Euclid Avenue Smart Corridor Project.pdf

46700.00920\42650555.1

CITY OF ONTARIO

SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONTRACT NO. TR2604

FOR

EUCLID AVENUE SMART CORRIDOR PROJECT

July 21, 2026

PREPARED BY

CITY OF ONTARIO

ENGINEERING DEPARTMENT

303 EAST “B” STREET

ONTARIO, CALIFORNIA 91764

(909) 395-2012

CALIFORNIA

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

EUCLID AVENUE SMART CORRIDOR PROJECT

CONTRACT NUMBER TR2604

Bids will be received by the Engineering Department located in City Hall, 303 East B Street, Ontario, California 91764, until 11 a.m., AUGUST 11, 2026.

Prepared under the supervision of:

Jay Bautista, P.E., T.E.

(RCE 62841 Exp. 04/30/28)

Specifications and Contract Documents Prepared by:

Craig Cruz, Senior Associate Engineer

Recommended by:

Jay Bautista, P.E., T.E.

Transportation Manager

Plans Prepared by:

Guillermo Perez, Assistant Engineer

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SECTION 00010

TABLE OF CONTENTS

SECTION 00010 TABLE OF CONTENTS ................................................................................... I

SECTION 00100 NOTICE INVITING BIDS

SECTION 00200 INSTRUCTIONS TO BIDDERS

SECTION 00400 BID FORM

SECTION 00405 CONTRACTOR’S CERTIFICATE REGARDING WORKERS’

COMPENSATION

SECTION 00410 BID BOND

SECTION 00420 NON-COLLUSION DECLARATION

SECTION 00430 CONTRACTOR INFORMATION AND EXPERIENCE FORM

SECTION 00440 LIST OF SUBCONTRACTORS FORM

SECTION 00441 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

SECTION 00442 IRAN CONTRACTING ACT CERTIFICATION

SECTION 00443 FLEET COMPLIANCE CERTIFICATION.………………………………………

SECTION 00500 CONTRACT

SECTION 00610 PERFORMANCE BOND

SECTION 00620 PAYMENT BOND

SECTION 00700 GENERAL CONDITIONS

SECTION 00750 SPECIAL CONDITIONS

TECHNICAL SPECIFICATIONS

PLANS AND DRAWINGS

FEDERAL REQUIREMENTS

(BB&K 2020) - i - SECTION 00010

(BB&K 2020) - 2 - SECTION 00100

NOTICE INVITING BIDS

SECTION 00100

The City of Ontario (“City”) will receive electronic bids only for the Construction of the Euclid Avenue Smart Corridor Project no later than August 11, 2026 at 11:00 a.m. The electronic bid management system – PlanetBids - will not accept late bids. Bids shall be valid for 60 calendar days after the bid opening date.

The Project must be completed within 45 working days, beginning ten (10) calendar days after the date on which the notice to proceed (“Notice to Proceed”), as described in Article 42 of the General Conditions is sent by the City to the contractor submitting a bid for this Project (“Contractor”).

The work to be performed under this contract consists of, but is not limited to, the construction and/or installation of conduits, traffic signal equipment and communication equipment as necessary to complete the improvements as described in the Plans and Specifications for Contract TR2604

Bids must be submitted on the City’s Bid Documents available to registered vendors at www.ontarioca.gov by selecting “Bids and Proposals” under “Business” on the home page; the Contract Documents may be downloaded at no charge. Electronic modifications to or withdrawal of bids may be made by the bidder prior to the bid closing deadline. Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than (10%) of the submitted Total Bid Price.

Plan rooms that register may also download the contract documents and offer them for review.

All parties downloading Contract Documents will be listed under the solicitation’s “Prospective Bidders” tab.

Any Bidder may visit the office of the City Clerk at City Hall at the time set for bid submission and request a reading of the bids. However, bid results are automatically made public in the bid management system upon bid closing. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.

Each bid shall be accompanied by the security referred to in the Contract Documents, the non-collusion declaration, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders.

The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.

Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

http://www.ontarioca.gov/

(BB&K 2020) - 3 - SECTION 00100

The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which went into effect on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: Class A General.

