Agenda packet — West Sacramento City Council, June 28, 2023 (part 1 of 2)

CITY OF WEST SACRAMENTO CITY COUNCIL AND

WEST SACRAMENTO REDEVELOPMENT AGENCY AND

WEST SACRAMENTO FINANCING AUTHORITY
City Council Special Meeting
JUNE 28, 2023 AGENDA
Martha Guerrero, Mayor
Quirina Orozco, Mayor Pro Tem
Norma Alcala, Council Member
Dawnté Early, Council Member
Verna Sulpizio Hull, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
6:30 PM Closed Session Call to Order
7:00 PM Regular Meeting Call to Order
Pledge of Allegiance
Land Acknowledgment
The meeting will be held at City Hall, City Council Chambers, 1110 West Capitol Avenue, West Sacramento
GENERAL ADMINISTRATION FUNCTION – PART I

1. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE

JURISDICTION OF THE COUNCIL
The Council is prohibited from discussing issues not on the agenda brought to them at this time.

According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion or action.

PRESENTATIONS
NONE

CONSENT AGENDA

2. Capital Projects
CONSIDERATION OF APPROVAL OF CONTRACT AWARD TO REM CONSTRUCTION INC.

FOR THE CORPORATION YARD PHASE II O&M TRANSITION PROJECT (CIP 51032) Objective: The objective of this report is to provide the City Council with sufficient information to approve a contract award to REM Construction Inc. for the Corporation Yard Phase II O&M Transition Project (CIP 51032).

Anyone wishing to address the Council, or any agenda item, may fill out the Request to Speak card and present it to the City Clerk prior to the completion of staff presentation. Items on the Consent Agenda will be considered in one motion and the Request to Speak card should be turned in prior to the first item on Consent.
1 Recommendation: Staff respectfully recommend that the City Council: (1) Find that the environmental impacts associated with the approval of a construction contract as well as multiple contracts and contract amendments for construction support and engineering services for the Corporation Yard Project were fully analyzed in the Mitigated Negative Declaration prepared for all phases of the Corporation Yard Project and approved by City Council on March 6, 2019, and that the need for subsequent environmental review pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164 has not been triggered; (2) Approve award of Contract with REM Construction Inc for $3,799,744.41 which includes installation of modular transitional buildings, utilities and miscellaneous amenities for public works operations; and (3) Authorize the City Manager, or his designee, to execute amendments or change orders up to 20% ($759,948.88) of the Amendment value.

3. Economic Development & Housing
CONSIDERATION OF ADOPTION OF RESOLUTION 23-52 DECLARING CITY-OWNED PROPERTIES LOCATED AT 811- 826 WEST CAPITOL AVENUE AS EXEMPT SURPLUS

PROPERTY
Objective: The objective of this report is to provide information to the City Council to facilitate consideration of Resolution 23-52 declaring City-owned properties located at 811-826 West Capitol Avenue (APNs 067-320-005, 067-330-002, 067-330-017, 008-150-033, 008-150-066, and 008-150- 067) as exempt surplus property.

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-52 declaring City-owned properties located at 811-826 West Capitol Avenue as exempt surplus property.

PUBLIC HEARINGS
NONE

REGULAR AGENDA

4. Capital Projects

CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES CONTRACT AWARD TO VERDE DESIGN, INC. FOR THE DESIGN OF THE BRYTE PARK MASTER PLAN IMPLEMENTATION PROJECT (CIP 62138) AND DELEGATION OF AUTHORITY TO THE CITY

MANAGER TO ENTER INTO A SUBRECIPIENT AGREEMENT WITH YOLO COUNTY TO

RECEIVE AMERICAN RESCUE PLAN ACT FUNDING
Objective: The objective of this report is to provide sufficient information to City Council for consideration of a services contract award to Verde Design, Inc. for the Bryte Park Master Plan (BPMP) Implementation Project and authorize the City Manager to enter into an agreement with Yolo County to receive American Rescue Plan Act (ARP) funding.

Recommendation: Staff respectfully recommends that the City Council: (1) Approve award of Contract with Verde Design, Inc for $1,859,545 for the Bryte Park Master Plan (BPMP) Implementation Project (CIP 62138); (2) Delegate authority to the City Manager or his designee to execute a professional services contract with Verde Design, Inc., in the amount of $1,859,545; (3) Authorize the City Manager or his designee to issue monthly progress payments to the consultant and execute amendments or change orders up to 15% ($279,931) of the Contract value; and (4) Delegate authority to the City Manager to enter into a Subrecipient Agreement with Yolo County for ARP funding for the BPMP Implementation Project.

5. Capital Projects
2 ROAD MAINTENANCE WORKSHOP AND CONSIDERATION OF RESOLUTION 23-41 ESTABLISHING A LIST OF FISCAL YEAR 2023/24 PROJECTS FUNDED BY SENATE BILL 1 (SB1): THE ROAD REPAIR AND ACCOUNTABILITY ACT
Objective: The objective of this report is to provide a workshop on the City's Road Maintenance Program and to facilitate City Council consideration of Resolution 23-41 establishing the Fiscal Year 2023/24 list of projects to be funded with the State Road Maintenance and Rehabilitation Account (RMRA/SB1) revenues and authorizing staff submission of the list to the State of California Transportation Commission (CTC).

Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-41 establishing and approving the list of FY 2023/24 projects to be funded with the State Road Maintenance and Rehabilitation Account (RMRA/SB1) revenues and authorize staff to submit the list to the State of California Transportation Commission (CTC).

6. Finance
CONSIDERATION OF RESOLUTION 23-57 ADOPTING THE FY 2023/24 AND FY 2024/25

OPERATIONS & MAINTENANCE (O&M) AND CAPITAL IMPROVEMENT PROGRAM (CIP)

BUDGETS
Objective: This report presents an overview of the City’s proposed Operations & Maintenance (O&M) budget and Capital Improvement program (CIP) budget for Fiscal Years 2023/24 and 2024/25, the revised Authorized Positions List (APL) and revised pay schedule effective July 1, 2023 for the City Council’s consideration.

Recommendation: Staff respectfully recommend that the City Council: (1) Adopt Resolution 23-57 approving the operations and maintenance (O&M) budget and Capital Improvement Program (CIP) budgets for FYs 2023/24 and 2024/25; (2) Approve the revised ARPA Spending Plan; (3) Approve the amended and updated salary schedule; and (4) Approve the amended Authorized Position List.

GENERAL ADMINISTRATION FUNCTION – PART II

7. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Bikeshare Policy Steering Committee --------------------------------------------Guerrero, Alternate - Early City/County 2x2 ----------------------------------------------------Guerrero/Orozco, Alternate – Sulpizio Hull City/School 2x2 ------------------------------------------------------Guerrero/Sulpizio Hull, Alternate - Alcala Executive Commission to Address Homelessness --------------------Sulpizio Hull, Alternate - Orozco EIFD Public Financing Authority----------------------------------------------------Vacant, Alternate - Vacant League of California Cities --------------------------------------------------- Alcala, Alternate – Sulpizio Hull Local Agency Formation Commission ---------------------------------------------------------------------- Alcala Port District Commission ---------------------------------------------------------Guerrero, Early, Sulpizio Hull Remote Access Network ------------------------------------------------------------------------------------Guerrero River City Regional Stadium Financing Authority------------------------------------------Guerrero, Orozco Sacramento Area Council of Governments (SACOG) ------------------------Guerrero; Alternate - Early Sacramento Regional County Sanitation District Board --------------Orozco; Alternate - Sulpizio Hull West Sacramento Area Flood Control Agency JPA ----------------------------Alcala; Alternate - Orozco Yolo County Housing Authority-------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Transportation District -----------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Habitat Conservancy ------------------------------------------------------------------------------Sulpizio Hull Yolo-Solano Air Quality Management District ----------------------------Alcala; Alternate – Sulpizio Hull Yolo Subbasin Sustainable Groundwater Agency-------------------------Sulpizio Hull; Alternate - Early

COUNCIL INTERMEDIARY REPRESENTATIVES
Delta Protection Commission -------------------------------------------------------Vacant; Alternate - Vacant New Hope Community Development Corporation---------------------------------Early; Alternate - Alcala 3 Yolo County Consolidated Redevelopment Successor Agency Oversight Board--------Sulpizio Hull

8. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS NONE

9. PART II
A. Council Calendar
B. City Manager Report
C. City Attorney Report
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the June 28, 2023 special and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted June 23, 2023 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review.

NOTE: If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

The agenda and agenda reports are also available on the City’s website at www.cityofwestsacramento.org City Council meetings are broadcast live on Wave Cable Channel 20 and rerun the next day at 12:00 PM and the following Saturday at 6:00 PM.

All public materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are also made available for public inspection on the City’s website at:
www.cityofwestsacramento.org. Any document provided at the meeting by staff or by the public will be provided by the City Clerk upon request by phone at (916) 617-4500, or by email at: [email protected].

If you need assistance to participate in this meeting, please contact the City Clerk’s Office at 916-617- 4500 or [email protected]. Notify the City Clerk’s Office at least 48 hours prior to the meeting will assist staff in assuring reasonable arrangements can be made to provide accessibility to the meeting. Assisted listening devices are available at this meeting. 4 CITY COUNCIL AGENDA REPORT
MEETING DATE: June 28, 2023 ITEM # 2
SUBJECT:

CONSIDERATION OF APPROVAL OF CONTRACT AWARD TO
REM CONSTRUCTION INC. FOR THE CORPORATION YARD PHASE II O&M TRANSITION PROJECT (CIP 51032)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Inambao Lifanu, Project Manager II
Capital Projects Department

[ ] Council [X] Staff
[ ] Other
William Roberts, Director
Public Works Operations and Maintenance
Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve a contract award to REM Construction Inc. for the Corporation Yard Phase II O&M Transition Project (CIP 51032).

