1-1003980 East 12th Street Bikeway Project Bid Book 05-29-2026.pdf

CITY OF OAKLAND, CALIFORNIA

Betsy Lake, City Administrator

PROJECT BID DOCUMENTS

for

PROJECT NO. 1003980

EAST 12th ST BIKEWAY PROJECT Funded by:

Alameda County Transportation Commission (ACTC) and Measure U Funds

The work embraced herein shall be done in accordance with these project specifications and drawings (if any), including, but not limited to, the “Standard Specifications for Public Works Construction 2015 Edition”

(GREENBOOK), the "Standard Details for Public Works Construction 2002 Edition", and the State of California, Department of Transportation, Standard Specifications and Standard Plans, dated 2010, when applicable for certain applicable State Standard drawings that are specified herein. All documents, City of Oakland programs, policies and regulations referenced herein are incorporated as if attached hereto or herein repeated.

Department of Transportation (DOT) Great Streets Division

250 Frank H. Ogawa Plaza, Suite 4314, Oakland, CA 94612

Approved by:

Megan Wier

Assistant Director

Department of Transportation

May 2026

Megan Wier (May 26, 2026 17:31:09 PDT)

CERTIFICATION OF

PROJECT BID DOCUMENTS

For

PROJECT NO. 1003980

EAST 12th ST BIKEWAY PROJECT

Special Provisions prepared by:

Ryan Dole, P.E. Date

Senior Transportation Engineer

Kimley-Horn Associates

Bid Documents prepared by:

Chase Fowler, P.E. Date

Civil Engineer

Approved by:

Suty Komsonkeo, P.E. Date

Supervising Civil Engineer

5/21/2026

Chase Fowler (May 21, 2026 08:50:09 PDT) Chase Fowler May 21, 2026

Suty Komsonkeo (May 26, 2026 08:53:56 PDT) May 26, 2026

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TABLE OF CONTENTS

SECTION

1 Project Information

1.1 NOTICE TO BIDDERS

1.2 PROJECT SCOPE OF WORK

1.3 PROJECT TIMELINE

1.4 PROJECT LOCATION MAP

1.5 REGULATORY REQUIREMENTS (PERMITS, UTILITIES, ETC.)

2 Mandatory Policies and Programs

3 Bidding Information

3.1 BID INSTRUCTIONS

3.2 BID SUBMITTAL REQUIREMENTS

4 Standard Specifications for Public Works Construction AKA “SPECIAL PROVISIONS” – Bound Separately

5 Bid Drawings – Bound Separately

6 Appendices Appendix A: Sample Construction Contract Appendix B: Insurance Requirements

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SECTION 1. Project Information

1.1 NOTICE TO BIDDERS

Project No. 1003980 EAST 12th STREET BIKEWAY PROJECT

Description: The proposed improvements along East 12th Street from 35th Ave to International Blvd. generally include sidewalk, curb & gutter, ADA curb ramps, driveways, median, raised bike lane buffer concrete islands, traffic circles, storm drain systems, chain-link fence on Caltrans bridge rails, speed humps, pavement resurfacing and crack sealing, traffic signal modifications, video detection system, signing and striping, retrofit trash capture screens, and landscaping and other incidental work including survey staking, traffic control, coordination with various public agencies including Caltrans, and various utility companies.

Pre-Bid Meeting: June 16, 2026 at 10:00 AM. (Voluntary but highly recommended for Prime Bidders) https://teams.microsoft.com

Meeting ID: 287 377 347 868 102 Passcode: Z89rg7FK

Site Visit Meeting: None

Questions Due: June 23, 2026 by 2:00 PM by email to CapitalContracts@oaklandca.gov and cc the Project Manager. When sending emails, please use the following naming convention:

“Project Number, Project Title”. It is the Contractor’s responsibility to ensure that the email is received by the Capital Contracts Division.

Addendum: Any addendum that materially changes the bid invitation shall be issued no less than 72 hours before the bid opening, unless the bid opening is extended by said addendum.

Bids Due: July 2, 2026 by 2:00 PM. Bids may either be uploaded into the City’s iSupplier online procurement system or may be mailed, or hand delivered to the City Clerk at 1 Frank H.

Ogawa Plaza, Room 101, Oakland, CA 94612 prior to the bid due date and time.

If bidders choose to mail or hand deliver their bid, it is the bidder’s responsibility to ensure that it is received by the City Clerk prior to the bid due date and time. It is strongly encouraged to allow for several additional days for mail processing. Late submissions may not be accepted and will be returned unopened.

