each bid. The Successful Bidder will be required to furnish the City with a Performance Bond and Labor and Materials (Payment) Bond based on 100% of the amount bid. Any bonds required by these specifications will neither be accepted nor approved by the City unless the bonds are underwritten by a California admitted surety.

At the time the contract is awarded, the Successful Bidder shall be licensed under the provisions of

Chapter 9 - Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated under the project and shall possess a valid and current State of California

Contractor’s License. Contractor shall ensure that all subcontractors are properly licensed for the work they are to perform.

The City of Bakersfield will comply with the mandatory completion of the DIR PWC 100 form to the

State of California Department of Industrial Relations as part of SB 854 law effective July 1, 2014.

The successful Contractor will be required to provide information or complete form as requested by City staff. For more information, please see the State of California page as follows:

https://www.dir.ca.gov/dlse/PublicWorks/SB854FactSheet_6.30.14.pdf

This project is funded in whole or in part by Federal funds provided by the Department of Housing and Urban Development and is subject to the provisions of Section 915 of the Housing and Urban

Development Act of 1992 which amended Section 3 of the Housing and Urban Development Act of 1968 and requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents for the project area and to businesses located in or substantially owned by persons residing in the project area. These requirements for recruiting

Section 3 residents and businesses are explained in detail in 24 CFR 135.

Bidders should review the “Federal Labor Standards Provisions” and “Section 3 Plan – Economic

Opportunities for Low Income and Very Low-Income Persons”. Contractor shall comply with all applicable portions of these regulations, which are included in the Appendix.

Any contract entered pursuant to this notice will incorporate all the applicable provisions of the

U.S. Department of Labor Code and the Davis-Bacon and Related Acts. The Davis-Bacon Act requires that wages and benefits be paid in accordance with the prevailing rates of wages and apprenticeship employment standards established by the U.S. Department of Labor. The State of

California Department of Industrial Relations has determined the general prevailing wage rates in this County, copies of which are on file and open for inspection in the City of Bakersfield Public

Works Department, City Hall Annex, 1501 Truxtun Avenue, Bakersfield, California 93301. In the event Davis Bacon Act wages and benefits differ from the wages and benefits established by the

California Department of Industrial Relations, the higher of the two wages shall prevail. Successful

Bidder is responsible for ensuring that the proper rates are paid. No adjustments to the contract will be made due to bidder’s failure to obtain the proper wage rates.

The proposed work is under, and subject to, Executive Order 11246, as amended by Executive

Order 11375, and to the Equal Employment Opportunity (EEO) Provisions. To be eligible for award, affirmative action to ensure against discrimination in employment practices based on race, color, national origin, ancestry, disability, gender, or religion will also be required.

The Successful Bidder may elect to receive one hundred percent (100%) of the payment due under the contract without retention of any portion of the payment by the City by depositing securities of an equivalent value in accordance with the provisions of the California Public

Contracts Code Section 22300. Eligible securities include interest-bearing demand deposit accounts, standby letters of credit or any other security allowable under Section 22300 Of the

California Government Code and as agreed to by the City of Bakersfield and the Contractor.

The City hereby affirmatively ensures that minority and disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against based on race, color, national origin, ancestry, handicap, gender, or religion in any consideration leading to the award of contract.

The right is reserved by the City of Bakersfield to reject any or all bids and to waive any irregularities or informalities not affected by law in any bids received, to evaluate in its absolute discretion, the bids submitted and to award the contract according to the proposal which best serves the interests of the City.

Dated this 16th day of December 2025 at Bakersfield, California.

By: Olimpia Frederick

Olimpia Frederick, Purchasing Officer

SECTION 6-2

Federal Contract Requirements, Regulations and Compliance

Community Development Division

1600 Truxtun Avenue

Telephone: (661) 326-3765

Acd061 Federal Contract Requirements Page 1 of 2 5-16-03

Federal Contract Requirements, Regulations and Compliance

INTRODUCTION

This project is being funded (at least in part) by the City of Bakersfield’s Community

Development Division (ECD). ECD is funded by and administers annual

Community Development Block Grant (CDBG) funds received from the United

States Department of Housing and Urban Development (HUD). Before the City can receive any of its annual CDBG funds, it must first certify that all funds received will be expended only for program eligible activities and that all expenditures will be made in compliance with specific federal regulations identified by HUD.