RECOMMENDED ACTION
Staff respectfully recommend that the City Council:
1) Find that the environmental impacts associated with the approval of a construction contract as well as multiple contracts and contract amendments for construction support and engineering services for the Corporation Yard Project were fully analyzed in the Mitigated Negative Declaration prepared for all phases of the Corporation Yard Project and approved by City Council on March 6, 2019, and that the need for subsequent environmental review pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164 has not been triggered; 2) Approve an award of Contract with REM Construction Inc for $3,799,744.41 which includes installation of modular transitional buildings, utilities, and miscellaneous amenities for public works operations; and 3) Authorize the City Manager, or his designee, to execute amendments or change orders up to 20% ($759,948) of the Amendment value.

BACKGROUND
The West Sacramento Corporation Yard (Corp Yard), located at 1951 South River Road, currently houses the City’s Public Works Operations and Maintenance Department and the Maintenance Division of the Parks and Recreation Department (about 70 employees total). The facility dates to the 1960s and was inherited from the East Yolo Community Services District when the City incorporated in 1987. The Corp Yard’s administration buildings, workshops, laydown areas, storage and disposal facilities are far past their operational prime and are significantly constrained to meet the needs of contemporary City operations. The facility is situated on a 9-acre site overlooking the Sacramento River at the southern end of the Pioneer Bluff district, adjacent to the City’s former wastewater treatment plant that was decommissioned in 2008. Combined, the current Corp Yard and former treatment plant properties total 15 acres, all owned by the City. Like the remainder of Pioneer Bluff and the nearby Bridge District, the site has had a land use designation of Waterfront Mixed-Use since the adoption of the City’s first General Plan. For nearly 20 years, plans have been laid to relocate the Corp Yard to a more appropriate part of the city.

In 2005, the City Council approved the purchase of a 22-acre site in Southport at 2935 Ramco Street for a new City Corporation Yard facility (Corp Yard Project) to replace the current Corp Yard and approved a contract with Dreyfus & Blackford Architects for Executive Architect services to develop a design-build solicitation package for the project. The Corp Yard Project, at that time, was designed as a joint use facility to be shared with the Washington Unified School District (WUSD). Subsequently, due to budget constraints related to the economic recession, the project was postponed and the concept of a joint use facility with the school district was eliminated.

The following provides a summary of actions related to the Project since the initial effort to the current state of the project:
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2014 December City Council approved the Pioneer Bluff Transition Plan in December 2014 prioritizing the relocation of the existing Corp Yard at 1951 South River Road as a near term opportunity to accelerate the de-industrialization of Pioneer Bluff. 2015 June Port of West Sacramento (Port) acquired a 12.42-acre site at 4300 West Capitol Avenue with the understanding of transferring it to the City for the New Corp Yard. 2016 June The City Council approved a contract with Kappe Architects to provide facility programming, CEQA analysis, schematic design, final bridging documents and design-build support. 2017 April Staff presented the City Council with schematic design and cost estimates for full buildout of the Corp Yard Project. The City Council recommended a redesign and phasing due to budget and short-term financing constraints.
2017 October City Council approved a $5 million contribution to the Corp Yard Project from water and sewer revenue bonds.
2018 January The Port of West Sacramento closed escrow on the 2935 Ramco Street property with net proceeds of $3.2 million and transferred the funds to the Corp Yard Project fund. 2018 May The City Council approved amendments to the City’s Capital Improvement Program (CIP) for fiscal year 2018-19, including an $8.2 million appropriation, with the agreement to transfer funds to the new Corp Yard project.
2020 April D.G. Granade submitted the lowest responsible base bid of $9,738,048 for Corporation Yard Project Phase One construction which was completed in 2022 2020 June Staff provided an accounting for the existing Project budget and, in working with Finance, was able to develop a proposed funding plan for the Project to move forward. 2022 July Project staff, along with staff from Flood and RD 900, worked to assess the storm water drainage opportunities and costs of a newly planned levee improvement (federal project) adjacent to the new Corp Yard site.
2022 July Finance acquired an ARPA grant to fund phase II of the Corp Yard project which included installation of temporary modular buildings at the new site and to expedite the transitional plan while final design and cost estimates for fleet and office buildings were being developed.
2023 January Kappe Architects along with City Staff completed a bid packet and cost estimate for phase II of the Corp Yard Project along with updated design and layout of the transitional buildings, utilities, parking, signage and shade structure.

2023 March The Corp Yard Phase II project was advertised for potential construction.

CORPORATION YARD PHASE I
The new Corp Yard Project site used the traditional design, bid, and build methodology. A master plan for the new site and the original construction cost estimate and funding for the Phase One Project improvements was prepared by Kappe Architects and their sub-consultants along with staff consultation in 2016. The design and cost estimate have since been updated several times to reflect events of the timeline of this report.

Upon completion of phase one, the Corp Yard Project was an independent and fully functioning operation with the following scope:
 Complete site utility infrastructure (energy/communications/water/sewer) including stubbed connections for future building footprints, including the future administration building and shop/vehicle maintenance structures (Project Phase Two);
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 Multi-beneficial bioswale design strategy that will both provide structural integrity to the whole of the site, necessitated due to poor soil conditions, and will also contribute to the storm water filtration of approximately 726,000 cubic feet of industrial use water runoff per year (or 5,430,857.14 gallons) which would otherwise go untreated into the City stormwater system;  Complete site surfacing, including sections for heavy equipment parking and storage;  Decant facility for Vactor truck/sweeper spoils processing;  Material storage facilities and covered waste transfer;  Full perimeter security fencing, yard lighting and security cameras;  Design allows for a future improvement phase to produce up to approximately 4MW (Mega Watts) of onsite solar electricity, battery storage, and provision for fleet electrification, which could power all onsite operations and offset major City facility power use, such as the Water Treatment plant which lacks sufficient land for renewable energy production.

Capital Projects and Public Works staff determined that it was in the best interests of the City to move the project forward with the next project phase considering the escalating costs of materials, equipment and services. This step would also free up the Pioneer Bluff/Riverfront for redevelopment and create more revenue streams for future City development.

CORPORATION YARD PHASE II
The Corporation Yard Phase II O&M Transition Project will offer improved operational productivity and safety by transitioning select operations from Pioneer Bluff to the new site at 4300 West Capitol Avenue. This transition will enhance security, efficiency, and productivity by providing essential space needed to ease congestion at the existing facility and through the installation of modern security systems at the new site.

A new decant facility to process spoil materials from sweeper and Vactor truck operations will allow decommissioning of the existing non-compliant decant facility, which occupies a valuable site on the riverfront at the existing Corp Yard location. Relocating the decant facility will also enable Economic Development staff to use recently awarded EPA brownfield grant funds to assess the facility footprint and plan for its cleanup and backfill for future development. The new decant facility will be compact and compliant with all state and federal guidelines for spoils processing.

The new Corp Yard site with its large covered and uncovered areas will allow for efficient stocking of materials and staging of heavy equipment. This will improve control of inventory for both daily and emergency operations.

Currently, material storage areas are extremely limited, creating the need for material to be delivered on an ad hoc basis.

Modern waste transfer operations will be enabled at the new site with efficient storm water-compliant facilities constructed with permanent covers. These facilities will reduce staff time covering and uncovering open dumpsters, and elevated truck access will eliminate the current practice of double-handling waste.

The upcoming transition project will allow for the Corp Yard to move to a more appropriate part of the City and will pave way for the Waterfront Mixed-Use designation adopted in the City’s first General Plan.

ANALYSIS
The Capital Projects Department conducted a competitive bid to select a contractor for the Corporation Yard Phase II O&M Transition Project (CIP 51032). The project bid included the installation of transitional modular buildings to accommodate Public Works O&M administrative, operations and maintenance staff and storage areas. In addition, the project includes the installation of water, sewer, electric, and telecommunication service hookups. On March 29, 2023, the bid package was advertised in the local paper. The bid package was also posted on the City’s website and through the City’s electronic procurement platform OpenGov.com. At the close of the advertising period, City staff received three (3) bids that were opened on May 11, 2023. 7 REM Construction Inc Corporation Yard Phase II O&M Transition Project June 28, 2023

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The bid results were as follows:

Table 1
Rank Contractor Base Bid Amount
1 REM Construction Inc. $3,799,744.41
2 Mobile Modular $4,398,425.00
3 Pacific Mobile Structures Inc. $4,527,482.90
All three bids came in higher than anticipated and debrief meetings were held with all the bidders to clearly understand the price variances. It was determined that the bids represented the high cost of materials, labor and uncertainties in the industry.

After examining the Contractor’s licenses, work experience, qualifications and proposals submitted in each of the complete bid packages, staff determined that REM Construction Inc. is the lowest responsive and qualified bidder, with a total bid of $3,799,744.41. On this basis, staff recommends awarding the construction contract to REM Construction Inc.