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Bidders must be registered with iSupplier to submit bids online. New users should register days prior to bid deadline to ensure valid access to the system. Bidders may access iSupplier by going to the following web address, https://www.oaklandca.gov/services/register-with-isupplier

Engineer’s Estimate: $4,038,421

Basis of Award: Lowest Base Bid

License Required: Class A

Contract Days: 150 working days

Liquidated Damages: $5,200 per calendar day

Bonds: 10% Bid Security; 100% Payment and Performance Bonds

Oakland-certified Local Business Requirement: 33% minimum: 16.5% LBE and 16.5% SLBE Local and Small Local Business Enterprise (L/SLBE) requirement. See Special Provisions Sections 2-3.2 and the bid table). Firms unable to attend a voluntary pre-bid meeting are encouraged to contact DWES at dwes@oaklandca.gov to review the City’s L/SLBE program.

Local Trucking Requirement: Yes

Self-Performance: 30% minimum, excluding Specialty Items if any per the Bid Schedule. See Special Provisions Section 2-3.2.

Contact Information:

Project Manager: Chase Fowler at cfowler@oaklandca.gov or (510) 238-7106 Department of Workplace and Employment Standards (DWES): dwes@oaklandca.gov Capital Contracts Division: capitalcontracts@oaklandca.gov

Department of Industrial Relations (DIR):

1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.

3. This project is subject to compliance monitoring and enforcement by the DIR.

4. The prime contractor must post job site notices prescribed by regulation.

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5. Assembly Bill 219 requires companies hauling or delivering ready-mix concrete to register with the DIR as a public works contractor.

Bid Documents and AB 2036 Compliance: Bid documents are only available digitally and provided free of charge through the website listed below.

1. iSupplier: https://www.oaklandca.gov/services/active-closed-opportunties

2. City of Oakland’s Bids and Contract Opportunities website:

https://apps.oaklandca.gov/ContractOpportunities/

It is the responsibility of each prospective bidder to download and print all bid documents, including any addenda, and to verify the completeness of their printed bid documents before submitting a bid. The City does not warrant, represent, or guarantee the accuracy or completeness of any bid documents and/or information retrieved from other sources. The City is not responsible for any loss or damage including, but not limited to, time, money, or goodwill arising from errors, inaccuracies or omissions in any bid documents and/or information obtained from other sources. It is each prospective bidder’s responsibility to check these sites through to the close of bids for any applicable addenda or updates.

Asha Reed, City Clerk and Clerk of the City Council Newspaper publication date: May 29, 2026

1.2 PROJECT SCOPE OF WORK

The proposed improvements along East 12th Street from 35th Ave to International Blvd.

generally include sidewalk, curb & gutter, ADA curb ramps, driveways, median, raised bike lane buffer concrete islands, traffic circles, storm drain systems, chain-link fence on Caltrans bridge rails, speed humps, pavement resurfacing and crack sealing, traffic signal modifications, video detection system, signing and striping, retrofit trash capture screens, and landscaping and other incidental work including survey staking, traffic control, coordination with various public agencies including Caltrans, and various utility companies.

1.3 PROJECT TIMELINE

This is an approximate and estimated timeline for information only. The Contractor shall not be entitled for additional compensation if this timeline is not met or if the actual project’s schedule differs from this timeline:

ACTIVITY ESTIMATED DATE

Legal advertisement 5/29/26

Prebid Meeting Date 6/16/26

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Questions Due Date 6/23/26

Bids Due Date 7/2/26

1.4 PROJECT LOCATION MAP

1.5 REGULATORY REQUIREMENTS (PERMITS, UTILITIES, ETC…)

This project requires a CalTrans encroachment permit and a BART permit. Please reference specifications section 7-5 for further detail.

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SECTION 2. Mandatory Policies and Programs

Schedules R, O, I, W, and Z shall be submitted with the bid.

All other Schedules referenced below are not required with the Bid. These schedules will only be required of the contractor receiving the award and will be provided during the contract execution phase. These Schedules, policies, programs, and ordinances referenced in this section are available at:

http://www2.oaklandca.gov/Government/o/CityAdministration/d/CP/s/FormsSchedules/index.

htm.

Please carefully review all the terms and conditions described below. The City shall award contracts only to firms that can achieve full compliance.

2.1 Prevailing Wage

This project is subject to California Labor Code Sections 1770-1781, 1813, and 1815, which require the payment of prevailing wages and compliance with other applicable requirements. Prevailing wage information, including wage rates, can be found at the California Department of Industrial Relations website: https://www.dir.ca.gov/public-works/prevailing-wage.html.

