Safety Crosswalk and ADA Improvements at Marjorie Street and Passons Boulevard Project.pdf

CITY OF PICO RIVERA

SAFETY CROSSWALK AND ADA IMPROVEMENTS AT

MARJORIE STREET AND PASSONS BOULEVARD PROJECT

CIP NO. 50139

SEPTEMBER 2026

DEPARTMENT OF PUBLIC WORKS

6615 PASSONS BOULEVARD

PICO RIVERA, CA 90660

PROJECT MANAGER: GENE EDWARDS

City Engineer Approval

TABLE OF CONTENTS

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NOTICE INVITING BIDS ...................................................................................................... NC-1

INSTRUCTIONS TO BIDDERS ............................................................................................. I-1

CHECKLIST FOR BIDDERS ............................................................................................... I-9

BID ...................................................................................................................................... B-1

CONTRACT ........................................................................................................................ C-1

PAYMENT BOND (LABOR AND MATERIALS) ................................................................. C-10

PERFORMANCE BOND .................................................................................................... C-12

WARRANTY BOND ........................................................................................................... C-14

WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE ..................................... C-16

GENERAL PROVISIONS .................................................................................................... GP-1

SECTION 0 GENERAL PROVISIONS DEFINED.......................................................... GP-1

SECTION 1 GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE,

AND SYMBOLS……………………………………………........................... GP-1

SECTION 2 SCOPE OF THE WORK ........................................................................... GP-5

SECTION 3 CONTROL OF THE WORK....................................................................... GP-23

SECTION 4 CONTROL OF MATERIALS...................................................................... GP-30

SECTION 5 LEGAL RELATIONS AND RESPONSIBILITIES....................................... GP-32

SECTION 6 PROSECUTION AND PROGRESS OF THE WORK................................ GP-41

SECTION 7 MEASUREMENT AND PAYMENT............................................................ GP-45

SECTION 8 FACILITIES FOR AGENCY PERSONNEL................................................ GP-56

SECTION 9 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLAN… GP-56

SECTION 10 ADDITIONAL TERMS............................................................................... GP-67

SECTION 400 PROTECTION AND STORATION.......................................................... GP-71

SECTION 402 UTILITIES............................................................................................... GP-72

TABLE OF CONTENTS

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SPECIAL PROVISIONS

PART I: SPECIAL INSTRUCTIONS……………………………………….…….SP-1

PART II: STANDARD AND SPECIAL TECHNICAL PROVISIONS……….…..TP-1

APPENDIX I: PROGRESS PAYMENT REQUEST FORM ………………...…………….…. APP-I

APPENDIX IV: APPLICABLE WAGE DETERMINATIONS ……………………………....… APP-II

DRAWINGS BOUND SEPARATELY

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NOTICE INVITING BIDS

PICO RIVERA - SAFETY CROSSWALK AND ADA IMPROVEMENTS AT MARJORIE

STREET AND PASSONS BOULEVARD PROJECT

PROJECT NO. 50139

NOTICE IS HEREBY GIVEN that the City of Pico Rivera, California (“City”) invites Bids for the Project. Bids will be received electronically, and only through the PlanetBids System at:

https://pbsystem.planetbids.com/portal/41481/portal-home .

SUBMISSION OF BIDS. All Bidders are required to enter and submit their bid pricing electronically via PlanetBids Bid Schedule Tab. In addition, Bidders are required to upload scanned pdf copies of all items listed in the BIDDER’S CHECKLIST, including acknowledgement of all Addenda. Bids will be received prior to 2:00 p.m. on Tuesday, October 6, 2026, at which time they will be publicly opened on the City’s approved electronic procurement platform. The City will have no responsibility for bids that do not arrive prior to the closing time, no matter what the reason.

SCOPE OF WORK. The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. The Contract Documents consist of the Contract, the Notice Inviting Bids, Instructions to Bidders, Bid Proposal (including documentation accompanying the Bid Proposal and any post-Bid Proposal documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations.

DURATION: Time for completion of the Work is Thirty-Five (35) Working Days from the date specified in the Notices to Proceed. The contractor’s bid shall reflect a schedule that utilizes sufficient amount of crews and equipment to complete all work within the required amount of time.

No time extensions will be granted and liquidated damages will be strictly enforced.