The City must ensure that contractors and subcontractors expend CDBG funds in compliance with federal laws and the certifications made to HUD. Thus, a major administrative responsibility of the Community Development Division is to inform contractors and subcontractors of applicable program requirements, laws, and regulations and advise on methods of compliance.

This section is incorporated into City funded CDBG contracts as an aid to achieve compliance and to protect contractors from having to refund any CDBG funds that are found to have been expended improperly. HOWEVER, PLEASE BE AWARE

THAT IT IS THE CONTRACTOR’S RESPONSIBILITY TO ENSURE THAT ALL APPLICABLE

PROGRAM REQUIREMENTS, LAWS, AND REGULATIONS ARE COMPLIED WITH ON

THIS PROJECT.

ACD061 Page 2 of 2

IMPORTANT NOTICE

This project is being financed, in whole or in part, by means of a grant made by the United States of America acting through the Department of Housing and Urban Development. The Department of Housing and Urban

Development may, therefore, require approval by its representative, of all contracts, attachments and similar documents, all partial and final payments, estimates and change orders. Adherence by the contractor and all subcontractors to the following federal codes, acts and statutes, as amended, will be required.

• Single Audit Act of 1984 (31 USC 7501 et seq.)

• Clean Air Act (42 USC 1857)

• Federal Water Pollution Control Act (33 USC 1251 et seq.)

• Lead-Based Paint Poisoning Prevention Act (42 USC 4801)

• Drug-free Workplace Act of 1988 (41 USC 702 – 706)

• Federal Trade Restrictions (24 CFR 85)

• Copeland Anti-Kickback Act (18 USC 874 et seq.) as supplemented in Department of Labor regulations (29 CFR 3)

• Anti-Lobbying Act (18 USC 1913) (31 USC 1352)

• Hatch Act (5 USC 1501 et seq.)

• Civil Rights Act of 1964 and implementing regulations (24 CFR 1 & 42 USC 2000 (d) et seq.)

• Equal Employment Opportunities Act of 1974 (42 USC 2950 et seq.)

• Executive Order 11246, as amended by Executive Order 11375 and as supplemented in

Department of Labor regulations (41 CFR 60)

• Rehabilitation Act of 1973 (29 USC 701 et seq.) (Sections 503 and 504) o Affirmative Action for Handicapped Workers o Non-Discrimination of the Basis of Handicap (45 CFR 84)

• Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and it’s implementing regulations.

• Older Americans Act of 1965 (42 USC 6101 et seq.)

• Age Discrimination Act of 1975 (42 USC 6101 et seq.) (Pub. L. 94-135)

• Non-Discrimination of the Basis of Age (45 CFR 90)

• Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era

(48 CFR52.222-35), April 1998

• Immigration Reform and Control Act of 1986

• Federal Fair Labor Standards Act of 1938 (29 USC 201 et seq.)

• Davis Bacon Act (40 USC 276(a) et seq.)

• Contract Work Hours and Safety Standards Act (40 USC 327 et seq.)

• Suspension and Debarment (49 CFR 29)

• Section 3 of the HUD act of 1968, as amended by the Housing and Community Development Act of 1992

• Utilization of Small Business Concerns (48 CFR 52.219-8)

The contractor shall maintain an acceptable accounting system. The City of Bakersfield, the Department of

Housing and Urban Development and the Comptroller General of the United States, shall have access to any books, documents, paper and records of the contractor which are directly pertinent to the specific contract for purposes of making an audit, examination, excerpts and transcriptions. The contractor shall maintain all required records for five (5) years after the City makes final payment and all other pending matters are closed.

KEY INFORMATION

Information

Sole Point of Contact

Olimpia Frederick, Purchasing Officer

1600 Truxtun Avenue, Second Floor

Bakersfield, CA 93301

661•326•3744

661•852•2100 Fax ofrederick@bakersfield.gov

Final Questions or Comments Due 12:00 p.m., November 16, 2026

Bid Due Date 11:00 a.m., November 19, 2026

Pre-Bid Conference (mandatory)

November 13, 2026, 8:30 a.m.

