Signal Coordination on Lander Ave.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityofturlock

NOTICE TO CONTRACTORS,

PROPOSAL,

AGREEMENT, &

SPECIAL PROVISIONS

FOR CONSTRUCTION ON

Project No: CP 23-034 / CML-5165(101)

Signal Coordination on Lander Ave

IN STANISLAUS COUNTY,

TURLOCK, CALIFORNIA

Municipal Services-Engineering

Contact Person: Stephen Fremming

Phone: (209) 668-5417

Email: sfremming@turlock.ca.us

William D. Morris, RCE 55910

City Engineer

Proposals shall be delivered to Turlock, California by 2:00 pm on Thursday, September 3, 2026 via the OpenGov Procurement Portal.

Table Of Contents

1. NOTICE TO CONTRACTORS

1.1. NOTICE TO CONTRACTORS

2. PROPOSAL

2.1. PROPOSAL SUBMITTAL CHECKLIST

2.2. BIDDER'S FORM

3. AGREEMENT

3.1. PUBLIC IMPROVEMENT AGREEMENT - SAMPLE

4. SPECIAL PROVISIONS

4.1. EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE

4.2. SPECIFICATIONS AND PLANS

4.3. PROPOSAL REQUIREMENTS AND CONDITIONS

4.4. AWARD AND EXECUTION OF CONTRACT

4.5. BEGINNING OF WORK, TIME OF COMPLETION AND DELAY DAMAGES

4.6. GENERAL

4.7. WORK RESTRICTIONS

4.8. SCOPE OF WORK

4.9. CONSTRUCTION DETAILS

4.10. SIGNALS, LIGHTING, AND ELECTRICAL SYSTEM

4.11. WORK ZONE MOBILITY

4.12. ATTACHMENTS

Attachments:

A - LICENSEES RESPONSIBLE FOR SPECIFICATIONS

B - AFFIDAVIT

C - BIDDERS BOND

D - SUBCONTRACTORS (Blank)

E - DISCLOSURE OF LOBBYING ACTIVITIES

F - Exhibit 12-B Bidders List of Subcontractors (DBE and Non-DBE)

G - SAMPLE AGREEMENT

H - PREVAILING WAGES

I - SIGNAL PLAN MODIFICATIONS - Lander & Glenwood

J - TIMING PLAN - Lander & South

K - TIMING PLAN - Lander & F St

L - TIMING PLAN - Lander & Glenwood

V - TIMING PLAN - Lander & Linwood

SECTION 1 NOTICE TO CONTRACTORS

1.1 NOTICE TO CONTRACTORS

1.1.1 NOTICE TO CONTRACTORS

CITY OF TURLOCK, CALIFORNIA

NOTICE TO CONTRACTORS

Sealed proposals will be received by the City Engineer of the City of Turlock until 2:00 pm on

Thursday, September 3, 2026, for:

City Project No. CP 23-034 / CML-5165(101)

Signal Coordination on Lander Ave

Copies of the Contract Documents may be downloaded from the City's eProcurement portal located at:

https://procurement.opengov.com/portal/cityofturlock. For additional information, go to http://www.cityofturlock.org/capitalprojects. Proposals may only be submitted electronically through the

City's eProcurement portal, OpenGov.

In accordance with the provisions of California Business and professions Code, Section 7028, Contractor shall posses one of the following Contractor license(s) at the time of bid and for the duration of the contract: A - General Engineering Contractor, C-10 - Electrical Contractor

Failure to possess a specified license shall render the Bid as non-responsive, shall act as a bar to award of the contract to any Bidder not possessing said license(s) at the time of Bid opening and shall result in the forfeiture of the security of said Bidder. Furthermore, any Bidder or Contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractor’s License Board.

Each proposal must be accompanied by cashier's check, check certified by a responsible bank, or by a bid bond, the proposed form of which is on file in the office of the City Engineer of said City and to which special reference is hereby made in a sum not less than ten percent (10%) of the total amount bid, payable to the City of Turlock as liquidated damages in the case the bidder is awarded the contract and fails within ten (10) days after the date of mailing to him by the City Engineer of a notice of award of the contract and that the contract is ready for signature to execute the above-mentioned written contract and file with the City Engineer satisfactory insurance certificates as required by the terms of said contract and satisfactory bonds as required by law for the faithful performance of said contract and for the protection of material, men and laborers. Special reference is hereby made to Sections 5100, et. seq., of the Public Contracts Code of the State of California and to the proposed forms for said bonds now on file in the office of the said City Engineer for further particulars regarding bonds.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county Stanislaus in which the work is to be done have been determined by the Director of the California Department of

Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at 156 S. Broadway St, Turlock, CA 95380 and available from the California Department of

Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD. Future effective general https://procurement.opengov.com/portal/cityofturlock http://www.cityofturlock.org/capitalprojects http://www.dir.ca.gov/DLSR/PWD prevailing wage rates, which have been predetermined and are on file with the California Department of

Industrial Relations are referenced but not printed in the general prevailing wage rates.