Award of Contract: The City shall award the Contract for the Project to the lowest responsible bidder as determined from the BASE BID ALONE by the City. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

SPECIAL NOTICE ABOUT COVID-19: This Project consists of essential work and will therefore proceed unless appropriate governmental authorities order the work to cease. By submitting a Bid for this work, Bidder agrees to proceed with the work as proposed and to execute the contract in the form provided. Any conditions, caveats, or force majeure notices submitted with Bidder’s bid will not be accepted and may result in a determination that the bid is non-responsive. Any http://www.dir.ca.gov/dlsr

(BB&K 2020) - 4 - SECTION 00100

such conditions, caveats, or notices submitted after award may result in the forfeiture of Bidder’s bid security and award to the next lowest bidder. Bidders shall comply with the requirements provided in the section titled, “COVID-19 Safety Measures,” of the Special Conditions. The costs of adhering to and complying with such requirements, and any future updates thereto, shall be included in the Bidders’ bid amount. Key prevention practices include, but are not limited to, physical distancing, face coverings, frequent handwashing, regular cleaning and disinfection, and training employees on preventing the spread of COVID-19.

For further information, contact City of Ontario Purchasing Department at (909) 395-2012.

END OF NOTICE INVITING BIDS

(BB&K 2020) - 5 - SECTION 00200

INSTRUCTIONS TO BIDDERS

SECTION 00200

1. AVAILABILITY OF CONTRACT DOCUMENTS

Bids must be submitted to the City on the Bid Documents which are a part of the Bid Package for the Project. Prospective bidders may download a complete set of Contract Documents at no charge as stated in the Notice Inviting Bids.

The Contract Documents shall be made available for review at one or more plan rooms that have registered with Planet Bids, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must register as a vendor on the City’s website, download the Contract Documents, and submit a bid electronically.

2. EXAMINATION OF CONTRACT DOCUMENTS

The City has made copies of the Contract Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS

Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction to the City. Such submission, if any, must be sent via the electronic bid management system and received no later than July 30, 2026 at 11:00 A.M.

Any interpretation of the Contract Documents will be made only by written addenda duly issued and posted to the bid management system. All plan holders will be notified by e-mail when an addendum is posted. The City will not be responsible for any explanations or interpretations provided in any other manner except as provided for herein. No pers on is authorized to make any oral interpretation of any provision in the Contract Documents to any Bidder, and no Bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all items of work to be performed under the Contract Documents as the responsibility of the Contractor.

No members of the City’s staff or City Council should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.

4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK

Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and

(BB&K 2020) - 6 - SECTION 00200

labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Pre-Bid Meeting and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.

5. ADDENDA

The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by issuing Addenda. All plan holders will be notified by e-mail when an addendum is posted to the bid management system. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Announcement of any extension shall be made via the electronic bid management system to all plan holders. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, the electronic bid management system requires each bidder acknowledge receipt of all addenda before submission of the bid.

6. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only, unless otherwise specified in the Notice Inviting Bids. The time required for completion of the alternate bid items has been factored into the Contract Time and no additional time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

7. COMPLETION OF BID DOCUMENTS

Bids shall only be prepared using copies of the Bid Documents which are included in the Contract Documents and available on the electronic bid management system. The use of substitute bid documents will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Deviations in the bid form may result in the bid being deemed non-responsive.

8. ELECTRONIC SUBMISSION REQUIREMENTS

The bidder must enter pricing in the electronic bid form for any and all line items or a lump sum bid amount, as required. The pricing provided in the electronic bid form will be the only valid bid pricing for determination of low bid. The costs of any work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in related line items and no additional compensation shall be due the selected contractor. The estimated quantities for unit price items are for purposes of comparing Bids only and City makes no representation that the actual quantities of work performed will not vary from the estimates.

The bidder must enter subcontractor information in the electronic bid form. The subcontractor information provided electronically will be the only valid subcontractor information.