1600 Truxtun Avenue

Conference Room B

Bakersfield, CA 93301

Bid Security Required (Attached to bid proposal)

Forms not provided

[X] Yes 10% [ ] No

Performance Bond Required -

(Within 10 days of request)

[X] Yes 100% [ ] No

Labor and Materials Bond Required -

(Within 10 days of request)

[X] Yes 100% [ ] No

Expected Date of

City Council Approval December 16, 2026

Number of Copies of Bid due to Purchasing Division

One (1) signed original and one (1) copy of the Bid Forms.

This Invitation to Bid includes attached Section 3 Plan. Contractor is solely responsible for ensuring that all pages have been received. If this bid package is missing pages, immediately contact the Purchasing Division at 661-326-3746.

City Council agendas are posted seventy-two hours in advance of the meeting on the City of Bakersfield website at www.bakersfieldcity.us

Click on “Meetings & Agendas” under the drop-down menu titled OUR GOVERNMENT http://www.bakersfieldcity.us/

INSTRUCTIONS TO BIDDERS

1. These documents constitute the complete set of specification requirements and bid response forms. The bidder is responsible for ensuring that all pages and all addenda are received. Bidder is advised to closely examine this Invitation to Bid package, and to immediately direct any questions regarding the completeness of this

Invitation to Bid package and any addenda thereto to the Purchasing Division. Unless otherwise directed in writing by the Purchasing Division, the bidder must submit all bid responses on the bid response form provided with this Invitation to Bid. The City of Bakersfield will not accept bid responses on bidder's letterhead and/or quotation forms.

2. All information requested of the bidder shall be entered in the appropriate space(s) on the Bid Form. Failure to do so may disqualify your offer.

3. All information shall be typewritten or entered in ink. Mistakes may be crossed out and corrections inserted before submission of your bid. Erasures, type-overs, white-outs, and all other corrections and/or modifications shall be initialed in ink by the person signing the bid.

4. Bids will not be accepted unless signed (not typed) in the appropriate space(s) by an authorized officer or employee of the bidder.

5. To be considered, bids must be submitted in a sealed, properly marked envelope, by, or prior to, the closing date and time specified. It is the sole responsibility of the bidder to see that their bid is submitted in the proper time. Any bids received after the closing date shall be returned, unopened, to the bidder, provided the request number, opening date, and bidder’s return address are on the envelope. Bids submitted by facsimile or electronic mail will not be accepted.

Bid Due Date: November 19, 2026 @ 11:00 a.m.

6. Corrections and/or modifications received after the closing time specified will not be accepted.

7. Prices submitted by bidder are considered accurate and cannot be withdrawn after the bid is closed.

8. Upon submission of bid documents, all such documents shall become the property of the City of Bakersfield.

9. Provide any other information not specifically requested which may be considered by the Purchasing Officer.

However, the Purchasing Officer is not obligated to consider any information not specifically requested in this

Invitation to Bid.

10. The City shall not be responsible for any error or omission in the bid.

11. Prices shall remain open and valid, subject to acceptance for ninety (90) days after bid closing date. Any bid for which the bidder specifies a shorter acceptance period may be rejected.

12. The words “contractor” and “bidder” may be used interchangeably throughout this Invitation to Bid, and are used in place of the person, firm or corporation submitting a bid on the specifications, or any part thereof.

13. Bids should be mailed or delivered to: Purchasing Division

14. Any contract awarded pursuant to this Invitation to Bid shall be awarded to the lowest responsive and responsible bidder. A “responsive bidder” is a person, firm or corporation who has submitted a bid response which conforms in all material respects to the Invitation to Bid, including all terms, conditions, and specifications.

A “responsible bidder” is a person, firm or corporation having the capacity in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance.

15. Prior to being awarded an order under this Invitation to Bid, you will be required to obtain a City of Bakersfield

Business License

GENERAL TERMS AND CONDITIONS

1. INTENT

The City of Bakersfield is requesting bids from experienced and reputable contractors for providing a Contract for Construction of HUD-funded Curb, Gutter & Sidewalk - San Dimas Area. Award, if any, resulting from this

Invitation to Bid shall be for a one (1) year period.

One (1) original bid signed by an official authorized to bind contractor and one (1) copy of the signed bid, are to be submitted to the Purchasing Division, Attention: Olimpia Frederick, Purchasing

Officer, 1600 Truxtun Avenue, Second Floor, Bakersfield, CA 93301, on or before 11:00 a.m., November 19, 2026.

