Final_IFB-080-2502501-AC.pdf

County of Orange, OC Public Works IFB# 080-2502501-AC Gilbert Street Improvements at Railroad Crossing (Phase 2)

OC PUBLIC WORKS

Procurement Services 601 N. Ross Street

Santa Ana, CA 92701

Date: March 8, 2024

INVITATION FOR BIDS

BID MUST BE RECEIVED

BEFORE:

March 20, 2024 / 2:00 PM PDT

IFB 080-2502501-AC

BID NUMBER

2502501

FILE FOLDER NUMBER

COVER PAGE

Procurement Services Regular Office Hours:

8:00 AM. to 5:00 PM

Monday through Friday

The office is closed between 12:00 PM and 1:00 PM

The County of Orange, OC Public Works, (“County”) is requesting competitive sealed bids from qualified Contractors (“Bidder”) for Gilbert Street Improvements at Railroad Crossing (Phase 2). The awarded contract (“Contract”) will be an all-inclusive, firm fixed price Contract between the County and awarded Bidder (“Contractor”) in accordance with the Contract Documents. The Contractor shall possess a current State of California A and C-10 Contractor’s license issued by the California State Contractor’s License Board.

BIDDING SCHEDULE

Time Date

Question & Answer Period Ends 2:00 pm PST 03/14/24 Electronic Bid Opening Date & Bid Security Due

2:00 pm PST 03/20/24

BIDS ARE DUE ON OR BEFORE THE DATE AND TIME SPECIFIED ABOVE.

BIDS WILL BE VALID FOR 180 DAYS AFTER CLOSING DATE.

I have read and understand and agree to the terms and conditions herewith, and I am submitting a bid in response to this solicitation.

Date: ____________________ Company Name:

*Authorized Signature Print Name Title

*Authorized Signature Print Name Title

* If the Bidder is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signator to bind the corporation.

RETURN THIS COVER PAGE WITH YOUR BID

County of Orange, OC Public Works IFB# 080-2502501-AC

PROJECT NAME: Gilbert Street Improvements at Railroad Crossing (Phase 2)

PROJECT LOCATION: Union Pacific Railroad Crossing at Gilbert Street and Pacific Place

APPROVED AS TO FORM:

Deputy County Counsel

Date

Prepared under the responsible charge of:

HDR, Inc.

3230 El Camino Real Suite 200 Irvine, CA 92602

Approved by:

James Treadaway, Director/ P.E. & S.E.

OC Public Works

Date

Administered By:

OC Public Works 601 N. Ross St.

Santa Ana, CA 92701

Approved by:

Kevin Onuma, County Engineer/ P.E.

OC Public Works

Date

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 1

TABLE OF CONTENTS

SECTION PAGE

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

BID FORM

1. BID SCHEDULE

2. COMPANY PROFILE & REFERENCES

3. MINIMUM EXPERIENCE/QUALIFICATIONS STATEMENT

4. NON-COLLUSION DECLARATION

5. IRAN CONTRACTING ACT FORM

6. IN-USE OFF-ROAD DIESEL-FUELED FLEETS REGULATION FORM

CONTRACT

1. CONTRACT DOCUMENTS

2. SCOPE OF WORK

3. CONTRACT PRICE AND TIME

4. BONDS

5. LIQUIDATED DAMAGES

6. CONTRACTOR SHALL PERFORM (51%) OR MORE OF THE WORK

7. RESERVED

8. EMPLOYEE ELIGIBILITY VERIFICATION

9. SECURING WORKERS’ COMPENSATION INSURANCE CERTIFICATION

10. PARTIES’ REPRESENTATIVES

11. SIGNATURE REQUIREMENTS

12. CAMPAIGN CONTRIBUTION DISCLOSURE REQUIREMENT

13. ENTIRE AGREEMENT

LABOR AND MATERIAL PAYMENT BOND

FAITHFUL PERFORMANCE BOND

GENERAL CONDITIONS

1. DEFINITIONS

2. COMPLIANCE WITH LAWS AND REGULATIONS

3. CONTRACTOR’S LICENSE

4. SUBCONTRACTORS

5. INTERPRETATION OF CONTRACT DOCUMENTS

6. PRE-CONSTRUCTION

7. BONDS, INDEMNITY, AND INSURANCE

8. SCHEDULES, SUBMITTALS, SUBSTITUTIONS, AND INSPECTIONS

9. PAYMENTS

10. LABOR CODE REQUIREMENTS

11. NONDISCRIMINATION

12. WARRANTY / GUARANTEES

13. PERFORMANCE

14. CHANGES

15. TERMINATION

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 2

16. DISPUTES AND CLAIMS

17. OCCUPANCY

18. ACCEPTANCE

19. MISCELLANEOUS PROVISIONS

SUPPLEMENTARY GENERAL CONDITIONS

SPECIAL PROVISIONS

EXHIBITS:

EXHIBIT 1 - CAMPAIGN CONTRIBUTION DISCLOSURE FORM

EXHIBIT 2 - CONTRACTOR SAFETY RESPONSIBILITY FORM

EXHIBIT 3 - CONTRACTOR SAFETY – ACTIVITY CHECKLIST (CONTRACTOR WILL

PROVIDE PRIOR TO CONTRACT EXECUTION)

EXHIBIT 4 – UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE

CROSSING AGREEMENT

EXHIBIT 5 – SCE DESIGN PLAN

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 3

INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF DOCUMENTS

The Contract, General Conditions, Plans, and Special Provisions are available electronically via OpenGov website at County’s online bidding system .