The bidder must attach a pdf file(s) to the electronic bid submission containing all of the completed and signed Bid Documents including a Bid Bond. The following is a list of Bid Documents that

(BB&K 2020) - 7 - SECTION 00200

must be completed and uploaded to PlanetBids as a single PDF file:

A. Bid Form

B. Bid Security, as a bid bond using the form included in the bidding documents, cash, or a cashier's check

C. Public Works Contractor Registration Certification form D. Contractor’s Certificate Regarding Workers' Compensation form E. Non-Collusion Declaration form F. Bidder Information and Experience Form G. Iran Contracting Act Certification Form H. Fleet Compliance Certification Form

9. MODIFICATIONS OF BIDS

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Documents, nor make substitutions thereon. Oral, telephonic, facsimile and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

10. SIGNING OF BIDS

All Bids submitted shall be executed by the Bidder or its authorized representative. Bidder shall upload an electronic scanned copy of the executed Bid Form to the electronic bid management system. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and

(2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom.

The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

11. BID SECURITY (GUARANTEE)

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier’s check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section

995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute

(BB&K 2020) - 8 - SECTION 00200

the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the intent to award the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to the City and the City may award the Contract to the next lowest responsible bidder, or may call for new bids.

THE BID SECURITY MUST BE RECEIVED PRIOR TO THE SPECIFIED DATE AND TIME FOR

BID OPENING.

Any bidder wishing to submit cash, cashier’s check or certified check in lieu of a bid bond must submit such by the bid opening date and time to the City Clerk at City Hall, 303 E. “B” Street, Ontario, CA 91764, in an envelope clearly labeled with the Project Title, Bid No., Bidder’s Name and Address.

12. SUBMISSION OF SEALED BIDS

Bidders may submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. The acceptable method(s) of electronic transmission are stated in the Notice Inviting Bids. City shall not accept bids otherwise transmitted. No oral, telephonic, or facsimile bids will be considered.

It is the responsibility solely of Bidder to see that its Bid is properly submitted to PlanetBids in proper form and prior to the stated closing time. PLANETBIDS WILL NOT ACCEPT LATE BIDS.

City will only consider Bids that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Bid was submitted successfully. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of PlanetBids, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Bidder to successfully submit an electronic Bid shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids.

Bidders experiencing any technical difficulties with the bid submission process may contact the PlanetBids system Support at 818-992-1771. If you continue to have difficulty, call the City’s Purchasing Office at 909-395-2012. Neither the City, nor the City’s bid management system, make any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission date and/or time.

13. DELIVERY AND OPENING OF BIDS

Bids will be received by the City via the electronic bid management system up to the date and time shown in the Notice Inviting Bids. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be opened at the date and time stated in the Notice Inviting Bids. Bid results are immediately available to the public at the closing deadline on the City’s website in the electronic bid management system. The City’s City Clerk’s office will also have bid results, immediately following bid opening. The City Clerk’s office is located at: 303 E. “B” Street, Ontario, CA 91764.

City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

14. WITHDRAWAL OF BID

(BB&K 2020) - 9 - SECTION 00200

Prior to the bid closing deadline, a Bid may be electronically withdrawn by the Bidder. Any request to withdraw a bid after bid opening must be made in accordance with Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturday, Sundays and State holidays, specifying in detail how the mistake was made.

15. BASIS OF AWARD; BALANCED BIDS

The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.

The lowest Bid will be determined on the basis of the Total Bid Price.

The City may reject any Bid which, in its opinion when compared to other bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

16. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID

No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the City.

17. LICENSING REQUIREMENTS

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract.

Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

18. INSURANCE REQUIREMENTS

The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.

19. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible

(BB&K 2020) - 10 - SECTION 00200

Bidder, the City may award the contract, or reject all bids. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and

(3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the intent to award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.

20. FILING OF BID PROTESTS

Submitted bids will be made available for review upon submission of a Public Records Act Request to the City Clerk’s Office.

Bidders may file a “protest” of a Bid with the City Clerk. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing not later than 5:00 p.m. on the fifth business day after the bid opening date or any City determination or recommendation regarding the Bidder’s Bid;

B. Clearly identify the specific irregularity or basis for the protest;

C. Specify, in detail, the factual and legal grounds for the protest; and

D. Include all relevant supporting documentation with the protest at time of filing.

If the protest does not meet all of these requirements, the City may reject it without further review.