Environmental Considerations
The environmental impacts associated with the approval of a construction contract as well as multiple contracts and contract amendments for construction support and engineering services for the Corporation Yard Project were fully analyzed in the Mitigated Negative Declaration prepared for all phases of the Corporation Yard Project and approved by City Council on March 6, 2019. The need for subsequent environmental review pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164 has not been triggered.

Commission Recommendation
Not applicable.

Strategic Plan Integration
The project and recommended actions support the City’s Mission of providing Municipal Services and Quality City Infrastructure and Facilities. This is consistent with the City Council’s goal for a Financially Sound City Government and to provide Quality City Services.

Alternatives
The City Council may decide to:
1) Approve the recommended actions as stated above ;
2) Make changes to recommended actions; or
3) Defer the project to a later date or eliminate the project.

Staff recommends Alternative 1 as the best way to transition the Corp Yard functions to the new facility on 4300 West Capitol Avenue allowing for redevelopment of the Pioneer Bluff facility and making the Corp Yard more functional. It will be more cost effective for the City to complete the updates now rather than later, due to inflation and rising cost of materials and services. Additionally, this project is funded using federal American Rescue Plan Act funds which must be obligated and spent within a short timeframe.

Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Public Works Operations and Maintenance Department and the Finance Department.

Budget/Cost Impact
The budget/cost impact for the construction of the Corporation Yard Phase II O&M Transition Project plus contingencies is currently funded by a 2022/2023 budget appropriation and an amendment to the CIP utilizing ARPA funds.
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CORPYARD PHASE II PROJECT
Construction Cost Estimate Cost
Construction Contract 3,799,744.41
Contingency 20% 759,948.88
Construction + Contingency 4,559,693.29
City Staff Time (Including ICAP) 213,306.00
Construction Support - Design Consultant 75,000.00
Special Inspection 75,000.00
Labor Compliance 25,000.71
Environmental 27,000.00
Permitting 25,000.00

TOTAL ESTIMATED PROJECT COST

5,000,000.00
Current Project Appropriations (ARPA Funds)

3,000,000.00
Additional Funds Requested in the Proposed Budget to be considered by Council on June 28, 2023(ARPA Funds)

2,000,000.00

TOTAL APPROPRIATION

5,000,000.00
The existing project budget, fully funded by American Rescue Plan Act (ARPA) funds, is $3,000,000. Additional funds in the amount of $2,000,000 are needed to cover the construction costs, contingencies, fees and staff costs. The proposed budget on the June 28, 2023, agenda for Council consideration requests the additional $2,000,000 appropriation from ARPA funds.

ATTACHMENT
1) Contract
9 Attachment 1 Contract
CPC23-142 REM Construction - Corpyard Project Phase II O&M Transition

CITY OF WEST SACRAMENTO

CAPITAL PROJECTS

DEPARTMENT

YOLO COUNTY, CALIFORNIA

CONTRACT DOCUMENTS
FOR
REVIEW

CORPORATION YARD PROJECT
PHASE II O&M TRANSITION (RE-BID):
[WORK ORDER 51032]

FEDERAL PROJECT
Sealed proposals will be received and submitted electronically through the City’s OpenGov eProcurement system at https://procurement.opengov.com/portal/cityofwestsacramento until 2:00 p.m. local time on Thursday, April 27, 2023.
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The Special Provisions were prepared under the responsible charge of the following persons:

ARCHITECT
NAME, Licensed Architect
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CITY OF WEST SACRAMENTO

CONTRACT DOCUMENTS

TABLE OF CONTENTS
PART 1 BIDDING REQUIREMENTS ........................................................................................1-1 INVITATION TO BID ...........................................................................................................1-3 PART 2 FEDERAL-AID CONTRACT........................................................................................2-1

1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)..............................................2-3

2. BID OPENING .............................................................................................................2-6

3. BID RIGGING ..............................................................................................................2-7

4. CONTRACT AWARD ..................................................................................................2-7

5. CONTRACTOR LICENSE ...........................................................................................2-7

6. CHANGED CONDITIONS ...........................................................................................2-7

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES...2-8

8. BUY AMERICA ............................................................................................................2-8

9. QUALITY ASSURANCE ..............................................................................................2-8

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS ................2-9

11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS......................................................................................................................2-9

12. FEMALE AND MINORITY GOALS ........................................................................2-22

13. TITLE VI ASSURANCES .......................................................................................2-23

14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) ......2-24

15. FEDERAL TRAINEE PROGRAM ..........................................................................2-24 PART 3 BID DOCUMENTS .......................................................................................................3-1 INSTRUCTIONS TO BIDDERS ..........................................................................................3-3 BIDDER’S CHECKLIST ....................................................................................................3-13 BID PROPOSAL ...............................................................................................................3-19 BID SCHEDULE................................................................................................................3-21 SCHEDULE OF MEASUREMENT AND PAYMENT.........................................................3-29 BID SECURITY .................................................................................................................3-41 NON-COLLUSION DECLARATION..................................................................................3-43 EXPERIENCE & QUALIFICATIONS.................................................................................3-45 PART 4 CONTRACT DOCUMENTS .........................................................................................4-1 CONSTRUCTION CONTRACT ..........................................................................................4-3 PERFORMANCE BOND.....................................................................................................4-7 PAYMENT BOND ...............................................................................................................4-9 CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION............4-11 PART 5 GENERAL CONDITIONS ............................................................................................5-1 SECTION 1 DEFINITIONS AND TERMS ...........................................................................5-3 SECTION 2 SCOPE OF WORK .........................................................................................5-9 SECTION 3 CONTROL OF WORK ..................................................................................5-21 SECTION 4 CONTROL OF MATERIALS .........................................................................5-33 SECTION 5 LEGAL RELATIONS AND RESPONSIBILITY..............................................5-37 SECTION 6 PROGRESS AND COMPLETION OF WORK ..............................................5-55 SECTION 7 MEASUREMENT AND PAYMENT ...............................................................5-65 PART 6 SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS) ......................................6-1 SECTION 1 DEFINITIONS & TERMS ................................................................................6-5 SECTION 2 SCOPE OF WORK .........................................................................................6-7 SECTION 3 CONTROL OF WORK ..................................................................................6-15 SECTION 4 CONTROL OF MATERIALS .........................................................................6-17 14 Attachment 1 Contract
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SECTION 5 LEGAL RELATIONS AND RESPONSIBILITY..............................................6-19 SECTION 6 PROGRESS AND COMPLETION OF WORK ..............................................6-31 SECTION 7 MEASUREMENT AND PAYMENT ...............................................................6-33 PART 7 TECHNICAL SPECIFICATIONS .................................................................................7-1 SECTION 3 EARTHWORK.................................................................................................7-3 SECTION 5 ENGINEERING FABRICS ..............................................................................7-7 SECTION 7 AGGREGATE BASE.......................................................................................7-9 SECTION 8 HOT MIX ASPHALT......................................................................................7-11 SECTION 10 ADJUSTMENT OF CASTINGS...................................................................7-15 SECTION 11 CONCRETE CURB, GUTTER, SIDEWALK AND DRIVEWAYS ................7-17 SECTION 12 EXCAVATIONS...........................................................................................7-21 SECTION 13 STORM DRAINAGE ...................................................................................7-29 SECTION 15 WATER DISTRIBUTION.............................................................................7-33 SECTION 16 LANDSCAPING ..........................................................................................7-45 SECTION 17 IRRIGATION SYSYTEM .............................................................................7-55 SECTION 20 TRAFFIC SIGNING, STRIPING AND PAVEMENT MARKINGS ................7-69 SECTION 22 DEWATERING............................................................................................7-73 SECTION 23 CRASH CUSHION ......................................................................................7-77 SECTION 24 VEGETATION CONTROL ..........................................................................7-79 SECTION 25 LANE CLOSURE ........................................................................................7-83 SECTION 26 JOINT TRENCH..........................................................................................7-89 SECTION 27 CONCRETE STRUCTURES ......................................................................7-91 SECTION 28 CONCRETE PAVEMENT ...........................................................................7-93 SECTION 29 RELOCATE UTILITY VAULT......................................................................7-95 SECTION 30 DRAINAGE INLET FILTER.........................................................................7-97 PART 8 APPENDIX (BOUND SEPARATELY) .........................................................................8-1 PART 9 CONTRACT DRAWINGS (BOUND SEPARATELY) ..................................................9-1 15 Attachment 1 Contract
CPC23-142 REM Construction - Corpyard Project Phase II O&M Transition Bidding Requirements
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PART 1 BIDDING REQUIREMENTS
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INVITATION TO BID
Sealed proposals will be received and submitted electronically through the City’s ProcureNow system at https://procurement.opengov.com/portal/cityofwestsacramento until 2:00 p.m. local time on April 27, 2023, at which time and place results will be posted and available for public review for the:

CORPYARD PROJECT PHASE II O&M TRANSITION
The proposed work consists installation of modular transitional buildings to accommodate all respective departmental administrative, operations and maintenance staff and storage area.

The layout of the modulars, floor plan of each modular and other details are complete and the facility is setup for installation of the modular units. Utilities are required for this project, and these include domestic water, sewer, storm drain, power, communication, plumbing, pavement marking and striping, signage, and other ancillary work. This project is funded by the American Rescue Plan Act (ARPA). All project work must meet all applicable codes and requirements.

The Contractor shall provide labor, materials, tools, equipment, and incidentals, and shall perform all work necessary to deliver a completed, workmanlike project ready for safe public use and economical maintenance by City forces.