As a condition to receiving progress payments, final payment, and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor shall have provided to the City, along with its request for payment, all applicable and necessary certified payrolls and other required documents for the time period covering such payment request. The City shall withhold any portion of a payment, including the entire payment amount, until certified payroll forms and other required compliance monitoring documents are properly submitted. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., or wage violations are identified by the City, the City may continue to hold sufficient funds to cover estimated wages and penalties under the contract.

a. Weekly Certified Payroll: Contractors are required to submit weekly certified payroll documents five days after each pay period to the City and will be monitored/audited for compliance. The City will investigate discrepancies in the audit as well as prevailing wage claims and may request further documentation or proof of compliance. If the City determines that Contractor has failed to pay any of its employees the appropriate prevailing wage rate, findings will be reported to the Department of Labor and/or the difference between the amount paid and the amount owed for prevailing wages from any amount owed contractor will be withheld until such time as the payment dispute is fully and finally resolved.

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b. Electronic Payroll Submittals: The prime contractor and all subcontractors shall submit all certified payrolls via the LCPtracker System. Prime contractors will be assessed a fee for the payroll software as noted in the City’s Master Fee Schedule:

https://cao-94612.s3.us-west-2.amazonaws.com/documents/Fiscal-Year-2024-25- Adopted-MFS.pdf

c. All work is subject to compliance monitoring and enforcement of prevailing wage requirements by the California Department of Industrial Relations (DIR) and the City of Oakland Department of Workplace and Employment Standards (DWES).

d. The prime contractor must post job site notices prescribed by regulation.

2.2 Senate Bill 854

Signed into law on June 20, 2014, SB 854 made several significant changes to laws pertaining to the administration and enforcement of prevailing wage requirements by the State of California Department of Industrial Relations (DIR). Among other things, SB 854 established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. See http://www.dir.ca.gov/public-works/SB854.html for more information about SB 854.

Important Things to Know About SB 854:

a. It is mandatory for all contractors and subcontractors who bid or work on a public works project to register and pay an annual fee to DIR.

b. Only DIR-registered contractors and subcontractors may be listed on a bid proposal for a public works project.

c. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with DIR.

d. No contractor or subcontractor may work on a public works project unless registered with DIR.

e. An awarding body may not accept a bid or enter into a contract for public work with an unregistered contractor.

f. DIR maintains an up-to-date listing of registered contractors.

g. Additional information may be found at the DIR website: http://www.dir.ca.gov/public-works/publicworks.html

There are exceptions to the registration requirement for bidders in circumstances where a CSLB license would not be required at the time of bidding.

Additional exceptions and protections are included in the registration laws to limit bid challenges, allow some violations to be cured through payment of penalty fees, and allow unregistered contractors to be replaced with registered ones.

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h. Further, effective July 1, 2016, Assembly Bill 219 requires companies hauling or delivering ready-mix concrete to register with the DIR as a public works contractor.

2.3 Definitions and Abbreviations

Refer to Special Provisions, Sections 1-2 and 1-3.

2.4 Nondiscrimination/Equal Employment Practices

Contractor shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state, or local laws. During the performance of this contract, the contractor agrees as follows:

a. Contractor and Contractor’s sub-contractors, if any, shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. This nondiscrimination policy shall include, but not be limited to, the following:

employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

b. Contractor and Contractor’s Sub-contractors shall state in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.

c. Contractor shall make its goods, services, and facilities accessible to people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Declaration of Compliance with the Americans with Disabilities Act, attached hereto and incorporated herein.

d. If applicable, Contractor will send to each labor union or representative of workers with whom Contractor has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers’ representative of Contractor’s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. Contractor shall submit information concerning the ownership and workforce composition of Contractor’s firm as well as its sub-Contractors and suppliers, by completing the Ownership, Ethnicity and Gender Questionnaire.

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f. All affirmative action efforts of Contractors are subject to tracking by the City. This information or data shall be used for statistical purposes only. All Contractors are required to provide data regarding the make-up of their sub-Contractors and agents who will perform City contracts, including the race and gender of each employee and/or Contractor and his or her job title or function and the methodology used by Contractor to hire and/or contract with the individual or entity in question.

g. The City will immediately report evidence or instances of apparent discrimination in City or Agency contracts to the appropriate State and Federal agencies, and will take action against Contractors who are found to be engaging in discriminatory acts or practices by an appropriate State or Federal agency or court of law, up to and including termination or debarment.

2.5 Local and Small Local Business Enterprise Program (L/SLBE)

In general, there is a 50% local business participation requirement on all construction contracts at or over $100,000; all professional services contracts at or over $50,000; and all purchases of commodities, goods and associated services at or over $50,000. This participation must be met with a minimum participation of 25% for Local Business Enterprises (LBE)/Local Not for Profit Business Enterprise (L/NFPBE) and 25% for Small Local Business Enterprises (SLBE)/Small Local Not for Profit Business Enterprise (S/LNFPBE). SLBE and SLNFPBE may meet the full 50% requirement. Where Very Small Local Business Enterprises (VSLBE) participation is evident, the level of participation will be double-counted towards meeting the requirement. The participation requirements may be adjusted if there are not at least three L/SLBEs in a major category of work. For this project the bids discounts may be calculated per table per.