Attention is directed to the Federal minimum wage rate requirements in the Bid book. The federal wage rates can be found at the following website: https://sam.gov/wage-determinations. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the

Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of

Bid book.

Bidders' attention is directed to the insurance requirements in the contract. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract.

Quantities set forth in the proposal form and in the specifications are approximate only, being given as a basis for comparison of bids, and the City of Turlock does not expressly or implied agree that the actual amount of work or materials will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or materials as may be deemed necessary by the City

Engineer.

Proposals may not be withdrawn for a period of sixty (60) days after the time fixed for opening of proposals. The City Council of the City of Turlock reserves the right to reject any and all proposals or any part thereof and to waive any errors or informalities in any proposals and to set and act as sole judge of the merit and qualifications of the equipment, supplies or services offered.

At the request and expense of Contractor, pursuant to Division 2, Part 5, Section 22300, et. seq., of the

Public Contracts Code, securities equivalent to any funds withheld as retention from progress payments made under this contract may be deposited with the City of Turlock or with a State or Federally chartered bank as escrow agent, who shall pay such moneys to Contractor upon completion of the contract.

The City of Turlock requires that Contractors take affirmative steps to comply with Executive Orders

11625, 12432 and 12138, and 34 CFR 85.36(e). Every feasible opportunity for minority and women's business enterprises to participate in procedures for gaining contracts and subcontracts shall be provided by each responsible Bidder submitting a proposal.

The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., Eastern Time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, https://sam.gov/wage-determinations bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The

“hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.

Contractors and subcontractors shall be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 in order to be qualified to bid on or be listed in a bid proposal. A contractor or subcontractor with an expired registration may be eligible to be qualified to bid on or be listed in a bid proposal if the registration is retroactively renewed pursuant to Labor Code Section

1725.5(c).

This project is subject to compliance monitoring and enforcement by the Department of Industrial

Relations. The contractors and subcontractors must furnish electronic certified payroll records to the

Labor Commissioner.

The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) for the notice that previously was required for projects monitored by the CMU.)

1.1.2 CONCLUSION

DATED: Tuesday, August 11, 2026

CITY OF TURLOCK

William D. Morris, RCE 55910

City Engineer

SECTION 2 PROPOSAL

2.1 PROPOSAL SUBMITTAL CHECKLIST

1 Proposal*

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item.

In accordance with the annexed Notice to Contractors, the undersigned, as bidder, declares that he has carefully examined the location of the proposed work, the plans, specifications and technical requirements therefore, and the proposed forms of contract and bonds mentioned or referred to in said

Notice and on file in the Office of the City Engineer of the City of Turlock, together with the prevailing rate of per diem wages for each craft or type of workmen needed to execute said contract; and he proposes and agrees that if this proposal is accepted, he will furnish all labor, materials, equipment, plant transportation, service, sales taxes, permit fees and other costs necessary to complete the construction in strict conformity to the plans and specifications and he will enter into a written contract with the City of

Turlock in the form of contract on file in the Office of the City Engineer for such purposes, and that he will execute and/or provide all bonds and insurance certificates required by law and/or by said contract and/or mentioned in said Notice to Contractors all in accordance with and subject to all applicable laws, and that he will take in full payment therefore the unit prices entered on the Bidder's Form.

☐ Please confirm

*Response required

2 Request for Substitutions*

You may upload information relative to material or equipment for which you would like to request approval of that were not specifically named in the project specifications. City staff will make an effort to respond to requests for substitution as part of the Q&A and addendum process, though will not be obligated to comment on, approve, or deny any request for substitution.

☐ Please confirm

*Response required

3 Enter the bidders' CSLB License No.*

*Response required

4 CSLB license confirmation*

The CSLB information provided is true and is provided as per Section 7028.15 of the Business and

Professions Code and is made herein under penalty of perjury.