Engineer’s Estimate: $1,900,000.

Pre-Bid Meeting: Thursday, April 13, 2023 at 10:00 a.m.

1. Completion of Work: All work shall be completed within Two Hundred Fifty (250) working days from the date designated on the Notice to Proceed. Plant Establishment is excluded from these working days.

2. Obtaining Contract Documents: Contract documents and plans are available for downloading free of charge through the City’s ProcureNow link at https://procurement.opengov.com/portal/cityofwestsacramento.

3. Questions: Project-specific questions must be submitted through the City’s ProcureNow link at https://secure.procurenow.com/portal/cityofwestsacramento. If appropriate, the City will post responses to Bidder questions through the ProcureNow system. The cutoff date for submittal of questions is Thursday, April 20, 2023 at 5:00 p.m. local time.

4. Submission of Proposals: Sealed proposals will be received and submitted electronically through the City’s ProcureNow system at
https://procurement.opengov.com/portal/cityofwestsacramento until 2:00 p.m. local time on Thursday, April 27, 2023,, at which time and place results will be posted and available for public review for the:

Each Bid must conform and be responsive to this notice and shall be submitted through the City’s ProcureNow system at
https://procurement.opengov.com/portal/cityofwestsacramento.

5. Bid Security: Each proposal must be accompanied by a Bid Security in the form of a cashier’s check, certified check, or Bid bond executed on the prescribed form, in an amount not less than ten percent (10%) of the total Bid price payable to the City of West Sacramento.
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Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of this Contract to ensure performance.

6. Construction License: Bidder must possess a current Class “A” General Engineering issued by the State of California at the time the bid is submitted.

7. Contractor Registration: All Bidders, and Subcontractors subject to Public Contract Code section 4104, must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid. Furthermore, a Contractor, and all Subcontractors subject to Public Contract Code section 4104, must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

8. Preconstruction Conference: A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates, and signed agreement in proper form as required in the invitation to bid, Bid proposal, and general conditions of these specifications. Prior to any work, the Contractor shall provide the Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.

9. Award: The award shall be made to the lowest responsible Bidder whose proposal complies with the specified requirements. The award of the Contract will be made by the West Sacramento City Council, and the Contractor shall execute the Contract within ten (10) days after it has received the Contract from the City. The City reserves the right to waive any irregularity in the proposals. No Bid may be withdrawn for a period of sixty (60) days after the opening of bids.

10. Rejection of Bids: The City reserves the right to reject any and all bids, or to waive immaterial irregularities in any bid. Any Bid not conforming to the intent and purpose of the Contract Documents may be rejected. The City reserves the right to make all awards in the best interest of the City.

11. Disqualification of Bidder: If there is a reason to believe that collusion exists among any Bidders, none of the bids of the participants in such collusion will be considered and the City may likewise elect to reject all bids received.

12. Relief of Bidder: Attention is directed to the provisions of Public Contracts Code section 5101 and the following, concerning relief of Bidders and in particular to the requirements therein that if the Bidder claims a mistake was made in its bid, the Bidder shall give the City written notice, within five (5) days after the opening of bids of the alleged mistake, specifying in the notice, in detail, how the mistake occurred.

13. Wage Rates: Bidders are hereby notified that the California Department of Industrial Relations has determined the general prevailing rate of wages for each craft, classification, or type of worker needed to execute the work. Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full.

It shall be mandatory for the Contractor and any Subcontractor under it to pay not less than the said specified rates to laborers and workmen employed by them in the execution of the Contract.
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14. Bonds: The successful Bidder will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price.

By:

Inambao Lifanu, Project Manager II
Date:
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PART 2 FEDERAL-AID CONTRACT

REQUIREMENTS
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1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR

26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.

It is the prime contractor’s responsibility to verify that the DBE firm is certified as DBE at date of bid opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here:
https://dot.ca.gov/programs/civil-rights/dbe-search
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.  60 percent counts if the materials or supplies are obtained from a DBE regular dealer.  Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows:
 The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
 The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
 The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs.  The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.
 The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.
 A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.
a. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
b. Contract Assurance
Under 49 CFR 26.13(b):
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The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible. c. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors.
d. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor.

The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.

Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by 25 Attachment 1 Contract
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the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
e. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.

The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements.

3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The Agency determines other documented good cause.

The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur.

The prime contractor’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from the prime contractor to the DBE regarding the request.

3. Notices from the DBEs to the prime contractor regarding the request.

If a listed DBE is terminated or substituted, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal. 26 Attachment 1 Contract
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f. Commitment and Utilization
Note: In the Agency’s reports of DBE participation to Caltrans, the Agency must display both commitments and attainments.

The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.

The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.

The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution.

The Agency shall request the prime contractor to:

1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
 Name and business address of each 1st-tier subcontractor  Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
 Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.

If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.

Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
g. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

2. BID OPENING
The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors. 27 Attachment 1 Contract
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3. BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071.

The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

4. CONTRACT AWARD
If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.

5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).

6. CHANGED CONDITIONS
a. Differing Site Conditions

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) b. Suspensions of Work Ordered by the Engineer

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
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c. Significant Changes in the Character of Work

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
 When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
 When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.

This work shall be diligently prosecuted to completion before the expiration of Two Hundred Fifty (250) WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

The Contractor shall pay to the City/County the sum of $6,800 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

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

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

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

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

Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States.

Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section 29 Attachment 1 Contract
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(Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.

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

1. Non-ferrous metals

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

3. Glass (including optic glass)

4. Lumber

5. Drywall
Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified. Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.

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

Buy America requirements do not apply to the following:

1. Tools and construction equipment used in performing the work

2. Temporary work that is not incorporated into the finished project Waivers
If Buy America waivers are granted, use the following language to include in the contract:

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

1. _______________________________

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

10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.

2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
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11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A -EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN

DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) 31 Attachment 1 Contract
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32 Federal-Aid Contract
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33 Federal-Aid Contract
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35 Federal-Aid Contract
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36 Federal-Aid Contract
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37 Federal-Aid Contract
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12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

Economic
Area
Goal
(Percent)
174
Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 San Francisco-Oakland-San Jose, CA:

SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
176 CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito

28.9 25.6

19.6 14.9

9.1 17.1

23.2 177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA 24.3
CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19.1
CA Kern
2840 Fresno, CA 26.1
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CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

23.6 Los Angeles, CA:

SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo

11.9 28.3

21.5 19.0

19.7 24.6
San Diego, CA:

SMSA Counties
181 7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial

16.9 18.2
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

13. TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, 46 Federal-Aid Contract
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CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6)in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR agrees1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-oflading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor billsof-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is five (5).

This section applies if a number of trainees or apprentices is specified in the special provisions.

As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.

The prime contractor has primary responsibility for meeting this training requirement.

If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
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Before starting work, the prime contractor shall submit to the City/County of West Sacramento:

1. Number of apprentices or trainees to be trained for each classification

2. Training program to be used

3. Training starting date for each classification
The prime contractor shall obtain the City/County of West Sacramento approval for this submitted information before the prime contractor starts work. The City/County of West Sacramento credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeyman status. The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.

The prime contractor shall not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.

In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of West Sacramento and FHWA approves a program if one of the following is met:

1. It is calculated to:
 Meet the your equal employment opportunity responsibilities  Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.

The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarialtype positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City/County of West Sacramento reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a. Contribute to the cost of the training
b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period

3. If the prime contractor complies with this section.
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Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training
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PART 3 BID DOCUMENTS
50 Bid Documents
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THIS PAGE IS INTENTIONALLY LEFT BLANK
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INSTRUCTIONS TO BIDDERS

1. Introduction
Each Bid shall be in accordance with the Contract Documents.

2. Plans
Additional copies of full scale plans may be obtained as specified in the Invitation to Bid.

3. Local Conditions
(a) The quantities of work or material stated in the unit price items of the Bidding Schedule are given only as a basis for the comparison of Bids, and the City does not represent or warrant that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the quantity of any unit price item of the work as may be deemed necessary or expedient by the Engineer.
(b) The Bidder shall examine carefully the site of the work contemplated and the Contract Documents. The submission of a proposal shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the Contract Documents.
(c) Where the Engineer has made investigations of surface and subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, such investigations were made only for the purpose of study and design. Where such investigations have been made, bidders or Contractor may, upon written request, inspect the records of the Engineer as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the Engineer.
(d) The records of such investigations are not a part of the Contract and are made available for inspection solely for the convenience of the Bidder or Contractor. It is expressly understood and agreed by Bidder or Contractor that neither the City nor the Engineer assumes any responsibility whatsoever with respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretation set forth therein or made by the Engineer in his use thereof and there is no representation, warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records thereof are correct or representative of those existing throughout such areas or any part thereof, or that unanticipated developments may not occur or that materials other than, or in proportions different from, those indicated may not be encountered.
(e) The availability or use of information described in this section or the special conditions is not to be construed in any way as a waiver of the provisions of this section and a Bidder or Contractor is cautioned to make such an investigation and examination as it deems necessary to satisfy itself as to conditions to be encountered in the performance of the work and, with respect to possible local material sources, the quality and quantity of material available from such property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the Specifications.
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(f) No information derived from such inspection of records of investigations or compilations thereof made by the Engineer or the Engineer’s assistants, will in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract. (g) Information derived from inspection of topographic maps, or from Plans showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract.
(h) Each Bidder shall inform itself of, and the Bidder awarded a Contract shall comply with, federal, state and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning employment of labor, protection of public and employee safety and health, protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects.