The City has determined that the provisions for Mentor-Protégé Preference shall not be applicable to this solicitation.

The City’s current L/SLBE Program guidelines may be accessed at the City of Oakland website: https://www.oaklandca.gov/departments/workplace-employment-standards

Pursuant to Resolution No. 90814 C.M.S., adopted by the Oakland City Council on July 15, 2025, the Local/Small Local Business Enterprise Program (L/SLBE) requirements do not apply to pedestrian right-of-way construction, including construction of curb ramps, sidewalks, curbs and gutters, and other ancillary work necessary for pedestrian right-of-way construction.

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2.6 50% Local Employment Program (LEP): The LEP will apply to this scope of work if it includes the purchase of construction services either by the City as buyer or by a City Financial Assistance Recipient (CFAR); and either the City is the buyer and the dollar amount of the project exceeds $50,000.00 dollars; or the project exceeds 30 days; or new hires are needed to perform the work on the project.

Specifically, for such covered work, the LEP establishes a goal of 50% of the work hours, which must be performed by Oakland residents on a craft-by-craft basis. In addition, a minimum of 50% of all new hires on the project (on a craft-by-craft basis) must be Oakland residents, and the first new hire must be an Oakland resident. The LEP does not apply when the contract or subcontract is performed by an owner/operator; or the project requires less than 140 hours of work; or the project is performed as emergency work; or a job requires no more than two craft-persons to perform the duties of the entire project; or a contractor’s core workforce includes 50% Oakland residents, and no additional employees will be hired.

If applicable, the selected Bidder/Contractor must achieve the goals of the LEP or secure an exemption from the City. The goals must be maintained for the duration of the project and part of all subcontracts, regardless of Tier of phase under the contract.

The City’s current LEP guidelines may be accessed at the City of Oakland website:

https://www.oaklandca.gov/departments/workplace-employment-standards

Pursuant to Resolution No. 90996 C.M.S., adopted by the Oakland City Council on December 16, 2025, the Local Employment Program (LEP) requirements do not apply to pedestrian right-of-way construction, including construction of curb ramps, sidewalks, curbs and gutters, and other ancillary work necessary for pedestrian right-of-way construction.

2.7 15% Apprenticeship Policy: The 15% Apprenticeship Policy will apply to City of Oakland funded construction projects where the total cost of the accepted bid for the project is $15,000 or more. This policy requires at least 15% of the total labor hours be performed by Oakland residents as apprentices, enrolled in a registered apprenticeship program approved or recognized by the State of California Division of Apprenticeship Standards.

The City’s current Apprenticeship Program guidelines may be accessed via the following link:

https://cao-94612.s3.amazonaws.com/documents/OAKLAND-APPRENTICESHIP-WORKFORCE- DEVELOPMENT-PARTNERSHIP-SYSTEM.pdf

Pursuant to Resolution No. 90996 C.M.S., adopted by the Oakland City Council on December 16, 2025, the 15% Apprenticeship Policy does not apply to pedestrian right-of-way construction, including construction of curb ramps, sidewalks, curbs and gutters, and other ancillary work necessary for pedestrian right-of-way construction.

The Oakland apprenticeship requirements and associated reporting and

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Resolution No. 90996 C.M.S. does not impact any applicable state apprenticeship requirements.

2.8 Prompt Payment Ordinance - Oakland Municipal Code, Chapter 2.06.070

This Ordinance requires that the selected Bidder/Contractor shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of submission of invoices, unless specific exemptions apply, or unless the contractor or its subcontractors notify the City’s Prompt Payment Liaison in writing within five (5) business days that there is a bona fide dispute between the contractor or its subcontractor and claimant. In this case the contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount.

Disputed payments are subject to investigation by the Liaison upon the filing of a compliant. The contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If the contractor or its subcontractor fails or refuses to deposit security, the Liaison will withhold an amount sufficient to cover the claim from the next contractor progress payment. Upon a determination that an undisputed invoice or payment is late, the Liaison will release security deposits or withholds directly to claimants for valid claims.

The contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. The contractor and its subcontractors shall be required to pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City's website, the contractor and its subcontractors are required to file notice with the City of the release of retention and payment of mobilization fees within five (5) business days of such payment or release; and, the contractor and its subcontractors are required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City, The affidavit shall provide the names and address of all subcontractors and the amount paid to each.

The contractor and its subcontractors shall include the same or similar provisions as those set forth above in any contract with a subcontractor that delivers goods and/or services in connection with a City of Oakland contract. Invoice and claim inquiries should be directed to dwes@oaklandca.gov.

