PW 22-117R3 COMMUNITY CENTER PARK EAST PLAYGROUND IMPROVEMENT PROJECT (REBID #3)

NOTICE IS HEREBY GIVEN that the City of Oxnard, California invites sealed Bids for the Community Center Park East Playground Improvement Project (Rebid #3). The City will receive such Bids at Oxnard City Hall, 300 West Third Street, Fourth Floor, Oxnard, California 93030, attention: City Clerk, until 2:00 p.m. on May 18, 2023 There will be a public bid opening immediately afterwards at 305 W. Third Street, First Floor, Oxnard, California in the City Council Chambers. 

SCOPE OF WORK. The 2018 edition of the Standard Specifications for Public Works Construction and the 2019 Errata No. 1 to the Standard Specification for Public Works Construction 2018 Edition (collectively the “Greenbook”) is incorporated by this reference. As more specifically described in the Contract Documents, the Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to remove and dispose of existing playground equipment and surfaces, transport and install new City owned playground equipment, and furnish and install new playground surfaces. This Project is funded in part by Community Development Block Grant funds (“CDBG”) from the United States Department of Housing and Urban Development (“HUD”) and the Project is subject to, and must comply with, the applicable requirements of HUD Agreement No. B-18-MC-06-0534 attached and incorporated by reference as Appendix E and the City of Oxnard Inter-Departmental Agreement No. 8470-18-HO for use of CDBG Funds attached and incorporated by reference as Appendix F. 

OBTAINING BID DOCUMENTS. All Bidders must be plan holders of record to submit a Bid to the City, which entails purchasing copies of all Contract Documents at CyberCopy’s Plan Room, located at https://www.cybercopyplanroom.com/jobs/public. Printed copies will also be available at City Hall for the same price.

COMPLIANCE WITH THE DAVIS-BACON ACT. Contractor must comply with, and ensure all of its Subcontractors are complying with, the Davis-Bacon Act (40 U.S.C. 276a to 276a-7), as supplemented by Department of Labor regulations (29 CFR part 5), Section 46 of HUD- 5370; and Section 3 of the Housing and Community Development Act of 1992 (12 U.S.C. 1701u; 24 CFR part 75). Wage rates on the project shall not be less than the federal wage scale published by the U.S. Department of Labor on March 17, 2023.

As detailed within pertinent HUD and Federal regulation, the Contractor is required to pay Davis-Bacon wage rates. The applicable Wage Rates pertaining to the Work detailed herein is attached hereto as Appendix B “Davis Bacon Act Wage Decision”, and detailed within Appendices A, C, D, E, and F. This Work will be subject to all the requirements pertaining to Davis-Bacon Work, including the applicable Federal forms and procedures (i.e., on-site interviews; certified payrolls; etc.).  The Wage Rate Determination is subject to change.  The Wage Rate Determination in effect on the date of the bid opening will be applicable to the total Project if the Contract is awarded within 90 days of bid opening.  If the Contract is not awarded within 90 days of Bid opening, any wage rate modifications that occurred within that 90-day period will apply to the Contract.

Pursuant to the Grant and Federal Provisions Section 11-4, both State prevailing wages are required under Labor Code section 1720 et seq. and federal prevailing wages are required under the Davis-Bacon Act. Contractor understands and shall ensure that all its subcontractors understand that in the event of a conflict between the State of California and federally-required prevailing wages provision, the higher of the two shall prevail.

PREVAILING WAGES. This Project is a “public work” subject to the requirements of Division 2, Part 7, Chapter 1 of the Labor Code and Title 8, Division 1, Chapter 8 of the California Code of Regulations (“CCR”). The Contractor and all Subcontractors shall pay wages in accordance with the determination of the Director of the DIR. Copies of these rates are on file with the Project Coordinator at City Hall and will be made available to any interested party on request. They are also available at http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. The Contractor shall post a copy of the DIR’s rates at each job site. This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall furnish certified payroll records directly to the Labor Commissioner. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Contract Award.  If the Contract is not awarded within ninety (90) days of Bid Opening, any wage rate modifications published within that 90-day period will apply to the Contract.

BONDS. Each Bid must be accompanied by Bid security as described in the Instructions to Bidders in the Contract Documents. Upon Contract award, the successful Bidder shall provide both Payment and Performance Bonds—each at 100% of the Contract Price—to the City Clerk or his or her designee in accordance with Greenbook Section 1-7.2 and the Contract Documents. The Performance Bond shall include a one-year warranty period. Bonds must be on the forms in the Contract Documents unless other forms meet all of the City’s requirements including that the Bond limit be automatically increased if the Contract amount is increased after execution of the Contract, and the City Attorney at his or her discretion approves the Surety’s form. Whenever Bonds are submitted for this Project, Bidder must also submit a photocopy of each Bond.

LICENSES. Each Bidder shall possess a valid Class A Contractor’s license issued by California Contractors State License Board at the time of Contract award and a current City business license at the time of Contract award.

RETENTION. The City shall withhold five percent (5%) of any progress payment as retention.

TRADE NAMES OR EQUALS.  Requests to substitute an equivalent material, product, thing or service for a brand or trade name material, product, thing or service must be made by written request submitted no later than fifteen (15) Calendar Days following the award of Contract. Requests received after this time shall not be considered. Requests must clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability.

LIQUIDATED DAMAGES. Contractor must complete all Work within seventy (70) Working Days of the City’s Notice to Proceed. There will be a $250 assessment for each Calendar Day that Work remains incomplete beyond the Project completion deadline.

ADDITIONAL PROVISIONS. Award will be made to the lowest, responsive, responsible bidder. The low, responsive, responsible bidder must not be debarred, suspended, or otherwise be excluded from or ineligible for participation in federally assisted programs under Executive Order 12549. The Bidder, by submitting this bid, hereby certifies that Bidder and any subcontractor are not on the federal Consolidated List of Debarred, Suspended and Negligible Contractors.

Bidders on this work shall be required to comply with the provisions of the President’s Executive Order No. 11246, as amended. The Bidders shall also comply with the requirements of 41 CFR Part 60 - 4 entitled Construction Contractors - Affirmative Action Requirements.

The Bidders attention is also called to the “Minority/Women Business Participation” requirements contained in the Contract Documents. Executive Orders 11625, 12432, and 12138, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority- and women-owned business enterprises. Contractor will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Contract.

The Project and all Work are subject to, and must comply with, the applicable requirements of the federal regulations contained in 2 CFR 200. Any contract(s) awarded under this Notice Inviting Bids are expected to be funded by a grant from the Department of Housing and Urban Development. Neither the United States nor any of its departments, agencies or employees is or will be a party to this Advertisement for Bids or any resulting contract.

Bids shall be properly and completely executed on bid forms included in the Contract Documents. The City may make such investigations as deemed necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. 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 the Agreement and to complete the work contemplated therein. No bid may be withdrawn after the scheduled closing time for receipt of bids for at least ninety (90) days.

Each Bidder is responsible for inspecting the Project site(s) and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation with respect to its Bid.

Inquiries regarding this Notice Inviting bids may be directed to renee.hatcher@oxnard.org.