4. Form of Bid and Signature
(a) Bids shall be submitted only on the forms attached hereto and shall be enclosed in a sealed envelope and marked and addressed as hereinafter directed. The Bidder shall state in figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies or machinery, and perform the work required by the Specifications.

Bid prices will be deemed to include all applicable fees and taxes including sales tax. If the Bid is made by an individual, it shall be signed by the individual and the individual’s full name and address shall be given; if it is made by a partnership, it shall be signed with the co-partnership name by a member of the partnership, who shall also sign the member’s own name, and the name and address of each member of such partnership shall be given; and, if it is made by a corporation, the name of the corporation shall be given and it shall be signed by its duly authorized officer or officers attested by the corporate seal, the name and titles of all officers of the corporation shall be given, and the address of the corporation and the state in which incorporated shall be stated.
(b) Bids will be considered only from persons or entities licensed as required under applicable provisions of the Contractor’s License Law (Cal. Bus. and Prof. Code section 7000, et seq.) and rules and regulations adopted pursuant thereto; and each Bidder shall insert its type of Contractor ‘s license, license number, and other requested information in the place provided in the bid. No oral, telephonic or facsimile Bid or modification of a Bid will be considered. (c) Effective March 1, 2014, all bidders must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid.

Furthermore, effective April 1, 2015, a Contractor must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

5. Submittal of Bids
(a) All Bids must be submitted not later than the time prescribed, at the place and in the manner set forth in the Invitation to Bid. Bids must be submitted electronically through the City’s ProcureNow system at https://secure.procurenow.com/portal/cityofwestsacramento. The Bidder is wholly responsible to see that its Bid is submitted at the time and place named for the opening of bids.
(b) Bids shall include all Addenda or clarifications issued during the bidding period acknowledged by the bidder’s signature thereon. Failure to so include or acknowledge an addendum or clarification may result in the Bid being rejected as not responsive. 53 Bid Documents
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(c) Bids shall be opened at the time and place specified in the Invitation to Bid, unless changed by addendum.
(d) Bid documents to be submitted shall include the following:
(1) Completed Bid Schedule
(2) Proposal Signature Sheet
(3) Bid Security (if a Bid bond, to be accompanied by power of attorney, both executed and notarized)
(4) Non-Collusion Declaration
(5) Experience & Qualification Form
(6) Completed Subcontractor List
(7) Bidder’s Checklist
(8) If a Federal-Aid project, all required DBE documentation and anti-lobbying documentation.

6. Preparation of Bid
Blank spaces in the Bid shall be properly completed. The phraseology of the Bid must not be changed and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations or provisions attached to a Bid will render it informal and may cause its rejection. If erasures, interlineations or other changes appear on the form, each erasure, interlineation or change must be initialed by the person signing the Bid. Alternative bids will not be considered unless specifically provided for in the Bidding Schedule. No Bid received after the time fixed, or received at any place other than the place stated in the Invitation to Bid will be considered. All bids will be opened and read publicly. Bidders, their representatives and other interested parties are invited to be present at the opening. Where bonds are required, the Bidder shall name in its Bid the surety or sureties who have agreed to furnish said bonds.

7. Bid Security
(a) All Bids shall be accompanied by a Bid Security. Such Bid Security shall include cash, cashier’s or certified check made payable to the City or a Bid Bond executed by an admitted surety insurer. The Bid Security must be enclosed in the same envelope with the Bid. The amount of the Bid Security shall be not less than ten percent (10%) of the total amount of the Bid. (b) The Attorney-in-Fact (resident agent) who executes the Bid Bond on behalf of the surety company must attach a copy of its Power of Attorney as evidence of its authority. A notary shall acknowledge the power as of the date of execution of the surety bond which it covers. (c) Bid Bonds must be provided on the Bid Bond form furnished by the City. The Bid Bond must be furnished by a company, acceptable to the City, that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer” and that maintains at least one office in California for conducting business.
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8. List of Subcontractors
(a) Each Bidder shall set forth in its Bid on the form provided the following information in accordance with the provisions of Public Contract Code sections 4100-4113:
(1) The name, Contractor ‘s license number, public works Contractor registration number and the location of the place of business of each Subcontractor who will perform work or labor or render service to the prime 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 prime Contractor, specifically fabricates and installs a portion of the work or improvement according to the Contract Documents, in any amount in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid, or ten thousand dollars ($10,000.00), whichever is greater.
(2) The portion of the work which will be done by each such Subcontractor. Only one Subcontractor shall be listed for each such portion of the work as defined in the Bid. (3) The Bidder is considered the Prime Contractor and shall perform at least fifty-one percent (51%) of the work, as determined by a percentage of the value of the work. (b) If the Bidder fails to specify a Subcontractor for any portion of the work to be performed under the Contract, the Bidder agrees to perform that portion of the work itself.

9. Interpretation of Contract Documents
Any explanation desired by the bidders regarding the meaning or interpretation of any of the Contract Documents must be submitted in writing at least five (5) calendar days prior to the Bid opening. Requests for clarification received after the above noted deadline may be answered at the discretion of the Engineer or Project Manager. Any such explanations or interpretations will be made in the form of Addenda to the documents and will be furnished to all bidders who shall submit all Addenda with their Bids. Neither the Engineer nor any representative of the City is authorized to give oral explanations or interpretations of Contract Documents, and a submission of a Bid constitutes agreement by the Bidder that it has placed no reliance on any such oral explanation or interpretation.

However, the Engineer may, upon inquiry by bidder, orally direct the bidder’s attention to specific provisions of the Contract Documents which cover the subject of the inquiry.

Requests for Clarifications during the Bid period shall submitted electronically through the City’s ProcureNow system at https://secure.procurenow.com/portal/cityofwestsacramento

10. Modification of Bids
A Bidder may modify its Bid by written communication provided such communication is received by the City prior to the closing time for receipt of Bids. The written communication should not reveal the Bid price but should state the addition or subtraction or other modification so that the final prices or terms will not be known by the City until the sealed Bid is opened.

11. Withdrawals of Bids
Bids may be withdrawn without prejudice by written or facsimile requests received from Bidder prior to the time for opening of Bids, and Bids so withdrawn will be returned to bidders unopened when reached in the process of opening Bids. No Bid may be withdrawn after the hour affixed for opening Bids without rendering the accompanying Bid Security subject to retention as liquidated damages in like manner as in the case of failure to execute the Contract after award, as in the Contract 55 Bid Documents
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Documents herein provided. Negligence on the part of the Bidder preparing its Bid shall not constitute a right to withdraw the Bid subsequent to the opening of Proposals.

12. Discrepancies
In the case of discrepancy between unit prices and totals, unit prices will prevail and the City will recalculate the Bid total based on the unit prices and estimated quantities. In case of discrepancy between words and figures, words will prevail.

13. Servicing and Maintenance
Each Bidder must, if requested, furnish evidence that there is an efficient service organization which regularly carries a stock of repair parts for the proposed equipment to be furnished and installed in the work and that the organization is conveniently located for prompt service.

14. Disqualification of Bidders
(a) More than one Bid from an individual, firm, partnership or corporation under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership or corporation is interested in more than one Bid for the work contemplated may cause the rejection of all Bids in which the individual, firm, partnership or corporation is interested. If there is reason for believing that collusion exists among the bidders, any or all Bids may be rejected. Bids in which the price is obviously unbalanced may be rejected. (b) All bidders are put on notice that any collusive agreement fixing the prices to be Bid so as to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the Public Contract Code and may render void any Contract let under such circumstances.

15. Opening & Award of Contract
Bids will be opened publicly and read aloud at the time and date established in the invitation to Bidders. Bid Summaries may be made available to Bidders after the Bid Date. (a) The City reserves the right to accept or reject any and all Bids for a period of sixty (60) days after the date of opening, and to waive any informality or irregularity in any Bid. No Bid can be withdrawn during that period, except pursuant to Public Contract Code section 5102, et seq. (b) The City reserves the right to reject any or all Bids, including, without limitation, the right to reject any non-conforming, non-responsive, unbalanced, or conditional bids. (c) Before a Bid is considered for award, the City may, in addition to the Experience & Qualifications form included in the Bid documents, require a Bidder to submit a statement of facts and detail as to its business, technical organization and financial resources and equipment available and to be used in performing the work. Additionally, the City may require evidence that the Bidder has performed other work of comparable magnitude and type. The City expressly reserves the right to reject any Bid if it determines that the business and technical organization, equipment, financial and other resources or other experience of the Bidder (including the bidder’s Subcontractors) is not sufficiently qualified for the work Bid upon and, therefore, justifies such rejection.
(d) The award of the Contract, if it is awarded, will be to the lowest responsive responsible Bidder whose Bid complies with the requirements set forth herein. 56 Bid Documents
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(e) The issuance by the City of a notice to the successful Bidder of the award of the Contract (“Notice of Award”) shall be deemed the Award of Contract.

16. Bid Protests
The lack of a prompt procedure to resolve disputes regarding the bidding process would impair the City’s ability to carry out its purpose of constructing this project in a timely manner. Therefore, to the maximum extent authorized by law and notwithstanding any other procedures specified in documents referenced herein, all disputes and/or protests regarding the bidding process shall be subject to the following procedure. In submitting a Bid to the City for this project, the Bidder agrees to comply with and to be bound by this procedure.