OBTAINING BID DOCUMENTS. Bidders may obtain free copies of the Plans, Specifications, and other Contract Documents from the PlanetBids System. Hard copies of the Contract Documents are not available.

LICENSES. Each Bidder shall possess either a valid Class “A” Contractor’s license issued by the California State Contractors License Board.

PRE-BID MEETING: None

MATERIALS SUBSTITUTIONS AND OTHER QUESTIONS. Bidders are required to post their questions or equivalent material substitutions on the PlanetBids System prior to 4:00 pm on September 22, 2026, (14 days prior to bid due date). Any materials substitutions or questions uploaded after the deadline, or asked by email or by telephone, will not be answered. The City will post on the PlanetBids System any applicable Addenda and/or supplemental information by 4:00 pm on September 29, 2026. Bidders shall acknowledge receipt of addenda documentation (if any) with the submitted bid proposal.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with

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Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).

PAYMENT OF PREVAILING WAGES ON PUBLIC WORKS PROJECTS. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages.

Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. .

The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. Applicable prevailg wage rates are available at the following web addresses:

- Labor Wage Rate Decisions (WHD/DOL): Wage Determinations | SAM.gov

- Director's General Prevailing Wage Determinations (CA DIR):

http://www.dir.ca.gov/oprl/DPreWageDetermination.htm

The applicable prevailing wage rates are those that are in effect ten (10) calendar days prior to bid opening.

BOND REQUIREMENTS.

1. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bid Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten (10%) percent of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price, as well as a warranty or maintenance Bond that is valid for one year from Project acceptance in the amount of ten (10%) percent of the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney, and in compliance with all applicable laws, including but not limited to California Civil Code Sections 9550 et seq. and California Labor Code Section 1720 et seq. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within ten (10) calendar days after the date of the transmittal of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.

Electronic Bid Bond Option: Bid Security may be submitted in the form of a verified electronic Bid Bond before the latest date/time for submitting Bid proposals. If an electronic Bid Bond is submitted as the Bid Security, the electronic Bid Bond will be accepted only if the electronically issued Bid Bond is in the form and content included with the Contract Documents and issuance of the electronic Bid Bond is verified through the Administrative Services Department by filing with Surety2000 (http://www.surety2000.com/ ), Tinubu ( https://www.tinubu.com/ebonding ) https://sam.gov/wage-determinations http://www.dir.ca.gov/oprl/DPreWageDetermination.htm http://www.surety2000.com/ https://www.tinubu.com/ebonding

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or similar electronic bonding service approved by the City. Bidders submitting an electronic Bid Bond are solely responsible for completing the specific electronic bonding provider registration requirements and payment of fees and charges. The City is not responsible to Bidders for: (i) electronic bonding provider acts or omissions; (ii) the complete/timely verification of electronically issued Bid Bonds: or (iii) any other errors in the electronically issued Bid Bond. Bidder will be solely responsible for ensuring that the electronic bid bond has been properly submitted and verified prior to the deadline for submitting Bid proposals.

Any errors in the electronic bid bond may result in the bid being deemed non-responsive. Any electronic bid bond received by Administrative Services Department after the latest date/time for submitting Bid Proposals may result in rejection of Bidder’s Bid Proposal for non-responsiveness.

Paper Hard Copy Bid Bond Option: If the Bidder’s Bid Security is in the form of a hard copy of the Bid Bond, the original hard copy Bid Bond, along with the Attorney-In-Fact Certificate and Surety Resolutions attesting to the appointment and authority of the Attorney-In-Fact must be mailed in with tracking and received by the City’s Administrative Services Department, c/o City Clerk at City Hall, 6615 Passons Boulevard, Pico Rivera, California 90660, before the latest date/time for submitting Bid proposals. If the hard copy Bid Bond is received by the Administrative Services Department after the latest date/time for submitting Bid Proposal, this may result in rejection of the Bidder’s Bid proposal for non-responsiveness. The submitted hard copy Bid Bond must include original signatures of the Bidder/Principal, Surety Attorney- In-Fact and Notary Public. Bid Security in the form of a hard copy Bid Bond must be submitted by the Bidder to the Administrative Services Department in a sealed envelope with the exterior prominently marked with the Bidder’s name, Project Name and CIP Number.