2. INFORMATION

To ensure fair consideration for all bidders, the Purchasing Division is issuing this Invitation to Bid and is the sole point of contact for the Invitation to Bid. Unless otherwise directed, all communications, including meetings, conferences or technical discussions related to this Invitation to Bid should be directed to:

Telephone 661-326-3744

Fax 661-852-2100

Email ofrederick@bakersfield.gov

Failure to adhere to this policy may be grounds for rejection of bids.

3. SUBMISSION OF QUESTIONS AND COMMENTS

Bidders should carefully review this Invitation to Bid for defects and questionable or objectionable matter.

Questions and comments regarding this Invitation to Bid must be submitted in writing, either by United States mail, e-mail, or facsimile no later than 12:00 p.m., November 16, 2026. The questioner’s company name, address, phone, and fax numbers and contact person must be included with the questions or comments.

Questions and answers thereto shall be provided to all prospective bidders in the form of an addendum.

Questions of a proprietary and competitive nature relating solely to the business interests of the questioner will be answered in strict confidence via individual and confidential communication such as e-mail, telephone or fax and the answers thereto will not be shared with all potential bidders. Submit questions or comments to the following address:

Telephone 661-326-3744 • Fax 661-852-2100

Email ofrederick@bakersfield.gov

4. ADDENDA TO THE INVITATION TO BID

Important Notice - Any revisions to the Invitation to Bid will be issued and distributed as addenda. The City will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment (addendum) to the Invitation to

Bid document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given.

Note: It is the responsibility of each bidder to ensure that they have a complete, up-to-date bid package, including any addenda, and that the City has their correct business name and address on file. If you have obtained this document from a source other than directly from the City of Bakersfield Purchasing Division, you are not on record as a plan holder. Any prospective bidder who obtained a set of bid documents from anyone other than the City is responsible for advising the City that they have a set of contract documents, thus placing you on the plan holder’s list. The City takes no responsibility to provide addenda to parties not listed by the City as a plan holder.

If any addenda are issued to this Invitation to Bid, the City will attempt to notify all prospective bidders who have secured same. However, it will be the responsibility of each bidder, prior to submitting their bid, to contact the Purchasing Division at 661-326-3746 to determine if addenda were issued and to make such addenda a part of the bid. The City reserves the right to revise or amend the specifications up to the time set for opening the bids.

Bidders shall acknowledge receipt of any addenda to the solicitation by signing and returning the addenda with the bid and by identifying the addenda numbers and dates in the space provided for this purpose on the bid form. Any addenda or bulletins issued shall constitute a part of the contract documents.

If bidder submits a bid to the Purchasing Division prior to receipt of any addendum, the bidder shall fax the addendum acknowledgement to 661-852-2100. The faxed acknowledgement shall become a part of the bidder’s bid as though submitted with the bid.

5. APPROXIMATE ESTIMATE

The City’s estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the City due to budget or other constraints. The project involves one component: curb, gutter, and sidewalk. The total amount budgeted for the project area specified herein is

$600,000. The award of contract, if any, will be based on this budgeted amount and not on the total price submitted by the Contractor.

6. PRICING

Unit or lump sum prices shall, with full consideration of all provisions, conditions, requirements, and specifications contained and referenced herein, include all costs pertinent to the total work as specified.

Contractor shall submit unit prices, in figures, for all items listed in the Bid Form. The aggregate total of the bid shall be stated in both words and figures. If there is a discrepancy between the words and figures, the words shall prevail. Unit prices shall establish the basis of value upon which the work will be measured for payment to the contractor.

If any of the unit prices or the total price are excluded, the bid may be deemed non-responsive.

7. BID DOCUMENTS

No bid will be received unless it is made on a bid form furnished by the City. Failure to submit a bid on the form provided shall be considered just cause for rejection of the bid. Bidder Modifications or additions to any portion of the bid or contract documents may be cause for rejection of the bid. However, the City reserves the right to decide, on a case-by-case basis, whether to reject as non-responsive, a bid with modifications or additions.

Where indicated, the bid must be signed by a person duly authorized by bidder to bind bidder to a contract.

When a bid is signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City prior to the date and time set for receipt of bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.