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2.9 Pending Dispute Disclosure Policy

Contractors are required to disclose pending disputes with the City of Oakland.

Contractor agrees to disclose and has disclosed, any and all pending disputes with the City in writing to the Project Manager. Failure to disclose pending disputes prior to execution of this Agreement or any subsequent amendment shall be a basis for termination of the Agreement.

2.10 Conflict of Interest/Confidentiality/City-Contractor Relationship The contractor shall avoid all conflicts of interest and respect its relationship with the City by maintaining confidentiality of materials deemed confidential by law.

According to the City’s Purchasing Ordinance (OMC Chapter 2.04.050.C), “No person, firm or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services or both.” To clarify, a firm (including, but not limited to licensed contractors and professional service providers) may not submit a proposal as a prime consultant or contractor if they are being listed as a sub-consultant or subcontractor on another proposal or bid for the same solicitation.

Exceptions include:

a. A firm may be listed on more than one proposal or bid if they are proposing under separate legal entities.

b. A firm, if not submitting as a prime consultant or contractor, may be listed as a sub-consultant or subcontractor on more than one proposal or bid.

c. In the case of an RFQ for On-Call Construction Services, a firm may be listed as a prime contractor or subcontractor in more than one submittal provided each submittal is for a different contractor license type (e.g. A, B, C10, C-27, etc..) or service type at the sole discretion of the City.

d. No officer, director, employee, or member of a Mentor-Protégé team, as defined by the L/SLBE Program, shall be allowed to bid or otherwise participate independently on a city contract where the mentor-protégé team is bidding or otherwise participating. Each party is prohibited from submitting multiple bids on a city contracts.

The contractor specifically agrees to the following:

a. The contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work requested by the Notice to Bidders. Without limitation, the contractor represents to and agrees with the City that no conflict of interest is created between performing the work hereunder and any interest Contractor may have with respect to any other person or entity (including but not limited to any federal or state regulatory agency) which has any interest adverse or potentially adverse to the City.

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b. The contractor understands and agrees to successfully perform the work requested by the Notice to Bidders. In addition, every communication between the contractor and the City or its special counsel shall be considered to be a confidential communication between client and lawyer (see California Evidence Code Section 952), and the confidential work product of the City Administrator, City Attorney and the City’s special counsel, respectively, and therefore shall be held in strict confidence. All reports, analysis, maps, diagrams or any documents prepared or assisted in the preparation of or by the contractor, shall be considered to be prepared pursuant to said lawyer-client relationship. All of the above-mentioned documents are also considered the work product of the City Administrator and shall not be communicated to any person except as specifically authorized in writing signed by the City Administrator and City Attorney.

c. The Fair Political Practices Act and/or California Government Code Section 1090, among other statutes and regulations may prohibit the City from contracting with a service provider if the service provider or an employee, officer or director of the service providers’ firm, or any immediate family of the preceding, or any subcontractor or contractor of the service provider, is serving as a public official, elected official, employee, board or commission member of the City who will award or influence the awarding of the contract or otherwise participate in the making of the contract. The making of a contract includes actions that are preliminary or preparatory to the selection of a contractor such as, but not limited to, involvement in the reasoning, planning and/or drafting of solicitations for bids and requests for proposals/qualifications, feasibility studies, master plans or preliminary discussions or negotiations.

d. “Contractor/consultant’s duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.”

2.11 Violation of Federal, State, City Laws, Programs or Policies

The City may, in their sole discretion, consider violations of any programs and policies described or referenced in this document a material breach and may take enforcement action provided under the law, programs, or policies, and/or terminate the contract, 1003980 E 12th St Bikeway Project Page 16 of 54 debar contractors from further contracts with City and/or take any other action or invoke any other remedy available under law or equity.

2.12 Ownership, Ethnicity and Gender Questionnaire – Schedule D The contractor shall submit information concerning the ownership and workforce composition of its firm (This is included in the Combined Schedules).

2.13 Sanctuary City – Schedule I

Neither this Business Entity nor any of its subsidiaries, affiliates or agents are under contract with the United States Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), or the Department of Health and Human Services Office of Refugee Resettlement (HHS/ORR) to provide services or goods for data collection or immigration detention facilities. The term “data collection” includes the collection of information (such as personal information about consumers) for another purpose from that which it is ultimately used, data mining in large databases for trends and information, threat-modeling to identify probable attackers to computer systems, predictive risk analysis to predict future events and similar services. Additionally, this business entity does not anticipate a contract with ICE, CBP, or HHS/ORR for such work for the duration of a contract/contracts with the City of Oakland.