Cash or Cashiers/Certified Check Option: If the Bidder’s Bid Security is in the form of cash, cashiers/certified check, the cash proceeds or cashiers/certified check must be mailed with tracking and must be received by the City’s Administrative Services Department before the latest date/time for submitting Bid Proposals. Cash or Cashiers/Certified Check Bid Security received by Administrative Services Department after the latest date/time for submitting Bid Proposals may result in rejection of Bidder’s Bid Proposal for non-responsiveness. Cash or Cahiers/Certified Bid Security must be submitted by the Bidder to Administrative Services Department in a sealed envelope with the exterior prominently marked with the Bidder’s name, project Name and CIP number.

2. Failure to enter into the Contract with the City, including the submission of all required bonds and insurance coverages, within ten (10) calendar days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.

3. If the Work is being funded with federal money, the Surety shall be listed in the U.S.

Treasury Department Circular 570 and in conformance with the Underwriting Limitations as expressed therein.

INSURANCE REQUIREMENTS. The selected contractor shall at all times during the term of the construction contract carry, maintain, and keep in full force and effect the insurance referenced in Section 5-4 of the General Provisons (Page GP-21).

RETENTION SUBSTITUTION. Five percent of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300 and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with

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the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

DISPUTE RESOLUTION. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. All claims arising out of or related to the Contract Documents or the Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.)

with regard to filing claims.

REJECTION OF BIDS. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed by the City in its best interest.

CITY PROJECT MANAGER CONTACT INFORMATION:

Name: Gene Edwards Contact Number: 562-801-4225 E-mail address: gedwards@pico-rivera.org

By: Noe Negrete________________ Date _9/3/2026______ Public Works Director

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INSTRUCTIONS TO BIDDERS

PICO RIVERA - SAFETY CROSSWALK AND ADA IMPROVEMENTS AT MARJORIE

STREET AND PASSONS BOULEVARD PROJECT

PROJECT NO. 50139

FORM OF BID. Bids shall be made on the Bid forms found herein. Bidders shall include all forms and fill in all blank spaces, including inserting “N/A” (for not applicable) where necessary. Bids will be received electronically only through PlanetBids System (https://pbsystem.planetbids.com/portal/41481/portal-home ).

Any Bid not accompanied by a Contractor’s completed Statement, or without any information required as shown on the Bidders Checklist, or not bearing the signature of the Bidder’s duly authorized representative under penalty of perjury, may be deemed non-responsive and rejected.

If the City determines that any information provided by a Bidder in the Contractor’s Statement is false or misleading, or is so incomplete as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive.

DELIVERY OF BIDS. The Bid shall be electronically uploaded and accepted on the PlanetBids System by the time and date specified in the Notice Inviting Bids. No oral, faxed, mailed, emailed, telephonic Bids or alternatives will be considered. Bidders are solely responsible for ensuring that their Bids are received in proper time, and Bidders assume all risks arising out of their submission. Accepted Bids shall become the property of the City.

AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid by the bidder may cause the Bid to be deemed incomplete and non-responsive.

WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the Bidder filed with the City Clerk before the Bid submission deadline. Bids must remain valid and shall not be subject to withdrawal for 90 Days after the Bid opening date.

BIDDER’S SECURITY. Each Bid shall be accompanied with Bidder’s security as specified in the Notice Inviting Bids.

SUBSTITUTION OF SECURITIES. Pursuant to Public Contract Code Section 22300 Contractor shall be allowed to substitute securities for any moneys withheld by the City as specified in the Notice Inviting Bids.

QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein shall be considered as approximations listed to serve as a general indication of the amount of Work or materials to be performed or furnished, and as basis for the Bid comparison. The City does not guarantee that the actual amounts required will correspond with those shown. As deemed necessary or convenient, the City may increase or decrease the amount of any item or portion of Work or material to be performed or furnished or omit any such item or portion, in accordance with the Contract Documents.

ADDENDA. Each Bidder is responsible for verifying that it has received all Addenda issued as speified in the Notice Inviting Bids. Bidders must acknowledge receipt of all Addenda, if any, using the Addenda Acknowledgement Form included in these Bid Documents.

http://www.pico-rivera.org/rfps/

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EMAIL ADDRESS. Bidders shall supply an email address as indicated on the bid forms. By signing the Bid, Bidder consents to receive any notices associated with this bid solicitation and selection process by email.