8. EXAMINATION AND ACCEPTANCE OF CONTRACT REQUIREMENTS

Before submitting a bid, bidders must satisfy themselves by personal examination of the work site, bid documents and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City, upon which the bidder will rely.

The submission of a bid shall be considered conclusive evidence that the bidder has carefully investigated all conditions that affect, or may at some future date affect, the performance under the contract covered by this solicitation, and is satisfied as to the character, quality, and quantities of materials to be supplied or work to be performed and as to the requirements of the Invitation to Bid. Submission of a bid shall also be evidence that the bidder is familiar with directives such as laws, codes regulations and ordinances that in any way affect prosecution of the work or persons engaged or employed in the work.

No bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the bidder receives an award as a result of this Invitation to Bid, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of a bid.

Should the bidder feel there has been a supplemental or oral modification, it shall be the bidder’s responsibility to verify said modification in writing prior to submission of the bid.

The contents of the bid of the Successful Bidder shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement will result in cancellation of award and forfeiture of the Bidder's Bid Security, if said security is required under the contract. Conditional or qualified bids, unless specifically allowed, will be subject to rejection, in whole or in part.

9. BID SECURITY

All bids shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security:

A Cashier’s Check, a Certified Check, a Bank Money Order of any national or state bank, or a

Bidder’s Bond duly executed by a California admitted surety insurer on the form provided herein and made payable to the City of Bakersfield.

The security shall be in an amount equal to at least ten (10%) percent of the amount bid, as payment by the

Contractor to the City. A bid will not be considered unless one of the forms of bidder’s security is enclosed with it. A bidder’s bond will not be accepted unless it contains all information and signatures as required by the City and is properly filled out and executed.

The bid security shall be payable, without condition, to the City and shall be given as a guarantee that the bidder will enter contract if awarded to him. The bid security shall be declared forfeited as liquidated damages if the Contractor fails or neglects to enter said contract within ten (10) consecutive calendar days after being notified by the City that the award has been made and the contract is ready for execution. If the bidder fails to timely enter the contract, the City reserves the right, in addition to declaring the bid bond forfeited, to pursue all other remedies in law or equity relating to such breach, including, but not limited to, seeking recovery for breach of contract.

The bid securities of all bidders, except the three lowest, will be returned promptly after the canvass of bids.

The bid guaranties of the three lowest bidders will be retained until the contract is signed, evidence of insurance provided, and a satisfactory Performance Bond and Labor and Materials Bond is furnished, or other disposition made thereof. Within ten (10) days of execution of the contract, the bid guaranties of the three lowest bidders will be returned.

10. SUBMISSION OF BIDS

This solicitation has a firm date and time due. It is solely the responsibility of the bidder to ensure that their bid is received by the City, in accordance with the solicitation requirements, prior to the deadline and at the place specified. In no event will a bid be considered if it is received after the bid closing date and time. Any bid received after the closing date and/or time will be returned, unopened, to the bidder, provided the bidder’s return address is on the envelope. Notwithstanding any provision specified herein, the City reserves the right to extend the bid submittal deadline when it is in the best interest of the City.

A delivery label has been included as a part of the bid documents. Bids must be submitted under sealed cover and the delivery label must be attached to the envelope. The envelope shall also include the name and return address of the bidder. The City will not be responsible for bids received late due to Contractor’s failure to identify the bid as required hereunder.

If the bid is submitted by any means other than personal delivery, bidders should allow ample delivery time to ensure the timely receipt of their bids. The City shall not be responsible for any delays in mail service or by common carriers or by transmission errors or delays or mistaken delivery. Delivery of bid shall be made at the office specified in the Invitation to Bid. Deliveries made before the date and time due, but to the wrong City office, will be considered non-responsive unless re-delivery is made to the office specified before the date and time due specified in the Invitation to Bid. Bids shall be mailed or delivered to:

Purchasing Division

Bids must remain open and valid, subject to acceptance for ninety (90) days after bid closing date. Any bid for which the bidder specifies a shorter acceptance period may be rejected. The bidder agrees that submission of a signed bid will be interpreted to mean bidder agrees to all the terms and conditions set forth in all the pages of this Invitation to Bid and is certification that the bidder will accept an award made to it because of the submission.