☐ Please confirm

*Response required

5 Enter the bidders' DIR Registration number:*

*Response required

6 Important Notice*

If the proposal is accepted and the undersigned shall fail to contract as aforesaid and fail to file with the

City insurance certificates as required by said contract, within fourteen (14) days after the bidder has received notice from the City Engineer or his representative of the City of Turlock that the contract has been awarded to bidder and is ready for signature, the City of Turlock may, at its option, determine that the bidder has abandoned his contract, and thereupon this proposal and the acceptance thereof shall be null and void.

☐ Please confirm

*Response required

7 Affidavit*

Please download the below documents, complete, and upload.

• AFFIDAVIT.pdf

*Response required

8 Bidder's Authorized Signatory for Contract Document

Enter the required information for the bidder's authorized signatory below.

8.1. Full Name of Authorized Signatory*

*Response required

8.2. Title of Authorized Signatory*

*Response required

8.3. E-mail of Authorized Signatory*

*Response required

8.4. Phone Number of Authorized Signatory*

*Response required

9 INFORMATION REQUIRED OF BIDDER

9.1. Number of years’ experience as a contractor in construction work or installation work similar to that required in these specifications.*

*Response required

9.2. Name of person who inspected the site of the proposed work for your firm.*

*Response required

9.3. Date of Inspection*

*Response required

10 PREVIOUS WORK/REFERENCES

Please provide information for four (4) recent projects. If bidder is unable to provide information for four (4) reference projects, it shall provide as many reference projects that it can and City will make a determination as to bidder responsibility based on the available information.

10.1. Reference #1: Project No. and Title of a previous project you completed.* https://government-project.s3.us-west-2.amazonaws.com/193087/3bca5b78-6862-4474-b957-ff83488e78be_AFFIDAVIT.pdf

10.2. Reference #1: Name the Class and Type of Work for the completed project.*

10.3. Reference #1: Name, Address and Phone No. of the Owner of the completed project.*

*Response required

10.4. Reference #1: Who was the Registered Engineer in charge of the completed project?*

*Response required

10.5. Reference #1: List the amount of contract work you performed*

*Response required

10.6. Reference #1: Name of Prime Contractor (if you were Sub)

10.7. Reference #1: Date of Project Completion

10.8. Reference #1: List any Liquidated Damages that were assessed.

10.9. Reference #2: Project No. and Title of a previous project you completed.

10.10. Reference #2: Name the Class and Type of Work for the completed project.

10.11. Reference #2: Name, Address and Phone No. of the Owner of the completed project.

10.12. Reference #2: Who was the Registered Engineer in charge of the completed project?

10.13. Reference #2: List the amount of contract work you performed

10.14. Reference #2: Name of Prime Contractor (if you were Sub)

10.15. Reference #2: Date of Project Completion

10.16. Reference #2: List any Liquidated Damages that were assessed.

10.17. Reference #3: Project No. and Title of a previous project you completed.

10.18. Reference #3: Name the Class and Type of Work for the completed project.

10.19. Reference #3: Name, Address and Phone No. of the Owner of the completed project.

10.20. Reference #3: Who was the Registered Engineer in charge of the completed project?

10.21. Reference #3: List the amount of contract work you performed

10.22. Reference #3: Name of Prime Contractor (if you were Sub)

10.23. Reference #3: Date of Project Completion

10.24. Reference #3: List any Liquidated Damages that were assessed.

10.25. Reference #4: Project No. and Title of a previous project you completed.

10.26. Reference #4: Name the Class and Type of Work for the completed project.

10.27. Reference #4: Name, Address and Phone No. of the Owner of the completed project.

10.28. Reference #4: Who was the Registered Engineer in charge of the completed project?

10.29. Reference #4: List the amount of contract work you performed

10.30. Reference #4: Name of Prime Contractor (if you were Sub)

10.31. Reference #4: Date of Project Completion

10.32. Reference #4: List any Liquidated Damages that were assessed.

11 BOND INFORMATION

You can enter your Bid Bond information in the Surety2000 question below.

OR

You may also submit hard copy original bonds by mail or hand delivery prior to the bid due date and time to the following address:

City of Turlock Engineering Division 156 S. Broadway Suite 150 Turlock, CA 95380

11.1. Do you want to use Surety2000 to submit your bonding information?*

If you choose to upload bond forms not using Surety2000, you will need to submit the hard copy originals, prior to the bid due date and time, to engineering at:

City of Turlock Engineering Division 156 S. Broadway Suite 150 Turlock, CA 95380

☐ Yes

☐ No

*Response required

When equals "No"

11.1.1. Bidder's Bond*

Please download the documents below, complete, and submit hard copy original bonds by mail or hand delivery prior to the bid due date and time to the following address:

City of Turlock Engineering Division 156 S. Broadway Suite 150 Turlock, CA 95380

• BIDDERS_BOND.pdf

*Response required

When equals "Yes"

11.1.2. Bidder's Bond - Surety2000*

Please enter your Bid Bond information from Surety2000 below.