DISCREPANCIES IN BIDS. Each Bidder shall set forth as to each item of Work, in clearly legible words and figures, a unit or line item Bid amount for the item in the respective spaces provided for this purpose.

In case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the “extended amount” column, then the amount set forth in the “extended amount” column for the item shall prevail in accordance with the following:

(1) As to lump sum items, the amount set forth in the “extended amount” column shall be the unit price.

(2) As to unit price items, the amount set forth in the “extended amount” column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price.

In case of discrepancy between words and figures, the words shall prevail. In the case of a discrepancy between the electronic bid schedule (pricing) entered into the PlanteBids System and any uploaded Bid schedule document or pricing, the electronic bid schedule will be the accepted bid.

COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors.

BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. The Bidder, at its sole cost and expense, is required to carefully examine the Contract Documents and the Project site to become fully acquainted with the conditions affecting the Work. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the site shall not relieve such Bidder from any obligation relating to the Bid, the Contract, or the Work required under the Contract Documents. The City assumes no responsibility or liability to any Bidder for, nor shall the City be bound by, any understandings, oral representations or oral agreements of the City’s agents, employees or officers concerning the Contract Documents or the Work made prior to execution of the Contract. By submitting a Bid, Bidder represents: (1) that Bidder has read and understands the Contract Documents; (2) the Bid is made in compliance with the Contract Documents and is based upon the labor, materials, equipment, and systems required by the Contract Documents; (3) that Bidder understands that all labor, materials, equipment, and systems to be furnished for the Work shall be furnished for the prices bid; (4) that it has visited the Project site, familiarized itself with the local conditions under which the Work is to be performed; (5) that it is fully experienced, qualified and competent to perform the Work set forth in the Contract Documents; (6) that it shall not damage or endanger and shall preserve and protect adjacent properties; (7) that it is properly equipped, organized, and financed to perform the Work;

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(8) that it is properly permitted and licensed by the California Contractors State Licensing Board to perform the Work; (9) that it has familiarized itself with all conditions bearing upon transportation, disposal, handling, and storage of materials; (10) that it has familiarized itself with the availability of labor, water, electric power, and roads; (11) that it has familiarized itself with uncertainties of weather, or similar physical conditions at the Project site; (12) that it has familiarized itself with the character of equipment and facilities needed preliminary to and during performance of the Work; (13) that it has familiarized itself with the staging and material storage constraints of the Project site and surrounding buildings and will confine its staging and storage operations to approved areas; and (14) that it will coordinate its construction activities with the other contractors performing work on the Project site, if any, including, but not limited to, any separate contractor retained by the City.

No information derived from an inspection of records or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and waive and release the City with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law.

The omission of any portion or item of Work from the Bid that is reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time.

DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested in more than one Bid for the Project. A Person that has submitted a sub-bid 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 or from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected.

RETURN OF BID SECURITY. The successful Bidder’s Bid security shall be held until the Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a reasonable time, which in any case shall not exceed sixty (60) days after the successful Bidder has signed the Contract.

AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur within 90 calendar Days after the Bid opening. The Contract award may be made after that period if the selected Bidder has not given the City written notice of the withdrawal of its Bid.

ADDITIVE OR DEDUCTIVE ITEMS. In accordance with Public Contract Code Section 20103.8, the lowest Bid shall be determined by comparing the total Bid price of all Base Bid Items and Additive Alternate Bid Items, using the Engineer’s estimate of quantities for the Work as set forth in the Bidder’s Proposal. The amount of the contract award will be based on the available budget for the project. It may be only for the Base Bid or if the budget allows, include Additive Bid Items. In the event that any or all of the Alternate Bid Items are not awarded as part of the Contract, the City reserves the right to add any or all of the Alternate Bid Items by Change Order or Construction Change Directive at the prices set forth in the Bid.

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TRENCHING. If the Project involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet deep or more, then each Bidder must provide adequate sheeting, shoring, and bracing, or an equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. This final submission must be accepted by the City in advance of excavation and must include a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground during the excavation Work. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

The cost of performing such work or furnishing such design, equipment, labor, tools, and materials shall be included in the unit bid prices in the proposal most closely related to the work and no additional compensation will be made thereof.