All protests filed with the City Clerk shall be delivered to the following address:

City Clerk City of Ontario 303 East “B” Street Ontario, CA 91764-4196

21. WORKERS COMPENSATION

In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form included in the Bid Documents.

22. RETENTION AND SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon the percentage of the work completed. Unless the City has made findings pursuant to Public Contract Code section 7201 (that the work included in this Contract is substantially complex, and therefore a retention of 10% shall be withheld from each progress payment as provided by the Contract Documents), the City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute

(BB&K 2020) - 11 - SECTION 00200

securities for the amount so retained in accordance with Public Contract Code Section 22300.

23. PREVAILING WAGES

The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available at City Clerk’s Office or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

24. DESIGNATION OF SUBCONTRACTORS

Bidder shall set forth the name, address of the place of business, contractor license number, and public works contractor registration number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Contract Documents in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Substitution of listed subcontractors shall only be permitted in accordance with Public Contract Code Section 4107. No additional time will be provided to bidders to submit any of the requested information in the List of Subcontractor form.

25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

26. NON-COLLUSION DECLARATION

Bidders on all public works contracts are required to submit a declaration of non-collusion with their Bid. This form is included with the Bid Documents and must be signed and dated under

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penalty of perjury.

27. IRAN CONTRACTING ACT CERTIFICATION

Each bidder shall submit the certification required by the Iran Contracting Act of 2010, Public Contract Code section 2200 et seq. with its bid. The certification is included in the Bid Documents.

28. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE

The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

29. BIDDER INFORMATION AND EXPERIENCE FORM

Each Bidder shall complete the questionnaire provided in the Bid Documents and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the City that the Bidder is qualified to properly carry out the terms of the Contract.

30. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor DIR Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive.

31. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City.

The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Bid Price.

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32. REQUEST FOR SUBSTITUTIONS

The successful bidder shall comply with the substitution request provisions set forth in the Special Conditions, including any deadlines for substitution requests which may occur prior to the bid opening date.

33. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents. Bidders shall include all applicable taxes and fees that are in effect or reasonably anticipated on the bid date in their bid price.

34. EXECUTION OF CONTRACT

As required herein, the Bidder to whom the notification of intent to award is delivered shall, within ten (10) calendar days of the date of the notice, execute and deliver to City two identical counterparts of the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.

END OF INSTRUCTIONS TO BIDDERS

(BB&K 2020) - 14 - SECTION 00400

BID FORM

SECTION 00400

NAME OF BIDDER:

The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

EUCLID AVENUE SMART CORRIDOR PROJECT TR2604

We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Contract Documents for the ELECTRONICALLY

SUBMITTED TOTAL BID PRICE.

IMPORTANT:

THE ELECTRONIC BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND

PROPERLY SUBMITTED ON PLANETBIDS. THIS BID SCHEDULE IS FOR INFORMATIONAL

PURPOSES ONLY.

BID SCHEDULE

NO

ITEM DESCRIPTION UNIT OF

MEASURE

EST.

QTY.

UNIT PRICE LINE ITEM

COST

1 Mobilization LS 1

2 Traffic Control LS 1

3 Traffic Signal Improvements LS 1

In the event the electronic bid schedule requires unit pricing, final payment shall be determined by the City from measured quantities of work performed based upon the unit price.

The undersigned agrees that the electronic bid accompanied by this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

(BB&K 2020) - 15 - SECTION 00400

If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).

If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) calendar days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

The Contract duration shall commence on the date stated in the City’s Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in the City’s Notice to Proceed.

Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors, License No. , Expiration Date , class of license . If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges understanding and full consideration of the electronically issued addenda to the Contract Documents.

The following Bid Documents, which have been completed and executed by the undersigned Bidder, are incorporated by this reference and made a part of this Bid:

1. Completed Bid Schedule (Completed Electronically).

2. Completed Designation of Subcontractors form (Completed Electronically).

3. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price.

4. Attached is the fully executed Non-Collusion Declaration form.

5. Attached is the completed Contractor Information and Experience Form.

6. Attached is the completed Iran Contracting Act Certification form.

Attached is the completed Fleet Compliance Certification form.

7. Attached is the completed Public Works Contractor Registration Certification form.

8. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.