2.14 Independent Contractor Questionnaire - Schedule M, Part A Contractor represents that:

Contractor has the Proposals and skills necessary to perform the services under this contract in a competent and professional manner without the advice or direction of the City; and the services will be performed in accordance with the generally accepted principles and practices applicable to contractor’s trade or profession; and

Contractor and its employees and sub-contractors are properly licensed, registered, and/or certified as may be required under any applicable federal, state and local laws, statutes, ordinances, rules and regulations relating to performance of the services; and all services provided pursuant to this contract shall comply with all applicable laws and regulations; and

Contractor will promptly advise City of any change in the applicable laws, regulations, or other conditions that may affect City’s program.

This means Contractor is able to fulfill the requirements of this contract. Failure to perform all of the services required under this contract will constitute a material breach of the contract and may be cause for termination of the contract. Contractor has complete and sole discretion for the manner in which the work under this contract is performed.

2.15 Living Wage Ordinance – Schedule N

Design-Build, Construction Manager At-Risk, or other contracts for public works of improvement that involve services of licensed professionals, such as, but not limited to, 1003980 E 12th St Bikeway Project Page 17 of 54 architects and engineers, are subject to Oakland’s Living Wage Ordinance, Oakland Municipal Code Chapter 2.28, where such services amount to or exceed $25,000. The ordinance requires that, unless specific exemptions apply or a waiver is granted, all employers contracted to provide services amounting to or exceeding $25,000, shall provide nothing less than a prescribed minimum level of compensation (a living wage), as well as the provision of at least twelve (12) days off per year for sick leave.

If applicable, the selected Bidder/Contractor must agree to comply with the requirements of OMC Chapter 2.28, and agree it has a duty to promptly provide the City with any documents and information requested verifying its compliance, including the completion and submission of a Declaration of Compliance with the Living Wage Ordinance (Schedule N).

2.16 Minimum Wage Ordinance

Oakland employers are subject to Oakland’s Minimum Wage Ordinance (OMC Chapter 5.92) whereby Oakland employees must be paid the City’s current Minimum Wage rate.

Employers must notify employees of the annually adjusted rates by each December 15th and prominently display notices at the job site. The law also requires paid sick leave for employees and payment of service charges collected for their services.

As noted in Section 2.13 above, Oakland’s Living Wage Ordinance applies to services that amount to or exceed $25,000. Oakland employers must pay employees wages and provide benefits consistent with the Minimum Wage Ordinance, Living Wage Ordinance, or State Prevailing Wages (Section 2.1 above), whichever are greater.

2.17 Equal Benefits Ordinance - Schedule N-1

The selected Bidder will be subject to the Equal Benefits Ordinance (OMC Chapter 2.32) and its implementing regulations if it receives $25,000 or more for public works or improvements to be performed or for goods or services to be purchased or grants to be provided at the expense of the city or to be paid out of moneys deposited in the treasury or out of trust moneys under the control of or collected by the city, unless specific exemptions apply or a waiver is granted. The Equal Benefits Ordinance prohibits the City from contracting with entities that discriminate in the provision of employee benefits between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees.

The Ordinance shall only apply to those portions of selected Bidder’s operations that occur (1) within the City of Oakland; (2) on real property outside the City of Oakland if the property is owned by the City or if the City has a right to occupy the property, and if the contract’s presence at that location is connected to a contract with the City; and (3) elsewhere in the United States where work related to a City contract is being performed.

The requirements shall not apply to subcontracts or subgrantees of the selected Bidder.

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If applicable, the selected Bidder/Contractor must agree to comply with the requirements of OMC Chapter 2.32, and agree it has a duty to promptly provide the City with any documents and information requested verifying its compliance, including the completion and submission of Schedule N-1.

2.18 City of Oakland Campaign Contribution Limits – Schedule O The Oakland Campaign Reform Act (“Act”), Oakland Municipal Code Chapter 3.12, prohibits contractors doing business or seeking to do business with the City of Oakland or the Oakland Unified School District from making campaign contributions to Oakland candidates between commencement of negotiations and 180 days after completion or termination of contract negotiations. Contractors seeking to do business with the City of Oakland are required to complete and submit the Campaign Contribution Limits form at the time of submittal of a bid, proposal, qualification, or contract amendment.

Contracts shall not be awarded to any contractors who have not signed this form. Filing a false acknowledgment shall subject the contractor to criminal and civil enforcement provisions contained in the Act. The Oakland Public Ethics Commission is charged with enforcing the provisions of the Act.

2.19 Insurance Requirements - Schedule Q

The Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of the Contractor’s insurance policies if and when requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute grounds for rescission of the contract award.