LISTING SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors on the Project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.). The Contractor shall self-perform not less than fifty percent (50%) of the Work , as determined by the percentage of Work to be performed by listed Subcontractors.

WORK OF SUBCONTRACTORS. All Bidders are encouraged to disseminate all of the Specifications, Drawings, and other Contract Documents to all persons or entities submitting sub-bids to the Bidder.

INELIGIBLE SUBCONTRACTORS. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to Sections 1777.1 or 1777.7 of the California Labor Code. By submitting a Bid, each Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform Work pursuant to the Labor Code.

EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in the form included in these Contract Documents within ten calendar days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all insurance and Bonds as herein specified, and provide copies to the City, within ten (10) calendar days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder’s security. In such event, the City may declare the Bidder’s security forfeited to the extent permitted by law, and the City may award the Contract to the next lowest responsible Bidder or may reject all bids.

SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to be notarized all documents that indicate such a requirement. The Bidder shall provide evidence satisfactory to the City, such as an authenticated resolution of its board of directors or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any Contract arising therefrom.

INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the City evidence of all required insurance coverage (including all additional insured endorsements) and all required bonds, as specificed in the Notive Inviting Bids.

INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the intended meaning of any part of the Contract Documents, or that finds discrepancies in or

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TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade name item must be made as specified in the Notice Inviting Bids. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability.

TAXES. Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, State or local authorities on materials used or furnished by the Contractor in performing the Work shall be paid by the Contractor. The Bidder shall calculate payment for all sales, unemployment, pension and other taxes imposed by federal, State, and local law and shall include these payments as a part of all Bid item pricing.

USE OF A PROFESSIONAL EMPLOYMENT ORGANIZATION (PEO). Where a contractor has entered into an agreement with a PEO to provide human resources, workers' compensation insurance, or other benefits to the contractor's employees, the City will carefully review the agreement for compliance with applicable California law, including PEO-provided insurance coverages and indemnities. The City reserves the unrestricted right to reject a proposal where a PEO provides services.

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

(1) Definitions

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

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

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

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

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

(2) Format

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

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

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

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

(d) A detailed description of the legal and/or factual grounds for the protest and all supporting documentation. For protests containing elements not based on publicly released information the

I-6 protest must contain documentation clearly showing the date on which the protester received the information; and

(e) The form of relief requested.

(3) Solicitation Protests

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

(4) Bid Protest and Review

(a) The protest, in the Format specified above, must be submitted to the City Manager by email or by personal delivery or overnight mail (to City Hall, 6615 Passons Blvd., Pico Rivera, CA 90660-1016) so that it is received by the City no later than seven (7) calendar days after the bid opening.

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

(c) A bidder whose bid has been protested by another bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail (to City Hall, 6615 Passons Blvd., Pico Rivera, CA 90660-1016) so that it is received by the City no later than seven (7) calendar days after the protest has been served by the protesting bidder.

(d) The City Manager or designee shall have up to ten (10) calendar days to decide whether to approve or reject the protest. The written decision of the City Manager or designee on the protest shall be served upon the protesting bidder and any bidder subject to the protest within fourteen

(14) calendar days of receipt of the bid protest. The City Manager or designee may extend the ten calendar days if necessary to review additional information requested from any bidder.

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

(5) State or Federal Funding

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

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

(6) Mandatory Procedure.

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

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CHECKLIST FOR BIDDERS

SAFETY CROSSWALK AND ADA IMPROVEMENTS AT MARJORIE STREET AND

PASSONS BOULEVARD PROJECT

The following information is required of all Bidders at the time of Bid submission:

1) ____ Completed and Signed Bid Schedule, including cover sheet (page B-1)

2) ____ Completed and Signed Contractor’s Statement and References

3) ____ Completed Subcontractor Designation Form

4) ____ Completed and Signed Addenda Acknowledgement Form

5) ____ Completed, Signed and Notarized Bid Bond or Other Security Form

6) ____ Signed and Notarized Noncollusion Declaration Form

7) ____ Evidence satisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder

8) ____ Department of Industrial Relations (DIR) Contractor Registration Number

Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive.