(BB&K 2020) - 16 - SECTION 00400

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of Bidder

Signature

Name and Title

Dated

*Bidder or its authorized representative shall upload an electronic scanned copy of the executed Bid Form to the electronic bid management system.

END OF BID FORM

REGARDING WORKERS’

COMPENSATION

SECTION 00405

CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder

Signature

Name

Title

Dated

END OF CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION

(BB&K 2020) - 17 - SECTION 00405

CONTRACTOR’S CERTIFICATE

(BB&K 2020) - 18 - SECTION 00410

BID BOND

SECTION 00410

[Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies Bid.]

The makers of this bond are, , as Principal, and , as Surety and are held and firmly bound unto the City of Ontario, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated , 20 , for:

EUCLID AVENUE SMART CORRIDOR PROJECT (the “Project”).

If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if bid is rejected or, in the alternate, the Principal is awarded the Contract, signs the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect and upon default of the Principal shall be forfeited to the City, it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal shall be the amount of this obligation as herein stated, as liquidated damages.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

[SIGNATURES NEXT PAGE]

(BB&K 2020) - 19 - SECTION 00410

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _ day of , 20 , the name and corporate seal of each corporation.

(Corporate Seal) Contractor/ Principal

By

Title

(Corporate Seal) Surety

Attorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title

(BB&K 2020) - 20 - SECTION 00410

Notary Acknowledgment

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF

On , 20 , before me, , Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

OPTIONAL

Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer

Title(s)

Partner(s) Limited

General

Attorney-In-Fact Trustee(s) Guardian/Conservator Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Title or Type of Document

Number of Pages

Date of Document

Signer(s) Other Than Named Above

(BB&K 2020) - 21 - SECTION 00420

NON-COLLUSION DECLARATION

foregoing bid.

SECTION 00420

NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the of , the party making the

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

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

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

(Signature)

(Print Name)

(Print Title)

(Date)

END OF NON-COLLUSION DECLARATION

- 22 - SECTION 00430

CONTRACTOR INFORMATION AND

EXPERIENCE FORM

(BB&K 2020)

SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM

A. INFORMATION ABOUT BIDDER

Failure to complete all information may render your bid non-responsive. [**Indicate not applicable (“N/A”) where appropriate.**]

NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1. Name of Bidder:

2. Type, if Entity:

3. Bidder Address:

Facsimile Number Telephone Number

4. How many years has Bidder’s organization been in business as a Contractor?

5. How many years has Bidder’s organization been in business under its present name?

i. Under what other or former names has Bidder’s organization operated?:

6. If Bidder’s organization is a corporation, answer the following:

i. Date of Incorporation:

ii. State of Incorporation:

iii. President’s Name:

iv. Vice-President’s Name(s):

v. Secretary’s Name:

vi. Treasurer’s Name:

7. If an individual or a partnership, answer the following:

i. Date of Organization:

- 23 - SECTION 00430

EXPERIENCE FORM

ii. Name and address of all partners (state whether general or limited partnership):

8. If other than a corporation or partnership, describe organization and name principals:

9. List other states in which Bidder’s organization is legally qualified to do business.

10. What type of work does the Bidder normally perform with its own forces?

11. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

12. Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

13. List Trade References:

- 24 - SECTION 00430

EXPERIENCE FORM

14. List Bank References (Bank and Branch Address):

15. Name of Bonding Company and Name and Address of Agent:

- 25 - SECTION 00430

EXPERIENCE FORM

B. LIST OF CURRENT PROJECTS (Backlog)

[**Duplicate page if needed for listing additional current projects.**]

Project Description of Bidder’s Work

Completion Date

Cost of Bidder’s

Work

Contact Name/ Phone Number

- 26 - SECTION 00430

EXPERIENCE FORM

C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS

[**Duplicate page if needed for listing additional completed projects.**]

Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Description of Bidder’s Work

Period of Performance

Cost of Bidder’s

Work

Contact Name/ Phone Number

- 27 - SECTION 00430

EXPERIENCE FORM

D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE

Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project in their designated capacities until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

E. ADDITIONAL BIDDER’S STATEMENTS:

If the Bidder feels that there is additional…