2. DEFINITIONS

As used in the Notice Inviting Bids and these Instructions to Bidders, the terms listed in the “Definitions” Section of the General Conditions shall have the meanings provided therein.

3. BID CONTENT

Bids shall be made in accordance with the following instructions:

Bids shall be made using the pre-printed forms contained herein. The pre-printed forms shall not be altered by the Bidder, except that Bidder shall properly fill in all items and include all requested information and documents. The Base Bid Amount shall be stated in both words and numerals. Signatures shall be wet originals followed by printed names.

Responsive Bids shall include, at a minimum, the following documents:

1) The completed Bid, including:

a) Complete Bidder’s name, address, and telephone number information;

b) Verified total Base Bid Amount written in words matching numeric Base Bid Amount;

c) Completed Bid Schedule;

d) Completed list of subcontractors with each subcontractor’s address, contractor’s license number, public works registration number, and work, trade, service, or portion of work to be provided. If no subcontractors will be used, please indicate so on the form;

e) Acknowledgment of receipt of all Addenda and Bulletins;

f) Completed Minimum Experience/Qualifications Statement, if such form is included in the pre-printed forms;

g) Bidder’s completed contractor’s license, public works registration information and signature;

h) Non-Collusion Declaration Form;

i) Iran Contracting Act Certification Form;

j) In-Use Off-Road Diesel-Fueled Fleets Regulation Form;

k) Campaign Contribution Disclosure Form;

l) Contractor Safety Responsibility Form

2) A ten percent (10%) bid security by certified or cashier’s check from a responsible bank, cash, or an original bidder’s bond issued and executed by an admitted surety insurer authorized to transact surety insurance in California, made payable to the order of the County of Orange in an amount equal to at least ten percent (10%) of the total bid amount, as a guarantee that the Bidder will enter into the proposed Contract if it is awarded to the Bidder. In the event the Bidder to which the Contract is awarded fails to provide bonds and insurance and meet other preconditions to the County’s execution of the Contract in a timely manner, the proceeds of the check or cash or the full sum of the Bidder’s bond will be forfeited to the County. Original bid security documents shall be received at the following address by 2:00 p.m. on the bid closing date or submittals shall be deemed non-responsive:

County of Orange/County Administration South Building Attn: Amanda Casas 601 N. Ross St., 4th Floor Santa Ana, CA 92701

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 4

3) An attached Non-Collusion Declaration.

4) Iran Contracting Form

Bids shall include all costs necessary to comply with the requirements of the Contract Documents. Bids premised on other bases will not be considered. Bids that do not reference all Addenda and Bulletins or that are not submitted on the prescribed forms may be rejected as non-responsive.

County reserves the right to include or exclude from the Project, at any time prior to completion of the work, any Additive, Deductive, or Deletable Bid Items. Payment shall be adjusted in accordance with the unit cost for each item as set forth in the Bid. Contractor shall not be entitled to any adjustment of unit costs set forth in its Bid for any Additive, Deductive, or Deletable Bid Items even if those items are added, deducted, or deleted after award of the Contract.

The Bidder shall be capable of performing, and shall perform with its own organization, work amounting to at least 51% of the Base Bid Amount. However, any Bid Item designated as a “Specialty Bid Item” will be excluded from the Base Bid Amount for purposes of this Section only.

4. LABOR CODE NOTICE

All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the Contract, successful Bidder (Contractor) and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.

5. LISTING OF SUBCONTRACTORS

Pursuant to the provisions of California Public Contract Code Sections 4100 through 4113, all Bidders shall state in their Bids:

1) The name, location of the place of business, and California contractor license number of each subcontractor who will perform work or labor or render service to the successful Bidder, or who will specially fabricate and install a portion of the work according to detailed drawings contained in the Plans and Special Provisions in an amount in excess of one-half of one percent of the Bidder's total Bid.

2) The work, trade, service, or portion of the work that will be performed by each such Subcontractor.

If the Bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of one-half of one percent of the Bidder's total Bid, the Bidder agrees to perform that portion with its own organization.

The successful Bidder shall not, without the consent of County, either:

1) Substitute any person, firm, or corporation as subcontractor in place of the Subcontractor designated in the original Bid; or

2) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the Bid.

In the event that the pre-printed Bid Form calls for alternates and Bidder intends to use different or additional subcontractors on the alternates, Bidder shall complete additional forms for each alternate listing the subcontractor(s) for such alternate.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 5

6. BIDDERS’ REVIEW OF DOCUMENTS AND CONDITIONS

Bidders shall inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Before submitting a Bid, Bidders shall: carefully review the Agreement, General Conditions, Plans, and Special Provisions, and all other Contract Documents; visit the Project site; and attend any mandatory pre-bid site meeting and walkthrough described below. Bidder must be capable of and plan to employ such means and methods as will allow performance of the work in accordance with the Contract Documents and will not cause any interruption or interference with any other contractor working at the site.

7. DELIVERY OF BIDS

Bids and modifications to the Bids, if any, must be submitted electronically via OpenGov at County’s online bidding system by the time and date set for the electronic Bid submittal in the Notice of Inviting Bids. Only electronic bids will be accepted, no exceptions. Bidders shall use the Bid Schedule in the Bidder’s Form to prepare their Base Bid Amount and submit their Base Bid Amount in response to this solicitation via OpenGov. Submission of the Bid before the time specified above shall be the sole responsibility of the bidder. Late Bids will not be accepted under any circumstances.

8. MODIFICATIONS AFTER BID OPENING

A modification received from the lowest responsive, responsible Bidder after Bids have been opened that makes the terms of the Bid more favorable to County may be considered at any time and the Contract may be awarded based on such modification.

9. WITHDRAWAL OF BIDS

A Bidder may withdraw its Bid by:

1) Hand-delivering a physical, written request to County at OC Public Works/Procurement at 601 North Ross St. 4th Floor, Santa Ana, CA. 92703; or,

2) Sending a letter on company letterhead via e-mail to the Deputy Purchasing Agent assigned to the project at Amanda.Casas@ocpw.ocgov.com.

The office of OC Public Works/ Procurement must receive the request for a Bidder to withdraw its Bid prior to the time set for opening of Bids.

10. BIDDER’S QUESTIONS, ADDENDA, BULLETINS, AND INTERPRETATIONS OF

DRAWINGS AND DOCUMENTS

County may hold a pre-bid meeting and site visit, and has made available the Agreement, General Conditions, Plans, and Special Provisions for this Project. Each Bidder shall familiarize itself with the Project site and shall review and evaluate those documents, including any documents referenced therein, and request any necessary clarification prior to submission of a Bid. Requests for clarification regarding any part of the Notice Inviting Bids, Instructions to Bidders, or Contract Documents must be submitted via County’s online bidding system. (For technical assistance with OpenGov, please contact OpenGov Customer Service)

Bidders shall post their questions on OpenGov website. All questions and requests for clarification or interpretation must be submitted no later than 3 days prior to the date of the Bid opening.

Questions emailed directly to the County will not be answered. If County considers a clarification or interpretation necessary, County shall issue a written Addendum or Bulletin through OpenGov only.

Such Addenda and Bulletins will be issued no later than 3 days prior to the time and date set for opening of Bids.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 6

Each Bidder shall ensure that it has received and reviewed any and all Addenda and Bulletins. County will not be responsible for any answers to questions, explanations, corrections to, or interpretations of the Contract Documents, Notice Inviting Bids, Instructions to Bidders, or other documents unless the answer, explanation, correction, or interpretation is issued through OpenGov Source.

11. AWARD OR REJECTION OF BIDS

The award of the Contract, if it is awarded, will be to the lowest responsive and responsible Bidder complying with these Instructions and the Notice Inviting Bids.

County reserves the right to reject the Bid(s) of all Bidders or to waive any immaterial irregularities or informalities of any Bid received.

County’s determination of the lowest Bid price shall be the lowest Base Bid Amount without consideration of the prices on any Additive or Deductive items. However, Deletable Bid Items will be considered as part of the Base Bid Amount.

A responsive Bidder shall mean a Bidder who has submitted a Bid which conforms, in all material respects, to the Bid Documents.

A responsible Bidder shall mean a Bidder who has demonstrated the attribute of trustworthiness, as well as the quality, fitness, capacity, and experience to satisfactorily perform the Contract. In determining responsibility, County may consider any or all of the following criteria, among others:

1) The ability, capacity, and skill of the Bidder to perform the work or provide the service required by the Contract.

2) Whether the Bidder can perform the Contract promptly, and within the time specified, without delay or interference.

3) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder.

4) The quality of Bidder’s performance of previous contracts.

5) Bids will only be considered from Pre-Qualified Bidders.

County reserves the right to defer award of this Contract for a period of 90 days after the Bid opening.

During this period of time, Bidders shall guarantee the prices quoted in their Bids. County and the lowest responsive, responsible Bidder may mutually agree in writing to a longer deferral period.

12. PROTESTS

Any Bidder who alleges an error or impropriety in the solicitation or award of a contract may submit a grievance or protest to the awarding department and the following procedures will apply.

a. Protest of Award of Contract

Prior to the filing of an Agenda Staff Report (ASR) for award of Contract, the DPA shall send a Notice of Intent to Award a Contract to all participating vendors and submit a copy to the Clerk of the Board.

1) Bidders will have five (5) business days from the date of the notice in which to file a protest concerning the award of the Contract.

2) Protests relating to a proposed Contract award which are received after the five (5) business day deadline will not be considered by the County.

3) During the five (5) business day period, bid information is subject to public disclosure.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 7

4) Upon expiration of the five (5) business day period or proper resolution of a protest/appeal, the department may move forward with the Contract award or if necessary, filing the item for approval by the Board of Supervisors.

b. Protest Process

1) In the event of a timely protest, the County shall not proceed with the solicitation or award of the Contract until the DPA, or the Director renders a decision on the protest.

2) Upon receipt of a timely protest, the DPA will within ten (10) Business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

3) The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the Contract is necessary to protest the substantial interest of the County. The award of a Contract shall in no way compromise the protestor’s right to protest procedures outlined herein.

4) If the protestor disagrees with the decision of the DPA, the protestor may submit a written appeal to the Office of the Director requesting an appeal, in accordance with the process stated below.

c. Appeal Process

1) If the protesting Bidder wishes to appeal the decision of the DPA, the protesting Bidder must submit, within three (3) business days from receipt of the DPA’s decision, a written appeal to the Office of the Director.

2) Within fifteen (15) business days, the Office of the Director will conduct a third-party review of all materials in connection with the grievance, assess the merits of the protest and provides a written determination that shall contain his or her decision.

The decision of the Director will be final and there shall be no right to any administrative appeals of this decision.

13. SPECIAL NOTICES

13.1. BONDS

Within 10 calendar days after award of the Contract, the successful Bidder shall furnish a Faithful Performance Bond and a Labor and Material Payment Bond, each in an amount equal to 100% of the Contract Price, issued by a surety in accordance with the requirements of the General Conditions of the Contract. The bonds shall be in the form of the models included in these Bid Documents, and must be approved by County’s Risk Manager and County Counsel. The successful Bidder shall submit the bonds in duplicate, all of which shall bear original signatures. The signature of the surety representative must be notarized.

13.2. INSURANCE

Within 10 calendar days after award of the Contract, the successful Bidder shall provide proof that all insurance required by the Contract is in place. County will not issue a Notice to Proceed until County has approved such insurance.

14. EXECUTION OF THE AGREEMENT AND NOTICE TO PROCEED

County will not execute the Agreement or issue a Notice to Proceed with the work until Bidder has submitted and County has approved Bidder’s Faithful Performance and Labor and Material Payment Bonds, proof of insurance, and initial job progress schedule. All such submittals must be received by County within 10 calendar days of award of the Contract. Any claims by Contractor for adjustments in time and/or cost for delays in issuing the Notice to Proceed due to Contractor’s failure to deliver bonds, insurance, and initial job progress schedule acceptable to County will not be considered.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 8

15. NO CLAIM FOR COSTS OF PREPARING BIDS

County will not be responsible for any expenses incurred by any Bidder in attending Pre-Bid Meetings or in preparing or submitting bids, bid bonds, or any other documents prepared by any Bidder prior to the Award of the Contract.

16. BIDDERS INTERESTED IN MORE THAN ONE BID

No person or entity shall submit or be interested in more than one Bid as prime contractor for the same work. A person or entity who has submitted a subproposal to a Bidder, or who has quoted prices on materials to a Bidder, is not hereby disqualified from submitting a subproposal or quoting prices to other Bidders.

17. NON-COLLUSION DECLARATION

Pursuant to Public Contract Code Section 7106, each Bidder must execute the Non-collusion Declaration contained in the Bid Documents and submit it with the Bid.

The County may require that the Contractor, before awarding any subcontract, secure Non-Collusion Declarations from proposed Subcontractors.

18. SUBSTITUTIONS

Bidders shall submit Bids covering the materials, equipment, products, processes, articles, or services as specified in the Contract Documents. County will not consider any request for a substitution prior to the opening of Bids.

19. CONTRACTOR'S LICENSE

Pursuant to Business & Professions Code Section 7028.15, County will not consider any Bid submitted by a Bidder that does not hold a valid contractor’s license at the time of submitting its Bid. This requirement is not a mere formality, and it will not be waived by the Board of Supervisors. The classification of contractor's license required for the performance of this Contract is specified in the Notice Inviting Bids.

20. COMPLIANCE WITH LAWS AND REGULATIONS

Bidders must at all times act in compliance with all applicable laws and regulations.

21. CAMPAIGN CONTRIBUTION DISCLOSURE REQUIREMENTS

Effective January 1, 2023, Government Code Section 84308, otherwise known as the “Levine Act,” became applicable to members of the Board and other County officials. In order to comply with this requirement, Bidder shall furnish the required Campaign Contribution Disclosure Information form as a required submittal with its Proposal. Failure to include the form as required will render the bid nonresponsive.

22. W-9 REQUIREMENTS

Department of the Treasury, Internal Revenue Service Form W-9 Requirement:

Effective June 3, 2006, all Contractors entering into a contract with the County, who are not already established in the Countywide Accounting and Personnel System (CAPS) as an Auditor-Controller vendor, will be required to submit to the County a federal Form W-9, or form W-8 for foreign vendors. The County will inform the Contractor, at the time of award, if the Form W-9, or W-8, will be required.

In order to comply with this County requirement, within ten days of notification of selection of award of Contract but prior to official award of Contract, the selected Contractor agrees to furnish to the contract administrator, the County DPA, or the agency/department deputy purchasing agent the required W-9 or W- 8.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 9

23. UNION PACIFIC RAILROAD RIGHT OF ENTRY AGREEMENT AND INSURANCE

REQUIREMENTS

The work being contemplated by this solicitation involves a railroad crossing owned by the Union Pacific Railroad. Prior to beginning any work on or over the property of, or affecting the facilities of, the Union Pacific Railroad, the successful Bidder shall enter into an agreement with the UPRR in the form of the “Contractor’s Right of Entry Agreement” as provided in Exhibit D of this solicitation’s Exhibit 4. There is a fee for processing of the agreement. Successful Bidder will be required to pay Union Pacific Railroad the nonrefundable payment estimated at $1,025. Bidders must review this solicitation’s Exhibit 4 and familiarize themselves with the Union Pacific Railroad's requirements for the successful Bidder contained therein, including Union Pacific Railroad specific insurance requirements.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 10

BID FORM

FOR

IFB #080-2502501-AC

BIDDER:

Business Name:

Business Address:

Contact Name:

Phone: Email:_____________________________________

The undersigned Bidder declares that the only persons or parties interested in this Bid are those named herein; that this Bid is made without collusion with any other person or entity; that the Bidder is fully informed of the conditions relating to the work to be performed; that the Bidder has carefully reviewed and complied with the Instructions to Bidders; that Bidder has carefully reviewed the Agreement, General Conditions, Plans, Special Provisions, and all other Contract Documents. The Bidder agrees that upon acceptance of this Bid by the award of the Contract, the Bidder has entered into a contract with the County of Orange, a political subdivision of the State of California (“County”), to provide all the necessary labor, materials, machinery, tools, apparatus, and other means for construction, and to complete all work as specified in the Contract Documents in the manner, time, and according to all requirements, terms, and conditions set forth in the Contract Documents.

Construction Total Amount $_____________________________________________________

(Construction Total Cost shall include Base Construction Amount and Allowances)

Dollars

(Construction Total Cost must be stated in both numerals and words)

The Contract will be awarded to the lowest responsive, responsible bidder (“Contractor”) as set forth in the Instructions to Bidders. Each Bidder shall provide a breakdown of its Bid in accordance with the following Bid Schedule.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 11

DEFINITIONS

For definitions of terms used in this Bid Form, refer to the “Definitions” Section of the General Conditions.

1. BID SCHEDULE

SCHEDULE OF WORK ITEMS

Item Section Description Unit Quantity Unit Price (in figures)

Item Total (in figures)

1 SP-6 MOBILIZATION LS 1 $40,000 $40,000

2 SP-9 PERMIT

REQUIREMENTS LS 1

3 SP-10 UPRR COORDINATION LS 1

4 SP-10 FLAGGING DAY 40

5 SP-11

EROSION, SEDIMENT

AND CHEMICAL

CONTROL PLAN (ESCCP)

LS 1

6(D) SP-13 PARTNERING (D) LS 1 $10,000 $10,000

7 SP-14

PROGRESS SCHEDULE

(CRITICAL PATH

METHOD)

MO 8

8 SP-16 CLEARING &

GRUBBING LS 1 $10,000 $10,000

9 SP-17

PROJECT

INFORMATION SIGN

(MEDIUM)

EA 2

10 SP-18

UTILITY

VERIFICATION

AND

IDENTIFICATION

LS 1

11 SP-20

CONSTRUCTION

STAGING AND TRAFFIC

MAINTENANCE PLANS

LS 1

12 SP-21 CLASS A FIELD OFFICE MO 8

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 12

(in figures)

Item Total (in figures)

13 SP-22 REMOVE ASPHALT

CONCRETE PAVEMENT SF 5100

14 SP-23 REMOVE SIDEWALK SF 1100

15 SP-23 REMOVE CURB AND

GUTTER LF 400

16 SP-23 REMOVE CURB RAMP SF 240

17 SP-23 REMOVE DRIVEWAY SF 200

18 SP-24 REMOVE FENCING LF 80

19 SP-25 CHAIN LINK FENCE LF 80

20 SP-26 TEMPORARY FENCING LF 400

21 SP-28

CONSTRUCT 4” THICK

PCC

SIDEWALK PER OCPW

STD

PLAN 1205

SF 1640

22 SP-28

CONSTRUCT FLARED

DEPRESSED CURB

DRIVEWAY PER OCPW

STD

SF 290

23 SP-28

CONSTRUCT 6" CURB

AND

GUTTER, A2-6 PER OCPW

STD 120-2-OC

LF 230

24 SP-28

CONSTRUCT 8" CURB

AND

GUTTER, A2-8 PER OCPW

STD

120-2-OC

LF 70

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 13

(in figures)

Item Total (in figures)

25 SP-28

CONSTRUCT 8" CURB,

A1-8

PER OCPW STD 120-2-OC

LF 300

26 SP-28

CONSTRUCT 3"

MOUNTABLE

CURB, A1-3 PER OCPW

STD

120-2-OC

LF 20

27 SP-28

CONSTRUCT CURB

RAMP

PER OCPW STD 1115

SF 260

28 SP-29 DETECTABLE WARNING

SURFACE ONLY SF 110

29 SP-30 COLD MILL ASPHALT

CONCRETE PAVEMENT SF 3000

30 SP-31 ASPHALT CONCRETE

PAVEMENT TON 319

31 SP-32 PATTERN-STAMPED

CONCRETE SF 1370

32 SP-35 UNCLASSIFIED FILL CY 75

33 SP-36 AGGREGATE MATERIAL CY 6

34 SP-37 ADJUST WATER VALVE

TO GRADE EA 3

35 SP-38 REMOVE ROADSIDE

SIGNS EA 5

36 SP-40 RELOCATE ROADSIDE

SIGN EA 3

37 SP-41 INSTALL ROADSIDE

SIGN EA 9

38 SP-42 TRAFFIC STRIPING AND

PAVEMENT MARKERS LS 1

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 14

(in figures)

Item Total (in figures)

(S) SP-43 TRAFFIC SIGNAL

SYSTEM (S) LS 1

(D) SP-44 SUPPLEMENTAL WORK

(D) LS 1

TOTAL BID AMOUNT:

Abbreviations:

(A) Additive Bid Item CF = Cubic Foot LS = Lump Sum

(D) Deletable Bid Item CY = Cubic Yard MO = Month

(F) Final Quantity Bid Item DAY = Working Day TON = Ton (2,000 lbs)

(NA) Non-Adjustable Bid Item EA = Each SF = Square Foot

(P) Partial Payment Bid Item LB = Pound SY = Square Yard

(S) Specialty Bid Item LF = Linear Foot T&M = Time & Materials

Bidders are reminded that the last page of this Bid must be signed.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 15

TIME IS OF THE ESSENCE TO THE CONTRACT. CONTRACTOR SHALL COMPLETE THE

PROJECT WITHIN THE CONTRACT TIME AS DEFINED IN THE “CONTRACT PRICE AND TIME”

SECTION OF THE AGREEMENT. FAILURE TO MEET THIS REQUIREMENT WILL SUBJECT

CONTRACTOR TO LIABILITY FOR LIQUIDATED DAMAGES PURSUANT TO THE

“LIQUIDATED DAMAGES” SECTION OF THE AGREEMENT.

The Bidder shall submit its Bid on a lump sum and/or unit price basis as set forth in the pre-printed Bid Form. Quantities and prices represented on the Bid Schedule are used for bidding purposes.

Notwithstanding acceptance of this Bid, however, County reserves the right to review and approve the Contractor’s Schedule of Values in accordance with the “Project Schedule and Schedule of Values” Section of the General Conditions. The approved Schedule of Values shall be the basis for all of Contractor’s payment requests and invoices.

Progress payments shall be made in accordance with the “Project Schedule and Schedule of Values” and “Payments” Sections of the General Conditions. Additional material or work completed beyond the requirements in the Contract Documents will not be compensated unless the additional work has been authorized in advance by County in accordance with the “Changes” Section of the General Conditions.

Unless otherwise specified in the Contract Documents, Contractor will not be paid for any materials not incorporated into the work.

Bids in which the total cost for an individual Bid Item does not correspond to the quoted unit price may be rejected as non-responsive. However, County reserves the right to waive any non-material defects or irregularities in a Bid that do not result in any unfair competitive advantage. In any conflict between the unit price and the total cost calculated for an individual item, the unit price shall prevail.

Allowances, where included, are listed in the Bid as lump-sum estimates. The tasks, conditions, standards, and schedules for performance of Allowances shall be subject to prior written approval of County. Payment for Allowances shall be in accordance with the “Allowances” subsection of the “Payments” Section of the General Conditions. Any costs exceeding the maximum amount of any Allowance shall be addressed in accordance with the “Changes” Section of the General Conditions. Upon completion of the Project, each Allowance estimate will be corrected for unused balances by Change Order to reflect the actual amount authorized for that Allowance.

Bidders are reminded that the last page of this Bid must be signed.

C ou nt y of O ra ng e, O

C P ub lic

W or ks

IF

B

0-

1- A

C G ilb er t S tr ee t I m pr ov em en ts a t R ai lr oa d

C ro ss in g (P ha se

Pa ge

Th e

B id de r s ha ll lis t b el ow a ll su bc on tra ct or

(s ) w ho w ill p er fo rm a ny p or tio n of th e w or k in e xc es s of

.5 o f t he to ta l b id

Th e

B id de r s ha ll st at e ea ch s ub co nt ra ct or

’s n am e, p ar tic ul ar tra de o r s ub di vi si on o f t he w or k, li ce ns e nu m be r, an d pr in ci pa l l oc at io n.

I f t he B id de r s pe ci fie s m or e th an o ne su bc on tra ct or fo r t he sa m e po rti on o f w or k to b e pe rf or m ed o r f ai ls to li st a su bc on tra ct or fo r a ny p or tio n of th e w or k in e xc es s o f 0

.5 o f t he to ta l b id , t he B id de r r ep re se nt s t ha t h e or sh e is fu lly q ua lif ie d to p er fo rm th at p or tio n hi m se lf or h er se lf, a nd

, i f a w ar de d th e

C on tra ct

, s ha ll pe rf or m th at p or tio n hi m se lf or h er se lf.

N A

M E

O F

C O

N

TR

A C

TO

R

O R

PO

R

TE

FF

IC

E A

D D

R

ES

S

LO

C A

L O

FF

IC

E A

D D

R

ES

S C

O N

TR

A

C

TO

’S

LI

EN

SE

N

O

D

IR

N O

D

V B

E C

ER

T.

N O

SB

ER

T.

N

O

W O

R K

, T R

A D

E, SE

V

IC

E, O

R P

O R

TI

F

W O

R K

T O

B E

PR

O

V

ID

ED

ID

IT

EM

(s of to ta l B

ID

fo r th is S ub

PR

IC

E O

F W

O

K

PE

FO

R

M

ED

Y

TH

IS

S

U

[A tta ch a dd iti on al p ag es a s n ec es sa ry

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 17

If County accepts this Bid and the undersigned Bidder fails to submit acceptable bonds, insurance, initial job progress schedule, and any other documents required by the Instructions to Bidders or Contract Documents prior to execution of the Contract, or if such Bidder fails to execute the Agreement within the timeframes specified therein, County may, at its option, determine that the Bidder has abandoned the Contract. Upon such determination, the Bidder shall forfeit any security accompanying this Bid, and said security shall become the property of County, and County may proceed to award the Contract to the next lowest responsive, responsible Bidder.

Accompanying this Bid is: Cash in the amount of $

Cashier's Check for $

Certified Check for $

Bidder's Bond for $

[Check the appropriate box(es) and fill in the corresponding dollar amount(s), which must total at least 10% of the Base Bid Amount.]

Contractor’s License No.:

Contractor’s License Classification:

Contractor's License Expiration Date:

Contractor’s Public Works Registration No.:

If Bidder is a joint venture, then in accordance with Business & Professions Code Section 7029, every member of the joint venture shall be listed with its license information in the format used above (attach additional pages as necessary).

By signing below, the Bidder also acknowledges receipt of:

Addendum/Bulletin Nos. ________________________________________________

Signature of Bidder:

Printed Name and Title:

Date: , NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth on the top of this Bid Form as the Name of Bidder, and the name, title, and signature of the person authorized to sign contracts on behalf of the corporation shall appear above; if Bidder is a partnership or joint venture, the true name of the firm shall be set forth as the Name of Bidder, and the signature of the partner authorized to sign contracts on behalf of the partnership or joint venture shall appear above; and if Bidder is an individual, Bidder's signature shall appear above. If signature is by an agent other than an officer of a corporation or a member

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 18 of a partnership, a Power of Attorney must be on file with County prior to Bid opening, or must be submitted with the Bid; otherwise, the Bid may be rejected as non-responsive.

The Bidder must be an individual or entity holding a valid California State Contractor’s License (number and classification as set forth in the Instructions to Bidders) in accordance with the requirements of this Bid and Business & Professions Code Section 7028.15. By signing this Bid, Bidder certifies that the Contractor's License referenced above is in good standing and has been properly issued to Bidder.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 19

COMPANY PROFILE & REFERENCES

2. COMPANY PROFILE

Company Legal Name:

Company Legal Status (corporation, partnership, sole proprietor etc.):

Active licenses issued by the California State Contractor’s License Board:

Corporate Office Address:

Local Business Address:

(If more than one, use a separate sheet of paper)

DVBE Certification No. ___________________ SBA Certification No.

(If not certified put N/A)

Telephone Number: Facsimile Number:

Email Address:

Length of time the firm has been in business: Length of time at current location:

Is your firm a sole proprietorship doing business under a different name: Yes No

If yes, please indicate sole proprietor’s name and the name you are doing business under:

Is your firm incorporated: Yes No If yes, State of Incorporation:

Federal Taxpayer ID Number: _______________________ *D-U-N-S #:__________________________

Regular business hours:

Regular holidays and hours when business is closed:

Contact person in reference to this solicitation:

Telephone Number: Facsimile Number:

Email Address:

Contact person for accounts payable:

Telephone Number: Facsimile Number:

Email Address:

Name of Project Manager:

Telephone Number: Facsimile Number:

Email Website Address:

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 20

In the event of an emergency or declared disaster, the following information is required;

Name of contact during non-business hours:

Telephone Number: Cell or Pager Number:

Email Address:

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 21

COMPANY PROFILE & REFERENCES (CONTINUED)

REFERENCES

Submit the company names, addresses, telephone numbers, contact names, contract effective dates, contract amount, and brief contract descriptions of at least three clients (three different clients) for whom comparable projects have been completed or submit letters from your references which include the requested information. These should not be County of Orange references and must be responsive and verifiable.

Company Name: Telephone Number:

Contact Name: Contact Email: ______________________

Address:

Contract Effective Dates: Contract Amount:

Brief Contract Description:

Company Name: Telephone Number:

Contact Name: Contact Email: ______________________

Address:

Address:

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 22

Address:

Address:

Number of projects the Prime has completed in Orange County ______________________

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 23

3. MINIMUM EXPERIENCE/QUALIFICATIONS STATEMENT

The classification of contractor’s license required for the performance of this Project is A & C-10. Within the last 5 years, the Bidder shall have completed at least 3 projects of similar size, scope, and complexity as this Project. These must be projects that are not County of Orange projects and shall not be from the same owner.

Project Experience and Qualifications:

1. Project Name:

Owner/Agency:

Owner’s Project Manager:

Owner’s Project Manager’s Phone No. (_____)

Owner’s Project Manager’s Email

Contract Amount: Date Completed:

2. Project Name:

Owner/Agency:

Owner’s Project Manager:

Owner’s Project Manager’s Phone No. (_____)

Owner’s Project Manager’s Email

Contract Amount: Date Completed:

3. Project Name:

Owner/Agency:

Owner’s Project Manager:

Owner’s Project Manager’s Phone No. (_____)

Owner’s Project Manager’s Email

Contract Amount: Date Completed:

By signing this Minimum Experience/Qualifications Statement, the Bidder certifies that the information provided is true and accurate. False or inaccurate information may result in the Bidder being deemed non-responsive. (Reasonable approximations of quantities are acceptable.)

Contractor’s Signature

Title: Dated:

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 24

4. NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the __________________ [title] of ____________________ [name of Contractor], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted 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 of Bidder: ____________________________

Printed Name: ____________________________

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 25

5. IRAN CONTRACTING ACT

CERTIFICATION FORM

(Public Contract Code sections 2202-2208)

Prior to bidding on, submitting a proposal for, or executing a contract or contract renewal for a County contract for goods or services of $1,000,000 or more, a Contractor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b); or

b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

To comply with this requirement, please insert your Contractor name and Federal ID Number (if available) and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-years of ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 - CERTIFICATION

I, the official named below, certify I am duly authorized to execute this certification on behalf of the Contractor identified below, and the Contractor identified below is not on the current list of persons engaged in investment activities in Iran created by DGS.