*Response required

12 OTHER DOCUMENTS AND CERTIFICATIONS

12.1. Subcontractors*

Please download the below documents, complete, and upload.

• SUBCONTRACTORS.Update.pdf

*Response required https://government-project.s3.us-west-2.amazonaws.com/193087/b38eb720-d73e-4ab2-80e0-d399e905ac5f_BIDDERS_BOND.pdf https://government-project.s3.us-west-2.amazonaws.com/193087/245e244a-101c-4bf7-b74f-a63f411f7bc3_SUBCONTRACTORS.Update.pdf

12.2. Exhibit 12-B "Bidder's List of Subcontractors (DBE and Non-DBE)-Parts I and II"*

Bidder acknowledges that it will complete and submit Exhibit 12-B "Bidder's List of Subcontractors

(DBE and Non-DBE)-Parts I and II" within 30 days of the bid opening. See the Attachments section. This attachment is not required to be submitted with the bid.

☐ Please confirm

*Response required

12.3. Equal Employment Opportunity Certification*

The bidder, proposed subcontractor, hereby certifies that he/she has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive

Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting

Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment

Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the

Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41

CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway

Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

☐ has

☐ has not

*Response required

12.4. Public Contract Code Section 10285.1 Statement*

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___

, has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or

Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in

Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.

The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

☐ has

☐ has not

*Response required

12.5. Public Contract Code Section 10162 Questionnaire*

In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?

☐ Yes

☐ No

*Response required

When equals "Yes"

12.5.1. Explain the circumstances here:*

*Response required

12.6. Public Contract Code 10232 Statement*

In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the

Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

☐ Please confirm

*Response required

12.7. Non-Collusion Affidavit*

(Title 23 United States Code Section 112 and

Public Contract Code Section 7106)

To the CITY OF TURLOCK

MUNICIPAL SERVICES DEPARTMENT

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;

that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true;

and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

☐ Please confirm

*Response required

12.8. Debarment and Suspension Certification*

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:

• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;

• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;

• does not have a proposed debarment pending; and

• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

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

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

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

☐ Please confirm

*Response required

12.9. Non-Lobbying Certification*

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

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

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed

$100,000 and that all such subrecipients shall certify and disclose accordingly.

☐ Please confirm

*Response required

12.10. Disclosure of Lobbying Activities

Please download the below documents, complete, and upload.

• DISCLOSURE_OF_LOBBYING_ACTI...

2.2 BIDDER'S FORM

The work includes all necessary labor, materials, tools, equipment and any incidentals needed to perform the improvements as described in the contract documents. The basis of award of bid is the lowest base bid without consideration of bid alternates. City may accept or reject alternates as it sees fit based on its available budget. Contractor shall enter pricing for the additive bid alternates that appear on the bidder's form.

BASE BID

Line

Item Description Quantity Unit of

Measure Unit

Cost Total

1 Mobilization and

Demobilization

1 LS

2 Temporary Traffic

Control

1 LS

https://government-project.s3.us-west-2.amazonaws.com/193087/f7dd0b01-a955-4f2f-8bd5-6d19c5ef4ebc_DISCLOSURE_OF_LOBBYING_ACTIVITIES.pdf

Line

Item Description Quantity Unit of

Measure Unit

Cost Total

3 Signal Head

Replacement

(Glenwood Ave &

Lander Ave)

1 LS

4 2070LX Traffic

Signal Controller and Modules with

Omni eX Software

1 LS

5 Conflict Monitor

Unit (CMU)

1 LS

6 Emergency

Vehicle

Preemption

System (Lander &

Linwood)

1 LS

7 All other items of work not included in other bid items

TOTAL

ADDITIVE BID ALTERNATE

Line

Item Description Quantity Unit of

Measure Unit

Cost Total

A1 Traffic Signal

Priority System

TOTAL

SECTION 3 AGREEMENT

3.1 PUBLIC IMPROVEMENT AGREEMENT - SAMPLE

Please see the Attachments section for the sample agreement the awarded contractor will be expected to sign.

SECTION 4 SPECIAL PROVISIONS

4.1 EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE

(For Local Assistance Construction Projects)

The following language must be incorporated into all Local Assistance Federal-aid construction contracts.

The following language, with minor edits, was taken from the Code of Federal Regulations.

MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE

UNDER THIS SECTION

All strikethrough text is removed from the requirements of this project.

4.1.1 DISADVANTAGED BUSINESS ENTERPRISES (DBE)

The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that

DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of

DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. An adequate GFE means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal.

If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation as described in Local Assistance Procedures Manual (LAPM) Chapter 9, Section 9.8 within 5 (five) days of bid opening.

It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of

DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search.

DBE participation will only count toward the California Department of Transportation’s federally mandated statewide overall DBE goal if the DBE performs a commercially useful function under 49

CFR 26.55.

Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:

• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.

• 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.

https://dot.ca.gov/programs/civil-rights/dbe-search

• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."

The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:

• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.

• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.

• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs.

• The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a

DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.

• The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with

DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement.

• The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.

• A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the

DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

Nondiscrimination Statement

The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

Contract Assurance

Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

A. Withholding monthly progress payments;

B. Assessing sanctions;

C. Liquidated damages; and/or

D. Disqualifying the contractor from future bidding as non-responsible.

Prompt Progress Payment

In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both

DBE and non-DBE subcontractors.

Prompt Payment of Withheld Funds to Subcontractors

The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or

Method 3 below and delete the other two.

Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the

Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the

California Business and Professions Code and Section 10262 of the California Public Contract Code.

This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed.

Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and

Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California

Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

Termination and Replacement of DBE Subcontractors

The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the

Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction

Contract DBE Commitment form, included in the Bid.

Termination of DBE Subcontractors

After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the Agency:

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

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

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

License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor.

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

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

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

G. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

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

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

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

Contract.

K. The Agency determines other documented good cause.

To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures:

A. Send a written notice to the DBE of Contractor’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the Agency by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

B. If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor’s written notice.

C. Submit Contractor’s DBE termination request by written letter to the Agency and include:

o One or more above listed justifiable reasons along with supporting documentation.

o Contractor’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor’s written notice o The DBE's response to Contractor’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The Agency shall respond in writing to Contractor’s DBE termination request within 5 business days.

Replacement of DBE Subcontractors

After receiving the Agency’s written authorization of DBE termination request, the Contractor must obtain the Agency’s written agreement for DBE replacement. The Contractor must find or demonstrate

GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the

DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

A. Submit a request to replace a DBE with other forces or material sources in writing to the Agency which must include:

1. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation.

2. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:

▪ Quote for bid item work and description of work to be performed

▪ Proposed subcontract agreement and written confirmation of agreement to perform on the

Contract

▪ Revised Subcontracting Request form

▪ Revised Exhibit 15-G: Construction Contract DBE Commitment

B. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor’s

GFEs to use DBE replacement firms within 7 days of Agency's authorization to terminate the DBE. The

Contractor may request the Agency's approval to extend this submittal period to a total of 14 days.

Submit documentation of actions taken to find a DBE replacement firm, such as:

o Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self-perform, to the extent needed to meet the DBE commitment o Solicitations of DBEs for performance of work identified o Correspondence with interested DBEs that may have included contract details and requirements o Negotiation efforts with DBEs that reflect why an agreement was not reached o If a DBE's quote was rejected, provide Contractor’s reasoning for the rejection, such as why the

DBE was unqualified for the work, or why the price quote was unreasonable or excessive o Copies of each DBE's and non-DBE's price quotes for work identified, as the Agency may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher o Additional documentation that supports the GFE

The Agency shall respond in writing to the Contractor’s DBE replacement request within five (5) business days. The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency.

Commitment and Utilization

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

The bidder shall complete and sign Exhibit 15-G: Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. LAPM Exhibit 9-I:

DBE Confirmation or equivalent form and DBE’s quote must be submitted. The written confirmation must be submitted no later than 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.

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

The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G: Construction Contract

DBE Commitment unless they receive written authorization for a termination or replacement from the

Agency.

The Agency shall request the prime contractor to:

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

B. Provide this notification before starting the affected work

C. Maintain records including:

o Name and business address of each 1st-tier subcontractor o Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier o Date of payment and total amount paid to each DBE (see Exhibit 9-F: Monthly Disadvantaged

Business Enterprise Payment)

If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.

Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification

(LAPM Exhibit 16-Z1) form.

If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date.