B-1

BID PROPOSAL

CITY OF PICO RIVERA

SAFETY CROSSWALK AND ADA IMPROVEMENTS AT MARJORIE STREET AND PASSONS

BOULEVARD PROJECT

TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PICO RIVERA:

The undersigned, as Bidder, declares that: (1) this Bid Proposal is made without collusion with any other person and that the only persons or parties interested as principals are those named herein;

(2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid Proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Pico Rivera to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid Proposal herein.

This Bid Proposal is made with the full knowledge of the kind, quantity, and quality of the materials and Work required and, if it is accepted by the City, the Bidder shall enter into a Contract and furnish the bonds, insurance, and other documents as required by the Contract Documents within ten calendar days after award of the Contract. The Bidder agrees that failure to execute and return the Contract, the required bonds, or requisite insurance certificates to the City within the ten (10) calendar day period shall be sufficient cause for the rescission of the award and forfeiture of the Bid Security to the City to the fullest extent permitted by law.

Accompanying this Bid Proposal is cash, a cashier’s check, a certified check,Bid Bond, or evidence of filing a verified electronic Bid Bond, in an amount equal to at least ten percent of the total Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within ten calendar days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law.

BID SCHEDULE

SAFETY CROSSWALK AND ADA IMPROVEMENTS AT MARJORIE STREET AND PASSONS

BOULEVARD PROJECT

PROJECT NO. 50139

Bidder’s Name: __________________________________________________________

Bidder’s Address: __________________________________________________________

To the Honorable Mayor and Members of the City Council:

In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract, to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices:

BASE BID ITEMS:

ITEM DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT

PRICES

EXTENDED

AMOUNT

1 Mobilization LS 1 $ $

2 Traffic Control LS 1 $ $

Remove and Construct

AC (B-PG 64-10)

Pavement Thickness per Plan, including aggregate base

SF 577 $ $

Remove and Construct Type A2-8 Curb and Gutter Per SPPWC Std Plan No. 120-3, including transition per plan

LF 84 $ $

Remove and Construct Type A1-8 Curb Per SPPWC Std Plan No.

120-3

LF 58 $ $

Remove and Construct 4-Inch PCC Sidewalk Per SPPWC Std Plan No. 113-2

SF 1,541 $ $

Remove and Construct 6-Inch Commercial Driveway per SPPWC Std Plan No. 110-2 (Type C)

SF 155 $ $

Remove and Construct Curb Ramp Per SPPWC Std Plan No. 111-5 (Case A, Type 1)

EA 3 $ $

B-2

Remove and Construct Curb Ramp Per SPPWC Std Plan No. 111-5 (Case A, Type 2)

EA 1 $ $

10 Relocate Existing Gate and Posts LS 1 $ $

Remove, Salvage and Reinstall Tubular Fence and Posts Per Plans

LF 10 $ $

Furnish and Install New Tubular Fence in excess of salvaged

LF 24 $ $

Install Signing and Striping Complete Per Plans

LS 1 $ $

Furnish Solar Powered Rectangular Rapid Flashing Beacon (RRFB) Self-Standing System

EA 2 $ $

15 Install RRFB Complete Per Plans EA 2 $ $

Remove Existing Tree, Grind Stump and Dispose

EA 2 $ $

Furnish and Install 24"- Box Size Tree Including Fertilization in Existing Empty Tree Well

EA 1 $ $

Furnish & Install 3” Shredded Walk-On Bark Mulch

CY 2 $ $

19 Sawcut and Remove Existing Concrete Curb LF 64 $ $

Construct 12" Wide PCC Curb Under Aluminum Fence

LF 24 $ $

Remove and Dispose Nonfunctional Street Lamp, Abandon Conduit

EA 1 $ $

Remove and Discard Existing AC Pavement where new mulch occurs

SF 195 $ $

B-3

B-4

In case of discrepancy between the unit price and the extended amount set forth for the item, unit price controls.

NOTE: Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 7-3.5.2 and 7-3.5.3 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.

BASIS OF AWARD: the contract shall be awarded based upon the total bid price.

TOTAL BID PRICE IN DIGITS: $____________________

TOTAL BID PRICE IN WORDS: ___________________________________________________

The undersigned certifies to have a minimum of three consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License

Number ____________, Class _____, which expires on _______________________.