Any Bid protest must be submitted in writing to the Director of Capital Projects Department of the City of West Sacramento before 5:00 p.m. on the fifth (5th) working day following Bid opening. (a) The initial protest document must contain a complete statement of the basis for the protest, and all supporting documentation.
(b) The party filing the protest must have actually submitted a Bid for the Work. A Subcontractor of a party submitting a Bid for the Work may not submit a Bid protest. A party may not rely on the Bid protest submitted by another Bidder, but must timely pursue its own protest. (c) The protest must refer to the specific portion of the Contract Documents which forms the basis for the protest.
(d) The protest must include the name, address and telephone number of the person representing the protesting party.
(e) The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
(f) The City will give the protested Bidder five (5) working days after the receipt of the protest to submit a written response. The responding Bidder shall transmit the response to the protesting Bidder concurrent with delivery to the City.
(g) The procedure and time limits set forth in this paragraph are mandatory and are the Bidder’s sole and exclusive remedy in the event of Bid protest. The Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.
(h) If the City determines that a protest is frivolous, the protesting Bidder may be determined to be non-responsible and that Bidder may be determined to be ineligible for future contract awards. 57 Bid Documents
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17. Contract Bonds
(a) The successful Bidder shall furnish both a Performance Bond and a Payment Bond in the amount of one hundred percent (100%) of its Total Bid Price. (b) These Bonds shall be furnished in the forms enclosed following the Contract and shall be satisfactory to the City and shall be obtained from a responsible corporate surety (or sureties) acceptable to the City, which is admitted by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety (or sureties) shall furnish reports as to its financial condition from time to time as requested by the City. The premiums for said Bonds shall be paid by the successful bidder.
(c) These Bonds shall be furnished by companies who are authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.” The surety shall provide the City with the documentation required by Section 995.660 of the California Code of Civil Procedure. (d) If any surety becomes unacceptable to the City or fails to furnish reports as to its financial condition as requested by the City, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the City and of persons supplying labor or materials in the prosecution of the work contemplated by this Contract. (e) In the event of any conflict between the terms of the Contract and the terms of the Bonds, the terms of the Contract shall control and the Bonds shall be deemed to be amended thereby.

Without limiting the foregoing, the City shall be entitled to exercise all rights granted to it by the Contract in the event of default, without control thereof by the surety, provided that the City gives the surety notice of such default at the time or before the exercise of any such right by the City, and, regardless of the terms of said Bonds, the exercise of any such right by the City shall in no manner affect the liability of the surety under said Bonds.

18. Substitution of Securities for Monies Withheld
Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of the Contract to insure performance.

19. Execution of Contract
The successful Bidder will be notified in writing by the City of the award of the Contract within sixty (60) days after opening of Bids. Accompanying the City’s Notice of Award will be the Contract, in triplicate, which the successful Bidder will be required to execute and return, together with the Performance Bond and Payment Bond, and the required certificates and policies of insurance together with the required endorsements thereto for the Contractor and the workers compensation certificate to the City within ten (10) days following receipt of such Notice of Award. Failure to do so shall be just cause for annulment of the award and for forfeiture of the Bid Security which shall be retained as liquidated damages, and it is agreed that the bond sum is a fair estimate of the amount of damages that the City will sustain by reason of such failure. The City will promptly determine whether such Contract, Bonds and insurance are as required by the Contract Documents, and upon such determination will forward a fully executed copy of the Contract and a Notice to Proceed with the work to the successful bidder. Signature by both parties constitutes execution of the Contract. In the event of failure of the lowest responsible Bidder to sign and return the Contract with acceptable Bonds and insurance as prescribed herein, the City may award the Contract to the next lowest responsible bidder, and, in the event that Bidder fails to sign and return the Contract with acceptable 58 Bid Documents
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Bonds and insurance, the City may award the Contract to the then next lowest responsible bidder, etc.

20. Return of Bid Securities
All Bid Securities will be held until the Contract has been finally executed, after which all Bid Securities, other than any Securities which have been forfeited, will be returned to the respective bidders.

21. Power of Attorney
The Attorney-in-Fact (resident agent) who executes the Performance Bond and Payment Bond on behalf of the surety company must attach a copy of its Power of Attorney as evidence of its authority.

A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers.

22. Time of Completion
The time of completion of the work to be performed under this Contract is the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions of the General Conditions. The time allowed for the completion of the work is stated in the Contract.

23. Licensing and Registration Requirements for Contractors All bidders, including general contractors and specialty contractors, shall hold such licenses as may be required by the laws of the State of California for the performance of the work specified in the Contract Documents.

All bidders, and Subcontractors subject to Public Contract Code section 4104, must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid. Furthermore, a Contractor, and all Subcontractors subject to Public Contract Code section 4104, must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

24. Escrow of Bid Documents
Upon award of the job to the successful bidder, and at the time of execution of this Contract, Contractor shall present all documentation used by the successful Bidder in arriving at the Bid upon which the Contract was awarded (“Bid Documentation”) to the Engineer’s office. Such documentation shall be presented in a sealed envelope or box. Notice to Proceed will not be granted until City receives notice that such documentation has been received. This Bid Documentation shall include, but not be limited to any documents, pictures, or writings which relate to, arise out of, or constitute in any way notes, memoranda, phone logs, Subcontractor and materialmen estimates, computations, or the like used by, complied by, or drafted by the successful Bidder or its agents in arriving at its Bid for the Project. The City Engineer and Project Manager may consult the Bid Documents as needed during the course of the Project and in connection with the resolution of all such disputes. After Project Completion and payment and the resolution of such disputes, the Bid Documents will be returned to the Contractor.

Escrow documents are expected to include cost breakdown of each component of complete assembly. Payment and compensation will be based on field reports of each item replaced and match values from escrow documents. Miscellaneous parts not listed in bid schedule or technical specifications and are necessary for assembly shall be included in bid price and shall be considered incidental to work.
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25. Prevailing Wages
Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full. Copies of the prevailing rate of per diem wages may also be obtained from the Department of Industrial Relations, P.O. Box 420603, San Francisco, CA 94142-0603, Attn: Chief, Division of Labor Statistics and Research or online at:
http://www.dir.ca.gov/oprl/dprewagedetermination.htm.

26. Preconstruction Conference
A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the invitation to bid, Bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.

27. Defined Terms
The defined terms in the Construction Documents have the same meaning as those set forth in the General Conditions, Article 1.03.

28. Order of Work
The Contractor shall follow the sequence of operations as set forth therein.

Conforming to the requirements of this section is considered as included with various items of work and no additional compensation will be provided for meeting the requirements of this section. 60 Bid Documents
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BIDDER’S CHECKLIST
All items on the Bidder’s Checklist must be initialed, dated and submitted for the Proposal to be considered complete. The City of West Sacramento reserves the right to award a Contract in a manner and on the basis which will best serve the City, taking into consideration the information in the statement of Bidder’s qualifications and past work history with the City.

The Bidder’s attention is especially called to the following forms which must be executed in full as required:

1. a) BID PROPOSAL
To be filled in and signed by the Bidder.

Initial: Date:
b) BID SCHEDULE
The unit prices Bid must be shown in the space provided. The total Bid price must be shown in the space provided.

Initial: Date:

2. BID SECURITY
The Bid bond is to be executed by the Bidder and the surety company unless Bid is accompanied by cash or certified check. The amount of this Bid bond shall be not less than ten percent (10%) of the total amount Bid and may be shown in dollars or on a percentage basis.

Initial: Date:

3. NON-COLLUSION DECLARATION
A Non-Collusion Declaration must be filled out, signed, and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

4. EXPERIENCE QUALIFICATIONS
A statement of the Bidder’s Experience & Qualifications must be filled out, signed, and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

5. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
An Equal Employment Opportunity Certification must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

6. DEBARMENT AND SUSPENSION CERTIFICATION
A Debarment and Suspension Certification must be filled out if exceptions and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:
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7. DISCLOSURE OF LOBBYING ACTIVITIES
A Disclosure of Lobbying Activities must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

8. EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT
Exhibit 15-G Construction Contract DBE Commitment must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

9. EXHIBIT 15-H DBE INFORMATION GOOD FAITH EFFORTS
Exhibit 15-H DBE Information Good Faith Efforts must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

10. EXHIBIT 12-B BIDDER’S LIST OF SUBCONTRACTOR (DBE AND NON-DBE) PART 1&2 Exhibit 12-B Bidder’s List of Subcontractor (DBE and Non-DBE) Part 1 & 2 must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

11. INSURANCE
The insurance requirements, Section 5.24 of the General Conditions, for this project have been read and understood.

Initial: Date:

12. SITE VISIT
The Bidder certifies that it has toured the project site and is familiar with the work involved.

Initial: Date:

13. PERFORMANCE AND PAYMENT BONDS (IN PART 2)
The Bidder understands that a performance bond issued by an approved surety equaling one hundred percent (100%) of the Contract amount will be required. A payment bond equaling one hundred percent (100%) of the Contract amount will also be required.

Initial: Date:

14. WORK SCHEDULE
The City makes no guarantee as to the method of work chosen by the Bidder. It is the Bidder’s responsibility to plan and schedule the work in order to complete the work in the time specified in the Special Provisions.