11. BID SUBMITTAL ITEMS

All bids submitted shall include the following completed forms. Failure to submit any of the required forms may be cause for rejection of your bid.

• Bid Form (all pages)

• Bidder’s Security (Form no provided, City accepts all surety forms)

• Bidder’s Statement of Compliance with Insurance Coverage

• Workers’ Compensation Insurance Certification

• Statement of OSHA Compliance

• Waiver of Provisions for Substitution of Securities in Lieu of Retention

• Non-Collusion Affidavit

• Non-Conflict of Interest Statement

• Equal Employment Opportunity Compliance Certificate

• MBE/WBE Information & Good Faith Efforts Form

• Utilization of Women & Minority Business Enterprise

• Davis Bacon Act Compliance Certification

• Title 49-Debarment and Suspension Certification

• MBE/WBE Certifications Form

• Federal Lobbying Form

• Performance on Previous Equal Employment Contracts

• Non-Segregated Facilities Certification

• Section 3 Affirmative Action Plan Certification of Assurance

• Small Business Involvement

• Section 3 Plan

12. PUBLIC OPENING OF BIDS

Bids will be opened and read publicly opened and read aloud in a Conference Room, which is located on the first floor of City Hall North, 1600 Truxtun Ave., Bakersfield, CA 93301. Bidders or their authorized agents are invited to be present (via Teams).

13. MODIFICATION OF BIDS

Any bidder who wishes to make modifications to a bid already received by the City must withdraw his bid to make the modifications. Withdrawals must be made in accordance with the terms and conditions of this solicitation (see Withdrawal of Bids). All modifications must be made in ink, properly initialed by bidder’s authorized representative, executed, and submitted in the same form and manner as the original bid. It is the responsibility of the bidder to ensure that modified or withdrawn bids are resubmitted before the time announced for the opening of bids. No bid may be modified after the time fixed in the public notice for the receipt of bids.

14. WITHDRAWAL OF BIDS

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the receipt of bids, only by written request for the withdrawal of the bid filed with the office of the Purchasing Officer. The bidder or his duly authorized representative must execute the request in writing on the bidder’s letterhead. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the receipt of bids.

15. RELIEF FROM BID

Attention is directed to the provisions of the Public Contract Code Sections 5100 to 5107, inclusive, concerning the relief of bidders. Should a bidder claim a mistake was made in its quotation, bidder shall, within five (5) calendar days after the bid opening, give the City written notice of the alleged mistake and detail in said notice, the circumstances under which the mistake occurred. Final determination of relief from the bid shall be made by the City Council.

16. PRIME CONTRACTOR

Only one bid may be submitted as a “prime contractor” for the same work by any firm, individual, partnership or corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submit bids as a subcontractor to other competing prime contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such individual, firm, partnership, corporation, or combination thereof is interested. Nothing in this clause shall preclude a firm acting as subcontractor to be included as a subcontractor for two or more primary contractors submitting a bid for the work. A contractor who is not submitting a bid as a prime contractor may submit any number of bids as a subcontractor to competing prime contractors.

17. SUBCONTRACTORS

In accordance with Sections 4100 – 4114 inclusive, “Subletting and Subcontracting Fair Practices Act”, of the

California Public Contracts Code, any person making an offer to perform work, shall, in his or her offer, set forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor’s total offer. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her offer. If a prime contractor fails to specify a subcontractor, or if the prime contractor specifies more than one subcontractor for the same portion of work to be performed in excess of one-half (1/2) of one percent (1%) of the prime contractor’s total offer, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prime contractor shall perform that portion himself or herself. If after the award of contract, the prime contractor subcontracts, except as provided in Sections 4107 or 4109, any such portion of the work, the prime contractor shall be subject to the penalties named in Section 4111. The substitution of a subcontractor shall not be allowed except as provided by Section 4107 of the Public Contract Code.

Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE subcontractors after the opening of bids for projects utilizing Federal funds.

18. BIDDER’S POWER AND AUTHORITY

Bidder, in submitting a bid, warrants that it has full power and authority to comply with the requirements specified herein and will hold the City harmless from and against all loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, bidder affirms that it will not enter any arrangement with any third party, which might abridge any rights of the City under this Contract.