The Contractor shall name the City of Oakland, its Council members, directors, officers, agents, employees and volunteers as additional insured in its Comprehensive Commercial General Liability and Automobile Liability policies. If Contractor submits the ACORD Insurance Certificate, the additional insured endorsement must be set forth on a CG20 10 11 85 form and/or CA 20 48 - Designated Insured Form (for business auto insurance).

Please Note: A statement of additional insured endorsement on the ACORD insurance certificate is insufficient and will be rejected as proof of the additional insured requirement.

Unless a written waiver is obtained from the City’s Risk Manager, Contractors must provide the insurance as found at https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules (Schedule Q). A copy of the requirements is attached and incorporated herein by reference. Liability insurance shall be provided in accordance with the requirements specified.

When providing the insurance, include the Project Name and Project Number on the ACORD form in the section marked Description of Operations/Locations.

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When providing the insurance, the “Certificate Holder” should be listed as: City of Oakland, Finance Department, 150 Frank H. Ogawa Plaza, Suite 6213, Oakland, CA 94612

2.20 Subcontractor, Supplier, Trucking Listing – Schedule R

Bidders must list ALL applicable subcontractors and suppliers with subcontract dollar values greater than one-half of one percent (0.5%) of the prime contractor’s total bid, or in the case of street, highway, and bridge projects, one-half of one percent (0.5%) of the prime contractor’s total bid or $10,000, whichever is greater. If the NTB requires local trucking, bidders must list ALL trucking regardless of tier and dollar amount.

Failure to list ALL applicable subcontractors, suppliers, and truckers, or to provide ALL applicable information on the Schedule, including dollar amounts, or to submit this mandatory form with the Bid, will deem your Bid nonresponsive. This Schedule will be made a part of the contract. No changes may be made to this Schedule without approval of the City.

L/SLBE Program: This Schedule will be used to calculate compliance with Oakland’s L/SLBE Program.

Bid Alternates: If any are required per the Bid Schedule, bidders must provide the subcontractor and/or supplier costs related to each alternate on a separate Schedule R form. Do not combine the costs for separate alternates on the same Schedule R.

Contractor’s License Number: Bidders must list the Contractor’s State License

Number for each subcontractor. An inadvertent error in listing the California contractor’s license number shall not be grounds for filing a bid protest or considering the bid nonresponsive if the corrected contractor’s license number is submitted to the City Clerk’s office by the prime contractor within 24 hours after the bid opening and provided the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor.

Senate Bill 854 changed the law governing compliance with prevailing wages and implemented a mandatory contractor registration program applicable to ALL contractors and subcontractors. All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to DIR. Only DIR-registered contractors and subcontractors may be listed on a bid proposal for a public works project. Bids that include an unregistered contractor or subcontractor will be deemed nonresponsive. See http://www.dir.ca.gov/public-works/SB854.html for more information about SB 854.

Assembly Bill 219, effective July 1, 2016, requires companies hauling or delivering ready-mix concrete to register with the DIR as a public works subcontractor.

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2.21 Slavery Era Disclosure – Schedule S

Contractor confirms that it has read and understood the Slavery Era Disclosure Ordinance, Oakland Municipal Code Chapter 9.60, which requires contractors providing (1) insurance services or (2) financial services to the city of Oakland (including, but not limited to, any bank in which the city deposits public funds and any investment managers), whether subject to a competitive bid or not, and (3) each textile, tobacco, railroad, shipping, rice and/or sugar company doing business with the city, including but not limited to, such businesses with a city franchise, to disclose information related to the legacy of slavery.

If applicable, Contractor certifies that it has completed a signed Slavery Era Disclosure Affidavit (Schedule S) to secure this Agreement, incorporated herein, and agrees to comply with Oakland Municipal Code Chapter 9.60.

2.22 Border Wall Prohibition – Schedule W

This contract is subject to the Border Wall Ordinance of Oakland Municipal Code, Ordinance 13459 C.M.S. The ordinance mandates and directs the City Administrator, when there is no significant additional cost (to be defined in regulations) or conflict with law, to refrain from entering into new or amended contracts to purchase professional, technical, scientific or financial services, goods, construction labor and materials or other services, or supplies from businesses that enter into contracts to provide such services, goods, materials or supplies to build the U.S. - Mexico border wall.

The City of Oakland shall be prohibited from entering into any contractual agreement for the purchase of services, goods, equipment, cyber network or cloud computing, internet, or cloud-based computer technology or services with any "BORDER WALL ENTITY" individual, firm, or financial institution who provides any services, goods, equipment, or information technology or cloud-based technology or services, to construct any part of the U.S. - Mexico border wall.

Schedule W shall be submitted by the Prime with its bid. All subcontractors shall be required to submit Schedule W during the contract execution process.