Initial: Date:

15. ADDENDA
The Bidder acknowledges that it must sign and attach any applicable Addenda to the Bid proposal. 62 Bid Documents
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Initial: Date:

16. CONTRACTOR’S CERTIFICATE REGARDING WORKERS COMPENSATION (IN PART 2) The Bidder acknowledgment that Worker’s Compensation Insurance will be required for this project.

Initial: Date:
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BID PROPOSAL
Proposal to: Director of Capital Projects Department
City of West Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
The undersigned Bidder hereby proposes to furnish and deliver all necessary labor, tools, equipment, and other means of construction to perform the work required for the completion of the project entitled “CORPYARD PROJECT PHASE II O&M TRANSITION” in accordance with the intent of all plans, specifications, and Addenda issued by the City of West Sacramento prior to the opening of the Bid proposals.

Bidder has read the accompanying instructions to Bidders, has carefully examined the location(s) of the proposed work, and has examined all Contract Documents, drawings and Addenda issued by the City and will contract with the City to construct the project, complete and in satisfactory condition.

The Bidder further agrees to complete all work required under the Contract within Two Hundred Fifty (250) days from the date designated in the Notice to Proceed, and to accept in full payment therefore the price indicated on the Bid Schedule.

The Bidder acknowledges that it understands that a waiting period from time of Bid opening until award may be sixty (60) days during which time Bidder may not withdraw its bid. The Bidder further acknowledges that it has adjusted its Bid price to include all possible items which may influence the proposal during the waiting period. Requests for Bid price change due to the delay shall not be agreed to by the City.

Company Name:

Bidder’s Name (Printed):

Bidder’s Title:

Bidder’s Signature:

Date:

Address:

Phone Number:

Contractor’s License Number:

Classification:

Expiration Date:

Public Works Contractor
Registration Number:
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BID SCHEDULE
Bids are to be submitted for the entire work, including the Base Bid and all Added Alternatives. The contract will be awarded on the basis of the lowest, responsive, responsible bid for the sum of the Base bid and Added Alternatives.

The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the City's Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular. In case of discrepancy between words and figures, words will prevail.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City, and that discretion will be exercised in the manner deemed by the City to best protect the public interest in the prompt and economical completion of the work. The decision of the City respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

The following quantities are approximate only and are given for the purpose of comparing proposals. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the Engineer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified.

Payment for items shown on the plans, or which by their nature are necessarily appurtenant to such items, and for which there is no bid item, shall be considered included in the various pay items of work, and no additional compensation shall be allowed therefor.
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BASE BID
ITEM
NO. DESCRIPTION UNIT ESTIMATED

QUANTITY
UNIT
PRICE ($) TOTAL ($)
1 Modulars LS 8
2 Standard aluminum Ramps and
metal stairs per drawings
LS 1
3 Skirting EA 8
4 Required foundation support piers
to be placed on existing asphalt
surface
LS 1
5 Delivery, Installation for modular
buildings, ramps stairs
LS 1
6 2'x2' metal lockers and hardwood
benches, for Modular Building 6
only (see spec Sec 10 50 00)
LS 1
7 Plumbing & Fixtures LS 1
8 Shade Structure (Canopy) LS 1
9 2" Domestic Water HDPE LF 361
10 2" Domestic Water Main
Connection & Gate Valve
EA 1
11 Domestic Water: Water Gate
Valve
EA 5
12 Asphaltic Concrete Trenching SF 1082
13 6" PVC LF 374
14 Cleanout LS 8
15 Connect to Existing Sanitary
Sewer Manhole
LS 1
16 Sanitary Sewer 48" Manhole LS 1
17 Asphaltic Concrete Trenching LS 1122
18 Electricity LS 1
19 Telecommunications LS 1
20 Paving Repair & Patching LS 1
21 Traffic Control, wheel stops, &
Striping
LS 1
22 Signage LS 1
23 Erosion Control LS 1
24 All required permits and fees LS 1
25 Mobilization and Demobilization LS 1
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TOTAL BID ($)
NOTE: "Total Added Alternative 2 Bid" line is provided for convenience purposes only. The actual bid shall be computed as described above.

Notes: LS = Lump Sum LF = Linear Foot EA = Each
SY = Square Yard SF = Square Feet CY = Cubic Yard
(F) = Final Pay Item
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BID ITEM DESCRIPTION - SUMMARY

1. MODULARS
Modular One:

Size, 24x40,’ Standard exterior finishes, standard interior wall and ceiling finishes, lighting, one window, two doors, kitchenette with appliances
Modular Two:

Size, 36x60,’ Standard exterior finishes, standard interior wall and ceiling finishes, lighting, 6 office spaces, 2 unisex restrooms, office countertop at reception area, workstations are by others, 9 windows, 10 doors
Modular Three:

Size, 36 x 60,’ Standard exterior finishes, standard interior wall and ceiling finishes, lighting, 2 office spaces, 2 unisex restrooms, 8 windows, 6 doors, office countertop, furniture by others
Modular Four:

Size, 36 x 60,’ Standard exterior finishes, standard interior wall and ceiling finishes, lighting, 5 offices, 2 unisex restrooms, 8 windows, 9 doors, office countertop, furniture by others Modular Five:

Size, 36 x 60,’ Standard exterior finishes, standard interior wall and ceiling finishes, lighting, 7 offices, 2 unisex restrooms, 8 windows, 11 doors, office countertop, kitchenette Modular Six:

Size, 24 x 40,’ Standard exterior finishes, standard interior wall and ceiling finishes, lighting, lockers with attached benches, no windows, 3 doors, 3 privacy partitions Modular Seven:

Size, 8’ x 20,’ ADA, Standard exterior finishes, standard interior wall and ceiling finishes for restrooms, lighting, 2 unisex shower restrooms with fixtures and accessories, 2 doors, tile wainscot
Modular Eight:

Size, 12 x 60,’ ADA, Standard exterior finishes, standard interior wall and ceiling finishes for restrooms, lighting, 2 restrooms, no windows, 2 doors, toilet partitions/urinals per standard spec or manufacturers design, 10 toilets, 4 lavatories, tile wainscot, ADA lavatory shrouds, hot water heater

2. Standard aluminum Ramps and metal stairs per drawings Contractor to provide all tools, materials, labor and equipment to install ramps and stairs. All ramps must be standard aluminum (equal or equivalent) and be metal stairs per drawing. All standard installation workmanship to meet manufacturer recommendations

3. Skirting for all buildings
Contractor to provide all tools, materials, labor and equipment to install building skirting and shall ensure all modulars are leveled , consistently balanced between skirting and siding for safety and professional standard of workmanship.

4. Required foundation support piers to be placed on existing asphalt surface Contractor to provide all tools, material, labor and equipment to install foundations with accurate calculation, spacing and provide support and load distribution for the modular buildings.
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5. Delivery, Installation for modular buildings, ramps stairs Contractor is responsible for delivery, installation, setup and testing for functionality of all modulars, stairs and ramps per manufacturer recommendations and specifications and plans.

6. 2'x2' metal lockers and hardwood benches, for Modular Building 6 only (see spec Sec 10 50 00)
Contractor to provide all tools, material, labor and equipment to purchase and install lockers and benches per Specifications Sec 10 50 00

7. Plumbing and Fixtures
Contractor to provide all material, equipment, and labor to install and complete required l plumbing and fixtures per drawings and specifications.

8. Shade Structure
Contractor to provide all necessary tools, materials, labor and equipment for the installation of shade structure (canopy). See specifications, drawings and attachments for product information, requirements and installation process

9. Domestic Water
Contractor to provide all necessary tools, materials, labor and equipment for the installation of domestic water plumbing systems as per plans and specifications. This includes trenching and installation of high-density polyethylene (HDPE) pipes, connections to the domestic water main, and installation of valves and appurtenances for water lines not located within the building footprint. The water line must be installed at the proper depth, slope, and alignment and must be pressure-tested before being put into service. Contractor shall restore any disturbed pavement to its original condition, including compaction and backfilling of the trench. All required inspections and approvals as per West Sacramento regulations should be scheduled and coordinated with the appropriate authorities.

10.Sanitary Sewer
Contractor to provide all necessary tools, materials, labor, and equipment for the installation of sanitary sewer lines as per plans and specifications. This includes trenching and installation of PVC pipes, connections to the existing onsite sewer manhole, and installation of cleanouts and appurtenances for sewer lines not located within the building footprint. The sewer line must be installed at the proper depth, slope, and alignment. All work should be performed in accordance with industry standards and codes, and any required inspections and approvals as per West Sacramento regulations should be scheduled and coordinated with the appropriate authorities.

11.Electricity
Contractor to provide all tools, materials, labor and equipment to install the electrical work described in the drawings and specifications. No temporary pole will be necessary unless critical for operations. This should be communicated to the project engineer for 72 Bid Documents
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clarifications. Electrical drawings specify power distribution to each modular building electrical panel. Electrical drawings do not include scope of work within the modular buildings.
 Temporary power pole:

Electrical drawings indicate direct connections to existing electrical main switchboard and existing telecommunications box on site, with underground conduits in trench to the new modular site location. No temporary pole will be necessary unless critical for operations. Coordinate with on-site facilities for existing electrical power available for temporary power at project site during construction. This should be communicated to the project engineer for clarifications if needed.