19. EXPERIENCE AND COMPETENCY

Bidder represents that it is fully experienced and properly qualified to provide the goods and/or services required herein, and that it is regularly engaged in the general class or type of work called for under the contract, properly licensed, equipped, organized, and financed to perform such work required herein.

20. DEBARMENT

By submitting a bid, the bidder certifies that it is not currently debarred from submitting bids or bids for contracts issued by any political subdivision or agency and that it is not an agent of a person or entity that is currently debarred from submitting bids or bids for contracts issued by any political subdivision of agency.

21. EVALUATION AND AWARD OF CONTRACT

Award of contract, if made, shall be made within ninety (90) days to the lowest bidder meeting the specifications and requirements of the bid. Award shall be contingent upon the lowest bidder furnishing satisfactory evidence of having the requisite experience, ability, sufficient capital, and facilities to enable him to prosecute the work successfully and properly or provide the specified materials and to complete the work or provide the materials within the time specified in the contract (lowest responsive, responsible bidder). The decision as to which bidder is the lowest responsive, responsible, and best qualified bidder shall be in the exclusive jurisdiction of the City, and its decision shall be final and binding on all parties.

The following criteria may be used in this determination:

A. Unit price or lump sum price.

B. Compliance with Federal contracting requirements, including submission of required forms.

C. Company’s reputation and financial status.

D. Experience, including bidder’s performance on previous contracts with the City.

E. Company’s ability and capacity to initiate work in a timely manner following contract award.

The bidder may be required before the award of any contract to show to the complete satisfaction of the

City that it has the necessary licenses, equipment, facilities, experience, ability, capacity, skill and financial resources to provide the services or goods specified herein in a satisfactory manner. The bidder may be evaluated based on character, integrity, reputation, judgment, experience, and efficiency. The bidder may be required to give a history and references to satisfy the City in regard to the bidder’s qualifications.

The City may make such investigation as it deems necessary to determine the ability of a bidder to furnish the required goods or services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. Any material misrepresentation or material falsification of information provided to the City in the bid submission, or at any point in the bid evaluation process is basis for rejection of the bid. If the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the bid submission is material shall be made solely in the exercise of the City’s sound discretion.

AWARD OF CONTRACT FOR THIS PROJECT IS CONTINGENT UPON APPROVAL BY THE BAKERSFIELD CITY COUNCIL

AND MAY ALSO BE SUBJECT TO APPROVAL BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT.

Rejection of Bids. Failure to meet the requirements of the Invitation to Bid may be cause for rejection of the bid. The City may reject the bid if it is deemed incomplete, contains irregularities of any kind, is offered conditionally, or expresses exceptions or qualifications on the technical specifications. A bid that includes terms and conditions that do not conform to the terms and conditions in the Invitation to Bid documents may be subject to rejection as non-responsive. However, the City reserves the right to permit the bidder to withdraw non-conforming terms and conditions from its bid response prior to the determination of the City of non-responsiveness based on the submission of non-conforming terms and conditions.

The City reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the goods or services contemplated herein or the bid of any bidder who has previously failed to perform properly, The City reserves the right to reject the bid of any bidder who previously failed to perform adequately or complete on time, contracts of a similar nature for the City or any other governmental agency. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses, or other monies due the City.

Notwithstanding the foregoing, the City reserves the right to reject any and all bids without cause; to waive any requirements not affected by law, both the City’s and those proposed by the bidder; to waive any irregularities, informalities, minor defects or variations of a bid from the exact requirements of the specifications, not affecting the price, quality, quantity, delivery or performance time, in any bid or the bid process when it is in the best interest of the City to do so; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the bid of each bidder, so as to select the bidder which best meets the requirements of the City, thus ensuring that the best interest of the

City will be served.

22. BID PROTESTS

Any protest of the award must be made under the procedure set forth in Bakersfield Municipal Code §

3.20.068. The protest must be made in writing and delivered to the City Clerk at 1600 Truxtun Avenue, Bakersfield, California 93301 with a copy to the City Purchasing Division and the City Attorney’s Office. The protest must set forth the specific reasons why the award is improper. The protest will be heard at the City

Council meeting in which the award of the project will take place.

The protesting party must, at the time of the hearing before the City Council, fill out a speaker’s card and request to be heard at the public statement portion of the City Council agenda. The City Council meetings take place at 1501 Truxtun Avenue, Bakersfield, California 93301, unless the location is changed as allowed by law. Any questions concerning the procedures for filing a protest may be made by calling the City Clerk at (661) 326-3767.