2.23 Debarment and Suspension - Schedule Z

Contractor certifies that Contractor is not suspended, debarred, or otherwise excluded from participation in federal assistance programs. Contractor has submitted Schedule Z, Certification of Debarment and Suspension, attached hereto and incorporated by reference herein.

2.24 Arizona and Arizona-Based Businesses

In accordance with City Resolution No. 82727 C.M.S., the contractor agrees that neither it nor any of its subsidiaries, affiliates, or agents that will provide services under this contract is currently headquartered in the State of Arizona and shall not establish an Arizona business headquarters for the duration of this contract or until Arizona rescinds

SB 1070.

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The contractor acknowledges its duty to notify Procurement, Contracts & Purchasing Bureau if it or any of its subsidiaries, affiliates or agents subsequently relocates its headquarters to the State of Arizona. Such relocation shall be a basis for termination of this contract.

2.25 Nuclear Free Zone Disclosure

Contractor confirms that it has read and understood Ordinance No. 11478 C.M.S., titled “An Ordinance Declaring the City of Oakland a Nuclear Free Zone and Regulating Nuclear Weapons Work and City Contracts with and Investment in Nuclear Weapons Makers,” which restricts the City from entering into professional service agreements with nuclear weapons makers unless an exemption applies. Under Ordinance No. 11478 C.M.S., it is the City’s policy to minimize the expenditure of City funds on goods and services produced by nuclear weapons makers and Contractor is urged to comply with this policy in making purchases and subcontracts. Contractor agrees to comply with Ordinance No. 11478 C.M.S. in the provision of services under this Agreement and certifies that it is not a nuclear weapons maker.

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SECTION 3. Bidding Information

3.1 BID INSTRUCTIONS

Please read the instructions carefully. Bidders are required to fully complete all forms listed in Section 3.2 and submit all information requested including, but not limited to, license information, pricing, materials, labor, certifications, and signatures. Omissions and other failures to provide such information, certifications, or signatures may result in a determination of "nonresponsive" with no further consideration of the bid.

3.1.1 Bid Submittal and Bid Opening

All bids shall only be submitted to the City Clerk through iSupplier or by mail in accordance with the Notice To Bidders (NTB). Instructions for uploading bids electronically to iSupplier can be found at:

https://www.oaklandca.gov/documents/isupplier-rfq-user-guide

Bid openings will only be conducted online through the Zoom link provided below.

Join Zoom Meeting https://us02web.zoom.us/j/6795260269?pwd=eUd3RUVKdWxFYnRhK 1E2ZHphOC96dz09&omn=84374790042

Meeting ID: 679 526 0269 Passcode: 627289

One tap mobile +16699006833,,6795260269#,,,,*627289# US (San Jose) +13462487799,,6795260269#,,,,*627289# US (Houston)

Dial by your location

+1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacoma) +1 929 436 2866 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago)

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888 788 0099 US Toll-free 833 548 0276 US Toll-free 833 548 0282 US Toll-free 877 853 5247 US Toll-free

Meeting ID: 679 526 0269 Passcode: 627289

Find your local number: https://us02web.zoom.us/u/kbJyFbTSns

3.1.2 Department of Industrial Relations (DIR):

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section

1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to

Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the DIR.

The prime contractor must post job site notices prescribed by regulation.

Assembly Bill 219 requires companies hauling or delivering ready-mix concrete to register with the DIR as a public works contractor.

3.1.3 Bid Submittal and Bid Opening

All bids shall be submitted to the City Clerk in accordance with the two options specified in the Notice To Bidders (NTB). Bid openings will be conducted online through the Teams link provided below.

3.1.4 Pre-Bid Meeting Information

The NTB and legal advertisement will indicate whether a pre-bid meeting is scheduled, and if it is voluntary or mandatory. If mandatory, Prime Bidders who fail to attend the pre-bid meeting are disqualified from submitting a bid. Topics discussed at the pre-bid meeting may include, but are not limited to, general or technical project information, compliance requirements for programs such as the City’s Local/Small Local Business Enterprise Program, the Local Employment Program, the Oakland Apprenticeship Workforce Development Partnership System, Prompt Payment Ordinance, Equal Benefits Ordinance, Border Wall Prohibition, minimum wage ordinance, living wage ordinance, and prevailing wages. When applicable the Disadvantaged Business Enterprise provisions, or supplemental HUD funding provisions.

3.1.5 Project Bid Documents, Drawings, and Addenda

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Project bid documents, drawings, and addenda are available in digital format only and provided free of charge through the City of Oakland’s iSupplier and the Bids and Contract Opportunities website listed below. Hard copies are NOT available for purchase from the city.

a. iSupplier System (City’s official site):

Registration in iSupplier, the City’s procurement system is required in order to submit a bid online, receive a…