12.Telecommunication
Contractor to provide all material, equipment, and labor to install the telecommunication/data to all modular buildings for security access control, and camera equipment. Data to center of MOD 2 for printer/scanner/fax/copier etc. for MOD 2. See drawings and specifications for any additional guidance

13.Paving repair and patching
Contractor to provide all necessary materials, equipment and labor for the repair and patching of paving surfaces as per plans and specifications. This includes saw cutting and removal of existing pavement, excavation of the subgrade as necessary, and installation of new base material and asphalt patching. All work should be performed in accordance with industry standards and any applicable codes and regulations. The final surface of the patched area should be level with the surrounding pavement and properly compacted. The contractor shall be responsible for traffic control during the patching process to ensure the safety of workers and the public. Any required inspections and approvals should be obtained from the appropriate authorities prior to opening the patched area to traffic

14.Traffic Control, & Striping
Contractor shall provide all necessary materials, equipment, and labor for the traffic control, striping and installation of wheel stops in the designated areas as per plans and specifications. This task will include some concrete work. Striping shall include all pavement markings required, including crosswalks, and other markings as specified on the plans. All work shall be performed in accordance with industry standards and applicable regulations.

15.Signage:

Contractor shall provide all necessary materials, equipment, and labor to complete signage.

Signage to include the two(2) main entrances to the facility, each modular building for identification and security, ADA, parking, and restrooms.

Contractor to provide tools and material to provide and install required signage per plans and(or) including;

SIGNAGE

1. "CITY OF WEST SACRAMENTO CCORPYARD, 4300 WEST CAPITOL AVE, WEST SACRAMENTO CA 95691"

2. "CITY OF WEST SACRAMENTO CCORPYARD, 4300 WEST CAPITOL AVE, WEST SACRAMENTO CA 95691"
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3. "PARKS OPERATION"

4. "RESTROOMS" for security assessments

5. "FLEET & FACILITIES "

6. "PUBLIC WORKS ADMINISTRATION"

7. "ADA PARKING" X5

16.Erosion control
Contractor to provide all necessary materials, tools, and equipment for erosion control as per plans and specifications. This includes installation of fiber rolls, and sediment basins, as well as any other required measures to prevent soil erosion and sediment runoff. The contractor shall be responsible for monitoring and maintaining the erosion control measures throughout the project duration, and for restoring any damaged or ineffective measures promptly. All work should be performed in accordance with industry best practices and applicable regulations, including but not limited to those set forth by the California Department of Transportation (Caltrans) and the City of West Sacramento.

17.All required permits and fees
All required permits and fees are the responsibility of the contractor. This includes but is not limited to City encroachment permits, building permit, fire permits, utility permits. When applying for building permit, the contractor will be required to provide among other things:
o Structural calculations for modular structures and shade structure o Utility plans
o Proof of fire permit or exemptions
o Path of travel

18.Mobilization and Demobilization
The contractor is to include the cost of setup, storage and providing safety for contractors equipment including all cleanup after work is complete and miscellaneous costs of operations consistent with the project.
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BID SECURITY
THAT WE, THE UNDERSIGNED, ________________________________, as principal; and ________________________, as Surety, are hereby held and bound unto the CITY OF WEST SACRAMENTO, hereinafter “City”, in the sum of ___________________________ dollars ($__________), which sum is equal to at least ten percent (10%) of the total amount of the Bid for the work, payment of which sum, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to the City a certain Bid, attached hereto and made a part hereof, to enter into a Contract, in writing, for the construction of: Corpyard Project Phase II O&M Transition

NOW, THEREFORE,
a) If the Bid is rejected, or in the alternative,
b) If the Bid is accepted and the Principal shall sign and deliver a Contract, in the form of a Contract attached hereto (all completed in accordance with said Bid and Contract), and shall in all other respects perform the agreement created by the Acceptance of said Bid; Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal hereunder shall be the amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City may accept such bid, and said Surety does hereby waive notice of any such extension.

IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals this _____ day of ___________________, 20___, the name and corporate seal of each corporate party being hereto affixed and those present duly signed by its undersigned representative, pursuant to authority of its governing body.

IN PRESENCE OF:

Affix
(Individual Principal)
(Address) (Business Address)
(Individual Principal)
(Address) (Business Address)
(Corporate Principal)
(Business Address)
Affix
(Corporate Seal)
ATTEST:
(Corporate Surety)
(Business Surety)
Affix
(Corporate Seal)
The rate of premium on this bond is _____________________ per thousand. Total amount of premium charged $ _________________________.
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NON-COLLUSION DECLARATION

STATE OF CALIFORNIA )
)

COUNTY OF YOLO )
The undersigned declares:

I am the ____________ of ________________, the party making the foregoing bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that it has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ________________[date], at______________________[city], _______________________[state].

Bidder’s Name (Printed):

Bidder’s Signature:
(Same Signature as on Proposal)
Bidder’s Title:
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EXPERIENCE & QUALIFICATIONS
The Bidder has been engaged in the contracting business under the present business name for _______ years. Experience in work of a nature similar to that covered in the proposal extends over a period of _______ years.

The Bidder, as a Contractor, has never failed to satisfactorily complete a Contract awarded to it, except as follows:

The following contracts have been satisfactorily completed in the last three (3) years for the persons, firm or authority indicated, and to whom reference is made:

Year Type of Work Contract Amount
Owner/Agency for Whom
Work was Performed
____ ______________________ _________________ ______________________ ____ ______________________ _________________ ______________________ ____ ______________________ _________________ ______________________ The following is a list of plant and equipment owned by the Bidder, which is available for use on the proposed work as required.

Quantity Name, Type and Capacity Condition Location
_______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ _______ ___________________________ ___________ __________________ Bidder’s Name (Printed):

Bidder’s Signature:
(Same Signature as on Proposal)
Bidder’s Title:

Date:
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EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally, only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes:Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 85 Bid Documents
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NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 87 Bid Documents
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88 DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal
Action:

2. Status of Federal
Action:

3. Report Type:
a. contract
a. contract
a. bid/offer/application
a. bid/offer/application
a. initial
b. grant b. initial award a. initial b. material change c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ___ quarter________
f. loan insurance date of last report ________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier ______, if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable_________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
+
(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ ____________ actual planned a. retainer
b. one-time fee

12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature ___________ e deferred
value ____________ f. other, specify ______________________

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of
lobbying reliance was placed by the tier above when
his transaction was made or entered into. This
disclosure is required pursuant to 31 U.S.C. 1352.

This information will be reported to Congress
semiannually and will be available for public
inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.

Signature: ___________________________________
Print Name: __________________________________
Title: ________________________________________
Telephone No.: _________________Date: _________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
89 1751480.1 7203-001
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Corpyard Project Phase II O&M Transition Page | 3-41

INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352.

The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known.

Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.

Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a).

Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box. Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of 90 Bid Documents
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information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
91 Exhibit 15-G Construction Contract DBE Commitment

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Bidder's Name: 6. Prime Certified DBE:  7. Bid Amount:

8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:

10. Bid
Item
Number

11. Description of Work, Service, or Materials
Supplied

12. DBE
Certification
Number

13. DBE Contact Information
(Must be certified on the date bids are opened)

14. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award

21. Local Agency Contract Number:
$

22. Federal-Aid Project Number:

23. Bid Opening Date:

15. TOTAL CLAIMED DBE PARTICIPATION
%

24. Contract Award Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.

26. Local Agency Representative's Signature 27. Date 16. Preparer's Signature 17. Date

28. Local Agency Representative's Name 29. Phone 18. Preparer's Name 19. Phone

30. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

3. Include additional copy with award package.

25. Award Amount:
________________________________________________________ 92 1751480.1 7203-001
Bid Documents
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ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT

CONTRACTOR SECTION

1. Local Agency - Enter the name of the local agency that is administering the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location(s) as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Bidder’s Name - Enter the contractor’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.

8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.

11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE.

14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.

17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.

18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.

19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form. 93 Exhibit 15-H: DBE Information -Good Faith Efforts
Federal-aid Project No(s). ______________________________ Bid Opening Date ___________________
The (Agency Name) established a Disadvantaged Business Enterprise (DBE) goal of _____% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) business days from bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publication
s
Dates of
Advertisement
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial
Solicitation
Follow Up Methods and
Dates
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ ___________________________________________________________________ _________________________________________________________________ C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE 94 participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to met or exceed the DBE contract goal.

Items of Work Bidder
Normally
Performs Item
(Y/N)
Breakdown
of Items
Amount
($)
Percentage
Of
Contract
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
___________________________________________________________________ ______ ___________________________________________________________________ ______ ___________________________________________________________________ ______ ___________________________________________________________________ Names, addresses and phone numbers of firms selected for the work above: ______ __________________________________________________________________ _______ __________________________________________________________________ _______ __________________________________________________________________ _______ __________________________________________________________________ _______
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:
_________________________________________________________________ ________ _________________________________________________________________ ________ _________________________________________________________________ ________ _________________________________________________________________ ________
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ ___________________________________________________________________ ______
95 96
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of
Contact
Results
__________________________________________________________________ __________________________________________________________________ H. Any additional data to support a demonstration of good faith efforts:
________________________________________________________________ _______
________________________________________________________________ _______
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98 Exhibit 12-B Bidder’s List of Subcontractor (DBE and Non-DBE) Part 1 As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorRegistration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms. Federal Project Number: ______________________
Contractor
License
Number
Subcontractor Name and
Location
Line Item & Description Subcontract
Amount
Percentage
of Bid Item
Subcontracted DIR Reg
Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
<$1 million
<$5 million
<$10 million
<$15 million
Name:

City, State: