Bid Book - OaklandConnect Project 1007889.pdf

CITY OF OAKLAND, CALIFORNIA

Elizabeth Lake, Interim City Administrator

PROJECT BID DOCUMENTS

For

PROJECT NO. 1007889

OAKLANDCONNECT - LAST MILE CONNECTIVITY

FOR OAKLANDERS

Funded by:

LAST MILE FEDERAL FUNDING ACCOUNT – CALIFORNIA PUBLIC UTILITIES

COMMISSION

UNITED STATES TREASURY

MEASURE U FUNDS – CITY OF OAKLAND

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 2015, 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.

Approved by:

Tony Batalla

Chief Information Officer Information Technology Department

OCTOBER 2026

Tony Batalla (Oct 8, 2026 16:41:23 PDT)

CERTIFICATION OF

PROJECT BID DOCUMENTS

for

PROJECT NO. 1007889

OAKLANDCONNECT LAST-MILE BROADBAND PROJECT

Special Provisions prepared by:

Elbert Chang, P.E. Date Senior Engineer and Project Manager Kimley-Horn

Bid Documents prepared by:

Luisa Calumpong Date Broadband Manager

Approved by:

Tony Batalla Date Chief Information Officer

Tony Batalla (Oct 8, 2026 16:41:23 PDT) Oct 8, 2026

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10/08/2026

October 8th, 2026

Rev082720

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 Local Policies and Programs

3 Federal Requirements

4 Additional Documents

5 Bidding

5.1 GENERAL BID INFORMATION

5.2 BID INSTRUCTIONS AND BID OPENINGS

5.3 BID SUBMITTAL CHECKLIST

6 City of Oakland Standard Specifications for Public Works Construction AKA “SPECIAL PROVISIONS” – Bound Separately

7 Bid Drawings – Bound Separately

8 Appendices APPENDIX A: Sample Construction Contract, including:

Exhibit A – Scope of Work (Contractor’s Bid and Federal Wage Rates)

APPENDIX B: Insurance Requirements

APPENDIX C: Reference Documents:

City of Oakland Staff Agenda Report and Microtrenching Installation Standard 2024

Project No. 1007889 Page 1

SECTION 1. Project Information

1.1 NOTICE TO BIDDERS

Description: OaklandConnect – Fiber Network Construction & Implementation The City of Oakland is implementing the OaklandConnect Middle-Mile and Last-Mile Fiber Network to expand reliable broadband connectivity to City-owned and operated Community Anchor Institutions (CAIs) and affordable multi-dwelling unit (MDU) sites, as well as interconnect to designated Point-of-Presence (PoP) locations and leased fiber connection vaults. The selected contractor shall provide all labor, equipment, materials, permitting support, traffic control, testing, and documentation necessary for the complete installation of the OaklandConnect fiber infrastructure in accordance with City standards and project design documents.

Pre-Bid Meeting: (Voluntary for Prime Bidders) October 20, 2026, at 10:00 AM.

https://teams.microsoft.com Teams Meeting ID: 265 501 470 774 949 Passcode: Mr2Fm33X

Questions Due: October 27, 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 1007889, OaklandConnect” 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: November 12, 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.

Bidders must be registered with iSupplier to submit bids online. New users should register at least three days prior to bid deadline. Bidders may access iSupplier by going to the following web address.

https://www.oaklandca.gov/services/register-with-isupplier

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.

Engineer’s Estimate: $12,726,567 Base Bid mailto:CapitalContracts@oaklandca.gov https://www.oaklandca.gov/services/register-with-isupplier

Project No. 1007889 Page 2

License Required: A or C10. Per 23 CFR 635.110(c), bidders are not restricted to submit a bid prior to possessing a license. However, a contractor license is required prior to the award of the contract.

Contract Days: 330 working days

Liquidated Damages: $9,500 per calendar day

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

Oakland-certified Local Business Requirement: 20% minimum participation: 10% LBE, 10% SLBE (excluding Specialty Items, if any. See Sections II.F, II.S and III.A.6). Firms unable to attend a voluntary pre-bid meeting are encouraged to contact the assigned Contract Compliance Officer to review the City’s Local and Small Local Business Enterprise (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: Luisa Calumpong at lcalumpong@oaklandca.gov or (510) 929-2527 Capital Contracts: capitalcontracts@oaklandca.gov Contract Compliance Officer: DWES@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.

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 websites listed below.

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

2. Bids and Contracts Opportunities: https://apps.oaklandca.gov/ContractOpportunities/

* CIPList.com is no longer accessible to the City for posting/advertising new projects.

mailto:ito@oaklandca.gov https://www.oaklandca.gov/services/active-closed-opportunties https://apps.oaklandca.gov/ContractOpportunities/

Project No. 1007889 Page 3

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: October 9th, 2026

1.2 PROJECT SCOPE OF WORK

Major Work Components

1. Pre-Construction Activities

• Conduct potholing to verify existing utilities prior to trenching and installation.

• Coordinate permitting, environmental compliance, and traffic control plans with the

City.

• Notify of impacted residents and small business in vicinity of construction activities.

• Participate in project kickoff, design review, and construction sequencing meetings.

2. Fiber Infrastructure Installation

• Install new microducts via microtrenching or open trenching along designated routes.

• Upgrade existing pull boxes to No. 48E as required; install new No. 48E and No. 6E pull boxes per design plans.

• Install 288-strand fiber optic trunk cable (microfiber) to create middle-mile backbone connections.

• Install 12-strand fiber optic branch cable (microfiber) for last-mile extensions to

CAIs, MDUs, interconnection points, and PoPs.

• Install fiber optic splice closures across the network as required.

• Install fiber termination panels.

• Coordinate with California Department of Technology (CDT) to access and connect

OaklandConnect fiber infrastructure to the California Middle Mile Broadband Initiative (MMBI) Fiber network

3. Hub and CAI Equipment Installation

• Install and configure City-furnished fiber switches at designated hub and CAI locations

• City facilities (1336 MLK Jr and 150 Frank H. Ogawa Plaza)

• Monkeybrains PoP at 1611 17th St

• Oakland Housing Authority: 7 sites.

• Unity Council: 3 sites.

• Bridge Housing: 1 site

Project No. 1007889 Page 4

4. Fiber Splicing, Termination, Testing, and System Integration

• Perform all fiber splicing and termination.

• Conduct end to end testing and verification of all installed fiber cables, documented per City of Oakland Fiber Optic Standards and OTDR Testing Requirements

• Conduct comprehensive testing to verify end‑to‑end fiber network connectivity across all designated sites and provide confirmation that performance and functionality meet all standards and expectations established by the City.

• Provide comprehensive post‑deployment documentation, including all final configuration files, system diagrams, warranty information, maintenance requirements, and any other materials necessary to support ongoing operation and future reference by the City.

5. Pavement and Surface Restoration

• Contractor shall restore disturbed pavement in accordance with City standards:

o Surface Restoration – Asphalt: HMA, 4 inches deep (by ton) o Surface Restoration – Concrete: PCC, 6 inches deep (by cubic yard)

High-Level Project Timeline

Pre-Construction

• Project kickoff and coordination

• Permitting, utility confirmations, traffic control plans

• Potholing and verification of utility conflicts

• Finalization of construction sequencing

Fiber Infrastructure Construction

• Microtrenching and microduct installation

• Pull box upgrades and new installations

• Trunk and branch fiber installation

• Splice closure installation

• Ongoing inspections, QA/QC, and documentation

System Integration and Equipment Installation

• Fiber splicing and termination

• Installation of termination panels and City-furnished switches

• Hub and CAI/MDU site equipment installation

• Network integration and validation

• Completion of as-built documentation

Final Testing, Acceptance, and Closeout

• End-to-end network testing

• Final delivery of documentation and closeout package

• City acceptance

Project No. 1007889 Page 5

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 October 9, 2026

Bids due November 2, 2026

Project No. 1007889 Page 6

1.4 PROJECT LOCATION MAP

1.5 REGULATORY REQUIREMENTS (PERMITS, UTILITIES, ETC…)

There are no anticipated permits associated with this project beyond the necessary general contracting permits such as excavation, building, electrical permits, and any standard inspections required by local jurisdiction.

Project No. 1007889 Page 7

Section 2. Local Policies and Programs

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

All other Schedules described in this Section below are not required with the bid. They will be provided during the contract execution phase to the contractor receiving the award offer.

Please carefully review all the terms and conditions described below. The City shall only award contracts to firms that can achieve full compliance. To see more information about the Schedules, policies, programs, and ordinances referenced in this section, please refer to:

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

2.1 Prevailing Wage Rates

The City has adopted State of California Prevailing Wage rates for its public works projects over $1,000.00 as per Section 7-2.2 of the Public Works Department Special Provisions.

This project is subject to Sections 1770-1781, 1813, and 1815 of the State of California Labor Code requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements. The City shall provide upon request copies of the prevailing rate of per diem wages to be paid to all applicable workers. The City shall make available prevailing wage rate determinations to all interested parties upon reasonable request during normal business hours. Additionally, the contractor shall have a copy of the prevailing wage determinations posted in a conspicuous place at each job site.

Prevailing wage information may also be obtained via the internet at: www.dir.ca.gov.

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.

2.2 Minimum Wage Ordinance

The City’s Minimum Wage Ordinance, effective March 2, 2015, establishes a minimum hourly wage rate, requires paid sick leave, and requires payment of service charges to hospitality workers. Employers must notify employees of the annually adjusted rates by each December 15th and prominently display notices at the job site.

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

Project No. 1007889 Page 8

Employers located in Oakland are subject to federal, state and local minimum wage laws. In the event of conflicting requirements, employers shall follow the stricter requirement by paying the higher rate. For further information, please refer to:

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

2.3 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.

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

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

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

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

F. 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.

G. 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.

2.4 Definitions and Abbreviations

Refer to Section 1-2 and 1-3 of the Special Provisions.

2.5 Davis-Bacon Act

As amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a https://www.oaklandca.gov/departments/workplace-employment-standards https://efiling.dir.ca.gov/PWCR/Search.action http://www.dir.ca.gov/public-works/publicworks.html

Project No. 1007889 Page 9 provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

2.6 Copeland “Anti-Kickback” Act

(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

2.7 Contract Work Hours and Safety Standards Act

(40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

2.8 Equal Employment Opportunity

Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Project No. 1007889 Page 10

2.9 Definitions and Abbreviations

Refer to Section 1-2 and 1-3 of the Special Provisions.

2.10 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 Agreement, Contractor agrees as follows:

a. Contractor and Contractor’s subcontractors, if any, shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual orientation, gender identity, race, creed, color, national origin, mental or physical disability (including but not limited to Acquired-Immune Deficiency Syndrome (AIDS), and AIDS-Related Complex (ARC)), military or military veteran status, or any other legally-protected class. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, promotion or 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 Subcontractors 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 orientation, gender identity, race, creed, color, national origin, mental or physical disability (including by not limited to AIDS, and ARC), military or military veteran status, or any other legally-protected class.

c. Contractor shall make its goods, services, and facilities accessible to people with disabilities and shall comply with the Americans with Disabilities Act and all other applicable federal, state, and local disability rights legislation.

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. Contractors are required to disclose any disciplinary or investigatory actions against the Contractor by the Equal Employment Opportunity Commission (EEOC), Department of Fair Employment & Housing (DFEH), or the Office of Federal Contract Compliance Programs (OFCCP). Contractor agrees to disclose and has disclosed, any and all such disciplinary or investigatory actions in writing to the Project Manager. Failure to disclose such action prior to execution of this Agreement or any subsequent amendment shall be a basis for termination of the Agreement.

Project No. 1007889 Page 11

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, 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 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 System (OMC 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 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 LBE/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.

B. The contractor understands and agrees to successfully perform the work requested

Project No. 1007889 Page 12 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.”

2.13 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.

Project No. 1007889 Page 13

The contractor acknowledges its duty to notify the Department of Workplace and Employment Standards 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.

2.14 Ownership, Ethnicity, and Gender Questionnaire – Schedule D

The contractor shall submit information concerning the ownership and workforce composition of its firm.

2.15 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 to the Project Manger prior to the execution of this agreement. Failure to disclose pending disputes prior to execution of this agreement or any subsequent amendment shall be a basis for termination of the agreement.

2.16 Contractor’s Qualifications - Schedule M, Part A

Contractor represents that Contractor has the qualifications and skills necessary to perform the services under this Agreement in a competent and professional manner without the advice or direction of the City. Contractor warrants that the Contractor, and the Contractor’s employees and sub-consultants 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 Contractor’s performance of the Services. All Services provided pursuant to this Agreement shall comply with all applicable laws and regulations.

Contractor will promptly advise City of any change in the applicable laws, regulations, or other conditions that may affect City’s program. Failure to perform all of the Services required under this Agreement will constitute a material breach of the Agreement and may be cause for the City’s termination of the Agreement. Contractor has complete and sole discretion for the manner in which the work under this Agreement is performed. Prior to execution of this Agreement, Contractor shall complete and submit Schedule M, Part A, Independent Contractor Questionnaire, which shall be attached hereto and incorporated herein.

2.17 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, architects and engineers, are subject to Oakland’s Living Wage Ordinance, Oakland Municipal Code, Title 2, 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 certain minimum hourly wages and health benefits to employees. The City determines and adjusts the rates annually using the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor as the index. Bidders are required to sign and submit a (Schedule N) certification of intent to comply with the Living Wage

Project No. 1007889 Page 14

Ordinance for design-build, construction manager at-risk or other contracts for public works of improvement that involve services of licensed professionals amounting to or in excess of $25,000, with their bids/proposals.

2.18 Equal Benefits Ordinance - Schedule N-1

This contract is subject to the Equal Benefits Ordinance of Chapter 2.32 of the Oakland Municipal Code and its implementing regulations. The Ordinance requires completion of Schedule N-1 and submittal of applicable employee benefits policies in order for compliance to be certified.

http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQBEOR.html#TOPTITLE

The purpose of this Ordinance is to protect and further the public, health, safety, convenience, comfort, property and general welfare by requiring that public funds be expended in a manner so as to prohibit discrimination in the provision of employee benefits by City contractors between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees. The requirements of this chapter shall not apply to subcontracts or subcontractors.

The following contractors are subject to the Ordinance:

• Entities which enter into a contract in an amount of twenty-five thousand dollars

($25,000.00) or more for public works improvements, 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; and

• Entities which enter into a property contract pursuant to Section 2.32.020(D) with the City in an amount of twenty-five thousand dollars ($25,000.00) or more for the exclusive use of or occupancy:

(1) of real property owned or controlled by the City; or

(2) of real property owned by others for the City’s use or occupancy, for a term exceeding twenty-nine (29) days in any calendar year.

The Ordinance shall only apply to those portions of a contractor’s operations that occur:

• Within the City; or

• On real property outside the City 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; or

• Elsewhere in the United States where work related to a City contract is being performed.

2.19 City of Oakland Campaign Contribution Limits – Schedule O

This Agreement is subject to the City of Oakland Campaign Reform Act of Chapter 3.12 of the Oakland Municipal Code. The Campaign Reform Act prohibits consultants that are doing business or seeking to do business with the City from making campaign contributions to Oakland candidates between commencement of negotiations and either 180 days after http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQBEOR.html#TOPTITLE

Project No. 1007889 Page 15 completion of, or termination of, contract negotiations. All prime contractors must complete the Acknowledgment of Campaign Contribution Limits Form.

2.20 Nuclear Free Zone Ordinance

The contractor complies with the City of Oakland’s restrictions on doing business with service providers considered nuclear weapons makers. Please review the ordinance at https://oaklandca.s3.us-west- 1.amazonaws.com/oakca1/groups/contracting/documents/webcontent/oak042285.pdf

2.21 Subcontractor, Supplier, Trucking Listing – Schedule R

Bidders must list ALL 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 and suppliers, 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.

SB 854: All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to DIR. Only registered contractors or 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.

2.21 Compliance Commitment

https://oaklandca.s3.us-west-1.amazonaws.com/oakca1/groups/contracting/documents/webcontent/oak042285.pdf https://oaklandca.s3.us-west-1.amazonaws.com/oakca1/groups/contracting/documents/webcontent/oak042285.pdf http://www.dir.ca.gov/public-works/SB854.html

Project No. 1007889 Page 16

The City’s DBE Program is applicable to projects receiving funding through the Federal Highway Administration (FHWA) with DBE goals. Prime contractors must use the City’s Labor Compliance Program tracker (LCP Tracker) to input ALL certified payroll reports, including all tiers of subcontractors for this project. Refer to Section 7-2.2.1 of the Special Provisions in Section 6 for more information including the monthly charge to the prime contractor.

2.22 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, datamining in large data bases 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.

2.23 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.

2.24 Certification of Debarment and Suspension – Schedule Z

The Contractor shall certify that no disciplinary of investigatory action has been taken against its firm by the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or Office of Federal Contract Compliance Programs.

Project No. 1007889 Page 17

Section 3. Federal Requirements

Please carefully review all the terms and conditions described below and elsewhere in these specifications. The City will award contracts only to firms that are in full compliance.

3.1 Federal Wage Rates

Federally funded projects are subject to the Davis-Bacon Act. The payment of predetermined minimum wages on Federal-aid contracts is derived from the Davis-Bacon Act of 1931 and is prescribed by 23 USC 113. Federal wage rates are not required to be physically included in the contract advertising package provided they are referenced to an Internet website address where they can be found. However, these wage rates must be physically inserted in the final contract package signed by the City and the contractor on all Federal-aid highway construction projects exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempted.

The federal minimum wage rates are available directly from the Department of Labor Home Page under https://sam.gov/. Click on and navigate through “Search Wage Determinations”. The most current federal minimum wage rates in effect when these bid documents were advertised are:

General Decision Number CA20260018 Modification #8 Sep 7, 2026

For conformance with the federal “10-day rule,” the City shall access the federal wage rates within ten days prior to bid opening to see if updated rates have been posted. The City will issue an addendum if updated wage rates have been posted. Addenda are issued only to official plan holders of the Bid book (those who have directly obtained the bid book from iSupplier).

It is important to ensure the project’s applicable federal prevailing wage rates physically be attached as an exhibit to the final contract agreement package prior to its execution by the contractor and local agency. The same provision set forth applies to the contractor’s subcontracted works as well.

3.2 Performance of Disadvantaged Business Enterprises

DBEs must perform work or supply materials as listed in Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts). Completed form may be collected post award.

https://sam.gov/

Project No. 1007889 Page 18

The contractor shall not terminate or substitute a listed DBE for convenience and perform the work with its own forces or obtain materials from other sources without authorization from the City.

The City may authorize a request to use other forces or sources of materials if the contractor shows any of the following justifications:

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

b. The listed DBE fails to meet the contractor’s bond requirements provided it was stipulated that a bond is a condition of executing the subcontract.

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

d. Listed DBE fails or refuses to perform the work or furnish the listed materials.

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

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

g. Listed DBE becomes bankrupt or insolvent.

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

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

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

k. City determines other documented good cause.

The contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons. The contractor shall provide the DBE with five (5) days to respond to the notice and advise the contractor and the City of the reasons why the use of other forces or sources of materials should not occur. The contractor’s request to use other forces or material sources must include:

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

b. Notices from the contractor to the DBE regarding the request.

c. Notices from the DBEs to the contractor regarding the request.

If a listed DBE is terminated or substituted, the 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 the DBE goal. The substitute DBE must be certified as a DBE at the time of request for substitution.

Unless the City authorizes a request to use other forces or sources of materials, or a good faith effort for a substitution of a terminated DBE, the City will not pay for work listed on the Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) form unless it is performed or supplied by the listed DBE or an authorized substitute.

3.3 Bid Rigging

The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid

Project No. 1007889 Page 19 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.

3.4 Differing Site Conditions

a. CONTRACTOR'S NOTIFICATION

The contractor must promptly notify the Resident Engineer if it finds either of the following conditions:

I. Physical conditions differing materially from either of the following:

• Contract documents

• Job site examination

II. 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.

The contractor must include details explaining the information it relied on and the material differences discovered.

If the contractor fails to promptly notify the Resident Engineer, the contractor waives the differing site condition claim for the period between its discovery of the differing site condition and its notification to the Resident Engineer.

If the contractor disturbs the site after discovery and before the Resident Engineer's investigation, the contractor waives the differing site condition claim.

b. ENGINEER'S INVESTIGATION AND DECISION

Upon notification, the Resident Engineer shall investigate job site conditions and:

I. Notify the contractor whether to resume affected work.

II. Decide whether the condition differs materially and is cause for an adjustment of time, payment, or both.

3.5 Buy America Requirement

This contract is subject to the “Buy America” provisions of The Surface Transportation Assistance Act of 1982 as amended by the Intermodal Surface Transportation Efficiency Act of 1991. Refer to Section 2-5.3.6 of the Special Provisions.

3.6 Prompt Payment from the Local Agency to the Contractors (California Public Contract Code §20104.50)

The Local 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 Local Agency fails to pay promptly, the Local Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a

Project No. 1007889 Page 20 money judgment remaining unsatisfied. Upon receipt of a payment request, the Local Agency shall act in accordance with both of the following:

(1) Each payment request shall be reviewed by the Local Agency as soon as practicable after receipt for the purpose of determining that the payment request 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.

3.7 Prompt Payment

The Local Agency shall ensure prompt and full payment of retainage from the prime contractor to the subcontractor within seven (7) days for construction contracts, or within fifteen (15) days for consultant contracts after the subcontractor’s work is satisfactorily completed and accepted. This shall be accompanied by including; either (1), (2), or (3) of the following provisions in their federal-aid contracts to ensure prompt and full payment of retainage [withheld funds] to subcontractors in compliance with 49

CFR 26.29.

Method 2 - No retainage will be held by the Local Agency from progress payments due to the prime contractor.