Contractor Name (printed)

Federal ID Number (or n/a)

By (authorized signature)

Printed name and Title of Person Signing

Date Executed

Executed in

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a Contractor engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Federal ID Number (or n/a)

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 26

6. IN-USE OFF-ROAD DIESEL-FUELED FLEETS REGULATION

California Air Resources Board (CARB)

As of January 1, 2024, amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation (“Regulation”) require prime contractors and public works awarding bodies to verify and obtain Certificates of Reported Compliance (“Certificates”) from all fleets and subcontractors using vehicles subject to this regulation. Non-compliance with these requirements can result in penalties, including fines and restrictions on participating in public works contracts.

The Regulation, enforced by the California Air Resources Board (CARB), mandates the reduction of diesel emissions from off-road vehicles operating in California. This regulation applies to all self-propelled off-road diesel vehicles 25 horsepower or greater, except certain exempt vehicles. It requires fleets to meet progressively stringent emission reduction targets, achievable through retiring older vehicles, retrofitting with emission controls, or acquiring newer, cleaner models. Compliance is monitored through mandatory reporting and vehicle labeling, ensuring adherence to the established emission standards.

Prime Contractor Obligations:

New valid Certificates for fleets with ongoing contracts will be collected annually between March 1 and June 1.

Only fleets with valid Certificates will be allowed on the job site.

Compliance with reporting requirements for non-compliant fleets or vehicles will be ensured.

Compliance Declaration:

1. Will any vehicles subject to the In-Use Off-Road Diesel-Fueled Fleets Regulation be used in this project?

[ ] Yes [ ] No

2. If 'Yes,' please list all fleets and subcontractors that will use such vehicles in this project:

CONTRACTOR/SUBCONTRACTOR NAME DOORS FLEET ID

3. For each listed fleet/subcontractor, please attach a copy of the valid Certificate of Reported

Compliance.

By signing below, I certify the information given above is correct and I have provided all the required Certificates. I further certify I shall provide copies of all Certificates obtained during the duration of the Contract to County if awarded the Contract.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 27

COUNTY OF ORANGE MODEL CONTRACT

CONTRACT

This Agreement is made and entered into the _____ day of _______________, 20____, by and between the County of Orange, a political subdivision of the State of California (“County”), and _____________________________________________ (“Contractor”).

County and Contractor agree as follows:

1. CONTRACT DOCUMENTS

Contract Documents, which together comprise the complete agreement between County and Contractor, consist of the following: the Bid; this Contract; the General Conditions; Supplementary General Conditions;

the Non-collusion Declaration; Special Provisions; Addenda and Bulletins; Attachments; Appendices;

Plans; Standard Plans; Standard Specifications; all Reference Specifications mentioned in any Contract Documents; and all modifications and amendments to the foregoing issued after the date of execution of the Agreement, including Amendments and Change Orders. The Contract Documents also include the Faithful Performance Bond and the Labor and Material Payment Bond unless such bonds are expressly not required for this Project by the Supplementary General Conditions or Special Provisions. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all.

2. SCOPE OF WORK

Contractor shall perform all work as required by, and in strict accordance with, the Contract Documents (the “Project”), which consists of the following install new traffic signals at this intersection with railroad grade crossing protection devices, including new railroad crossing gates and raised center medians, new Americans with Disabilities Act compliant curb ramps and sidewalks and asphalt roadway and concrete railroad panel restoration.

3. CONTRACT PRICE AND TIME

3.1. CONTRACT PRICE

County shall pay Contractor for all work required by the Contract Documents the Contract Price of _______________________________________ Dollars ($____________), as it may be adjusted pursuant to the “CHANGES” Section of the General Conditions, and in accordance with the “PAYMENTS” Section of the General Conditions.

3.2. CONTRACT TIME

Within 10 calendar days of the Board of Supervisors’ award of the Contract, Contractor shall submit to County for its review: acceptable bonds; proof of insurance; initial job progress schedule; and any additional documentation required prior to execution of this Contract by the Contract Documents, Supplementary General Conditions or Special Provisions. If County rejects the submitted documents, Contractor will have 5 additional calendar days to resubmit. If Contractor fails to submit documents within the required time(s), the Contract Time (as defined below) will be reduced by the number of days which exceed the time for submittal. If Contractor fails to submit acceptable documents by the second submission, County may, at its sole discretion, proceed to award the Contract to the next lowest responsive, responsible bidder or reduce the Contract Time by the number of days between County’s rejection of the second submission and County’s approval of the documents.

County of Orange, OC Public Works IFB# 080-2502501-AC

2502501 Page 28

Upon County’s approval of the bonds, insurance, initial job progress schedule, and any other required submitted documents, County will deliver to Contractor a signed copy of the Agreement and a Notice to Proceed with the work. Contractor shall not commence construction until County issues the Notice to Proceed. Contractor shall complete all work required by the Contract Documents within 160 Working Days of the effective date of the Notice to Proceed (“Contract Time”). The Contract Time includes 20 Working Days of anticipated weather days necessitating stoppage of work, and a time extension due to rain or other adverse weather conditions will only be granted in accordance with the “DELAYS DUE TO WEATHER AND FORCE MAJEURE” Section of the General Conditions.

4. BONDS

Within ten (10) calendar days after award of the Contract, the successful Contractor shall furnish a Faithful Performance Bond and a…