23. PURCHASE ORDER/CONTRACT REQUIREMENT

Purchases of the City are authorized only if a signed purchase order or contract is issued in advance of order.

Contractors providing services or goods without a signed purchase order or contract do so at their own risk.

The City will not be liable for payment for any services or goods provided by the Contractor unless a valid purchase order or contract has been issued to the Contractor.

A sample contract is included in this Invitation to Bid. Contractor will be required to execute a contract with the City which is substantially the same as the contract included in this Invitation to Bid. If any changes are desired, bidder must submit exceptions or exact contract modifications to the City one (1) week prior to the bid opening. The City is not obligated to accept such changes or modifications; however, if the changes are approved, the changes will be issued to all prospective bidders in the form of an addendum. Bidders will not be allowed to alter or negotiate contract language after the bid closing date and time.

The submission of a bid shall be considered conclusive evidence that the bidder has read and understands the requirements of this section and failure to execute the contract without alteration may result in the rejection of bidder’s proposal.

24. TERMS OF CONTRACT

The complete contract will include the entire contents of the Invitation to Bid and all pages that make up the bid solicitation, all addenda, all successful Bidder’s submittals, as approved and accepted by the City, all supplemental agreements, all change orders, all bond(s), and all written agreements which alter, amend or extend the contract.

25. EXECUTION OF CONTRACT

Time is of the essence for this project. The successful bidder must execute the contract, including but not limited to, signing all necessary documents, and submitting bonds and evidence of insurance, within ten (10) consecutive calendar days after the notice of award. One copy of the contract will be returned to the

Contractor after the City executes the contract. In case of failure of the Contractor to execute and return the contract and all required documents, including insurance, within the time allowed, the City may, at its option, consider that the bidder has abandoned the contract and forfeited the bid security, in which case the City reserves the right to contract with the second lowest bidder.

26. CONTRACTING ENTITY

The contract resulting from this Invitation to Bid will be administered by the Public Works Department, Streets

Division. The Project Manager will be Kevin Peoples, or his designated representative. However, the

Purchasing Officer shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.

27. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP

Bidder covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial, or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Bidder further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Bidder certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City.

Prior to the award of any contract, the potential contractor may be required to certify in writing to the office of the Purchasing Officer that no relationship exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City.

28. ETHICS IN PUBLIC CONTRACTING

Each bidder, by submitting a bid, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act and other supplementary Acts. By submitting a bid, the bidder certifies that its bid was made without fraud; that it has not offered or received any kickbacks or inducements from any other bidder in connection with the offer; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The bidder further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City.

29. NON-COLLUSION AFFIDAVIT

Bidders are required to submit a Non-Collusion Affidavit with their bids. See attached Affidavit.

30. REPORTING OF ANTI-COMPETITIVE PRACTICES

If, and when, for any reason, collusion or other anti-competitive practices are suspected among vendors, a notice of the relevant fact shall be transmitted to the City’s Attorney, the District Attorney and/or State

Attorney General.

31. ASSIGNMENT OF ANTITRUST AND UNFAIR BUSINESS PRACTICES CLAIMS

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 City of Bakersfield 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. Sec. 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 City tender’s final payment to the contractor, without further acknowledgment by the parties.

32. INDEPENDENT CONTRACTOR

Contractor shall be legally considered an independent contractor and neither the Contractor nor its employees shall, under any circumstances, be considered servants or agents of the City; and the City shall be at no time legally responsible for any negligence or other wrongdoing by the Contractor, its servants, or agents. The City shall not withhold from the Contract payments to the Contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to the Contractor. The City shall not provide to the Contractor any insurance coverage or other benefits, including Workers’ Compensation, normally provided by the City for its employees. Further, the City will issue an IRS Form 1099 for any services provided hereunder and contractor hereby agrees that it will issue IRS W-2 or 1099 Forms to any third parties employed by contractor in the course of work specified herein.

It is further understood and agreed that contractor, in the performance of its obligations under the contract, is subject to the control and direction of the City as to the designation of tasks to be performed and the results to be accomplished, but not as to the means, methods or sequence used by the contractor for accomplishing such…