Signature: __________________________________ Title: ___________ Date: ______

Signature: __________________________________ Title: ___________ Date: ______

B-5

BIDDER’S PROPOSAL – CONTRACTOR’S STATEMENT AND REFERENCES

SAFETY CROSSWALK AND ADA IMPROVEMENTS AT MARJORIE STREET AND

Fill out all of the following information. Attach additional sheets if necessary.

(1) Bidder’s Name:

(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement.

(3) Business Address:

(4) Telephone: Email:

(5) Type of Firm – Individual, Partnership, LLC or Corporation:

(6) Corporation organized under the laws of the State of:

(7) California State Contractor’s License Number and Class:

Original Date Issued: Expiration Date:

(8) DIR Contractor Registration Number:

List the name and title of the person(s) who inspected the Project site for your firm:

(9) Number of years experience the company has as a contractor in construction work:

(10) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Bid Proposal:

(11) List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal having interest in this Bid Proposal:

B-6

(12) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid Proposal:

(13) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid Proposal has been involved with in the past five years:

a. List the names, addresses and telephone numbers of contact persons for the parties:

b. Briefly summarize the parties’ claims and defenses:

c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:

(14) Has the company or any principal having an interest in this Bid Proposal ever had a contract terminated by the owner or agency? If yes, explain.

(15) Has the company or any principal having an interest in this Bid Proposal ever failed to complete a project? If yes, explain.

(16) Has the company or any principal having an interest in this Bid Proposal ever been terminated for cause, even if it was converted to a “termination of convenience”? If yes, explain.

B-7

(17) For projects that the company or any principal having an interest in this Bid Proposal has been involved with in the last five years, did you have any claims or actions:

a. By you against the owner? Circle one: Yes No

b. By the owner against you? Circle one: Yes No

c. By any outside agency or individual for labor compliance?

Circle one: Yes No

d. By Subcontractors? Circle one: Yes No

e. Are any of these claims or actions unresolved or outstanding?

Circle one: Yes No

If your answer is “yes” to any part or parts of this question, explain.

(18) Has the company or any of its principals ever been debarred by any agencies? Is yes, please explain.

(20) For all public agency projects in excess of $100,000.00 that you are currently working on or have worked on in the past two (2) years, provide the following information:

Project 1. Name/Number

Project Description ___________________________________________________________

Approximate Construction Dates From: _______________ To: ____________

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $

If final amount is different from original amount, please explain (change orders, extra work, etc.).

B-8

Did you or any Subcontractor, file any claims against the Agency?

Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 2. Name/Number

Project Description ___________________________________________________________

Approximate Construction Date From: _______________ To: ____________

Agency Name:

Contact Person: Telephone:

Address:

Did the Agency file any claims against you? Circle one: Yes No

Project 3. Name/Number

Project Description ___________________________________________________________

Approximate Construction Dates From: _______________ To: ____________

Agency Name:

B-9

Contact Person: Telephone:

Address:

Did the Agency file any claims against you? Circle one: Yes No

(may attached additonal pages, if needed)

Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information.

Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive.

Urban Runoff Certification. Contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. The Bidder certifies to the City that he/she has trained his/her employees and Subcontractors, if any, for Urban Runoff management and has included sufficient sums in the Bid Price to cover such costs of training as stipulated in the most current Regional Water Quality Control Board requirements, including the Municipal Separate Storm Sewer System NPDES Permit. The Contractor is responsible for all clean up and payment of all fines levied as a result of any illegal discharge (as defined in NPDES permit) occurring as a result of the Contractor’s Work and/or operations.

[Signatures on following page]

B-10

I, the undersigned, certify and declare that I have read all the foregoing answers to the Bidder’s Proposal – Contractor’s Statement and know their contents. The matters stated in the Bidder’s Proposal – Contractor’s Statement answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is correct.

Company

Signature:

Name:

Title:

Date:

Signature:

Name:

B-11

DESIGNATION OF SUBCONTRACTORS

[Public Contract Code Section 4104]

SAFETY CROSSWALK AND ADA IMPROVEMENTS AT MARJORIE STREET AND PASSONS BOULEVARD PROJECT

PROJECT NO. 50139

List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent of the Contractor’s total Bid or $10,000.00, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name under which subcontractor is licensed and registered

CSLB License Number(s) and

Class(es)

DIR Contractor Registration

Number Address and Phone Number Bid item no. &

Description Subcontract amount Percentage of bid item subcontracted

The percentage of the total…